NAC445A.744. Categorical exclusion: Determination by Division; criteria for granting; request for exclusion of additional categories.

     1. The Division shall determine whether an action is eligible for exclusion from review pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. §§ 4321 et seq.

     2. The Division may grant a categorical exclusion to:

     (a) Any action for which the facility plan is directed to the rehabilitation of existing facilities, replacement of equipment or the construction of a new ancillary facility adjacent or appurtenant to an existing facility and not affecting the degree of treatment or capacity of that facility. These actions include, without limitation:

          (1) Infiltration and inflow corrections;

          (2) Replacement of existing mechanical equipment or structures; and

          (3) Construction of small structures on existing sites.

     (b) Any action in a sewered community which is for minor upgrading or minor expansion of existing treatment works.

     (c) Any action in an unsewered community where on-site technologies are proposed.

     3. The Division shall refuse a categorical exclusion if:

     (a) The facilities to be provided create a new discharge or relocate an existing discharge to surface or groundwaters.

     (b) The facilities result in substantial increases in the volume of discharge or the loading of pollutants from an existing source or from new facilities to receiving waters.

     (c) The action is known or expected to have a significant effect on the quality of the human environment, whether individually, cumulatively over time or in conjunction with other federal, state, local or private actions.

     (d) The action is known or expected to affect directly or indirectly cultural resources, habitats of endangered or threatened species, environmentally important natural resource areas such as floodplains, wetlands, important farmlands, aquifer recharge zones or other resource areas.

     (e) The action is known or expected not to be cost-effective or to cause significant public controversy.

     4. The Division may request the Commission to exclude, by amendment to this section, any other category of projects for which there is sufficient evidence that a significant effect on the quality of the environment is unlikely.

     (Added to NAC by Environmental Comm’n, eff. 9-19-90)—(Substituted in revision for NAC 445.42112)