NAC445A.803. Certification of performance of project; corrective action.

     1. The Division shall establish, in consultation with each recipient, the date that project operations are capable of being initiated for the purpose of establishing the procedure for certification of the performance of the project.

     2. Before any certification of performance for a project is submitted, the Division shall conduct an inspection of the project to ensure that its facilities are operating and capable of meeting discharge standards.

     3. After a project has been in operation for 1 year, the recipient shall submit a certification that the project meets or fails to meet performance standards. The project must comply with all applicable design specifications and, except for a nondischarging project, all applicable effluent requirements. Any nondischarging project must, where appropriate, meet requirements for the elimination of overflows and the reduction of infiltration or inflow. At the request of a recipient, the Division shall assist in developing applicable performance standards.

     4. If the project cannot be affirmatively certified, the recipient shall prepare a report of corrective action which includes an analysis of the cause of the failure of the project to meet performance standards and an estimate of the nature, scope and cost of necessary corrective action. The Division shall conduct follow-up inspections as necessary to determine whether the project meets performance standards. The cost of any corrective action is not eligible for financial assistance.

     5. As used in this section, “performance standards” means the criteria used to evaluate the compliance of a project with the requirements contained in design specifications and a discharge permit.

     (Added to NAC by Environmental Comm’n, eff. 9-19-90)—(Substituted in revision for NAC 445.42176)