NAC445A.8491. Motor vehicle waste disposal wells: Requirements for well in operation or under construction on or before April 5, 2000.

     1. The owner of an existing motor vehicle waste disposal well that was in operation or under construction on or before April 5, 2000, shall close the well, obtain a permit to operate the well or convert the well in accordance with NAC 445A.8493 to 445A.8499, inclusive.

     2. Not later than 90 days after October 25, 2001, the owner of the well shall submit to the Director information concerning the location and operating status of the well, and such additional information concerning the well as requested by the Director.

     3. Based on the information provided by the owner of the well, the Director shall determine whether the well is located within a groundwater protection area and notify the owner of that determination.

     4. If the Director determines that the well is not located within a groundwater protection area, the Director shall make a preliminary determination, based on data provided by the Division, whether the well is located within another sensitive groundwater area and notify the owner of that determination. If the Director makes a preliminary determination that a well is located within another sensitive groundwater area, the owner of the well shall close the well, obtain a permit to operate the well or convert the well in accordance with NAC 445A.8493 to 445A.8499, inclusive.

     5. If, by January 1, 2004, or, if an extension has been approved by the Environmental Protection Agency, by January 1, 2005, the local source water assessment has not been completed and the plan for the determination of other sensitive groundwater areas has not been carried out for the area in which the motor vehicle waste disposal well is located, the motor vehicle waste disposal well shall be deemed to be located within a groundwater protection area and must be permitted, closed or converted accordingly.

     6. If the Director determines that the well is not located within a groundwater protection area or other sensitive groundwater area, and if the well is not deemed to be located within a groundwater protection area pursuant to subsection 5, the owner shall close the well, obtain a permit to operate the well or convert the well in accordance with its classification pursuant to NAC 445A.810 to 445A.925.

     (Added to NAC by Environmental Comm’n by R042-01, eff. 10-25-2001; A by R103-04, 2-11-2005)