NAC445A.8497. Motor vehicle waste disposal wells: Conditions for granting exemption to owner of well determined to be located in other sensitive groundwater area.

     1. The owner of an existing motor vehicle waste disposal well determined to be located in another sensitive groundwater area may request an exemption from the provisions of NAC 445A.8491 to 445A.8499, inclusive. The Director may grant an exemption if the applicant demonstrates that the motor vehicle waste disposal well is not located in another sensitive groundwater area based on the injection activities of the well, in correlation with the geological and hydrogeological conditions of the site of the well.

     2. In determining whether to grant an exemption, the Director shall consider, without limitation:

     (a) The specific characteristics of the site of the well, including, without limitation, the:

          (1) Depth to the level of groundwater;

          (2) Characteristics of the vadose zone;

          (3) Proximity of the well to drinking water wells; and

          (4) Existing water quality for the site;

     (b) Whether the proposed injection fluids will degrade the waters of this State, based on site-specific information provided by the owner of the well, the expected chemical composition of the injectate and the expected volume and frequency of injection; and

     (c) Such other information as the Director determines necessary.

     (Added to NAC by Environmental Comm’n by R042-01, eff. 10-25-2001)