NAC445A.9606. Order limiting or prohibiting construction authorized in certain circumstances; designation of nitrogen management areas by Division.

     1. Whenever the Division or other administrative authority determines that the construction of an on-site sewage disposal system should be limited or prohibited in a specific area for reasons including, without limitation, high groundwater, shallow bedrock, extreme slope, or designation as a nitrogen management area or a nitrogen restricted area, the Division or other administrative authority shall issue an order limiting or prohibiting that construction. In addition, the Division or other administrative authority shall not permit the construction or operation of an on-site sewage disposal system where an area-wide management plan, prepared pursuant to section 208 of the Clean Water Act, 33 U.S.C. § 1288, prohibits such a system.

     2. The Division is responsible for the designating of nitrogen management areas. New or altered nitrogen management area boundaries will be delineated only after the Division and the appropriate local government have met and concurred on the boundary description.

     3. If the Division designates an area as a nitrogen management area:

     (a) Standard septic tank and absorption area systems will not be permitted by the Division, and any new construction of an on-site sewage disposal system will require installation of a nitrogen removal treatment system; and

     (b) The Division shall notify the appropriate local governing agency in writing of the designation of the nitrogen management area, the consequences of such a designation, the impact such a designation will have on future subdivision approval and the fact that continued elevation of the level of nitrates in groundwater in the area may result in a designation as a nitrogen restricted area.

     4. Before the Division may designate an area as a nitrogen restricted area, the Division shall conduct a public hearing, for which 30 days’ notice must be given to interested parties in the affected area.

     5. If the Division designates an area as a nitrogen restricted area:

     (a) The Division shall issue an order prohibiting on-site sewage disposal systems pursuant to subsection 1; and

     (b) The Division shall not approve a subdivision in the nitrogen restricted area, pursuant to NAC 278.420, if the proposed method of sewage disposal is either an on-site sewage disposal system or an individual sewage disposal system as defined in NAC 444.764.

     (Added to NAC by Environmental Comm’n by R194-07, eff. 8-26-2008)