NAC445A.9616. Information that demonstrates any new innovative technologies, materials or designs for system or component of system that achieves equal or greater performance than system that meets general requirements.

     1. The design engineer may provide to the Division or other administrative authority any information that demonstrates any new or innovative technologies, materials or designs for a proposed on-site sewage disposal system or a proposed component of such a system that achieves equal or greater performance than a system that meets the requirements of NAC 445A.950 to 445A.9706, inclusive. The Division or other administrative authority may require independent verification of any proposed new innovative technologies, materials or designs.

     2. The Division or other administrative authority may approve the use of any technology, material or design specified in subsection 1 if the Division or other administrative authority determines that the proposed system or component will protect the public health and safety and the waters of the State as effectively as systems or components authorized in NAC 445A.950 to 445A.9706, inclusive.

     3. The Division or other administrative authority shall deny a request for approval of any new or innovative technologies, materials or designs for a proposed on-site sewage disposal system or a proposed component of such a system:

     (a) If the proposed system or component:

          (1) Fails to achieve equal or better performance than specific systems or components authorized in NAC 445A.950 to 445A.9706, inclusive;

          (2) Fails to address site or system conditions as satisfactorily as or more satisfactorily than specific systems or components authorized in NAC 445A.950 to 445A.9706, inclusive;

          (3) Is insufficiently justified based upon the information provided by the design engineer; or

          (4) Requires excessive review time, research or specialized expertise by the Division or other administrative authority to act on the request; or

     (b) For any other cause specified by the Division or other administrative authority.

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