NAC445A.962. Nature and duration of permit; when system deemed to have failed; prohibited activities.

     1. A permit issued by the Division or other administrative authority pursuant to NAC 445A.950 to 445A.9706, inclusive, authorizes the holder of the permit to operate an on-site sewage disposal system. Except as otherwise provided in NRS 445A.495, a permit is valid until:

     (a) The on-site sewage disposal system fails; or

     (b) A public or community sewerage system is installed to service the area.

     2. For the purposes of NAC 445A.950 to 445A.9706, inclusive, an on-site sewage disposal system shall be deemed to have failed if a condition or malfunction occurs in the system or in its operation that threatens the public health by inadequately treating sewage or by creating the potential for direct or indirect contact between sewage and the public, including, without limitation:

     (a) Sewage on the surface of the ground;

     (b) A backup of sewage into a structure;

     (c) The leaking of sewage from a septic tank or other treatment unit;

     (d) Contamination of groundwater or surface water by effluent; or

     (e) Failure of the operator of the system to comply with the requirements of the permit, including, without limitation, causing levels of nitrogen in groundwater to leave the system boundaries in excess of state or federal limits as defined in the permit.

     3. The owner or operator of an on-site sewage disposal system shall not:

     (a) Cause or contribute to a violation of a water quality standard.

     (b) Expand the system without approval from the Division or other administrative authority.

     (c) Treat flows that are not typical domestic sewage, including, without limitation, swimming pool and spa discharges or water softener backwash.

     (d) Treat flows from commercial operations that use hazardous substances or create hazardous waste.

     (e) Create any condition which causes any public health, safety or environmental nuisance.

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