NAC445A.9624. Request for letter of approval to construct or application for permit to operate system: Denial by Division or other administrative authority.

     1. Except as otherwise provided in this section, a request for a letter of approval to construct or an application for a permit to operate an on-site sewage disposal system submitted to the Division or other administrative authority must be denied if:

     (a) The Division or other administrative authority determines that the proposed system will not comply with NAC 445A.950 to 445A.9706, inclusive;

     (b) The proposed system is located within an area which is currently part of a plan prepared pursuant to section 208 of the Clean Water Act of 1977, 33 U.S.C. § 1288, prohibiting the use of on-site sewage disposal systems;

     (c) The proposed system is located within an area for which the Division has issued a moratorium on on-site sewage disposal systems; or

     (d) A public or community sewerage system, which includes in its jurisdiction the property where the proposed on-site sewage disposal system is located, is available, except that a letter of approval or permit may be granted by the Division or other administrative agency if the public or community sewerage system approves, in writing, the construction or operation of the proposed on-site sewage disposal system.

     2. A denial by the Division or other administrative authority of a request for a letter of approval or a permit for an on-site sewage disposal system must be in writing and must specify the reasons for the denial.

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