NAC445B.315. Contents of operating permits: Exception for operating permits to construct; required conditions.

     1. Notwithstanding any provision of this section to the contrary, the provisions of this section do not apply to operating permits to construct.

     2. The Director shall cite the legal authority for each condition contained in an operating permit.

     3. An operating permit must contain the following conditions:

     (a) The term of the operating permit is 5 years.

     (b) The holder of the operating permit shall retain records of all required monitoring data and supporting information for 5 years after the date of the sample collection, measurement, report or analysis. Supporting information includes all records regarding calibration and maintenance of the monitoring equipment and all original strip-chart recordings for continuous monitoring instrumentation.

     (c) Each of the conditions and requirements of the operating permit is severable, and if any are held invalid, the remaining conditions and requirements continue in effect.

     (d) The holder of the operating permit shall comply with all conditions of the operating permit. Any noncompliance constitutes a violation and is a ground for:

          (1) An action for noncompliance;

          (2) Revising, revoking, reopening and revising, or terminating the operating permit by the Director; or

          (3) Denial of an application for a renewal of the operating permit by the Director.

     (e) The need to halt or reduce activity to maintain compliance with the conditions of the operating permit is not a defense to noncompliance with any condition of the operating permit.

     (f) The Director may revise, revoke and reissue, reopen and revise, or terminate the operating permit for cause.

     (g) The operating permit does not convey any property rights or any exclusive privilege.

     (h) The holder of the operating permit shall provide the Director, in writing and within a reasonable time, with any information that the Director requests to determine whether cause exists for revising, revoking and reissuing, reopening and revising, or terminating the operating permit, or to determine compliance with the conditions of the operating permit.

     (i) The holder of the operating permit shall pay fees to the Director in accordance with the provisions set forth in NAC 445B.327 and 445B.331.

     (j) The holder of the operating permit shall allow the Director or any authorized representative, upon presentation of credentials, to:

          (1) Enter upon the premises of the holder of the operating permit where:

               (I) The stationary source is located;

               (II) Activity related to emissions is conducted; or

               (III) Records are kept pursuant to the conditions of the operating permit;

          (2) Have access to and copy, during normal business hours, any records that are kept pursuant to the conditions of the operating permit;

          (3) Inspect, at reasonable times, any facilities, practices, operations or equipment, including any equipment for monitoring or controlling air pollution, that are regulated or required pursuant to the operating permit; and

          (4) Sample or monitor, at reasonable times, substances or parameters to determine compliance with the conditions of the operating permit or applicable requirements.

     (k) A responsible official of the stationary source shall certify that, based on information and belief formed after a reasonable inquiry, the statements made in any document required to be submitted by any condition of the operating permit are true, accurate and complete.

     (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96; A 10-30-95, eff. 1-11-96; R105-97, 3-5-98; R103-02, 12-17-2002; R189-05, 5-4-2006)