NAC459.9949. Underground storage tanks: Exemption from requirements to implement secondary containment system or install under-dispenser container.

     1. An owner or operator is not required to implement a secondary containment system pursuant to NAC 459.9945 and 459.9946 or to install an under-dispenser container pursuant to NAC 459.9948 if the owner or operator submits to the Division a study approved by the Division which demonstrates that the newly installed or replaced portions of an underground storage tank or motor fuel dispenser is not within 1,000 feet of a public water system or a well containing potable water.

     2. The distance required pursuant to subsection 1 must be measured from the closest part of the new or replaced underground storage tank or new motor fuel dispenser to the closest part of the nearest public water system or the wellhead of the nearest well containing potable water.

     3. As used in this section:

     (a) “Public water system” has the meaning ascribed to it in NRS 445A.235.

     (b) “Well containing potable water” means any hole that is dug, driven, drilled or bored that extends into the earth until it meets groundwater which:

          (1) Supplies water for a noncommunity public water system; or

          (2) Otherwise supplies water for household use, including, without limitation, drinking, bathing and cooking.

     (Added to NAC by Environmental Comm’n by R005-08, eff. 4-17-2008)