Nev. Admin. Code § 445A.750 - Partitioning of environmental review for components of project

Current through March 28, 2022

1. Under certain circumstances, the building of a portion of a wastewater treatment works may be justified in advance of completing all requirements of the National Environmental Policy Act of 1969, 42 U.S.C. §§ 4321 et seq., for the remainder of the treatment works. If there are overriding considerations of cost or impaired program effectiveness, the Division may award financial assistance for a discrete component of a complete wastewater treatment works.
2. The process of partitioning the environmental review for a discrete component must comply with the criteria and procedures described in subsection 3. In addition, all reasonable alternatives for the overall wastewater treatment works of which the component is a part must have been previously identified, and each part of the environmental review for the remainder of the overall facility plan must comply with all the requirements of NAC 445A.685 to 445A.805, inclusive.
3. To satisfy the criteria for partitioning, a component of a project must:
(a) Immediately remedy a public health, water quality or other environmental problem;
(b) Not foreclose any reasonable alternatives identified for the overall wastewater treatment works;
(c) Not cause significant adverse direct or indirect environmental impacts, including those which cannot be acceptably mitigated without completing the entire wastewater treatment system of which the component is a part; and
(d) Not be highly controversial.
4. A request for partitioning must contain:
(a) A description of the discrete component proposed for construction before completing the environmental review of the entire facility plan;
(b) A description of the manner in which the component meets the criteria described in subsection 3;
(c) The environmental information required by NAC 445A.685 to 445A.805, inclusive; and
(d) Any preliminary information that may be important in an environmental impact statement determination for the entire facility plan.
5. The Division shall:
(a) Review the request for partitioning to determine whether it complies with the requirements of this section; and
(b) If partitioning is appropriate, prepare and issue a finding of no significant impact for the component proposed for construction.

Notes

Nev. Admin. Code § 445A.750
Added to NAC by Environmental Comm'n, eff. 9-19-90-Substituted in revision for NAC 445.42118

NRS 445A.135, 445A.160

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