Nev. Admin. Code § 444.679 - Location restrictions: Wetlands

Current through August 4, 2021

1. A new municipal solid waste landfill unit or a lateral expansion may not be located in wetlands unless the owner or operator satisfactorily demonstrates to the solid waste management authority and the Administrator that:
(a) The presumption, if applicable pursuant to section 404 of the federal Clean Water Act of 1977, 33 U.S.C. § 1344, as that section existed on November 8, 1993, that a practicable alternative to the proposed unit or lateral expansion is available which does not involve wetland is clearly rebutted.
(b) The construction and operation of the municipal solid waste landfill unit or lateral expansion will not:
(1) Cause or contribute to violations of any applicable state water quality standard set forth in NAC 445A.450 to 445A.492, inclusive;
(2) Violate any applicable toxic effluent standard or prohibition set forth in section 307 of the federal Clean Water Act of 1977, 33 U.S.C. § 1317, as that section existed on November 8, 1993;
(3) Jeopardize the continued existence of endangered or threatened species, or result in the destruction or adverse modification of a critical habitat, protected by the federal Endangered Species Act of 1973, 16 U.S.C. §§ 1531 et seq., as that act existed on November 8, 1993; and
(4) Violate any requirement set forth in the Marine Protection, Research and Sanctuaries Act of 1972, 33 U.S.C. §§ 1401 et seq., for the protection of a marine sanctuary, as that act existed on November 8, 1993.
(c) The site will not cause or contribute to any significant degradation of the wetlands. The owner or operator shall demonstrate the integrity of the municipal solid waste landfill unit or lateral expansion and its ability to protect ecological resources by showing:
(1) The potential erosion, stability and migration of the soils, muds and deposits of the wetlands that are used to support the site;
(2) The potential erosion, stability and migration of dredged and fill materials used to support the site;
(3) The volume and chemical composition of the waste managed at the site;
(4) The potential impact on fish, wildlife and other aquatic resources and their habitat;
(5) The potential effects of a catastrophic release of waste to the wetlands and the resulting impacts on the environment; and
(6) Any additional factors required by the solid waste management authority to show that the ecological resources in the wetlands are protected.
(d) To the extent required by section 404 of the Clean Water Act, 33 U.S.C. § 1344, as that section existed on November 8, 1993, or any applicable state laws, actions have been taken to attempt to achieve no net loss of wetlands, as defined by acreage and function, by first avoiding impacts to wetlands to the maximum extent practicable as required by paragraph (a), then minimizing the unavoidable impacts to the maximum extent practicable, and then offsetting the remaining unavoidable impacts on the wetlands through all appropriate and practicable mitigation actions such as restoration of existing degraded wetlands or the creation of an artificially created wetland.
(e) Sufficient information is available to make a reasonable determination with respect to these demonstrations.
2. As used in this section, "wetlands" means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and which under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soils, including swamps, marshes, bogs and other similar areas.

Notes

Nev. Admin. Code § 444.679
Added to NAC by Environmental Comm'n, eff. 11-8-93

NRS 444.560

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