Nev. Admin. Code § 445B.326 - Operating permits: Assertion of emergency as affirmative defense to action for noncompliance

Current through October 13, 2021

1. A holder of an operating permit may assert an affirmative defense to an action brought for noncompliance with a technology-based emission limitation contained in the operating permit if the holder of the operating permit demonstrates through signed, contemporaneous operating logs or other relevant evidence, that:
(a) An emergency occurred and the holder of the operating permit can identify the cause of the emergency;
(b) The facility was being properly operated at the time of the emergency;
(c) During the emergency, the holder of the operating permit took all reasonable steps to minimize excess emissions; and
(d) The holder of the operating permit submitted notice of the emergency to the Director within 2 working days after the emergency. The notice must contain a description of the emergency, any steps taken to mitigate emissions, and any corrective actions taken to restore the normal operation of the facility.
2. In any action for noncompliance, the holder of an operating permit who asserts the affirmative defense of an emergency has the burden of proof.


Nev. Admin. Code § 445B.326
Added to NAC by Environmental Comm'n, 12-13-93, eff. 1-11-96; A 10-30-95, eff. 1-11-96-Substituted in revision for NAC 445.7133

NRS 445B.210, 445B.300

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