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Permits

• Permit to Operate a Disposal Site
  
• Hazardous Waste Management Permit
  
• Waste Tire Management Facility Permit
  

Registrations

• Registration with the Chemical Accident Prevention Program
  
• Waste Tire Hauler Registration

A. Permit to Operate Disposal Site

Authority: NAC 444.6405 through NAC 444.7499

When Required: Prior to the construction of any solid waste disposal site a permit must be obtained from the appropriate solid waste management authority.

Approximate Time to Obtain: 120 days, including a 45 day period for a completeness review and a public notice period.

Duration of Permit:

Issued for the life of the design of the disposal site. May be modified by the solid waste management authority if the statutes or regulations change or if a change is necessary to protect human health, safety and the environment. May also be modified upon request of owner/operator. Such modification would require public notice. May be revoked or suspended by solid waste management authority if terms of permit are not met. May be transferred if the solid waste management authority approves based on documentation of financial responsibility of new owner or operator.

Fees: None

Information Required:

Landfills are permitted as Class I, Class II or Class III, depending on the type and volume of material to be disposed. The bureau's application forms request specific information and supporting documents. The following must be included: the name, location and mailing address of the site, of the owner of the site, of the operator of the site, and of the authorized agent of the owner; proof of ownership of the site; design information; operation and maintenance plans consistent with the regulations; an environmental monitoring plan; closure/postclosure plans; financial assurance; and, for industrial waste landfills, a waste characterization plan.

Public Notice: Yes. Public review period of 30 days.

Reporting Required: Quarterly reports must be submitted to the division on the amount of solid waste received at the site.

Comments:

Applications for permits for disposal sites must be submitted 180 days prior to construction.

Permits and approvals from the solid waste management authority are primarily for disposal, processing and treatment. Other aspects of solid waste handling (collection, storage and transportation) are generally addressed through local ordinances.

Incinerators and waste composting facilities dealing with municipal waste are considered disposal sites.

Special wastes such as sewage sludge, septic tank pumping, medical waste, waste tires and waste oils may be disposed of with the approval of the solid waste management authority.

Transfer stations and salvage yards as well as some incinerators and some composting facilities do not need a permit, but appropriate information must be submitted so that activity may get required approval from the solid waste management authority before it is begun.

No fees or expiration dates apply for approvals.

Periodic inspections by the solid waste management authority or its representative are conducted.

Landfills must address: detecting and preventing the disposal of regulated hazardous waste and PCB waste and controlling explosive gas.

B. Hazardous Waste Management Permit

Authority: NAC 444.842 through 444.8746

When Required: Prior to undertaking any activity constituting treatment, storage and/or disposal of hazardous waste, a facility must obtain a hazardous waste management permit from the Bureau of Waste Management.

Approximate Time to Obtain: The time to obtain this permit depends on the completeness of the application and the complexity of the facility. Permits take a minimum of six months to issue and may take two years or more.

Duration of Permit: 5 years from the date of issue.

Fees:

Fees are levied: for application for a written designation; for permit application review and processing; and for a modification, termination or re issuance of an existing permit. Annual service fees also apply as do additional fees to offset the costs of inspection and other regulations. See fee schedule.

Information Required:

Prior to application for the permit, application must be made for a certificate of designation. If the application for a certificate of designation is approved, the business is authorized to submit a permit application. The permit application is federal in origin (named a RCRA permit application). The application is divided into Part A (specified in 40 CFR Section 270.13) which requests basic business and general facility information and Part B (delineated by 40 CFR Section 270.14 through 40 CFR 270.26) which requests detailed facility and process information. A copy of the Part A Application is available from the bureau. There is no specific form for the part B application.

Public Notice: Required

Reporting Required: At least once every two years, but possibly more frequently depending on the discretion of the bureau.

Comments:

40 CFR Sections 264 and 265 were adopted by NAC 444.8632 to regulate treatment, storage and disposal facilities under a RCRA permit.

Proposed facilities must meet the applicable location standards as delineated in NAC 444.8456 and obtain a certificate of designation from division administration before submission of the application.

Approval from the local governmental unit is necessary: a special use permit may be necessary. All other necessary permits must be obtained, e.g., those for air emissions.

The bureau evaluates the application for completeness and then reviews it from a technical prospective. When all requirements are same to the satisfaction of the bureau, a permit is drafted and a copy sent to both the applicant and to EPA. After public notice, the draft is revised, if necessary, to incorporate all appropriate comments from the applicant, EPA and the public. The permit is then issued.

The division is authorized to inspect, with or without notification, any operation to ensure that the conditions of the permit are met.

B. Waste Tire Management Facility Permit

Authority: NAC 444A.200- 444A.470

When Required: Prior to a facility's accepting waste tires for processing, recycling or use as a fuel

Approximate Time to Obtain: 6 months. Application for renewal must be submitted at least 120 days before the valid permit expires.

Duration of Permit: 5 years

Fees: Not applicable

Information Required:

A bureau-prescribed application must be completed and submitted to the division. Information requested includes basic facility details and: a plan of operation, a facility plan, an estimate of the number of passenger tire equivalents the facility will receive each year, a description of the final use for the tires, proof of compliance with any applicable ordinances, proof of compliance with any applicable requirements of the local fire authority; and a copy of a plan to demonstrate financial assurance.

Public Notice: Required

Reporting Required: Reporting required annually, not later than March 1 of each year. Report must be submitted on a bureau-generated form.

Comments:

Records (including copies of manifests, the names and registration numbers of haulers of waste tires who transport to and from the facility, the origin of each shipment and a copy of the plan for financial assurance) must be kept at the facility for inspection by the solid waste management authority during business hours.

The solid waste management authority shall inspect the facility after it receives notification that closure has been completed.

Closure of a waste tire management facility must follow bureau-approved procedures.

A. Registration with the Chemical Accident Prevention Program

Authority: NAC 459.952-459.9542

When Required: All facilities in Nevada that produce, use, handle or store designated quantities of highly hazardous substances must be registered by July 1, 1998, within 90 days after a substances is added to the list of highly hazardous substances or within 10 days after a listed substance is newly introduced into a facility.

Approximate Time to Obtain: Registration is effective upon receipt by the division of the registration materials.

Duration of Registration: 1 year

Fees:

There is no registration fee, but an annual facility fee applies. The annual fee, due July 31 of each year, consists of a $3,100 base fee per site and a hazardous unit fee of $10.50 per unit. A unit of highly hazardous substance is equal to the total quantity of highly hazardous substance on site divided by the threshold quantity for the substance identified in NRS 459.3816.

Information Required:

The division has a standard form for registration. The information required includes: basic facility information; a list of the highly hazardous substances produced, used, stored or handled and the quantity of each; a description of processes and equipment; a description of the area where the facility is located; the extent to which hazards have been identified, evaluated and abated; and the names of all insurance carriers. The facility must prepare and submit to the division in accordance with a division- generated schedule an Assessment of Risk Through the Analysis of Hazards (ARTAH). The ARTAH must identify hazards and present a mitigation plan and schedule to reduce the severity or likelihood of an accident.

Public Notice: Not for the registration; however, the ARTAH is subject to public notice and any modification to the proposed plan to abate hazards is subject to public notice.

Reporting Required:

An annual registration with the division is required by July 1 of each year to provide an inventory of highly hazardous substances and other pertinent facility information. A draft ARTAH must be submitted to the division 120 days before the final version is due. The schedule for submission of the ARTAH will be generated by the division. Once the ARTAH has been submitted, an annual report of compliance with the mitigation plan in the ARTAH must be submitted. The due date will depend on the date of the division's approval of the final version of the ARTAH. Once the ARTAH is approved, it must be reviewed every 5 years by the facility and the division. A triennial report on safety is required of the facility to identify the likelihood and possible magnitude of a potential accident resulting from hazards present at the facility.

Comments:

The qualifications of the assessment team conducting the ARTAH must be approved by the division to ensure that the team has a member familiar with a hazard analysis technique and that the team members collectively have a broad range of experience.

An annual inspection is conducted by the division.

Water treatment plants, chemical production and supply companies and military bases are among the facilities registered.

All forms, e.g., those for registration, reports of safety, assessment of risk, must contain certification.

Administrative penalties may be assessed for failure to comply with the laws and regulations.

Exemptions to this program have been granted to some activities, including agricultural uses of anhydrous ammonia and the transportation of highly hazardous substances regulated by the U.S. Department of Transportation. Other exemptions may be obtained from the state environmental commission.

The division does have statutory deadlines; e.g., 30 days to approve or reject persons designated to perform assessment; 60 days to establish a schedule for assessment of risk through the analysis of hazards (ARTAH); 30 days from the public hearings to issue a written decision.

B. Waste Tire Hauler Registration

Authority: NAC 444A.200- 444A.270 and NAC 444/a.440- 444A.470

When Required: 14 days before beginning the hauling of waste tires

Approximate Time to Obtain: 1 week

Duration of Registration: 5 years

Fees: None

Information Required:

A bureau-generated application form must be completed. Requested information includes the license number and the name of the registered owner of the transporting vehicle.

Public Notice: Not required

Reporting Required:

Semi-annual reports must be submitted to the division which include specific required information, including the registration number of the hauler, the type and quantity of waste tires collected and the destination of those tires as well as the names of the generators of the waste tires (or the premises from which the tires were collected).

Comments:

A registration number is obtained from the solid waste management authority.

The registration number must be displayed on the vehicle used to transport waste tires or material derived from waste tires.

Registrations issued by one solid waste authority must be recognized by any other such authority.

All other applicable requirements adopted by a local government must be met. The hauler must manifest all waste tires and follow appropriate manifesting procedures.

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