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Bureau of Waste Managment Streamlined Permitting Process — Class III Disposal Permit for Renewable Energy Resources - Geothermal, Solar, Wind, Biomass, and Hydro

A Class III industrial solid waste disposal permit may be required for a renewable energy resource facility if the facility generates a non-hazardous industrial waste and chooses to dispose of the waste at the facility. Construction waste may also be placed in an appropriately permitted Class III disposal facility. In general, a Permit must be obtained from the solid waste management authority prior to construction of any industrial solid waste disposal facility in Nevada.

Where to apply for a Class III Disposal Permit
To obtain a Class III industrial disposal permit, in all areas of the state except Clark and Washoe County, a complete permit application must be submitted to the Nevada Division of Environmental Protection (NDEP) Bureau of Waste Management for approval. In Clark and Washoe Counties, the permit application (County specific) will need to be submitted to the respective Health District (Southern Nevada Health District, Washoe County District Health Department).

Class III permit applications submitted to NDEP must include:
  1. Design report;
  2. Environmental monitoring plan;
  3. Operational plan;
  4. Closure/postclosure plans; and
  5. Waste characterization plan.

Class III Industrial Solid Waste Disposal Site Permit Application
Regulatory Timeline for Processing Application
Applications for disposal permits must be submitted at least 180 days prior to the anticipated start of construction. A completeness review will be conducted within 45 days of submittal. Once the application is deemed complete, a technical review of the application will be conducted to evaluate the merits of the application to determine if the application is in compliance with all applicable statutes and regulations.

Upon completion of the evaluation, a notice of intent to issue or deny the issuance of the permit will be drafted for noticing in the local paper, the NDEP Solid Waste Electronic Email List, and on the NDEP public notice web page to solicit comments from the public. The public review and comment period for all solid waste permits is 30 days. A public hearing may be requested. Within 30 days after the end of the public notice and comment period a permit to operate a disposal site will be issued or denied. Currently, there are no fees for solid waste permits.

Streamline the Time to Obtain a Class III Permit for Renewable Energy Resources
An applicant can streamline the permit process with thorough project planning and submittal of a complete and comprehensive application describing a sound facility design. The timeline graphic above represents the regulatory time frame (180 days), but with a complete and comprehensive application detailing a well designed facility, and provided there are no unforseen delays, the time to obtain a Class III industrial waste disposal permit can be as little as sixty-five (65) days. It is also beneficial to arrange a pre-application meeting with Bureau of Waste Management staff to discuss the project.

Governing Regulations & Statutes
Nevada Revised Statutes 444.440 through 444.620 provides the legislative authority to develop and implement a regulatory program for management of solid waste. The State Environmental Commission has the authority to adopt regulations pursuant to these statutes.

Nevada Administrative Code 444.570 through 444.7499 defines regulatory standards for solid waste management. Solid waste regulations are enforced and implemented by the solid waste management authority. There are three Solid Waste Management Authorities in Nevada, each of which administers State solid waste management regulations, including permitting and enforcement, in their areas of jurisdiction:

  • Southern Nevada Health District
  • Washoe County District Health Department and,
  • Nevada Division of Environmental Protection (NDEP), Bureau of Waste Management.

The NDEP has direct jurisdiction over all counties outside of Clark and Washoe and also has limited responsibilities to oversee the Health Districts' solid waste programs.

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