Section 445A.Sec. 14 - NEWIf a surface water or segment thereof is designated by the Commission, pursuant to section 2, as having a tier 3 level of antidegradation protection, the Department:
1. Shall: (a) Maintain and protect the baseline water quality or any requirement to maintain existing higher water quality;(b) Except as otherwise provided in subsection 5 of section 18, prohibit:(1) Any new or expanded point source discharge into the designated water;(2) Any new or expanded point source discharge that occurs upstream of the designated water if the Department determines that the discharge will degrade the baseline water quality or any requirement to maintain existing higher water quality or have a detrimental impact on the designated water; and(3) Any new or expanded zone of mixing within the designated water; and2. Shall not: (a) Prohibit a point source discharge that was authorized by the Department before the surface water or segment thereof was designated as having a tier 3 level of antidegradation protection if the request to renew or modify the permit to discharge will not result in an expanded point source discharge or alter a zone of mixing associated with the point source discharge;(b) Deny an application for a storm water runoff permit or an application to modify or renew an existing storm water runoff permit if the Department determines that the applicant has demonstrated that the baseline water quality or any requirement to maintain the existing higher water quality will be maintained and protected; or(c) Prohibit an activity authorized by the Department to restore, maintain or improve the water quality of the designated water.Nev. Admin. Code § 445A.Sec. 14
Added to NAC by Environmental Comm'n by R113-22A, eff. 4/19/2024