Nevada Waste Disposal Permit (18-NV-c)
The Bureau of Waste Management (BWM) has a streamlined permitting process for Class III, industrial solid waste disposal, for renewable energy sources (including solar and geothermal). Developers should discuss the streamlined process with BWM as early as possible to take advantage of the streamlined process for renewable energy facilities. See Streamlined Permitting Process for Renewable Energy Resources in Nevada. A Class III industrial solid waste disposal permit may be required for a renewable energy resource facility if the facility generates non-hazardous industrial waste and chooses to dispose of the waste at the facility. See NAC 444.6405; NAC 444.631; Streamlined Permitting Process for Renewable Energy Resources in Nevada. Construction waste may also be placed in an appropriately permitted Class III disposal facility. In general, a Class III Permit must be obtained from the BWM prior to construction of any industrial solid waste disposal facility in Nevada. See NAC 444.6405; Streamlined Permitting Process for Renewable Energy Resources in Nevada.
Waste Disposal Permit Process
18-NV-c.1 to 18-NV-c.2 - Is the Facility Located in Washoe or Clark County
To obtain a Class III industrial disposal permit, in all areas of the state except Clark and Washoe County, the developer should submit a complete permit application to the NDEP, Bureau of Waste Management (BWM) for approval. See NAC 444.733. In Clark and Washoe Counties, the permit application (which is county specific) will need to be submitted to each respective Health District.
18-NV-c.3 – Pre-Application Meeting (Optional)
NDEP recommends that an applicant arrange a pre-application meeting with the Bureau of Waste Management (BWM) and use the meeting to present the project and obtain the necessary information to submit a complete and comprehensive application. See Streamlined Permitting Process for Renewable Energy Resources in Nevada.
18-NV-c.4 to 18-NV-c.5 - Can the Developer File a Waiver of the Class III Requirements
NDEP Solid Waste regulations in NAC 444.733 to 444.747 provide the minimum standards for a Class III industrial waste disposal facility. NAC 444.731 provides for the possibility of a reduction or waiver of requirements. The regulations provide, in relevant part:
- 2. A [NDEP] may adopt less restrictive standards for a Class III site which receives waste material which is inert or unlikely to create an environmental hazard or threaten the health or general public.
- 3. A solid waste management authority may waive the requirements for a Class III site if the owner or operator of that site demonstrates that:
- a. All waste which is placed in the landfill is incidental to his or her industrial operation;
- b. The landfill is located on property controlled by the operator of the industrial operation; and
- c. The landfill will not receive any hazardous materials and is unlikely to produce pollutants or contaminants that may degrade waters of the State.
A developer applying for a waiver must submit a plan to the solid waste management authority for approval including a description of the type and estimated amount of material which will be placed in the landfill and a program for maintenance of the site. See NAC 444.731
18-NV-c.6 to 18-NV-c.8 - Does Facility Meet Requirements of NAC 444.731
The NDEP may issue a Modified Solid Waste Disposal Permit if the facility meets the requirements of NAC 444.731 et seq., if the Class III Waiver Application is submitted properly to the agency, and the agency approves the application. The application for a waiver must include a scaled site map, a description of the type and amount of waste, and a plan for regular maintenance of the site. All new Class III landfill sites that meet the waiver eligibility criteria above must submit a waiver application prior to starting operation. A waiver does not exempt a site from regulation, and is not a formal Class III landfill permit. Nor does the waiver does relieve the developer of any reporting requirements or the requirement that the developer have a valid permit. Instead, it allows the issuance of a modified permit with lower threshold requirements based on the type of disposal activity being conducted. In other words, if the site complies with the conditions listed above, most Class III regulatory requirements are waived, but a permit must still be obtained. Waivers will be granted for the life of the site, not for each landfill cell or trench. Compliance with the conditions of the waiver will be enforced. If the developer does not receive a waiver from the NDEP, the developer may still submit a Class III permit application.
18-NV-c.9 – Industrial Solid Waste Disposal Site Permit Application
Developers must submit Class III permit applications to NDEP at least 180 days prior to the anticipated start of construction. The application must include the following:
- The name, location and mailing address of the:
- Owner of the site;
- Operator of the site; and
- Authorized agent of the owner;
- Proof of ownership of the land on which the site will be located;
- The plan to characterize solid waste required by NAC 444.737;
- The report required by NAC 444.739;
- The plan for monitoring water required by NAC 444.741;
- The plan for operating the site required by NAC 444.684;
- The plan for closing the site which complies with NAC 444.6895;
- The plan for postclosure of the site which complies with NAC 444.6896;
- Documentation of financial assurance which complies with NAC 444.685;
See NAC 444.733. A copy of the application form can be found here: Industrial Solid Waste Disposal Site Permit Application Form. Currently, there are no fees for solid waste permits. A developer should consult the NDEP Regulations in NAC Chapter 444 for more detailed information on the Class III permit application.
18-NV-c.10 to 18-NV-c.11 – Conduct Completeness Review
NDEP conduct a completeness review within 45 days of submittal of receiving the waste disposal application. Once the application is deemed complete, NDEP conducts a technical review of the application to determine if the application is in compliance with all applicable statutes and regulations. See NAC 444.641.
18-NV-c.12 to 18-NV-c.14 – Publish Notice of Intent to Issue/Deny Permit
Upon completion of the technical evaluation, NDEP will draft a notice of intent to issue or deny the permit and publish the notice of intent in the local paper, the NDEP Solid Waste Electronic Email List, and on the public notice web page. Public comments on the application are solicited for 30 days and are reviewed by the agency. See NAC 444.641(3). NDEP must then issue a statement containing responses to written comments. See NAC 444.6419.
18-NV-c.15 to 18-NV-c.16 – Has a Public Hearing Been Requested
A public hearing may be requested by any person. See NAC 444.6415(1). NDEP may schedule a hearing on its initiative or pursuant to a request from an interested party. If a hearing is scheduled, NDEP must publish a notice of the hearing at least 30 days prior to the date of that hearing. See NAC 444.6415(2).
18-NV-c.17 to 18-NV-c.18 – Industrial Solid Waste Disposal Site Permit
NDEP must issue the permit or deny the application within 30 days after the end of the period for public review. If the application is denied, NDEP must send a written notice to the applicant that details the reasons for the denial. NDEP may modify or place conditions on the permit based on public comments. See NAC 444.6425.
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