Current through December 12, 2024
Section 444.786 - Permits: Denials; procedure for review of actions taken by health authority; appeals; validity and extension1. Except as otherwise provided in this subsection, an application for a permit for an individual sewage disposal system submitted to the health authority must be denied in writing and the reasons specified therefor if: (a) The health authority determines that the proposed installation will not comply with NAC 444.750 to 444.8396, inclusive;(b) A community sewerage system is available and passes through or is in physical contact with the property line or is located adjacent to the property in a street or right-of-way that abuts the property line; or(c) The proposed individual sewage disposal system is within the service area of a sewer company which provides sewage services that are subject to the jurisdiction of the Public Utilities Commission of Nevada or any local governmental entity, including, without limitation, a general improvement district, that has jurisdiction over the sewer services in that geographical area. A permit may be granted by the health authority if the sewer company approves in writing the construction of the individual sewage disposal system within its service area or jurisdiction.2. A person who has reason to believe that an action taken by the health authority pursuant to NAC 444.750 to 444.8396, inclusive, is incorrect or based on inadequate knowledge may, within 10 business days after receiving notice of the action, request an informal discussion with the employee responsible for the action and the immediate supervisor of the employee.3. If the informal discussion does not resolve the problem, the aggrieved person may, within 10 business days after the date scheduled for the informal discussion, submit a written request to the Bureau for an informal conference. The informal conference must be scheduled for a date, place and time mutually agreed upon by the aggrieved person and the Bureau, except that the informal conference must be held no later than 60 days after the date on which the Bureau received the written request.4. Except as otherwise provided in subsection 5, the determination of the Bureau resulting from the informal conference cannot be appealed and is the final remedy available to the aggrieved person.5. An applicant for or holder of a permit issued pursuant to NAC 444.750 to 444.8396, inclusive, who is aggrieved by an action of the health authority relating to the denial of an application for, or the suspension or revocation of, such a permit may appeal that action in accordance with NAC 439.300 to 439.395, inclusive, after exhausting the informal procedures set forth in this section, except that the Bureau may waive the informal procedures, or any portion thereof, by giving written notice to the aggrieved person.6. A permit is void 12 months after the date of issuance if the proposed construction, alteration or extension of the individual sewage disposal system is not completed within that period. Upon the request of the holder of the permit, an extension of the permit may be granted in increments of 1 year if the appropriate fees are paid and the proposed plans meet the requirements of NAC 444.750 to 444.8396, inclusive.7. As used in this section, "Bureau" means the Bureau of Health Protection Services of the Health Division or its successor.Nev. Admin. Code § 444.786
Bd. of Health, Indiv. Sewage Disposal Systems Reg. §§ 4.3-4.5, eff. 11-23-72-NAC A 10-30-97; R129-98, 3-25-99; R100-07, 10-31-2007