Section 534.4353 - Monitoring wells: Responsibilities of owner; permits; affidavit of responsibility for plugging1. The owner of a monitoring well shall ensure that the well: (a) Is constructed in accordance with the provisions of this chapter or a waiver and does not allow contamination of groundwater during its use; and(b) Is plugged upon abandonment in accordance with NAC 534.4365 when the well is no longer monitored or when otherwise required.2. A permit to appropriate water or a waiver from the State Engineer is required to drill and collect data from a monitoring well or to use an existing well as a monitoring well.3. If the well is located on public land, the person responsible for plugging the well, an agent of the person responsible or the well driller must submit to the Division a notarized affidavit, on a form prescribed by the Division, from the person who will be responsible for plugging the well upon abandonment acknowledging that responsibility. The Division will not approve a notice of intent until such an affidavit has been submitted.4. The owner of a monitoring well shall maintain a record of the current status of the monitoring well and shall notify the Division in writing as soon as practicable after determining that the well will no longer be used.5. If a monitoring well or any other well is to be used to remove a contaminant from groundwater, an environmental permit must be obtained from the State Engineer pursuant to the provisions of NRS 533.437 to 533.4377, inclusive.Nev. Admin. Code § 534.4353
Added to NAC by St. Engineer, eff. 12-30-97; A by R039-12, 6-29-2012; A by R044-14, eff. 10/24/2014; A by R068-20A, eff. 12/29/2020; A by R068-20CAP, eff. 6/23/2021NRS 534.020, 534.060, 534.110