1. Any surface waters of the State whose quality is higher than the applicable standards of water quality as of the date when those standards become effective must be maintained in their higher quality. No discharges of waste may be made which will result in lowering the quality of these waters unless it has been demonstrated to the Commission that the lower quality is justifiable because of economic or social considerations. This subsection does not apply to normal agricultural rotation, improvement or farming practices.

2. Any person who plans to discharge waste from any public or private project or development which would constitute a new or increased source of pollution to waters of the State whose quality is high shall, as part of the initial design of the project or development, provide:

(a) If the discharge will be from a point source, the highest and best degree of waste treatment available under the existing technology, consistent with the best practice in the particular field under the conditions applicable, and reasonably consistent with the economic capability of the project or development.

(b) If the discharge will be from a diffuse source, such measures, methods of operation or practices as are reasonably calculated or designed to prevent, eliminate or reduce water pollution from the source, under the circumstances pertaining to the particular place, in order to achieve control over water pollution which is reasonably consistent with the economic capability of the project or development.

3. This section does not limit a municipal sewage treatment plant in disposing of its solid sludge on land if the sludge is properly spread and incorporated into the soil.

(Added to NRS by 1979, 1029)