[Rev. 2/10/2015 5:30:22
PM--2014R2]
CHAPTER 445A - WATER CONTROLS
GENERAL PROVISIONS
NRS 445A.010 State
and political subdivisions to comply with laws, regulations and ordinances
governing alteration of condition of land or vegetation.
NRS 445A.015 Furnishing
impure water for public use unlawful; concentration of fluoride in water.
CONCENTRATION OF FLUORIDE IN WATER
NRS 445A.020 “Public
water system” defined.
NRS 445A.025 Proposal
to adjust concentration of fluoride in water: Receipt by governing body of
county, city or town; notice to county clerk.
NRS 445A.030 Publication
of proposal; submission to registered voters.
NRS 445A.035 Proposal
to be voted on at next general election.
NRS 445A.040 Certification
of votes for and against proposal; results to be sent to supplier of water or
Secretary of State.
NRS 445A.045 Adjustment
of concentration of fluoride in water by supplier of water if proposal approved
by voters.
NRS 445A.050 Exemptions.
NRS 445A.055 Regulation
of fluoridation in county whose population is 700,000 or more; financial
support for enforcement; payment of initial costs for compliance.
ACCOUNT TO FINANCE THE CONSTRUCTION OF TREATMENT WORKS AND THE
IMPLEMENTATION OF POLLUTION CONTROL PROJECTS
NRS 445A.060 Legislative
findings and declarations.
NRS 445A.065 Definitions.
NRS 445A.070 “Account”
defined.
NRS 445A.075 “Commission”
defined.
NRS 445A.080 “Construction”
defined.
NRS 445A.085 “Department”
defined.
NRS 445A.090 “Director”
defined.
NRS 445A.100 “Interstate
agency” defined.
NRS 445A.105 “Municipality”
defined.
NRS 445A.110 “Pollution
control project” defined.
NRS 445A.115 “Treatment
works” defined.
NRS 445A.120 Creation
and purpose; payment of claims; faith of State pledged.
NRS 445A.125 Interest
and income; deposits; acceptance of gifts, grants and bequests.
NRS 445A.130 Powers
and duties of Department.
NRS 445A.135 Regulations
of Commission.
NRS 445A.140 Limitations
on use of money; compliance with federal law.
NRS 445A.145 Administration:
Limitations on expenditures; imposition and collection of fees to defray costs.
NRS 445A.150 Employment
of expert services.
NRS 445A.155 Issuance
of bonds to support Account.
NRS 445A.160 Environmental
review: Regulations; preparation and review of environmental assessments.
PROTECTION OF LAKE TAHOE AND ITS WATERSHED
NRS 445A.170 Permit
or written permission required from State Department of Conservation and
Natural Resources.
NRS 445A.175 Discharge
of waste prohibited; issuance of permit subject to provision of sewerage.
NRS 445A.180 Adoption
of regulations by State Environmental Commission; powers of State Department of
Conservation and Natural Resources.
NRS 445A.185 Construction
of NRS 445A.170 to 445A.190,
inclusive.
NRS 445A.190 Penalties.
ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE
PROGRAMS
NRS 445A.200 Definitions.
NRS 445A.203 “Account
for the Revolving Fund” defined.
NRS 445A.205 “Account
for Set-Aside Programs” defined.
NRS 445A.207 “Administrator”
defined.
NRS 445A.210 “Commission”
defined.
NRS 445A.215 “Construction”
defined.
NRS 445A.220 “Division”
defined.
NRS 445A.225 “Federal
grant” defined.
NRS 445A.230 “Project”
defined.
NRS 445A.235 “Public
water system” defined.
NRS 445A.240 “Safe
Drinking Water Act” defined.
NRS 445A.245 “Small
water system” defined.
NRS 445A.250 “State
securities” defined.
NRS 445A.255 Creation
and purpose; payment of claims; faith of State pledged.
NRS 445A.260 Interest
and income; deposits; acceptance of gifts, appropriations, contributions,
grants and bequests; use of money to benefit public water systems limited.
NRS 445A.265 Powers
and duties of Division; limitations.
NRS 445A.270 Regulations
of Commission.
NRS 445A.275 Limitations
on use of money; compliance with federal law.
NRS 445A.280 Administration:
Limitations on expenditures; imposition and collection of fees to defray costs.
NRS 445A.285 Employment
of expert services.
NRS 445A.290 Legislative
findings and declarations; issuance of securities.
NRS 445A.295 Environmental
review: Regulations; preparation and review of environmental assessments.
WATER POLLUTION CONTROL
NRS 445A.300 Short
title.
NRS 445A.305 Legislative
declaration.
NRS 445A.310 Definitions.
NRS 445A.315 “Administrator”
defined.
NRS 445A.320 “Commission”
defined.
NRS 445A.325 “Contaminant”
defined.
NRS 445A.330 “Department”
defined.
NRS 445A.335 “Diffuse
source” defined.
NRS 445A.340 “Director”
defined.
NRS 445A.345 “Discharge”
defined.
NRS 445A.350 “Division”
defined.
NRS 445A.355 “Effluent
limitation” defined.
NRS 445A.360 “General
permit” defined.
NRS 445A.363 “Hazardous
waste” defined.
NRS 445A.365 “Individual
permit” defined.
NRS 445A.370 “Interstate
agency” defined.
NRS 445A.375 “Municipality”
defined.
NRS 445A.380 “Package
plant for sewage treatment” defined.
NRS 445A.385 “Permit”
defined.
NRS 445A.390 “Person”
defined.
NRS 445A.395 “Point
source” defined.
NRS 445A.400 “Pollutant”
defined.
NRS 445A.405 “Pollution”
defined.
NRS 445A.410 “Treatment
works” defined.
NRS 445A.415 “Waters
of the State” defined.
NRS 445A.420 “Water
quality standard” defined.
NRS 445A.425 Powers
and duties of Commission.
NRS 445A.427 Analysis
to detect hazardous waste or regulated substance to be performed by certified
laboratory; exception.
NRS 445A.428 Commission
to provide standards for certification of laboratories for analysis of water;
certified laboratory required to perform certain analyses; evaluation.
NRS 445A.430 Fees:
Establishment by Commission; disposition.
NRS 445A.435 Notice
of hearing on regulation which provides standard of water quality or discharge
of waste.
NRS 445A.440 Department
designated as State Water Pollution Control Agency.
NRS 445A.445 Duties
of Director.
NRS 445A.450 Powers
of Director.
NRS 445A.455 Disqualification
of Director; exception.
NRS 445A.460 Administrator:
Qualifications; disqualification; exception.
NRS 445A.465 Injection
of fluids through well or discharge of pollutant without permit prohibited;
regulations.
NRS 445A.470 Restrictions
on regulation concerning injection of fluid through well or permit issued for
injections.
NRS 445A.475 Permits:
Issuance of general permits.
NRS 445A.480 Permits:
Authority of Department to require individual permit.
NRS 445A.485 Permits:
Issuance of temporary permits.
NRS 445A.490 Permits:
Issuance prohibited in certain cases.
NRS 445A.495 Permits:
Term; renewal.
NRS 445A.500 Permits:
Conditions; notice of application.
NRS 445A.505 Permits:
Report by holder of permit of new or increased discharges; reapplication.
NRS 445A.510 Permits:
Collection of fee.
NRS 445A.515 Compliance
with conditions of permit required.
NRS 445A.520 Standards
of water quality.
NRS 445A.525 Effluent
limitations: Establishment; enforcement.
NRS 445A.530 Effluent
limitations: Additional limitations.
NRS 445A.535 Package
plant for sewage treatment: Exemption from provisions of NRS 445A.540 to 445A.560,
inclusive.
NRS 445A.540 Package
plant for sewage treatment: Conditions for issuing permit.
NRS 445A.545 Package
plant for sewage treatment: Assessment lien.
NRS 445A.550 Package
plant for sewage treatment: Deposit and expenditure of proceeds of assessments;
refund of surplus.
NRS 445A.555 Package
plant for sewage treatment: Remedy for violation of conditions of permit;
assumption of control of plant by local governing body.
NRS 445A.560 Package
plant for sewage treatment: Regulation by local governing body.
NRS 445A.565 Protection
of surface waters of higher quality; treatment of and control over discharges
constituting new or increased sources of pollution.
NRS 445A.570 Controls
for diffuse sources: Conditions; delegation of administration to county or
city.
NRS 445A.575 Unlawful
discharge of radiological, chemical or biological warfare agent or high-level
radioactive waste.
NRS 445A.580 Continuing
planning process.
NRS 445A.585 Permit
required for construction of treatment works.
NRS 445A.590 Permits:
Notice of application.
NRS 445A.595 Permits:
Request for public hearing on application; notice of hearing.
NRS 445A.600 Revocation,
modification or suspension of permits: Grounds; effective date; petition for
modification.
NRS 445A.605 Appeals
to Commission: Appealable matters; action by Commission.
NRS 445A.610 Appeals
to Commission: Hearings.
NRS 445A.615 Issuance
of permit for Department of Wildlife to kill fish through use of toxicants.
NRS 445A.620 Certification
of applicant if federal license or permit required.
NRS 445A.625 Radioactive
and hazardous wastes: Permit to discharge, deposit, generate or dispose of
required.
NRS 445A.630 Radioactive
and hazardous wastes: Conditions of permit.
NRS 445A.635 Radioactive
and hazardous wastes: Bond for compliance with permit.
NRS 445A.640 Radioactive
and hazardous wastes: Permit does not relieve holder of any legal duty or
liability.
NRS 445A.645 Radioactive
and hazardous wastes: Violations; penalties.
NRS 445A.650 Municipality
may recover cost of sewage treatment and refuse to receive wastes.
NRS 445A.655 Entry
and inspection of premises.
NRS 445A.660 Observation,
recording and reporting of discharges.
NRS 445A.665 Public
access to information; disclosure of confidential information.
NRS 445A.670 Attorney
General to serve as legal counsel.
NRS 445A.675 Violations:
Remedies and sanctions; exception.
NRS 445A.680 Violations:
Provisions concerning surface waters of higher quality and diffuse sources;
remedies; exception.
NRS 445A.685 Violations:
Specific remedies do not impair other rights.
NRS 445A.690 Violations:
Compliance orders; exception.
NRS 445A.695 Violations:
Injunctive relief; exception.
NRS 445A.700 Violations:
Civil penalties.
NRS 445A.705 Violations:
Criminal penalties.
NRS 445A.707 Director
to conduct independent investigation before determining whether to take certain
corrective actions; exception.
NRS 445A.710 Furnishing
false information or tampering with device unlawful; penalties.
NRS 445A.715 Procedure
for administrative hearing.
NRS 445A.720 Final
authority concerning prevention, abatement and control of water pollution.
NRS 445A.725 Provisions
of title 48 of NRS unaffected.
NRS 445A.730 Effective
date of regulations and standards.
PUBLIC WATER SYSTEMS
NRS 445A.800 Declaration
of state policy.
NRS 445A.805 Definitions.
NRS 445A.807 “Capability”
defined.
NRS 445A.8075 “Commission”
defined.
NRS 445A.808 “Community
water system” defined.
NRS 445A.810 “Contaminant”
defined.
NRS 445A.812 “District
board of health” defined.
NRS 445A.814 “Division”
defined.
NRS 445A.815 “Federal
Act” defined.
NRS 445A.817 “Financial
capability” defined.
NRS 445A.827 “Managerial
capability” defined.
NRS 445A.828 “Noncommunity
water system” defined.
NRS 445A.829 “Nontransient
water system” defined.
NRS 445A.830 “Operator”
defined.
NRS 445A.835 “Person”
defined.
NRS 445A.838 “Public
utility” defined.
NRS 445A.840 “Public
water system” defined.
NRS 445A.843 “Service
connection” defined.
NRS 445A.845 “Supplier
of water” defined.
NRS 445A.847 “Technical
capability” defined.
NRS 445A.848 “Transient
water system” defined.
NRS 445A.850 “Water
system” defined.
NRS 445A.855 Commission:
Adoption of primary and secondary standards of drinking water.
NRS 445A.860 Commission:
Adoption of regulations.
NRS 445A.863 Certification
of laboratories for analysis of water; requirements for performance of certain
analyses.
NRS 445A.865 Commission:
Contracts; assistance; hearings; subpoenas.
NRS 445A.870 Advisory
board regarding certification of operators: Appointment; membership;
compensation of members.
NRS 445A.875 Certification
of operators: Requirement; exception; operation of multiple systems; presence
of operator on-site.
NRS 445A.880 Certification
of operators: Regulations; fees; examination; exemption from examination.
NRS 445A.885 Systems
constructed after June 30, 1991: Requirements for permit.
NRS 445A.890 Systems
constructed after June 30, 1991: Preliminary requests for comments.
NRS 445A.895 Systems
constructed after June 30, 1991: Conditions for issuance of permit.
NRS 445A.900 Systems
constructed after June 30, 1991: Prerequisites to liens for assessments.
NRS 445A.905 Systems
constructed after June 30, 1991: Disposition of proceeds of assessments.
NRS 445A.910 Systems
constructed after June 30, 1991: Assumption of control by local governing body.
NRS 445A.915 Systems
constructed after June 30, 1991: Effect of provisions.
NRS 445A.920 Review
and approval of plans and specifications by Commission or district board of
health.
NRS 445A.925 Duties
of Division and district boards of health.
NRS 445A.930 Imminent
hazard; issuance and review of emergency order; public warning.
NRS 445A.935 Variance
or exemption from regulation of Commission: Application; notice and hearing;
participation of Public Utilities Commission of Nevada.
NRS 445A.940 Notification
to Division or district board of health and user of water system by supplier of
water.
NRS 445A.943 Issuance
of orders by Division.
NRS 445A.945 Injunctions.
NRS 445A.950 Civil
penalty and administrative fine against supplier of water for certain
violations.
NRS 445A.952 Civil
penalty and administrative fine against laboratories for certain violations.
NRS 445A.955 Criminal
penalty.
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GENERAL PROVISIONS
NRS 445A.010 State and political subdivisions to comply with laws,
regulations and ordinances governing alteration of condition of land or
vegetation. In performing any work
which alters the material condition of land or vegetation, the State, its
agencies and all political subdivisions in this State shall comply with all the
state laws or regulations and local ordinances which are applicable to private
persons performing the same type of work.
(Added to NRS by 1971, 508)
NRS 445A.015 Furnishing impure water for public use unlawful; concentration
of fluoride in water. Every owner,
agent, manager, operator or other person having charge of any waterworks
furnishing water for public use who shall:
1. Knowingly permit any act or omit any
duty or precaution by reason whereof the purity or healthfulness of the water
supplied shall become impaired is guilty of a gross misdemeanor.
2. Fail to adjust the naturally occurring
fluoride concentration of the water to levels recommended by public health
authorities when there has been approval by a majority of the votes cast
pursuant to NRS 445A.045, or who shall adjust such
concentration if such approval has not been obtained, is guilty of a
misdemeanor. The provisions of this subsection do not apply to purveyors of
bottled water who label their containers to inform the purchaser that the
naturally occurring fluoride concentration of the water has been adjusted to
recommended levels.
[1911 C&P § 275; RL § 6540; NCL § 10223]—(NRS A
1967, 768)
CONCENTRATION OF FLUORIDE IN WATER
NRS 445A.020 “Public water system” defined. As
used in NRS 445A.020 to 445A.055,
inclusive, unless the context otherwise requires, “public water system” has the
meaning ascribed to it in NRS 445A.840.
(Added to NRS by 1999, 1112; A 1999, 3169)
NRS 445A.025 Proposal to adjust concentration of fluoride in water: Receipt
by governing body of county, city or town; notice to county clerk. Whenever the governing body of any city or
town or the board of county commissioners receives a written proposal from a
supplier of water, public health authorities or from any person or persons that
the naturally occurring fluoride concentration of the water be adjusted to
levels recommended by public health authorities, such governing body or board
may, in its discretion, give notice of such proposal and the geographical area
in which the water is distributed to the county clerk of each county in which
any water so affected is distributed.
(Added to NRS by 1967, 768)
NRS 445A.030 Publication of proposal; submission to registered voters. Upon receipt of such notice, each county clerk
shall cause such proposal to be published and submitted to the appropriate
registered voters, as specified in NRS 445A.035,
in the manner provided by the general election laws for the submission of
questions. If required to carry out the provisions of NRS
445A.035, such proposal shall appear on a separate ballot.
(Added to NRS by 1967, 768)
NRS 445A.035 Proposal to be voted on at next general election. The proposal shall be submitted at the next
general election to the registered voters of each political subdivision or
precinct in which the water affected is distributed.
(Added to NRS by 1967, 768)
NRS 445A.040 Certification of votes for and against proposal; results to be
sent to supplier of water or Secretary of State.
1. Upon completion of the canvass of the
vote, the county clerk shall certify the number of votes cast for and against the
proposal to:
(a) The supplier, if the water affected is
distributed in but one county.
(b) The Secretary of State, if the water affected
is distributed in more than one county.
2. If such results are certified to the
Secretary of State, he or she shall compile the results from all counties
affected and certify to the supplier the number of votes cast for and against
the proposal.
(Added to NRS by 1967, 768)
NRS 445A.045 Adjustment of concentration of fluoride in water by supplier of
water if proposal approved by voters. The
supplier may proceed to put the proposal into effect only if a majority of all
the votes cast upon the question were cast for the proposal.
(Added to NRS by 1967, 769)
NRS 445A.050 Exemptions. The
provisions of NRS 445A.025 to 445A.050, inclusive, do not apply to:
1. A public water system that serves a
population of 100,000 or more in a county whose population is 700,000 or more.
2. A water authority, as defined pursuant
to NRS 377B.040, and any political
subdivision that receives all or a part of its water supply from such a water
authority in a county whose population is 700,000 or more.
3. Purveyors of bottled water who label
their containers to inform the purchaser that the naturally occurring fluoride
concentration of the water has been adjusted to recommended levels.
4. A supplier of water who supplies water
to less than 500 users.
(Added to NRS by 1967, 769; A 1969, 1080; 1999, 1114, 3169; 2011, 1260)
NRS 445A.055 Regulation of fluoridation in county whose population is 700,000
or more; financial support for enforcement; payment of initial costs for
compliance.
1. The State Board of Health shall adopt
regulations requiring the fluoridation of all water delivered for human
consumption in a county whose population is 700,000 or more by a:
(a) Public water system that serves a population
of 100,000 or more; or
(b) Water authority.
2. The regulations must include, without
limitation:
(a) The minimum and maximum permissible
concentrations of fluoride to be maintained by such a public water system or a
water authority, except that:
(1) The minimum permissible concentration
of fluoride must not be less than 0.7 parts per million; and
(2) The maximum permissible concentration
of fluoride must not exceed 1.2 parts per million;
(b) The requirements and procedures for
maintaining proper concentrations of fluoride, including any necessary
equipment, testing, recordkeeping and reporting;
(c) Requirements for the addition of fluoride to
the water if the natural concentration of fluorides is lower than the minimum
permissible concentration established pursuant to paragraph (a); and
(d) Criteria pursuant to which the State Board of
Health may exempt a public water system or water authority from the requirement
of fluoridation upon the request of the public water system or water authority.
3. The State Board of Health shall not
require the fluoridation of:
(a) The wells of a public water system or water
authority if:
(1) The groundwater production of the
public water system or water authority is less than 15 percent of the total
average annual water production of the system or authority for the years in
which drought conditions are not prevalent; and
(2) The wells are part of a combined
regional and local system for the distribution of water that is served by a
fluoridated source.
(b) A public water system or water authority:
(1) During an emergency or period of
routine maintenance, if the wells of the system or authority are exempt from
fluoridation pursuant to paragraph (a) and the supplier of water determines
that it is necessary to change the production of the system or authority from
surface water to groundwater because of an emergency or for purposes of routine
maintenance; or
(2) If the natural water supply of the
system or authority contains fluoride in a concentration that is at least equal
to the minimum permissible concentration established pursuant to paragraph (a)
of subsection 2.
4. The State Board of Health may make an exception
to the minimum permissible concentration of fluoride to be maintained in a
public water system or water authority based on:
(a) The climate of the regulated area;
(b) The amount of processed water purchased by
the residents of the regulated area; and
(c) Any other factor that influences the amount
of public water that is consumed by the residents of the regulated area.
5. The Division shall make reasonable
efforts to secure any available sources of financial support, including,
without limitation, grants from the Federal Government, for the enforcement of
the standards established pursuant to this section and any related capital
improvements.
6. A public water system or water
authority may submit to the Division a claim for payment of the initial costs
of the public water system or water authority to begin complying with the
provisions of this section regardless of whether the public water system or
water authority is required to comply with those provisions. The Administrator
of the Division may approve such claims to the extent of legislative
appropriations and any other money available for that purpose. Approved claims
must be paid as other claims against the State are paid. The ongoing
operational expenses of a public water system or water authority in complying
with the provisions of this section are not compensable pursuant to this
subsection.
7. As used in this section:
(a) “Division” means the Division of Public and
Behavioral Health of the Department of Health and Human Services.
(b) “Supplier of water” has the meaning ascribed
to it in NRS 445A.845.
(c) “Water authority” has the meaning ascribed to
it in NRS 377B.040.
(Added to NRS by 1999, 1112; A 1999, 3169; 2011, 1260;
2013, 3053)
ACCOUNT TO FINANCE THE CONSTRUCTION OF TREATMENT WORKS AND
THE IMPLEMENTATION OF POLLUTION CONTROL PROJECTS
NRS 445A.060 Legislative findings and declarations.
1. The Legislature finds that:
(a) The construction, rehabilitation, operation
and maintenance of modern and efficient treatment works and other pollution
control projects are essential for the protection and improvement of the waters
of this State and the public health of the residents of this State; and
(b) The protection of the waters of this arid
state justifies the State’s participation and assistance in a program which
provides long-term financing to aid municipalities and interstate agencies in
the construction of treatment works and the implementation of pollution control
projects. The provisions of NRS 445A.060 to 445A.160, inclusive, shall be liberally construed to
carry out the purposes of NRS 445A.060 to 445A.160, inclusive.
2. The Legislature declares that the
creation of an Account to Finance the Construction of Treatment Works and the
Implementation of Pollution Control Projects will enable the State to receive
its maximum share of the federal money available pursuant to the Federal Water
Pollution Control Act of 1972 (33 U.S.C. §§ 1251 et seq.) and ensure that the
municipalities in this State and interstate agencies receive federal money for
treatment works and programs for the control of pollution.
3. The Legislature finds and declares that
any general obligation bonds or revenue bonds issued pursuant to NRS 445A.155 are necessary for the protection and
preservation of the natural resources of this State and for the purpose of
obtaining the benefits thereof, and constitutes an exercise of the authority
conferred by the second paragraph of Section
3 of Article 9 of the Constitution of the State of Nevada.
(Added to NRS by 1989, 1256; A 1993, 643)
NRS 445A.065 Definitions. As
used in NRS 445A.060 to 445A.160,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 445A.070 to 445A.115,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1989, 1256; A 1993, 644)
NRS 445A.070 “Account” defined. “Account”
means the Account to Finance the Construction of Treatment Works and the
Implementation of Pollution Control Projects created pursuant to NRS 445A.120.
(Added to NRS by 1993, 643)
NRS 445A.075 “Commission” defined. “Commission”
means the State Environmental Commission.
(Added to NRS by 1989, 1256)
NRS 445A.080 “Construction” defined. “Construction”
means any:
1. Preliminary planning to determine the
feasibility of treatment works or pollution control projects;
2. Engineering, architectural, legal,
fiscal or economic investigations or studies, surveys, designs, plans, working
drawings, specifications or procedures which comply with the requirements
adopted pursuant to 33 U.S.C. §§ 1381 et seq.; or
3. Other necessary actions including the
erection, building, acquisition, alteration, remodeling, improvement or
extension of treatment works or pollution control projects, or the inspection
or supervision of any item set forth in this section.
(Added to NRS by 1989, 1256)
NRS 445A.085 “Department” defined. “Department”
means the State Department of Conservation and Natural Resources.
(Added to NRS by 1989, 1257)
NRS 445A.090 “Director” defined. “Director”
means the Director of the State Department of Conservation and Natural
Resources.
(Added to NRS by 1989, 1257)
NRS 445A.100 “Interstate agency” defined. “Interstate
agency” has the meaning ascribed to it in NRS 445A.370.
(Added to NRS by 1989, 1257)
NRS 445A.105 “Municipality” defined. “Municipality”
has the meaning ascribed to it in NRS 445A.375.
(Added to NRS by 1989, 1257)
NRS 445A.110 “Pollution control project” defined. “Pollution
control project” means any eligible component of the management programs
established pursuant to 33 U.S.C. §§ 1251 et seq. The term “pollution control
project” is synonymous with the term “nonpoint source control project” as that
term is used in 33 U.S.C. § 1329.
(Added to NRS by 1989, 1257)
NRS 445A.115 “Treatment works” defined. “Treatment
works” has the meaning ascribed to it in NRS 445A.410.
(Added to NRS by 1989, 1257)
NRS 445A.120 Creation and purpose; payment of claims; faith of State pledged.
1. The Account to Finance the Construction
of Treatment Works and the Implementation of Pollution Control Projects is hereby
created in the Fund for Water Projects Loans, which is hereby created as an
enterprise fund.
2. The money in the Account must be used
only for the purposes set forth in 33 U.S.C. §§ 1381 et seq.
3. All claims against the Account must be
paid as other claims against the State are paid.
4. The faith of the State is hereby
pledged that the money in the Account will not be used for purposes other than
those authorized by 33 U.S.C. §§ 1381 et seq.
(Added to NRS by 1989, 1257; A 1993, 644; 2001, 2754)
NRS 445A.125 Interest and income; deposits; acceptance of gifts, grants and
bequests.
1. The interest and income earned on money
in the Account must be credited to the Account.
2. All payments of principal and interest
on all loans made to a municipality or interstate agency and all proceeds from
the sale, refunding or prepayment of obligations of a municipality or
interstate agency acquired or loans made in carrying out the purposes of the
Account must be deposited in the State Treasury for credit to the Account.
3. The Department may accept gifts, grants
and bequests of money from any public or private source. The money must be
deposited in the State Treasury for credit to the Account.
(Added to NRS by 1989, 1257; A 1993, 644)
NRS 445A.130 Powers and duties of Department.
1. The Department shall, with the approval
of the Department of Administration:
(a) Use the money in the Account for the purposes
set forth in 33 U.S.C. §§ 1381 et seq.
(b) Determine whether publicly owned treatment
works which receive money or other assistance from the Account comply with the
requirements set forth in 33 U.S.C. §§ 1381 et seq.
2. The Department may, with the approval
of the Department of Administration:
(a) Enter into an agreement with the Federal
Government for the acceptance of grants of money for the Account.
(b) Provide services relating to the preparation
of any plan or report concerning the Account.
(Added to NRS by 1989, 1257; A 1993, 644)
NRS 445A.135 Regulations of Commission. The
Commission shall adopt regulations to carry out the provisions of NRS 445A.060 to 445A.160,
inclusive.
(Added to NRS by 1989, 1258)
NRS 445A.140 Limitations on use of money; compliance with federal law.
1. Except as otherwise provided in NRS 445A.145, money in the Account may be used only
to:
(a) Make loans at or below the market rate to
municipalities or interstate agencies for the construction of treatment works
and the implementation of pollution control projects.
(b) Buy or refinance at or below the market rate
the debt obligations of municipalities or interstate agencies if:
(1) The project for which the obligations
were incurred meets the requirements of 33 U.S.C. §§ 1251 et seq.; and
(2) The debt obligations were incurred and
construction of the project began after March 7, 1985.
(c) Guarantee or purchase insurance for local
obligations if such action would improve access to the credit markets or reduce
the rate of interest.
(d) Secure the sale of bonds issued by the State
if the net proceeds from the sale of those bonds are deposited in the Account.
2. A municipality or interstate agency
which requests a loan or other financial assistance must demonstrate that it
has complied with the provisions of 33 U.S.C. §§ 1381 et seq.
(Added to NRS by 1989, 1258; A 1993, 645)
NRS 445A.145 Administration: Limitations on expenditures; imposition and
collection of fees to defray costs.
1. The Director shall not:
(a) Spend more than 4 percent of each grant
awarded to administer the Account; or
(b) Use any money generated pursuant to NRS 445A.155 for the costs of administering the
Account unless authorized by the Legislature.
2. The Director may, with the approval of
the Department of Administration, impose and collect a fee from each
municipality or interstate agency which receives a loan or other financial
assistance from the Account. The fee must be used to defray the costs of
administering the Account.
3. If the Director imposes a fee, the
Commission shall adopt regulations establishing the amount of the fee required
to be collected pursuant to subsection 2.
(Added to NRS by 1989, 1258; A 1993, 645)
NRS 445A.150 Employment of expert services. The
Director may, with the approval of the Department of Administration, employ any
legal, fiscal or other expert services necessary to carry out his or her duties
pursuant to NRS 445A.060 to 445A.160, inclusive.
(Added to NRS by 1989, 1258)
NRS 445A.155 Issuance of bonds to support Account.
1. The Director may, with the approval of
the Department of Administration, authorize the State Treasurer to issue, sell
or deliver general obligation bonds of the State or revenue bonds if viable to
support the purposes of the Account.
2. If the Director authorizes the issuance
of those bonds, the State Treasurer may:
(a) Sue and be sued to establish or enforce any
right arising out of a project receiving financial assistance or of any state
securities issued pursuant to this authorization;
(b) Acquire and hold municipal securities, and
exercise all of the rights of holders of those securities;
(c) Sell or otherwise dispose of municipal
securities and assets acquired in connection with those securities, unless
limited by any agreement which relates to the securities;
(d) Make contracts and execute all necessary or
convenient instruments;
(e) Accept grants of money from the Federal
Government, the State, any agency or political subdivision, or any other
person;
(f) Adopt regulations relating to projects
receiving financial assistance and the administration of those projects;
(g) Employ for himself or herself or for any
municipality or interstate agency, any necessary legal, fiscal, engineering and
other expert services in connection with projects receiving financial
assistance and with the authorization, sale and issuance of state securities
and municipal securities;
(h) Enter into agreements and arrangements
consistent with NRS 445A.060 to 445A.160, inclusive, concerning the issuance of state
securities and the purchase of municipal securities; and
(i) Undertake other matters which he or she
determines to be necessary or desirable to accomplish the purposes of NRS 445A.060 to 445A.160,
inclusive.
3. Before any bonds are issued pursuant to
this section, the State Board of Finance must certify that sufficient revenue
will be available in the Account to pay the interest and installments of
principal as they become due.
4. The money in the Account that is
available for the payment of the interest and installments of principal on the
bonds must be pledged as the primary source for the payment of the bonds. The
full faith and credit of the State may be pledged.
(Added to NRS by 1989, 1258; A 1993, 645; 1997, 3013)
NRS 445A.160 Environmental review: Regulations; preparation and review of
environmental assessments.
1. The Commission shall adopt regulations
relating to the environmental review process required by 33 U.S.C. §§ 1381 et
seq.
2. Each municipality or interstate agency
which receives money from the Account shall prepare an environmental assessment
which complies with the regulations adopted by the Commission and submit it to
the Department for review.
3. The Department shall review each such
assessment.
(Added to NRS by 1989, 1259; A 1993, 646)
PROTECTION OF LAKE TAHOE AND ITS WATERSHED
NRS 445A.170 Permit or written permission required from State Department of
Conservation and Natural Resources.
1. It is unlawful for any person, firm,
association or corporation to:
(a) Construct a pier, breakwater or marina in or
to alter the shoreline of Lake Tahoe;
(b) Remove gravel, sand or similar material from
Lake Tahoe; or
(c) Deposit any fill or deleterious material in
Lake Tahoe,
Ê without
first having secured written permission from the State Department of
Conservation and Natural Resources.
2. Construction or alteration of the Lake
Tahoe shoreline below the high water elevation (6,229.1 feet) requires written
permission from the State Department of Conservation and Natural Resources.
3. A permit must be denied when the source
of domestic water or the place of disposal of sewage or other wastes would
create a health hazard or the quality of Lake Tahoe waters would be impaired.
4. The State Department of Conservation
and Natural Resources shall adopt regulations governing the issuance of permits
under this section.
[1:306:1949; 1943 NCL § 8247.01]—(NRS A 1963, 957;
1967, 404, 1171; 1973, 1406; 1975, 1402; 1977, 1139; 1979, 283)
NRS 445A.175 Discharge of waste prohibited; issuance of permit subject to
provision of sewerage.
1. Except as provided in subsection 2, the
direct discharge of sewage or other wastes into Lake Tahoe, or within 100 feet
of the established high water rim of Lake Tahoe, or within 100 feet of a
stream, reservoir, spring, well or other water supply in the Lake Tahoe
Watershed is prohibited.
2. Where disposal of sewage or other waste
by reason of property characteristics, topography or other limitations cannot be
provided other than within 100 feet of Lake Tahoe, then the State Department of
Conservation and Natural Resources shall issue the required permit subject to
installation and operation of such sewage works as may be necessary to provide
protection to the Lake Tahoe water and the Lake Tahoe Watershed.
[2:306:1949; 1943 NCL § 8247.02]—(NRS A 1963, 957;
1973, 1406; 1975, 1403; 1977, 1140)
NRS 445A.180 Adoption of regulations by State Environmental Commission;
powers of State Department of Conservation and Natural Resources.
1. The State Environmental Commission may
adopt reasonable regulations consistent with law governing the Lake Tahoe
Watershed area to carry out the purpose and intent of NRS
445A.170 to 445A.190, inclusive.
2. The State Department of Conservation
and Natural Resources:
(a) May enforce the regulations of the State
Environmental Commission with respect to the provisions of NRS 445A.170 to 445A.190,
inclusive.
(b) May enter on any property within the Lake
Tahoe Watershed area for the purpose of inspecting such premises to determine
whether or not they are in conformity with the provisions of NRS 445A.170 to 445A.190,
inclusive.
3. All regulations and standards adopted
by the State Board of Health pertaining to the protection of Lake Tahoe and its
watershed in force on July 1, 1975, remain in effect until revised by the State
Environmental Commission pursuant to NRS 445A.170
to 445A.190, inclusive.
[3:306:1949; 1943 NCL § 8247.03]—(NRS A 1963, 958;
1967, 1172; 1973, 1406; 1975, 1403; 1977, 1140)
NRS 445A.185 Construction of NRS 445A.170 to 445A.190,
inclusive. The provisions of NRS 445A.170 to 445A.190,
inclusive, shall not be construed to authorize the adoption of any regulation
or the issuance of any permit pursuant to such regulation, which allows any
person to discharge any sewerage, effluents or other wastes or offensive
materials into the waters of Lake Tahoe, but these provisions do not preclude a
beneficial use of treated effluent within the Lake Tahoe Watershed under a
permit issued pursuant to the provisions of NRS
445A.300 to 445A.730, inclusive.
[4:306:1949; 1943 NCL § 8247.04]—(NRS A 1977, 756)
NRS 445A.190 Penalties. Any
person, firm, association or corporation violating any of the provisions of NRS 445A.170 to 445A.185,
inclusive, or of the rules and regulations hereby established shall be guilty
of a misdemeanor.
[5:306:1949; 1943 NCL § 8247.05]—(NRS A 1967, 580)
ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE
PROGRAMS
NRS 445A.200 Definitions. As
used in NRS 445A.200 to 445A.295,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 445A.203 to 445A.250,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1997, 1821)
NRS 445A.203 “Account for the Revolving Fund” defined. “Account for the Revolving Fund” means the
Account created pursuant to NRS 445A.255 to
finance the construction of projects.
(Added to NRS by 1997, 1821)
NRS 445A.205 “Account for Set-Aside Programs” defined. “Account for Set-Aside Programs” means the
Account created pursuant to NRS 445A.255 to fund
activities, other than projects, authorized by the Safe Drinking Water Act,
pursuant to NRS 445A.275 and 445A.280.
(Added to NRS by 1997, 1821)
NRS 445A.207 “Administrator” defined. “Administrator”
means the Administrator of the Division.
(Added to NRS by 1997, 1821)
NRS 445A.210 “Commission” defined. “Commission”
means the State Environmental Commission.
(Added to NRS by 1997, 1821; A 2003, 3060)
NRS 445A.215 “Construction” defined. “Construction”
includes:
1. Preliminary planning to determine the
feasibility of a project;
2. Engineering, architectural, legal,
environmental, fiscal or economic investigations or studies, surveys, designs,
plans, working drawings, specifications or procedures that comply with the Safe
Drinking Water Act, and regulations adopted pursuant thereto; and
3. Other necessary actions related to a
project including the erection, building, acquisition, alteration, remodeling,
improvement or extension of a project, or the inspection or supervision of any
item set forth in this section.
(Added to NRS by 1997, 1821)
NRS 445A.220 “Division” defined. “Division”
means the Division of Environmental Protection of the State Department of
Conservation and Natural Resources.
(Added to NRS by 1997, 1822; A 2003, 3060)
NRS 445A.225 “Federal grant” defined. “Federal
grant” means money authorized by the Safe Drinking Water Act to:
1. Create a revolving fund to assist
public water systems to finance the costs of facilities needed to achieve or
maintain compliance with the Safe Drinking Water Act and regulations adopted
pursuant thereto and to protect public health; and
2. Fund set-aside programs authorized by
the Safe Drinking Water Act.
(Added to NRS by 1997, 1822)
NRS 445A.230 “Project” defined. “Project”
means the initial construction, or renovation, modification or expansion, of
portions of a public water system for:
1. The impoundment, collection, pumping,
treatment, storage or distribution of water;
2. Increasing, sustaining or reducing
water pressure; or
3. The supervision, monitoring,
administration, management, operation or maintenance of the water system,
including acquisition of water rights,
Ê subject to
any restrictions set forth in the Safe Drinking Water Act.
(Added to NRS by 1997, 1822)
NRS 445A.235 “Public water system” defined. “Public
water system” means a system, regardless of ownership, that provides the public
with water for human consumption through pipes or other constructed
conveyances, if the system has 15 or more service connections, as defined in NRS 445A.843, or regularly serves 25 or more persons.
The term includes:
1. A facility for the collection, pumping,
treatment, storage or distribution of water which is controlled by the operator
of the system and used primarily in connection with the system; and
2. A facility for the collection or
storage before treatment of water which is not controlled by the operator of
the system but is used primarily in connection with the system.
(Added to NRS by 1997, 1822; A 1999, 1866)
NRS 445A.240 “Safe Drinking Water Act” defined. “Safe
Drinking Water Act” means 42 U.S.C. §§ 300f et seq., as amended.
(Added to NRS by 1997, 1822)
NRS 445A.245 “Small water system” defined. “Small
water system” means a public water system serving less than 10,000 persons.
(Added to NRS by 1997, 1822)
NRS 445A.250 “State securities” defined. “State
securities” means securities of the kinds described in NRS 349.198 authorized to be issued in the
name and on behalf of the State upon the authorization of the Administrator.
(Added to NRS by 1997, 1822)
NRS 445A.255 Creation and purpose; payment of claims; faith of State pledged.
1. The Account to Finance the Construction
of Projects, to be known as the Account for the Revolving Fund, is hereby
created in the Fund for Water Projects Loans.
2. The account to fund activities, other
than projects, authorized by the Safe Drinking Water Act, to be known as the
Account for Set-Aside Programs, is hereby created in the Fund for the Municipal
Bond Bank.
3. The money in the Account for the
Revolving Fund and the Account for Set-Aside Programs may be used only for the
purposes set forth in the Safe Drinking Water Act.
4. All claims against the Account for the
Revolving Fund and the Account for Set-Aside Programs must be paid as other
claims against the State are paid.
5. The faith of the State is hereby
pledged that the money in the Account for the Revolving Fund and the Account
for Set-Aside Programs will not be used for purposes other than those
authorized by the Safe Drinking Water Act.
(Added to NRS by 1997, 1823; A 1999, 21; 2001, 2754)
NRS 445A.260 Interest and income; deposits; acceptance of gifts,
appropriations, contributions, grants and bequests; use of money to benefit
public water systems limited.
1. The interest and income earned on money
in the Account for the Revolving Fund and the Account for Set-Aside Programs
must be credited to the Account for the Revolving Fund and the Account for
Set-Aside Programs, respectively.
2. All payments of principal and interest
on all loans made to a public water system and all proceeds from the sale,
refunding or prepayment of obligations of a public water system acquired or
loans made in carrying out the purposes of the Account for the Revolving Fund
must be deposited in the State Treasury for credit to the Account for the
Revolving Fund.
3. The Division may accept gifts,
appropriations from the State General Fund, contributions, grants and bequests
of money from any public or private source. The money so accepted must be
deposited in the State Treasury for credit to the Account for the Revolving
Fund, or the Account for Set-Aside Programs, and can be used to provide money
from the State to match the federal grant, as required by the Safe Drinking
Water Act.
4. Except as otherwise provided in
subsection 5, only federal money deposited in a separate subaccount of the
Account for the Revolving Fund, including repayments of principal and interest
on loans made solely from federal money, and interest and income earned on
federal money in the Account for the Revolving Fund, may be used to benefit
public water systems not governmentally owned.
5. In addition to the sources described in
subsection 4, the proceeds of state securities that are solely secured by and
solely payable from one or more of the sources set forth in subsection 4 may be
used to benefit public water systems not governmentally owned.
(Added to NRS by 1997, 1823)
NRS 445A.265 Powers and duties of Division; limitations.
1. The Division shall:
(a) Use the money in the Account for the
Revolving Fund and the Account for Set-Aside Programs for the purposes set
forth in the Safe Drinking Water Act.
(b) Determine whether public water systems which
receive money or other assistance from the Account for the Revolving Fund or
the Account for Set-Aside Programs comply with the Safe Drinking Water Act and
regulations adopted pursuant thereto.
2. The Division may:
(a) Prepare and enter into required agreements
with the Federal Government for the acceptance of grants of money for the
Account for the Revolving Fund and the Account for Set-Aside Programs.
(b) Bind itself to terms of the required
agreements.
(c) Accept grants made pursuant to the Safe
Drinking Water Act.
(d) Manage the Account for the Revolving Fund and
the Account for Set-Aside Programs in accordance with the requirements and
objectives of the Safe Drinking Water Act.
(e) Provide services relating to management and
administration of the Account for the Revolving Fund and the Account for
Set-Aside Programs, including the preparation of any agreement, plan or report.
(f) Perform, or cause to be performed by the
Nevada Rural Water Association or other persons, agencies or organizations
through interagency agreement, subgrant, contract or memorandum of
understanding, set-aside programs pursuant to 42 U.S.C. § 300j-12 of the Safe
Drinking Water Act.
3. The Division shall not:
(a) Commit any money in the Account for the
Revolving Fund for expenditure for the purposes set forth in NRS 445A.275; or
(b) Establish the priorities for determining
which public water systems will receive money or other assistance from the
Account for the Revolving Fund,
Ê without
obtaining the prior approval of the Board for financing water projects.
(Added to NRS by 1997, 1824; A 1999, 1866; 2009, 635)
NRS 445A.270 Regulations of Commission. The
Commission may adopt such regulations as are necessary to carry out the
provisions of NRS 445A.200 to 445A.295, inclusive.
(Added to NRS by 1997, 1826; A 2003, 3061)
NRS 445A.275 Limitations on use of money; compliance with federal law.
1. Except as otherwise provided in NRS 445A.260 and 445A.280,
money in the Account for the Revolving Fund, including repayments of principal
and interest on loans, and interest and income earned on money in the Account
for the Revolving Fund, may be used only to:
(a) Make loans at or below the market rate to
public water systems for the construction of projects.
(b) Buy or refinance at or below the market rate
the obligations of public water systems if:
(1) The project for which the obligations
were incurred complies with the Safe Drinking Water Act and regulations adopted
pursuant thereto; and
(2) The obligations were incurred after
July 1, 1993.
(c) Guarantee or purchase insurance for local
obligations, including nongovernmental debt or municipal debt, if the action
would improve access to credit or reduce the rate of interest applicable to the
obligation.
(d) Arrange for the sale of state securities,
including state securities issued to provide money from the State to match the
federal grant, as required by the Safe Drinking Water Act, if the net proceeds
from the sale of those state securities are deposited in the Account for the
Revolving Fund.
(e) Provide or guarantee loans or as a source of
reserve and security for leveraged loans, except that repayments of interest on
loans, and interest and income earned on money in the Account for the Revolving
Fund, may be used to secure the sale of state securities or otherwise be
pledged to provide money from the State to match the federal grant, as required
by the Safe Drinking Water Act.
2. Money in the Account for Set-Aside
Programs may be used only to fund set-aside programs authorized by the Safe
Drinking Water Act. Money in the Account for Set-Aside Programs may be
transferred to the Account for the Revolving Fund pursuant to the Safe Drinking
Water Act.
3. A public water system which requests a
loan or other financial assistance must demonstrate that it has:
(a) Complied with the Safe Drinking Water Act and
regulations adopted pursuant thereto; or
(b) Agreed to take actions that are needed to
ensure that it has the capability to comply with the Safe Drinking Water Act
and regulations adopted pursuant thereto.
4. Funding from the Account for the
Revolving Fund may not be given to an existing public water system unless it
has the technical, managerial and financial capability to ensure compliance
with the Safe Drinking Water Act and regulations adopted pursuant thereto. A
new public water system, to receive such funding, must demonstrate that it has
the technical, managerial and financial capability to ensure compliance with
the Safe Drinking Water Act and regulations adopted pursuant thereto.
(Added to NRS by 1997, 1824)—(Substituted
in revision for part of NRS 445A.260)
NRS 445A.280 Administration: Limitations on expenditures; imposition and
collection of fees to defray costs.
1. The Administrator shall not:
(a) Spend more than 4 percent of the federal
grant for a set-aside program for administration pursuant to 42 U.S.C. §
300j-12(g)(2) of the Safe Drinking Water Act;
(b) Spend more than 10 percent of the federal
grant for a set-aside program for activities authorized pursuant to 42 U.S.C. §
300j-12(g)(2) of the Safe Drinking Water Act if matched equally by the State;
(c) Spend more than 2 percent of the federal
grant for a set-aside program for technical assistance to small water systems
pursuant to 42 U.S.C. § 300j-12(g)(2) of the Safe Drinking Water Act; or
(d) Spend more than 15 percent of the federal
grant for a set-aside program for activities authorized pursuant to 42 U.S.C. §
300j-12(k) of the Safe Drinking Water Act.
2. The Administrator may impose and
collect a fee from each public water system that receives a loan or other
financial assistance from the Account for the Revolving Fund or the Account for
Set-Aside Programs. The fee must be used to defray the costs of administering
the Account for the Revolving Fund or the Account for Set-Aside Programs.
3. If the Administrator imposes a fee
pursuant to subsection 2, the Commission shall adopt regulations establishing
the amount of the fee to be collected.
(Added to NRS by 1997, 1825; A 2003, 3061)
NRS 445A.285 Employment of expert services. The
Administrator may employ any legal, fiscal, engineering and other expert
services necessary to carry out his or her duties pursuant to NRS 445A.200 to 445A.295,
inclusive.
(Added to NRS by 1997, 1825)
NRS 445A.290 Legislative findings and declarations; issuance of securities.
1. The Legislature finds and declares that
any state securities issued pursuant to this section are necessary for the
protection and preservation of the property and natural resources of this State
and for the purpose of obtaining the benefits thereof, and their issuance
constitutes an exercise of the authority conferred by the second paragraph of Section 3 of Article 9 of the
Constitution of the State of Nevada.
2. The Administrator may authorize the
State Treasurer to issue, sell or deliver state securities as general
obligations or secured by pledged revenue if viable to carry out the purposes
of the Account for the Revolving Fund, or to provide money from the State to
match the federal grant as required by the Safe Drinking Water Act.
3. If the Administrator authorizes the
issuance of state securities, the State Treasurer may:
(a) Sue and be sued to establish or enforce any
right arising out of a project receiving financial assistance or of any state
securities issued pursuant to this authorization;
(b) Acquire and hold municipal securities, and
exercise all of the rights of holders of those securities;
(c) Sell or otherwise dispose of municipal
securities and assets acquired in connection with those securities, unless
limited by any agreement which relates to the securities;
(d) Make contracts and execute all necessary or
convenient instruments;
(e) Accept grants of money from the Federal
Government, the State, any agency or political subdivision thereof, or any
other person;
(f) Adopt financial regulations relating to
projects receiving financial assistance and the administration of those
projects;
(g) Employ for himself or herself or for any
public water system, any necessary legal, fiscal, engineering and other expert
services in connection with projects receiving financial assistance and with
the authorization, sale and issuance of state securities, and the purchase of
municipal securities or nongovernmental debt;
(h) Enter into agreements and arrangements
consistent with NRS 445A.200 to 445A.295, inclusive, concerning the authorization,
sale and issuance of state securities and the purchase of municipal securities
or nongovernmental debt;
(i) Require, as appropriate to secure a
nongovernmental debt, enhancements of credit or the pledge of any variety of
collateral or other types of security, such as corporate or personal
guarantees; and
(j) Undertake other matters which he or she
determines to be necessary or desirable to accomplish the purposes of NRS 445A.200 to 445A.295,
inclusive.
4. The money in the Account for the
Revolving Fund which is available for the payment of the interest and
installments of principal on the state securities must be pledged as the
primary source for the payment of the state securities. The full faith and
credit of the State may be pledged as additional security for the payment of
the state securities.
(Added to NRS by 1997, 1822, 1826)
NRS 445A.295 Environmental review: Regulations; preparation and review of
environmental assessments.
1. The Commission shall adopt such
regulations as are necessary relating to the environmental review required by
the Safe Drinking Water Act.
2. Each public water system which receives
money from the Account for the Revolving Fund shall prepare an environmental
assessment which complies with the regulations adopted by the Commission and
submit it to the Division for review.
3. The Division shall review each such
assessment.
(Added to NRS by 1997, 1825; A 2003, 3061)
WATER POLLUTION CONTROL
NRS 445A.300 Short title. NRS 445A.300 to 445A.730,
inclusive, may be cited as the Nevada Water Pollution Control Law.
(Added to NRS by 1973, 1707; A 1977, 1141)
NRS 445A.305 Legislative declaration.
1. The Legislature finds that pollution of
water in this State:
(a) Adversely affects public health and welfare;
(b) Is harmful to wildlife, fish and other
aquatic life; and
(c) Impairs domestic, agricultural, industrial,
recreational and other beneficial uses of water.
2. The Legislature declares that it is the
policy of this State and the purpose of NRS 445A.300
to 445A.730, inclusive:
(a) To maintain the quality of the waters of the
State consistent with the public health and enjoyment, the propagation and
protection of terrestrial and aquatic life, the operation of existing
industries, the pursuit of agriculture, and the economic development of the State;
and
(b) To encourage and promote the use of methods
of waste collection and pollution control for all significant sources of water
pollution (including point and diffuse sources).
(Added to NRS by 1973, 1707; A 1979, 1026)
NRS 445A.310 Definitions. As
used in NRS 445A.300 to 445A.730,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 445A.315 to 445A.420,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1973, 1708; A 1977, 1141; 1979, 344, 1027, 1915; 1985, 763; 1991, 1742; 1995, 1585; 2001, 956; 2003, 2113)
NRS 445A.315 “Administrator” defined. “Administrator”
means the executive head of the Division.
(Added to NRS by 1977, 1141)
NRS 445A.320 “Commission” defined. “Commission”
means the State Environmental Commission.
(Added to NRS by 1973, 1708)
NRS 445A.325 “Contaminant” defined. “Contaminant”
means any physical, chemical, biological or radiological substance or matter
which is added to water.
(Added to NRS by 1985, 762)
NRS 445A.330 “Department” defined. “Department”
means the State Department of Conservation and Natural Resources.
(Added to NRS by 1973, 1708; A 1973, 1406; 1977, 1141)
NRS 445A.335 “Diffuse source” defined. “Diffuse
source” means any source of water pollution which is diffused to the extent
that it is not readily discernible and cannot be confined to a discrete
conveyance. This term is intended to be equivalent to the term “nonpoint
source” as used in federal statutes and regulations.
(Added to NRS by 1979, 1029)
NRS 445A.340 “Director” defined. “Director”
means the Director of the Department or the Director’s designee.
(Added to NRS by 1973, 1708)
NRS 445A.345 “Discharge” defined. “Discharge”
means any addition of a pollutant or pollutants to water.
(Added to NRS by 1973, 1708)
NRS 445A.350 “Division” defined. “Division”
means the Division of Environmental Protection of the Department.
(Added to NRS by 1977, 1141)
NRS 445A.355 “Effluent limitation” defined. “Effluent
limitation” means any applicable state and federal water quality standard or
limitation which imposes any restriction or prohibition on quantities, rates
and concentrations of chemical, physical, biological and other constituents
which are discharged from point sources into any waters of the State.
(Added to NRS by 1973, 1708)
NRS 445A.360 “General permit” defined. “General
permit” means a permit issued by the Department pursuant to NRS 445A.475.
(Added to NRS by 1991, 1741)
NRS 445A.363 “Hazardous waste” defined. “Hazardous
waste” has the meaning ascribed to it in NRS
459.430.
(Added to NRS by 2003, 2113)
NRS 445A.365 “Individual permit” defined. “Individual
permit,” except as otherwise provided in NRS 445A.385,
means any permit issued by the Department pursuant to NRS
445A.300 to 445A.730, inclusive, that is not a
general permit.
(Added to NRS by 1991, 1741)
NRS 445A.370 “Interstate agency” defined. “Interstate
agency” means an agency of two or more states:
1. Established by or pursuant to an
agreement or compact approved by the Congress of the United States; or
2. Having substantial powers or duties
pertaining to the control of pollution of waters.
(Added to NRS by 1973, 1708)
NRS 445A.375 “Municipality” defined. “Municipality”
means:
1. Any city, town, county, district,
association or other public body created by or pursuant to the law of this
State and having jurisdiction over disposal of sewage, industrial wastes or
other wastes; or
2. An Indian tribe or an authorized Indian
tribal organization.
(Added to NRS by 1973, 1708)
NRS 445A.380 “Package plant for sewage treatment” defined.
1. “Package plant for sewage treatment”
means any plant which:
(a) Consists of units or modules designed for
construction, assembly, connection and installation at the site for treatment
of sewage; and
(b) Is privately owned and will be operated to
treat wastewater and sewage for a limited area.
2. The term does not include:
(a) A plant for the treatment of domestic sewage
whose capacity is less than 5,000 gallons per day;
(b) Septic systems comprised of single or
multiple septic tanks and leach fields; or
(c) Systems operated for the pretreatment of
industrial wastewater before disposal to a publicly owned treatment plant.
(Added to NRS by 1979, 1912; A 1993, 909)
NRS 445A.385 “Permit” defined. “Permit”
includes a general permit, individual permit or temporary permit. The term does
not include a permit issued pursuant to NRS 445A.615
or 445A.625.
(Added to NRS by 1991, 1741)
NRS 445A.390 “Person” defined. “Person”
includes the United States, to the extent authorized by federal law, the State
or any agency or institution thereof, any municipality or other political
subdivision of this State or any interstate body.
(Added to NRS by 1973, 1708; A 1985, 516)
NRS 445A.395 “Point source” defined. “Point
source” means any discernible, confined and discrete conveyance, including but
not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete
fissure, container, rolling stock, concentrated animal feeding operation, or
vessel or other floating craft, from which pollutants are or may be discharged.
The term does not include return flows from irrigated agriculture.
(Added to NRS by 1973, 1708; A 1979, 1027)
NRS 445A.400 “Pollutant” defined. “Pollutant”:
1. Means dredged soil, solid waste,
incinerator residue, sewage, garbage, sewage sludge, munitions, chemical
wastes, biological materials, radioactive materials, heat, wrecked or discarded
equipment, rock, sand, cellar dirt and industrial, municipal and agricultural
waste discharged into water.
2. Does not mean water, gas or other
material which is injected into a well to facilitate production of oil or gas,
or water derived in association with oil or gas production and disposed of in a
well, if the well is used either for facilitating production or for disposal
purposes and if the Department determines that such injection or disposal will
not result in the degradation of ground or surface water resources.
3. Does not mean water, gas or other
material injected into a well or used to stimulate a reservoir of geothermal
resources if the Department determines that the injection or stimulation will
not result in the degradation of ground or surface water resources.
(Added to NRS by 1973, 1708; A 1981, 660)
NRS 445A.405 “Pollution” defined. “Pollution”
means the artificially made or artificially induced alteration of the chemical,
physical, biological and radiological integrity of water.
(Added to NRS by 1973, 1709)
NRS 445A.410 “Treatment works” defined. “Treatment
works” means:
1. Any devices and systems used in the
storage, treatment, recycling and reclamation of municipal sewage or industrial
wastes of a liquid nature, including intercepting sewers, outfall sewers,
sewage collection systems, pumping, power and other equipment, and their
appurtenances;
2. Extensions, improvements, remodeling,
additions, and alterations of any device or system mentioned in subsection 1;
3. Units essential to provide a reliable
recycled supply such as stand-by treatment units and clear well facilities;
4. Any works, including site acquisition
of the land that will be an integral part of the treatment process or is used
for ultimate disposal of residues resulting from such treatment; and
5. Any other method or system for
preventing, abating, reducing, storing, treating, separating or disposing of
municipal waste, including storm water runoff, industrial waste or waste in
combined storm water and sanitary sewer systems.
(Added to NRS by 1973, 1709)
NRS 445A.415 “Waters of the State” defined. “Waters
of the State” means all waters situated wholly or partly within or bordering
upon this State, including but not limited to:
1. All streams, lakes, ponds, impounding
reservoirs, marshes, water courses, waterways, wells, springs, irrigation
systems and drainage systems; and
2. All bodies or accumulations of water,
surface and underground, natural or artificial.
(Added to NRS by 1973, 1709)
NRS 445A.420 “Water quality standard” defined. “Water
quality standard” means the degree of pollution of water or the physical,
chemical or biological condition of water, as expressed numerically or
descriptively, used for controlling the quality of water in each segment of a
stream and each other body of surface water in this State.
(Added to NRS by 1973, 1709; A 1979, 1027)
NRS 445A.425 Powers and duties of Commission.
1. Except as specifically provided in NRS 445A.625 to 445A.645,
inclusive, the Commission shall:
(a) Adopt regulations carrying out the provisions
of NRS 445A.300 to 445A.730,
inclusive, including standards of water quality and amounts of waste which may
be discharged into the waters of the State.
(b) Adopt regulations providing for the
certification of laboratories that perform analyses for the purposes of NRS 445A.300 to 445A.730,
inclusive, to detect the presence of hazardous waste or a regulated substance
in soil or water.
(c) Adopt regulations controlling the injection
of fluids through a well to prohibit those injections into underground water,
if it supplies or may reasonably be expected to supply any public water system,
as defined in NRS 445A.840, which may result in
that system’s noncompliance with any regulation regarding primary drinking
water or may otherwise have an adverse effect on human health.
(d) Advise, consult and cooperate with other
agencies of the State, the Federal Government, other states, interstate
agencies and other persons in furthering the provisions of NRS 445A.300 to 445A.730,
inclusive.
(e) Determine and prescribe the qualifications
and duties of the supervisors and technicians responsible for the operation and
maintenance of plants for sewage treatment.
2. The Commission may by regulation
require that supervisors and technicians responsible for the operation and
maintenance of plants for sewage treatment be certified by the Department. The
regulations may include a schedule of fees to pay the costs of certification.
The provisions of this subsection apply only to a package plant for sewage
treatment whose capacity is more than 5,000 gallons per day and to any other
plant whose capacity is more than 10,000 gallons per day.
3. In adopting regulations, standards of
water quality and effluent limitations pursuant to NRS
445A.300 to 445A.730, inclusive, the
Commission shall recognize the historical irrigation practices in the
respective river basins of this State, the economy thereof and their effects.
4. The Commission may hold hearings, issue
notices of hearings, issue subpoenas requiring the attendance of witnesses and
the production of evidence, administer oaths and take testimony as it considers
necessary to carry out the provisions of this section and for the purpose of
reviewing standards of water quality.
5. As used in this section, “plant for
sewage treatment” means any facility for the treatment, purification or
disposal of sewage.
(Added to NRS by 1973, 1709; A 1979, 1027, 1915, 1916; 1981, 81; 1985, 763; 1991, 696; 2003, 2113)
NRS 445A.427 Analysis to detect hazardous waste or regulated substance to be
performed by certified laboratory; exception.
1. Except as otherwise provided in
subsection 2, any analysis performed to detect the presence of hazardous waste
or a regulated substance in soil or water as required for the purposes of NRS 445A.300 to 445A.730,
inclusive, must be performed by a laboratory certified pursuant to the
regulations adopted pursuant to NRS 445A.425.
2. The provisions of subsection 1 do not
apply to an analysis of waste that is managed by a facility for the management
of hazardous waste.
(Added to NRS by 2003, 2113)
NRS 445A.428 Commission to provide standards for certification of
laboratories for analysis of water; certified laboratory required to perform
certain analyses; evaluation.
1. The Commission shall provide by
regulation standards for the certification of laboratories for the analysis of
water pursuant to NRS 445A.300 to 445A.730, inclusive. An analysis required pursuant to
any provision of NRS 445A.300 to 445A.730, inclusive, must be performed by a certified
laboratory.
2. The certifying officer shall conduct an
evaluation at the site of each laboratory to determine whether the laboratory
is using the methods of analysis required by this section in an acceptable
manner, applying procedures required by regulation for the control of quality
and making results available in a timely manner.
3. For analyses required pursuant to NRS 445A.300 to 445A.730,
inclusive, the methods of analysis must comply with 40 C.F.R. Part 136.
4. A laboratory may be certified to
perform analyses for the presence of one or more specified contaminants, or to
perform all analyses required pursuant to NRS 445A.300
to 445A.730, inclusive.
(Added to NRS by 1995, 1584)
NRS 445A.430 Fees: Establishment by Commission; disposition.
1. The Commission shall prescribe a
schedule of reasonable fees for applications for permits under the provisions
of NRS 445A.465 to 445A.510,
inclusive, to defray the costs of processing applications for permits and
administering the program for reviewing applications and granting permits.
2. The Commission may establish reasonable
fees for the review of plans and specifications by the Director and for
services provided by the Division.
3. Fees collected pursuant to this section
must be deposited with the State Treasurer for credit to the appropriate
account of the Division and must be used in the administration of the program
for the control of water pollution provided for in NRS
445A.300 to 445A.730, inclusive.
(Added to NRS by 1989, 487)
NRS 445A.435 Notice of hearing on regulation which provides standard of water
quality or discharge of waste. If
a regulation which is to be considered by the Commission provides a standard of
water quality or waste discharge, notice of the hearing on the regulation must
be published at least once in a newspaper of general circulation in the area to
which the standard, if adopted, will apply.
(Added to NRS by 1973, 1710; A 1977, 69; 1981, 81)
NRS 445A.440 Department designated as State Water Pollution Control Agency. The Department is:
1. Designated as the State Water Pollution
Control Agency for this State for all purposes of federal water pollution
control legislation except that the Commission has the exclusive power to
promulgate rules and regulations as provided in NRS
445A.425; and
2. Authorized to take all action necessary
and appropriate to secure all the benefits of any federal legislation provided
in subsection 1.
(Added to NRS by 1973, 1710)
NRS 445A.445 Duties of Director. The
Director shall:
1. Administer and enforce the provisions
of NRS 445A.300 to 445A.730,
inclusive, all regulations adopted by the Commission, and all orders and
permits issued by the Department;
2. Examine and approve or disapprove plans
and specifications for the construction and operation of new treatment works
and extensions, modifications of or additions to new or existing treatment
works;
3. Develop comprehensive plans and
programs for preventing, reducing or eliminating pollution and controlling injections
through a well to prevent the degradation of existing or potential underground
sources of drinking water, with due regard to the improvements which are
necessary to conserve waters for the protection and propagation of fish and
aquatic life, wildlife, recreational purposes, public water supply,
agricultural, industrial and other purposes; and
4. Certify all costs and expenditures for
any facility, land, building, machinery, equipment, treatment works or disposal
systems which are acquired, constructed or installed in conformity with the
purposes of NRS 445A.300 to 445A.730, inclusive.
(Added to NRS by 1973, 1710; A 1977, 1141; 1979, 1916; 1981, 81; 1985, 764)
NRS 445A.450 Powers of Director. The
Director may:
1. Perform any acts consistent with the
requirements of state and federal legislation concerning the control of the
injection of fluids through a well and the control of water pollution and
conditions thereof relating to participation in and administration by this
State of the National Pollutant Discharge Elimination System;
2. Advise, consult and cooperate with
other agencies of the State, the Federal Government, other states, interstate
agencies and with other persons in furthering the purposes of NRS 445A.300 to 445A.730,
inclusive;
3. Take the steps necessary to qualify
for, accept and administer loans and grants from the Federal Government and
from other sources, public or private, for carrying out any functions under NRS 445A.300 to 445A.730,
inclusive;
4. Award subgrants to eligible persons to
assist the Director in carrying out any functions under NRS
445A.300 to 445A.730, inclusive;
5. Encourage, request, participate in or
conduct studies, surveys, investigations, research, experiments, demonstrations
and pilot programs by contract, grant or other means;
6. Maintain or require supervisors and
operators of treatment plants which are privately owned or owned by a
municipality or other public entity to maintain records and devices for
continuing observation and establish or require these supervisors and operators
to establish procedures for making inspections and obtaining samples necessary
to prepare reports;
7. Collect and disseminate information to
the public as the Director considers advisable and necessary for the discharge
of his or her duties under NRS 445A.300 to 445A.730, inclusive;
8. Hold hearings and issue subpoenas
requiring the attendance of witnesses and the production of evidence as the
Director finds necessary to carry out the provisions of NRS
445A.300 to 445A.730, inclusive;
9. Exercise all incidental powers
necessary to carry out the purposes of NRS 445A.300
to 445A.730, inclusive; and
10. Delegate to the Division any function
or authority granted to the Director under NRS
445A.300 to 445A.730, inclusive.
(Added to NRS by 1985, 762; A 2009, 636)
NRS 445A.455 Disqualification of Director; exception.
1. The Director shall not be a person who
receives or has during the previous 2 years received a significant portion of
his or her income, as defined by any applicable state or federal law, directly
or indirectly from one or more holders of or applicants for a permit required
by NRS 445A.300 to 445A.730,
inclusive.
2. The disqualification provided in this
section does not apply with respect to significant income received from any
department or agency of state government which may be a holder of or an
applicant for a permit required by NRS 445A.300 to
445A.730, inclusive.
(Added to NRS by 1973, 1711; A 1975, 1404)
NRS 445A.460 Administrator: Qualifications; disqualification; exception.
1. The Administrator shall be selected
with special reference to his or her training, experience, capacity and
interest in the field of environmental protection and ability to administer and
direct the work of a public agency.
2. The Administrator shall not be a person
who receives or has received during the previous 2 years a significant portion
of his or her income, as defined by any applicable state or federal law,
directly or indirectly from one or more holders of or applicants for a permit
required by NRS 445A.300 to 445A.730, inclusive. The disqualification provided in
this subsection does not apply with respect to significant income received from
any department or agency of state government which may be a holder of or an
applicant for such a permit.
(Added to NRS by 1977, 1141)
NRS 445A.465 Injection of fluids through well or discharge of pollutant
without permit prohibited; regulations.
1. Except as authorized by a permit issued
by the Department pursuant to the provisions of NRS
445A.300 to 445A.730, inclusive, and regulations
adopted by the Commission, it is unlawful for any person to:
(a) Discharge from any point source any pollutant
into any waters of the State or any treatment works.
(b) Inject fluids through a well into any waters
of the State.
(c) Discharge from a point source a pollutant or
inject fluids through a well that could be carried into the waters of the State
by any means.
(d) Allow a pollutant discharged from a point
source or fluids injected through a well to remain in a place where the
pollutant or fluids could be carried into the waters of the State by any means.
2. The Commission shall adopt regulations
which provide a simplified procedure for approval by the Department of permits
that are required by subsection 1 for work related to clearing and maintaining
the channel of a navigable river, including, without limitation, dredging or
filling, bank stabilization or restoration, channel clearance, construction of
irrigation diversions or the clearance of vegetation, debris or temporary
obstructions. The regulations must include a limitation on the time allowed for
the processing of an application for such a permit to not more than 60 days
after receipt by the Department of a completed application and any required
fees, unless the Administrator determines that it is in the public interest to
hold a public hearing regarding the application and promptly notifies the
applicant of that determination.
(Added to NRS by 1973, 1711; A 1985, 765; 1991, 857, 1742, 1743; 1997, 1262)
NRS 445A.470 Restrictions on regulation concerning injection of fluid through
well or permit issued for injections. Any
regulation concerning injections of fluids through a well or any permit issued
for the purpose of such an injection may not interfere with or impede the
injection of material into a well to facilitate production of oil or gas or an
injection to dispose of brine, water or other fluids which were brought to the
surface in connection with the production of oil or gas, if the well is used
either for facilitating production or for disposal and if the Department
determines that this injection or disposal will not result in the degradation
of underground or surface water.
(Added to NRS by 1985, 763)
NRS 445A.475 Permits: Issuance of general permits. A
general permit may be issued for a category of discharges or injections of
fluids through a well which:
1. Corresponds with an existing
geographical or political boundary;
2. Involves the same or similar types of
discharge or injection;
3. Requires the same limitations or
conditions in a permit;
4. Requires the same or similar
monitoring; or
5. In the opinion of the Department, is
more appropriately regulated by a general permit rather than an individual
permit.
(Added to NRS by 1991, 1741)
NRS 445A.480 Permits: Authority of Department to require individual permit.
1. The Department may require the holder
of a general permit to apply for and obtain an individual permit.
2. An individual permit may be required by
the Department in any of the following cases, without limitation:
(a) If the discharge or injection of fluids
through a well is not in compliance with the conditions of the general permit.
(b) If a change in circumstances has occurred and
the general permit is no longer applicable.
(c) If the Department determines that the
discharge or injection of fluids is a significant or potentially significant
contributor of pollutants. In making this determination, the Department may
consider:
(1) The location of the discharge or
injection;
(2) The size of the discharge or
injection; and
(3) The quantity and nature of the
pollutants discharged or injected.
(Added to NRS by 1991, 1741)
NRS 445A.485 Permits: Issuance of temporary permits. The
Department may issue a temporary permit for the discharge of pollutants or the
injection of fluids through a well. The permit is valid for not more than 180
days.
(Added to NRS by 1991, 1741; A 1993, 2790)
NRS 445A.490 Permits: Issuance prohibited in certain cases. No permit may be issued which authorizes any
discharge or injection of fluids through a well into any waters of the State:
1. Of any radiological, chemical or
biological warfare agent or high-level radioactive waste;
2. Which would substantially impair
anchorage and navigation in any waters of the State;
3. Which would result in the degradation
of existing or potential underground sources of drinking water;
4. Which is inconsistent with an applicable
areawide plan for management of the treatment of waste; or
5. Which the Director determines is
inconsistent with the regulations and guidelines adopted by the Commission
pursuant to NRS 445A.300 to 445A.730, inclusive, including those relating to
standards of water quality and injections of fluids through a well.
(Added to NRS by 1973, 1711; A 1985, 766)
NRS 445A.495 Permits: Term; renewal. The
Department may issue permits for fixed terms not to exceed 5 years, but a
permit to operate a package plant for sewage treatment must be reviewed
annually by the Department. In compliance with the regulations adopted by the
Commission, the Department may issue a new permit upon expiration of an
existing permit if:
1. The holder of the permit is in full or
substantial compliance with all the requirements and schedules of compliance of
the expired permit;
2. The Department has current information
on the nature and frequency of the discharge or injection of fluids through a
well by a holder of a permit, either pursuant to the submission of new forms
and applications or pursuant to continuing observation of records and reports
submitted to the Department by the holder of the permit; and
3. The discharge or injection of fluids
through a well is consistent with applicable effluent limitations, standards of
water quality and other applicable requirements set forth in NRS 445A.300 to 445A.730,
inclusive.
(Added to NRS by 1973, 1712; A 1979, 1917; 1985, 766)
NRS 445A.500 Permits: Conditions; notice of application.
1. Each permit issued by the Department
must ensure compliance with the following factors whenever applicable to the
discharge or the injection of fluids through a well for which the permit is
sought:
(a) Effluent limitations;
(b) Standards of performance for new sources;
(c) Standards for pretreatment;
(d) Standards for injections of fluids through a
well; and
(e) Any more stringent limitations, including any
necessary to meet or effectuate standards of water quality, standards of
treatment or schedules of compliance developed by the Department as part of a
continuing planning process or areawide plan for the management of the
treatment of waste under NRS 445A.580 or in
furthering the purposes and goals of NRS 445A.300
to 445A.730, inclusive.
2. Each permit must specify average and
maximum daily or other appropriate quantitative limitations for the level of
pollutants or contaminants in the authorized discharge or injection.
3. If an application is made to discharge
from a point source into any waters of this State which flow directly or
ultimately into an irrigation reservoir upstream from which are located urban
areas in two or more counties and if each county has a population of 55,000 or
more, the Department must give notice of the application to each city, county,
unincorporated town and irrigation district located downstream from the point
of discharge. Notice to an unincorporated town must be given to the town board
or advisory council if there is one.
(Added to NRS by 1973, 1712; A 1981, 1581; 1985, 766; 1989, 1927; 2001, 1991; 2011, 1261)
NRS 445A.505 Permits: Report by holder of permit of new or increased
discharges; reapplication.
1. A holder of a permit for a publicly
owned treatment works shall notify and supply the Department with information
concerning any new or increased introduction of pollutants into the treatment
works.
2. All holders of permits issued under NRS 445A.465 to 445A.510,
inclusive, whose production increases, or whose process modifications or
facility expansion result in new or increased discharges or injections of
fluids through a well shall report such changes by submitting a new application
for a permit to the Department.
(Added to NRS by 1973, 1712; A 1985, 767)
NRS 445A.510 Permits: Collection of fee. In
accordance with the schedule of fees prescribed by the Commission, the
Department shall charge each applicant a fee for an application for a permit.
(Added to NRS by 1973, 1712; A 1985, 716; 1989, 488)
NRS 445A.515 Compliance with conditions of permit required. If any discharge does not comply with the
provisions of NRS 445A.500 and 445A.505, the Department shall require the permit
holder to take specific steps to comply therewith.
(Added to NRS by 1973, 1713)
NRS 445A.520 Standards of water quality.
1. The Commission shall establish water
quality standards at a level designed to protect and ensure a continuation of
the designated beneficial use or uses which the Commission has determined to be
applicable to each stream segment or other body of surface water in the State.
2. The Commission shall base its water
quality standards on water quality criteria which numerically or descriptively
define the conditions necessary to maintain the designated beneficial use or
uses of the water. The water quality standards must reflect water quality
criteria which define the conditions necessary to support, protect and allow
the propagation of fish, shellfish and other wildlife and to provide for
recreation in and on the water if these objectives are reasonably attainable.
3. The Commission may establish water
quality standards for individual segments of streams or for other bodies of
surface water which vary from standards based on recognized criteria if such
variations are justified by the circumstances pertaining to particular places,
as determined by biological monitoring or other appropriate studies.
(Added to NRS by 1973, 1713; A 1979, 1028)
NRS 445A.525 Effluent limitations: Establishment; enforcement.
1. Effluent limitations shall be
established and enforced for point sources, including publicly owned treatment
works, which require the application of the best practicable control
economically achievable.
2. In the case of a discharge into a
publicly owned treatment plant in existence on July 1, 1977, or federally
approved prior to June 30, 1974, effluent limitations shall be established and
enforced which comply with applicable pretreatment requirements or are based
upon secondary treatment as federally defined.
(Added to NRS by 1973, 1713)
NRS 445A.530 Effluent limitations: Additional limitations. If more stringent limitations are needed,
including those necessary to meet water quality standards, treatment standards
or schedules of compliance established pursuant to the laws of this State or
any other federal law or regulation, or are required to implement any
applicable water quality standard established by the Commission pursuant to NRS 445A.300 to 445A.730,
inclusive, such limitations shall be established and enforced.
(Added to NRS by 1973, 1713)
NRS 445A.535 Package plant for sewage treatment: Exemption from provisions of
NRS 445A.540 to 445A.560,
inclusive. Any public utility
subject to the jurisdiction of the Public Utilities Commission of Nevada which
is providing sewerage on June 7, 1979, is exempt from the provisions of NRS 445A.540 to 445A.560,
inclusive.
(Added to NRS by 1979, 1913; A 1987, 717; 1997, 1995)
NRS 445A.540 Package plant for sewage treatment: Conditions for issuing
permit. A permit to discharge
water from a package plant for sewage treatment may not be issued unless all of
the following conditions are met:
1. Neither of the following is available:
(a) Sewerage provided by a public utility; or
(b) Sewerage provided by a municipality or other
public entity.
2. The applicant fully complies with all
of the conditions of NRS 445A.465 to 445A.515, inclusive.
3. The local governing body assumes:
(a) Responsibility in case of default by the
builder or developer for the continued operation and maintenance of the plant
in accordance with all of the terms and conditions of the permit.
(b) The duty of assessing the lands served as
provided in subsection 5.
4. The applicant furnishes the local
governing body sufficient surety in the form of a bond, certificate of deposit,
investment certificate or any other form acceptable to the governing body, to
ensure the continued maintenance and operation of the plant:
(a) For 5 years following the date the plant is
placed in operation; or
(b) Until 75 percent of the lots or parcels
served by the plant are sold,
Ê whichever is
later.
5. The owners of the lands to be served by
the package plant for sewage treatment record a declaration of covenants,
conditions and restrictions, which is an equitable servitude running with the
land and which must provide that each lot or parcel will be assessed by the
local governing body for its proportionate share of the cost of continued
operation and maintenance of the plant if there is a default by the applicant
or operator of the plant and a sufficient surety, as provided in subsection 4,
is not available.
6. The declaration of covenants,
conditions and restrictions recorded by the owners further provides that if the
local governing body determines that:
(a) The plant is not satisfactorily serving the
needs of its users; and
(b) Sewerage provided by a public utility or a
municipality or other public entity is reasonably available,
Ê the local
governing body may require all users of a package plant for sewage treatment to
connect into the available sewers provided by a utility or a municipality or
other public entity, and each lot or parcel will be assessed by the local
governing body for its proportionate share of the cost of connecting into those
sewers. These assessments are not subject to the jurisdiction of the Public
Utilities Commission of Nevada.
7. Provision has been made for disposition
of the plant and the land on which it is situated after the local governing
body requires all users to connect into available sewers provided by a public
utility or a municipality or other public entity.
(Added to NRS by 1979, 1913; A 1987, 717; 1997, 1995)
NRS 445A.545 Package plant for sewage treatment: Assessment lien. No lien for the assessments provided by the
covenants, conditions and restrictions described in NRS
445A.540 is binding upon the property until the local governing body, after
a hearing, establishes the costs, apportions them to each lot or parcel and
records a notice of lien in the office of the county recorder in the county in
which the property is located.
(Added to NRS by 1979, 1914)
NRS 445A.550 Package plant for sewage treatment: Deposit and expenditure of
proceeds of assessments; refund of surplus.
1. The proceeds of any assessments upon
lots or parcels must be deposited with the treasurer of the local governing
body which received them, and they may be expended only for the following
purposes:
(a) Continued maintenance and operation of the
package plant for sewage treatment;
(b) Replacement of the plant if necessary; and
(c) Payment of the costs of connection to any
sewer provided by a public utility or a municipality or other public entity
that becomes reasonably available.
2. If any surplus exists in the proceeds
of assessments after all purposes of the assessments have been fully met, the
surplus must be refunded to the persons who paid the assessments, in the
proportion that their respective assessments bear to the gross proceeds of all
assessments collected by the local governing body.
(Added to NRS by 1979, 1914)
NRS 445A.555 Package plant for sewage treatment: Remedy for violation of
conditions of permit; assumption of control of plant by local governing body.
1. If the Department has found that any of
the conditions of a permit to discharge water from a package plant for sewage
treatment are being violated and has notified the holder of the permit that the
holder must bring the plant into compliance, but the holder of the permit has
failed to comply within a reasonable time after the date of the notice, the
local governing body may take the following actions independently of any
further action by the Department:
(a) Give written notice, by certified mail, to
the owner of the plant and the owners of the property served by the plant that
if the violation is not corrected within 30 days after the date of the notice,
the local governing body will seek a court order authorizing it to assume
control; and
(b) After the 30-day period has expired, if the
plant has not been brought into compliance, apply to the district court for an
order authorizing the local governing body to assume control of the plant and
assess the property for the continued operation and maintenance of the plant as
provided in subsection 5 of NRS 445A.540.
2. If the local governing body determines
at any time that immediate action is necessary to protect the public health and
welfare, it may assume physical control and operation of a package plant for
sewage treatment without complying with any of the requirements set forth in
subsection 1. The local governing body may not maintain control of the plant
pursuant to this subsection for a period greater than 30 days unless it obtains
an order from the district court authorizing an extension.
(Added to NRS by 1979, 1914)
NRS 445A.560 Package plant for sewage treatment: Regulation by local
governing body. No provision of
this chapter prevents:
1. A local governing body or a health
district from imposing its own conditions for approval of the operation of any
package plant for sewage treatment located within its jurisdiction, which may
be more stringent than those authorized by this chapter.
2. A local governing body from requiring
the prior approval of proposed package plants for sewage treatment by a local
committee created for this purpose.
3. A local governing body from converting connections
to package plants for sewage treatment into connections to sewers provided by a
public utility or a municipality or other public entity.
(Added to NRS by 1979, 1914)
NRS 445A.565 Protection of surface waters of higher quality; treatment of and
control over discharges constituting new or increased sources of pollution.
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)
NRS 445A.570 Controls for diffuse sources: Conditions; delegation of
administration to county or city.
1. The Commission may prescribe controls
for diffuse sources as follows:
(a) To any diffuse source existing on July 1,
1979, if the Director determines that the source is significantly causing or
adding to water pollution in violation of a water quality standard.
(b) To any diffuse source created after July 1,
1979, if controls are necessary to prevent the degradation of any water of high
quality in the waters of the State.
2. The Department shall delegate, to each
county or city which so requests, other than a county to which NRS 244A.571 and 244A.573 apply or a city within such a
county, the Administration of the Department’s controls of diffuse sources, if
the Director finds that the county or city has the necessary money and staff to
administer the program effectively. If such a delegation is made both to a
county and to a city within it, the city has authority within its corporate
limits and the county has authority outside those limits.
(Added to NRS by 1979, 1029)
NRS 445A.575 Unlawful discharge of radiological, chemical or biological
warfare agent or high-level radioactive waste. It
is unlawful to discharge any radiological, chemical or biological warfare agent
or high-level radioactive waste into any waters of the State.
(Added to NRS by 1973, 1713)
NRS 445A.580 Continuing planning process. The
Department shall establish a continuing planning process consistent with all
applicable federal requirements which results in plans for all waters of the
State and includes:
1. Adequate effluent limitations and
schedules of compliance;
2. The incorporation of all elements of
any applicable areawide plans for management of waste and plans for basins
under NRS 445A.300 to 445A.730,
inclusive;
3. Total maximum daily load for pollutants
and contaminants;
4. Procedures for revision of the plans;
5. Adequate authority for
intergovernmental cooperation;
6. Adequate implementation, including
schedules of compliance, for revised or new standards of water quality;
7. Controls over the disposition of all
residual waste from any treatment of water;
8. An inventory and ranking, in order of
priority, of needs for construction of treatment works; and
9. Controls over the injection of fluids
through a well to prevent the degradation of underground water.
(Added to NRS by 1973, 1713; A 1985, 767)
NRS 445A.585 Permit required for construction of treatment works. A person shall not begin the construction of
any treatment works without a permit issued by the Department.
(Added to NRS by 1973, 1714; A 1981, 1582)
NRS 445A.590 Permits: Notice of application.
1. The Department shall notify each
interested person and appropriate governmental agency of each complete
application for a permit, and shall provide them an opportunity to submit their
written views and recommendations thereon. The provisions of this subsection do
not apply to an application for a temporary permit issued pursuant to NRS 445A.485.
2. Notification must be in the manner
provided in the regulations adopted by the Commission pursuant to applicable
federal law.
3. If the treatment works are to discharge
into any waters of this State which flow directly or ultimately into an
irrigation reservoir upstream from which are located urban areas in two or more
counties and if each county has a population of 55,000 or more, the Department
must include in its notification each city, county, unincorporated town and
irrigation district located downstream from the point of discharge. Notice to
an unincorporated town must be given to the town board or advisory council if
there is one.
(Added to NRS by 1973, 1714; A 1981, 1582; 1989, 1927; 1991, 1742; 2001, 1991; 2011, 1262)
NRS 445A.595 Permits: Request for public hearing on application; notice of
hearing. The Commission shall
provide by regulation:
1. An opportunity for each permit
applicant, interested agency, city, county or irrigation district located
downstream from the point of discharge, or any person to request a public
hearing conducted by the Director with respect to each permit application; and
2. For public notice of the hearing, at
least 30 days before the date of the hearing.
Ê The
provisions of this section do not apply to an application for a temporary
permit issued pursuant to NRS 445A.485.
(Added to NRS by 1973, 1714; A 1977, 69; 1981, 1582; 1991, 1742)
NRS 445A.600 Revocation, modification or suspension of permits: Grounds;
effective date; petition for modification.
1. Any permit issued under NRS 445A.495 to 445A.510,
inclusive, may be revoked, modified or suspended in whole or in part during its
term for cause including but not limited to the following:
(a) Violating any terms or conditions of the
permit;
(b) Obtaining a permit by misrepresentation or
failure to disclose fully all relevant facts; or
(c) A change in conditions, or the existence of a
condition, which requires either a temporary or permanent reduction or an
elimination of the permitted activity.
Ê Any such
revocation, modification or suspension is effective no later than 30 days after
the permit holder receives written notice, issued by the Director, of the facts
or conduct warranting such action.
2. Any permit issued under NRS 445A.495 to 445A.510,
inclusive, may be modified by the Director during its term if the permit holder
petitions the Director requesting a modification.
(Added to NRS by 1973, 1714; A 1977, 796)
NRS 445A.605 Appeals to Commission: Appealable matters; action by Commission.
1. Any person aggrieved by:
(a) The issuance, denial, renewal, suspension or
revocation of a permit; or
(b) The issuance, modification or rescission of
any other order,
Ê by the
Director may appeal to the Commission.
2. The Commission shall affirm, modify or
reverse any action of the Director which is appealed to it.
(Added to NRS by 1973, 1714; A 1979, 1028)
NRS 445A.610 Appeals to Commission: Hearings.
1. Within 20 days after receipt of the
notice of appeal provided for in NRS 445A.605, the
Commission shall hold a hearing.
2. Notice of the hearing shall be given to
all affected parties no less than 5 days prior to the date set for the hearing.
3. The Commission may sit en banc or in
panels of three or more to conduct hearings.
4. The attendance of witnesses and the
production of documents may be subpoenaed by the Commission at the request of
any party. Witnesses shall receive the fees and mileage allowed witnesses in
civil cases. Costs of subpoenas shall be taxed against the requesting party.
5. All testimony shall be given under
oath, and recorded verbatim by human or electronic means.
6. Costs of transcribing proceedings of
the Commission shall be taxed against the requesting party.
(Added to NRS by 1973, 1714)
NRS 445A.615 Issuance of permit for Department of Wildlife to kill fish
through use of toxicants.
1. The Director may issue a permit to the
Department of Wildlife to kill fish through the use of toxicants.
2. The permit must indicate the terms and
conditions under which the use of toxicants may take place.
(Added to NRS by 1973, 1715; A 1979, 910; 1987, 563; 1993, 1622; 2003, 1564)
NRS 445A.620 Certification of applicant if federal license or permit
required.
1. The Director may grant, deny or waive,
in compliance with regulations prescribed by the Commission, certification of
an applicant with respect to facilities or activities within the State for
which a federal license or permit is required.
2. No action may be taken by the Director
until there has been public notice and an opportunity for a public hearing.
(Added to NRS by 1973, 1715)
NRS 445A.625 Radioactive and hazardous wastes: Permit to discharge, deposit,
generate or dispose of required. The
Department may issue, pursuant to NRS 445A.630, 445A.635 and 445A.640, a
written permit to an applicant for that person to discharge, deposit, generate
or dispose of any radioactive or hazardous waste.
(Added to NRS by 1973, 1715; A 1995, 1037; 2003, 2114)
NRS 445A.630 Radioactive and hazardous wastes: Conditions of permit.
1. The Department may include in any
permit issued pursuant to NRS 445A.625, such
reasonable terms and conditions as are from time to time required for the
purposes of NRS 445A.300 to 445A.730, inclusive.
2. The terms or conditions which may be
imposed include, without limitation:
(a) Duration of use or operation;
(b) Monitoring or reporting the volume of
discharge or disposal; and
(c) Treatment of wastes.
(Added to NRS by 1973, 1715)
NRS 445A.635 Radioactive and hazardous wastes: Bond for compliance with
permit. The permit holder shall,
as a condition of receiving a permit, deposit with the State Treasurer a bond,
with or without surety as the Department may in its discretion require, or
other security to assure that the permitted activities will be conducted in
compliance with the terms and conditions of the permit and that upon
abandonment, cessation or interruption of the permitted activities or
facilities, appropriate measures will be taken to protect the waters of the
State.
(Added to NRS by 1973, 1715)
NRS 445A.640 Radioactive and hazardous wastes: Permit does not relieve holder
of any legal duty or liability. No
permit issued pursuant to NRS 445A.625 relieves
any person of any duty or liability to the State or to any other person
existing or arising under any statute or under common law.
(Added to NRS by 1973, 1715)
NRS 445A.645 Radioactive and hazardous wastes: Violations; penalties.
1. Any person who violates the provisions
of NRS 445A.625 to 445A.645,
inclusive, or the terms and conditions specified in a permit issued under NRS 445A.625 to 445A.645,
inclusive, is guilty of a gross misdemeanor.
2. Each day of violation is a separate
offense.
(Added to NRS by 1973, 1715)
NRS 445A.650 Municipality may recover cost of sewage treatment and refuse to
receive wastes. Any municipality
may, with respect to any sewage collection, treatment or disposal facilities or
projects:
1. Provide through the establishment and
collection of rates, fees and charges for payment to that municipality by the
industrial users of the sewage treatment works of that facility or project of
the portion of any federal share of the cost of construction of those works
allocable to the treatment of industrial waste in accordance with section 204(b)(1)(B)
of the Federal Water Pollution Control Act Amendments of 1972 (33 U.S.C. §
1284(b)(1)(B)), as amended from time to time.
2. After notice of noncompliance and an
opportunity for a public hearing, refuse to receive any sewage, liquid waste,
solid waste, industrial waste, night soil or any other waste from any other
municipality which fails to comply with any provision of an approved plan for
areawide waste treatment management prepared pursuant to section 208 of the
Federal Water Pollution Control Act Amendments of 1972 (33 U.S.C. § 1288), as
amended from time to time.
(Added to NRS by 1979, 343)
NRS 445A.655 Entry and inspection of premises. To
enforce the provisions of NRS 445A.300 to 445A.730, inclusive, or any regulation, order or
permit issued thereunder, the Director or authorized representative of the
Department may, upon presenting proper credentials:
1. Enter any premises in which any act
violating NRS 445A.300 to 445A.730,
inclusive, originates or takes place or in which any required records are
required to be maintained;
2. At reasonable times, have access to and
copy any records required to be maintained;
3. Inspect any equipment or method for
continuing observation; and
4. Have access to and sample any
discharges or injection of fluids into waters of the State which result
directly or indirectly from activities of the owner or operator of the premises
where the discharge originates or takes place or the injection of fluids
through a well takes place.
(Added to NRS by 1973, 1715; A 1985, 768)
NRS 445A.660 Observation, recording and reporting of discharges. The Commission may by regulation, and the
Department may by order or permit, require any person injecting or causing an
injection of fluids through a well or the owner or operator of any source of a
discharge into waters of the State or into treatment works to:
1. Establish and maintain such records;
2. Make such reports;
3. Install, calibrate, use and maintain
such equipment or methods for continuing observation, including where
appropriate, biological methods for continuing observation;
4. Sample such discharges or injections of
fluids in accordance with such methods, at such locations, at such intervals
and in such manner; and
5. Provide such other information relating
to injections or discharges into waters of the State,
Ê as the
Director prescribes or as is necessary to determine the existence, nature and
frequency of any injections through a well or any discharges into waters of the
State or into treatment works.
(Added to NRS by 1973, 1716; A 1985, 768)
NRS 445A.665 Public access to information; disclosure of confidential
information.
1. Any records, reports or information
obtained under NRS 445A.300 to 445A.730, inclusive, must be available to the public
for inspection and copying unless the Director considers the record, report or
information or part thereof as confidential on a satisfactory showing that the
information contained therein, other than information describing a discharge
into the waters of the State or injection of contaminants through a well, is
entitled to protection as a trade secret of the informant.
2. Any record, report or information
treated as confidential may be disclosed or transmitted to other officers,
employees or authorized representatives of this State or the United States who:
(a) Carry out the provisions of NRS 445A.300 to 445A.730,
inclusive; or
(b) Consider the information relevant in any
proceeding under NRS 445A.300 to 445A.730, inclusive, and the information is
admissible under the rules of evidence.
(Added to NRS by 1973, 1716; A 1985, 769)
NRS 445A.670 Attorney General to serve as legal counsel. The Attorney General shall serve as legal
counsel for the Commission and the Department and shall, at the request of the
Director, assist in the enforcement of the provisions of NRS 445A.300 to 445A.730,
inclusive.
(Added to NRS by 1973, 1716)
NRS 445A.675 Violations: Remedies and sanctions; exception.
1. Except as otherwise provided in NRS 445A.707, if the Director finds that any person
is engaged or is about to engage in any act or practice which violates any
provision of NRS 445A.300 to 445A.730, inclusive, any standard or other regulation
adopted by the Commission pursuant to those sections, or any permit issued by
the Department pursuant to those sections, except for any violation of a
provision concerning a diffuse source, the Director may:
(a) Issue an order pursuant to NRS 445A.690;
(b) Commence a civil action pursuant to NRS 445A.695 or 445A.700;
or
(c) Request that the Attorney General institute
by indictment or information a criminal prosecution pursuant to NRS 445A.705 and 445A.710.
2. The remedies and sanctions specified in
subsection 1 are cumulative, and the institution of any proceeding or action
seeking any one of the remedies or sanctions does not bar any simultaneous or
subsequent action or proceeding seeking any other of the remedies or sanctions.
(Added to NRS by 1973, 1716; A 1979, 1028; 2001, 956)
NRS 445A.680 Violations: Provisions concerning surface waters of higher
quality and diffuse sources; remedies; exception. Except
as otherwise provided in NRS 445A.707, if the
Director finds that any person is engaged or about to engage in any act or
practice which violates any provision of NRS 445A.565
and 445A.570, or any standard or other regulation
adopted pursuant thereto, with respect to a diffuse source, the Director may:
1. Issue an order:
(a) Specifying the provision or provisions of NRS 445A.300 to 445A.730,
inclusive, or the regulation or order alleged to be violated or about to be
violated;
(b) Indicating the facts alleged which constitute
a violation thereof; and
(c) Prescribing the necessary corrective action
to be taken and a reasonable period for completing that corrective action,
Ê but no civil
or criminal penalty may be imposed for failure to obey the order.
2. If the corrective action is not taken
or completed, or without first issuing an order, commence a civil action
pursuant to NRS 445A.695.
(Added to NRS by 1979, 1030; A 2001, 957)
NRS 445A.685 Violations: Specific remedies do not impair other rights. No remedy or sanction provided for in NRS 445A.300 to 445A.730,
inclusive, impairs any right which the Director or any person has under any
statute or common law.
(Added to NRS by 1973, 1717)
NRS 445A.690 Violations: Compliance orders; exception.
1. Except as otherwise provided in NRS 445A.707, if the Director finds that any person
is engaged or is about to engage in any act or practice which constitutes or
will constitute a violation of any provision of NRS
445A.300 to 445A.730, inclusive, or of any
rule, regulation or standard promulgated by the Commission, or of any permit or
order issued by the Department pursuant to NRS
445A.300 to 445A.730, inclusive, the Director
may issue an order:
(a) Specifying the provision or provisions of NRS 445A.300 to 445A.730,
inclusive, or the regulation or order alleged to be violated or about to be
violated;
(b) Indicating the facts alleged which constitute
a violation thereof; and
(c) Prescribing the necessary corrective action
to be taken and a reasonable period for completing that corrective action.
2. Any compliance order is final and is
not subject to review unless the person against whom the order is issued,
within 30 days after the date on which the order is served, requests by written
petition a hearing before the Commission.
(Added to NRS by 1973, 1717; A 2001, 957)
NRS 445A.695 Violations: Injunctive relief; exception.
1. Except as otherwise provided in NRS 445A.707, the Director may seek injunctive relief
in the appropriate court to prevent the continuance or occurrence of any act or
practice which violates any provision of NRS 445A.300
to 445A.730, inclusive, or any permit, rule,
regulation or order issued pursuant thereto.
2. On a showing by the Director that a
person is engaged, or is about to engage, in any act or any practice which
violates or will violate any of the provisions of NRS
445A.300 to 445A.730, inclusive, or any rule,
regulation, standard, permit or order issued pursuant to those provisions, the
court may issue, without bond, any prohibitory and mandatory injunctions that
the facts may warrant, including temporary restraining orders issued ex parte
or, after notice and hearing, preliminary injunctions or permanent injunctions.
3. Failure to establish lack of an
adequate remedy at law or irreparable harm is not a ground for denying a
request for a temporary restraining order or injunction.
4. The court may require the posting of a
sufficient performance bond or other security to ensure compliance with the
court order within the period prescribed.
(Added to NRS by 1973, 1717; A 2001, 957)
NRS 445A.700 Violations: Civil penalties.
1. Except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, a person who
violates or aids or abets in the violation of any provision of NRS 445A.300 to 445A.730,
inclusive, or of any permit, regulation, standard or final order issued
thereunder, except a provision concerning a diffuse source, shall pay a civil
penalty of not more than $25,000 for each day of the violation. The civil
penalty imposed by this subsection is in addition to any other penalties
provided pursuant to NRS 445A.300 to 445A.730, inclusive.
2. Except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, in addition to the
penalty provided in subsection 1, the Department may recover from the person
actual damages to the State resulting from the violation of NRS 445A.300 to 445A.730,
inclusive, any regulation or standard adopted by the Commission, or permit or
final order issued by the Department, except the violation of a provision
concerning a diffuse source.
3. Damages may include:
(a) Any expenses incurred in removing, correcting
and terminating any adverse effects resulting from a discharge or the injection
of contaminants through a well; and
(b) Compensation for any loss or destruction of
wildlife, fish or aquatic life.
(Added to NRS by 1973, 1717; A 1979, 1030; 1985, 769; 1987, 174; 1997, 1080)
NRS 445A.705 Violations: Criminal penalties.
1. Except as otherwise provided in NRS 445A.710 or unless a greater penalty is
prescribed by NRS 459.600, a person who
intentionally or with criminal negligence violates NRS
445A.465 or 445A.575, any limitation
established pursuant to NRS 445A.525 and 445A.530, the terms or conditions of a permit issued
pursuant to NRS 445A.495 to 445A.515, inclusive, or any final order issued under NRS 445A.690, except a final order concerning a
diffuse source, is guilty of a gross misdemeanor and shall be punished by a
fine of not more than $25,000 for each day of the violation or by imprisonment
in the county jail for not more than 364 days, or by both fine and
imprisonment.
2. If the conviction is for a second
violation of the provisions indicated in subsection 1, the person is guilty of
a category D felony and shall be punished as provided in NRS 193.130.
3. The penalties imposed by subsections 1
and 2 are in addition to any other penalties, civil or criminal, provided
pursuant to NRS 445A.300 to 445A.730, inclusive.
(Added to NRS by 1973, 1718; A 1979, 1031; 1987, 174; 1991, 829; 1995, 1279; 2013, 986)
NRS 445A.707 Director to conduct independent investigation before determining
whether to take certain corrective actions; exception.
1. Except as otherwise provided in
subsection 2, before determining whether to issue an order, commence a civil
action, seek injunctive relief or request that the Attorney General institute a
criminal prosecution pursuant to NRS 445A.675, 445A.680, 445A.690 or 445A.695, the Director shall, if possible, conduct an
independent investigation of the alleged act or practice for which the Director
is making the determination.
2. The Director is not required to conduct
an independent investigation pursuant to subsection 1 if:
(a) The Director’s determination to take any
action specified in that subsection is based on information that is provided to
the Director by the holder of a permit issued pursuant to NRS 445A.300 to 445A.730,
inclusive; or
(b) The alleged act or practice:
(1) Occurs on land that is managed or
controlled by the United States Department of Defense or Department of Energy;
or
(2) Creates an imminent and substantial
danger to the public health or the environment.
(Added to NRS by 2001, 956)
NRS 445A.710 Furnishing false information or tampering with device unlawful;
penalties.
1. Any person who knowingly makes any
false statement, representation, or certification in any application, record,
report, plan or other document filed or required to be maintained by the
provisions of NRS 445A.300 to 445A.730, inclusive, or by any permit, rule,
regulation or order issued pursuant thereto, or who falsifies, tampers with or
knowingly renders inaccurate any monitoring device or method required to be
maintained under the provisions of NRS 445A.300 to
445A.730, inclusive, or by any permit, rule, regulation
or order issued pursuant thereto, is guilty of a gross misdemeanor and shall be
punished by a fine of not more than $10,000 or by imprisonment in the county
jail for not more than 364 days, or by both fine and imprisonment.
2. The penalty imposed by subsection 1 is
in addition to any other penalties, civil or criminal, provided pursuant to NRS 445A.300 to 445A.730,
inclusive.
(Added to NRS by 1973, 1718; A 2013, 987)
NRS 445A.715 Procedure for administrative hearing. Hearings
initiated pursuant to NRS 445A.300 to 445A.730, inclusive, shall be held before the
Commission and comply with the provisions of such rules and regulations as the
Commission may prescribe.
(Added to NRS by 1973, 1718)
NRS 445A.720 Final authority concerning prevention, abatement and control of
water pollution. The Department
has the final authority in the administration of water pollution prevention,
abatement and control. No other department or agency of the State and no
municipal corporation, county or other political subdivision having
jurisdiction over water pollution prevention, abatement and control may permit,
under authority of such jurisdiction, the discharge of wastes into the waters
of the State which would result in the pollution of any of such waters in
excess of any water quality standard promulgated by the Commission.
(Added to NRS by 1973, 1718)
NRS 445A.725 Provisions of title 48 of NRS unaffected. Nothing in NRS
445A.300 to 445A.730, inclusive, shall be
construed to amend, modify or supersede the provisions of title 48 of NRS or
any rule, regulation or order promulgated or issued thereunder by the State
Engineer.
(Added to NRS by 1973, 1719)
NRS 445A.730 Effective date of regulations and standards. All rules, regulations and standards
promulgated by the State Commission of Environmental Protection and the State
Board of Health pertaining to water pollution control in force on July 1, 1973,
shall remain in effect until such time as revised by the State Environmental Commission
pursuant to NRS 445A.300 to 445A.730, inclusive.
(Added to NRS by 1973, 1719)
PUBLIC WATER SYSTEMS
NRS 445A.800 Declaration of state policy. It
is the policy of this State to provide for water which is safe for drinking and
other domestic purposes and thereby promote the public health and welfare.
(Added to NRS by 1977, 442)
NRS 445A.805 Definitions. As
used in NRS 445A.800 to 445A.955,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 445A.807 to 445A.850,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1977, 443; A 1991, 403, 614; 1995, 1585; 1999, 1867; 2005, 551; 2013, 210)
NRS 445A.807 “Capability” defined. “Capability”
has the meaning ascribed to the term “capacity” in 43 U.S.C. §§ 300g-9 and
300j-12.
(Added to NRS by 1999, 1864)
NRS 445A.8075 “Commission” defined. “Commission”
means the State Environmental Commission.
(Added to NRS by 2005, 551)
NRS 445A.808 “Community water system” defined. “Community
water system” means a public water system that:
1. Has at least 15 service connections
used by year-round residents of the area served by the system; or
2. Regularly serves at least 25 year-round
residents of the area served by the system.
(Added to NRS by 1999, 1865)
NRS 445A.810 “Contaminant” defined. “Contaminant”
means any physical, chemical, biological, radiological or other substance which
can cause or transmit infectious disease, chemical poisoning, chronic disease
or other impairment to humans.
(Added to NRS by 1977, 443)
NRS 445A.812 “District board of health” defined. “District
board of health” means a district board of health created pursuant to NRS 439.362 or 439.370.
(Added to NRS by 2005, 551)
NRS 445A.814 “Division” defined. “Division”
means the Division of Environmental Protection of the State Department of
Conservation and Natural Resources.
(Added to NRS by 2005, 551)
NRS 445A.815 “Federal Act” defined. “Federal
Act” means the Safe Drinking Water Act, 42 U.S.C. §§ 300f et seq., as amended.
(Added to NRS by 1977, 443; A 1999, 1867)
NRS 445A.817 “Financial capability” defined. “Financial
capability” means the ability of a public water system to:
1. Pay the costs related to maintenance,
operations, depreciation and capital expenses;
2. Maintain creditworthiness; and
3. Establish and maintain adequate fiscal
controls and accounting methods required for the operation of the system.
(Added to NRS by 1999, 1865)
NRS 445A.827 “Managerial capability” defined. “Managerial
capability” means the ability of a public water system to conduct its
administrative affairs in a manner that ensures compliance with all applicable
standards based on:
1. The accountability, responsibility and
authority of the owner or operator of the system;
2. The personnel and organization of the
system; and
3. The ability of the persons who manage
the system to work with:
(a) Jurisdictional, regulatory and other
governmental agencies;
(b) Trade and industry organizations; and
(c) The persons served by the system.
(Added to NRS by 1999, 1865)
NRS 445A.828 “Noncommunity water system” defined. “Noncommunity
water system” means a public water system that is not a community water system.
(Added to NRS by 1999, 1865)
NRS 445A.829 “Nontransient water system” defined. “Nontransient
water system” means a noncommunity water system that regularly serves at least
25 of the same persons for more than 6 months per year.
(Added to NRS by 1999, 1865)
NRS 445A.830 “Operator” defined. “Operator”
means a person regularly in charge of the day-to-day operations of a public
water system.
(Added to NRS by 1991, 613)
NRS 445A.835 “Person” defined. “Person”
includes the State of Nevada, any political subdivision of this or another
state, and any agency of the United States.
(Added to NRS by 1977, 443)
NRS 445A.838 “Public utility” defined. “Public
utility” has the meaning ascribed to it in NRS
704.020.
(Added to NRS by 1999, 1865)
NRS 445A.840 “Public water system” defined. “Public
water system” has the meaning ascribed to it in NRS
445A.235.
(Added to NRS by 1977, 443; A 1999, 1867)
NRS 445A.843 “Service connection” defined.
1. “Service connection” means:
(a) The point of connection between a public
water system and the system used by a customer of the public water system to
obtain water from that system, at which point the public water system loses its
control over the use of the water;
(b) If a meter is installed between a public
water system and the system used by a customer of the public water system to
obtain water from that system, the downstream end of the meter or meter
assembly; or
(c) At a park for mobile homes or recreational
vehicles, the point of connection of the mobile home or recreational vehicle to
the riser for water service of the public water system that serves the park.
2. The term does not include a connection
to a system that delivers water which is exempted pursuant to 42 U.S.C. §
300f(4)(B).
(Added to NRS by 1999, 1865)
NRS 445A.845 “Supplier of water” defined. “Supplier
of water” means a person who owns, controls or operates a public water system.
(Added to NRS by 1977, 443)
NRS 445A.847 “Technical capability” defined. “Technical
capability” means the ability of a public water system to:
1. Obtain an adequate and reliable source
of water that is necessary to provide the quantity and quality of water
required by the system;
2. Establish and maintain an adequate
infrastructure for the treatment, storage and distribution of the quantity and
quality of water required by the system; and
3. Employ operators who have the technical
knowledge and ability to operate the system.
(Added to NRS by 1999, 1865)
NRS 445A.848 “Transient water system” defined. “Transient
water system” means a noncommunity water system that does not regularly serve
at least 25 of the same persons for more than 6 months per year.
(Added to NRS by 1999, 1866)
NRS 445A.850 “Water system” defined. “Water
system” means any privately owned public water system which serves at least 15
service connections that are used by residents throughout the year or regularly
serves at least 25 residents throughout the year. The term does not include a
public utility which serves more than 25,000 persons.
(Added to NRS by 1991, 401)
NRS 445A.855 Commission: Adoption of primary and secondary standards of
drinking water. The Commission
shall adopt by regulation:
1. Primary drinking water standards which
prescribe the maximum permissible levels for contaminants in any public water
system and provide for the monitoring and reporting of water quality. In
establishing the standards, the Commission shall consider, among other things,
the standards established pursuant to the Federal Act.
2. Secondary drinking water standards
which reasonably ensure that drinking water is aesthetically adequate.
(Added to NRS by 1977, 443; A 1981, 1900; 2005, 551)
NRS 445A.860 Commission: Adoption of regulations. In
addition to the regulations required to be adopted pursuant to NRS 445A.880, the Commission:
1. Shall adopt regulations establishing
procedures for a system of permits to operate water systems which are
constructed on or after July 1, 1991.
2. May adopt such other regulations as may
be necessary to govern the construction, operation and maintenance of public
water systems if those activities affect the quality of water, but the
regulations do not supersede any regulation of the Public Utilities Commission
of Nevada.
3. May establish by regulation a system
for the issuance of operating permits for suppliers of water and set a
reasonable date after which a person shall not operate a public water system
constructed before July 1, 1991, without possessing a permit issued by the
Division or the appropriate district board of health.
4. May adopt such other regulations as may
be necessary to ensure that a community water system or nontransient water
system that commences operation on or after October 1, 1999, demonstrates the
technical capability, managerial capability and financial capability to comply
with 40 C.F.R. Part 141, but the regulations do not supersede any regulation of
the Public Utilities Commission of Nevada or the authority of the Public
Utilities Commission of Nevada or other state agencies or local governing
bodies to issue permits or certificates of authority for suppliers of water.
5. May adopt such other regulations as may
be necessary to evaluate the technical capability, managerial capability and
financial capability of a community water system or nontransient water system
that commenced operation before October 1, 1999, to comply with 40 C.F.R. Part
141, but the regulations do not supersede any regulation of the Public
Utilities Commission of Nevada or the authority of the Public Utilities
Commission of Nevada or other state agencies or local governing bodies to issue
permits or certificates of authority for suppliers of water.
6. May adopt such other regulations as may
be necessary to carry out the provisions of NRS
445A.800 to 445A.955, inclusive.
(Added to NRS by 1977, 443; A 1985, 336; 1991, 403, 614; 1997, 1996; 1999, 1867; 2005, 551)
NRS 445A.863 Certification of laboratories for analysis of water; requirements
for performance of certain analyses.
1. The Commission shall provide by
regulation standards for the certification of laboratories for the analysis of
water pursuant to NRS 445A.800 to 445A.955, inclusive. An analysis required pursuant to
any provision of NRS 445A.800 to 445A.955, inclusive, or required by a lender as a
condition precedent to the transfer of real property must be performed by a
laboratory that is certified in accordance with the standards adopted by the
Commission pursuant to this subsection.
2. The certifying officer shall conduct an
evaluation at the site of each laboratory to determine whether the laboratory
is using the methods of analysis required by this section in an acceptable
manner, applying procedures required by regulation for the control of quality
and making results available in a timely manner.
3. For analyses required pursuant to NRS 445A.800 to 445A.955,
inclusive, or by a lender as a condition precedent to the transfer of real
property, the methods used must comply with the Federal Act.
4. A laboratory may be certified to
perform analyses for the presence of one or more specified contaminants or to
perform all analyses required pursuant to NRS 445A.800
to 445A.955, inclusive.
(Added to NRS by 1995, 1585; A 1999, 1133, 1868; 2001, 74; 2005, 552)
NRS 445A.865 Commission: Contracts; assistance; hearings; subpoenas. To carry out the provisions and purposes of NRS 445A.800 to 445A.955,
inclusive, the Commission may:
1. Through the Administrator of the
Division:
(a) Enter into agreements, contracts or
cooperative arrangements with other state agencies, federal or interstate
agencies, municipalities, local health departments, educational institutions or
other organizations or persons.
(b) Accept financial and technical assistance
from the Federal Government, other public agencies or private contributors.
2. Hold hearings and issue subpoenas
requiring the attendance of witnesses and the production of evidence.
(Added to NRS by 1977, 443; A 1981, 82; 1983, 837; 2005, 552)
NRS 445A.870 Advisory board regarding certification of operators:
Appointment; membership; compensation of members.
1. The Commission may appoint an advisory
board to act in an advisory capacity in matters relating to the certification
of operators of community water systems or noncommunity water systems.
2. If such an advisory board is appointed:
(a) At least one member of the advisory board
must be a member of the American Water Works Association.
(b) At least one member of the advisory board
must be a member of the Nevada Rural Water Association or its successor
organization.
(c) One member of the advisory board may
represent the general public.
3. Each member of the advisory board
serves without compensation. While engaged in the business of the advisory
board, each member of the advisory board is entitled to receive the per diem
allowance and travel expenses provided for state officers and employees
generally, to the extent that money is made available for that purpose.
(Added to NRS by 1991, 613; A 1999, 1868; 2005, 552)
NRS 445A.875 Certification of operators: Requirement; exception; operation of
multiple systems; presence of operator on-site.
1. Except as otherwise provided in
subsection 2, a person shall not act as an operator of a community water system
or noncommunity water system unless the person has obtained a certificate to
operate such a water system from the Division.
2. An operator of a transient water system
is not required to obtain a certificate to operate a noncommunity water system
if the system is designated by the Division as being supplied by groundwater
that is not under the direct influence of surface water.
3. An operator may be certified to operate
more than one community water system or noncommunity water system.
4. This section does not require a
certified operator to be on-site at a community water system or noncommunity
water system during all hours of operation.
(Added to NRS by 1991, 613; A 1999, 1868; 2005, 553)
NRS 445A.880 Certification of operators: Regulations; fees; examination;
exemption from examination.
1. The Commission shall adopt regulations
to establish:
(a) A system of classification of operators of
community water systems and noncommunity water systems who are required to be
certified pursuant to NRS 445A.875;
(b) Requirements for certification for each class
of operator;
(c) Reasonable fees for issuing and renewing
certificates; and
(d) Requirements for continuing education for the
renewal of a certificate.
2. The fees so collected must only be used
to:
(a) Defray the cost of issuing and renewing
certificates; and
(b) Pay any expenses incurred by the Division in
carrying out its duties relating to operators of community water systems and
noncommunity water systems.
3. The Division shall establish and
administer examinations to determine the eligibility of any person who applies
for certification. An applicant is entitled to certification upon satisfaction
of the requirements of the Commission and payment of the applicable fee. The
Division may enter into a contract with the American Water Works Association or
another person, organization or agency to carry out or assist the Division in
carrying out the provisions of this subsection.
4. The Division may grant such
certification, without examination, to an applicant who holds current
certification by the California/Nevada section of the American Water Works
Association or by another organization whose requirements for certification are
equivalent to the requirements for certification established by the Commission
pursuant to subsection 1.
(Added to NRS by 1991, 614; A 1999, 1869; 2005, 553)
NRS 445A.885 Systems constructed after June 30, 1991: Requirements for
permit.
1. Except as otherwise provided in
subsection 2, no water system which is constructed on or after July 1, 1991,
may operate unless the owner of the water system receives a permit to operate
the water system from the Division or the district board of health designated
by the Commission. The owner of such a water system is entitled to a permit to
operate the water system upon satisfaction of the requirements set forth in NRS 445A.885 to 445A.915,
inclusive, and the requirements set forth in the regulations adopted by the
Commission pursuant to NRS 445A.860.
2. Subsection 1 does not apply to the
expansion of a public utility.
(Added to NRS by 1991, 401; A 2005, 554)
NRS 445A.890 Systems constructed after June 30, 1991: Preliminary requests
for comments. Before making the
finding specified in NRS 445A.910 and before
making the determinations specified in NRS
244.3655, 268.4102 and 445A.895, the Division shall request comments from
the:
1. Public Utilities Commission of Nevada;
2. State Engineer;
3. Local government within whose
jurisdiction the water system is located; and
4. Owner of the water system.
(Added to NRS by 1991, 401; A 1997, 1996; 2005, 554)
NRS 445A.895 Systems constructed after June 30, 1991: Conditions for issuance
of permit. A permit to operate a
water system may not be issued pursuant to NRS
445A.885 unless all of the following conditions are met:
1. Neither water provided by a public
utility nor water provided by a municipality or other public entity is
available to the persons to be served by the water system.
2. The applicant fully complies with all
of the conditions of NRS 445A.885 to 445A.915, inclusive.
3. The applicant submits to the Division
or the district board of health designated by the Commission documentation
issued by the State Engineer which sets forth that the applicant holds water
rights that are sufficient to operate the water system.
4. The local governing body assumes:
(a) Responsibility in case of default by the
builder or developer of the water system for its continued operation and
maintenance in accordance with all the terms and conditions of the permit.
(b) The duty of assessing the lands served as
provided in subsection 6.
5. The applicant furnishes the local
governing body sufficient surety, in the form of a bond, certificate of
deposit, investment certificate or any other form acceptable to the governing
body, to ensure the continued maintenance and operation of the water system:
(a) For 5 years following the date the system is
placed in operation; or
(b) Until 75 percent of the lots or parcels
served by the system are sold,
Ê whichever is
later.
6. The owners of the lands to be served by
the water system record a declaration of covenants, conditions and restrictions
which is an equitable servitude running with the land and which must provide
that each lot or parcel will be assessed by the local governing body for its
proportionate share of the cost of continued operation and maintenance of the
water system if there is a default by the applicant or operator of the water
system and a sufficient surety, as provided in subsection 5, is not available.
7. If the water system uses or stores
ozone, the portion of the system where ozone is used or stored must be
constructed not less than 100 feet from any existing residence, unless the
owner and occupant of each residence located closer than 100 feet consent to
the construction of the system at a closer distance.
8. The declaration of covenants,
conditions and restrictions recorded by the owners of the lands further
provides that if the Division determines that:
(a) The water system is not satisfactorily
serving the needs of its users; and
(b) Water provided by a public utility or a
municipality or other public entity is reasonably available,
Ê the local
governing body may, pursuant to NRS
244.3655 or 268.4102, require all
users of the water system to connect into the available water system provided
by a public utility or a municipality or other public entity, and each lot or
parcel will be assessed by the local governing body for its proportionate share
of the costs associated with connecting into that water system. If the water
system is being connected into a public utility, the Public Utilities
Commission of Nevada shall determine the amount of the assessments for the
purposes of establishing a lien pursuant to NRS
445A.900.
9. Provision has been made for disposition
of the water system and the land on which it is situated after the local
governing body requires all users to connect into an available water system
provided by a public utility or a municipality or other public entity.
(Added to NRS by 1991, 401; A 1995, 2663; 1997, 1996; 2001, 549; 2005, 554)
NRS 445A.900 Systems constructed after June 30, 1991: Prerequisites to liens
for assessments. No lien for the
assessments provided by the covenants, conditions and restrictions described in
NRS 445A.895 is binding upon the property until:
1. The local governing body, after a
hearing, establishes the costs and apportions them to each lot or parcel; or
2. The Public Utilities Commission of
Nevada determines the amount of the assessments,
Ê and the
local governing body records a notice of lien in the office of the county
recorder in the county in which the property is located.
(Added to NRS by 1991, 402; A 1997, 1997)
NRS 445A.905 Systems constructed after June 30, 1991: Disposition of proceeds
of assessments.
1. The proceeds of any assessments upon
lots or parcels must be deposited with the treasurer of the local governing
body which received them, and they may be expended only for the:
(a) Continued maintenance and operation of the
water system;
(b) Replacement of the water system if necessary;
and
(c) Payment of the costs, including, but not
limited to, the direct costs of connection and the costs of necessary new or
rehabilitated facilities and any necessary water rights, associated with
connection to any water system provided by a public utility or a municipality or
other public entity that becomes reasonably available.
2. If any surplus exists in the proceeds
of assessments after all purposes of the assessments have been fully met, the
surplus must be refunded to the persons who paid the assessments, in the
proportion that their respective assessments bear to the gross proceeds of all
assessments collected by the local governing body.
(Added to NRS by 1991, 402)
NRS 445A.910 Systems constructed after June 30, 1991: Assumption of control
by local governing body.
1. If the Division has found that any of
the conditions of a permit to operate a water system issued pursuant to NRS 445A.885 are being violated and has notified the
holder of the permit that he or she must bring the water system into
compliance, but the holder of the permit has failed to comply within a reasonable
time after the date of the notice, the local governing body, if requested to do
so in writing by the Division, may take the following actions independently of
any further action by the Division:
(a) Give written notice, by certified mail, to
the owner of the water system and the owners of the property served by the
system that if the violation is not corrected within 30 days after the date of
the notice, the local governing body will seek a court order authorizing it to
assume control; and
(b) After the 30-day period has expired, if the
water system has not been brought into compliance, apply to the district court
for an order authorizing the local governing body to assume control of the
system and assess the property for the continued operation and maintenance of
the system as provided in subsection 6 of NRS 445A.895.
2. If the local governing body determines
at any time that immediate action is necessary to protect the public health and
welfare, it may assume physical control and operation of a water system without
complying with any of the requirements set forth in subsection 1. The local
governing body may not maintain control of a water system pursuant to this
subsection for a period greater than 30 days unless it obtains an order from
the district court authorizing an extension.
(Added to NRS by 1991, 403; A 2001, 550; 2005, 555)
NRS 445A.915 Systems constructed after June 30, 1991: Effect of provisions. The provisions of NRS
445A.885 to 445A.915, inclusive, do not
prevent:
1. A local governing body or a health
district from imposing its own conditions for approval of the operation of any
water system located within its jurisdiction, which may be more stringent than
those authorized by NRS 445A.885 to 445A.915, inclusive.
2. A local governing body from requiring
the prior approval of a proposed water system by a local committee created for
that purpose.
3. A local governing body from converting
service connections to water systems into service connections to water systems
provided by a public utility or a municipality or other public entity.
(Added to NRS by 1991, 403; A 1999, 1870)
NRS 445A.920 Review and approval of plans and specifications by Commission or
district board of health.
1. Except as otherwise provided in
subsection 2, plans and specifications for any substantial addition to or
alteration of a public water system subject to a regulation of the Commission
must be submitted to the Division or the appropriate district board of health
for review and approval.
2. A public water system is not required
to submit any plans and specifications if the addition or alteration complies
with standards previously approved by the Division or the appropriate district
board of health.
3. In approving the plans and
specifications, the Division or the appropriate district board of health may
require such modifications or impose such conditions as are necessary to carry
out the provisions of NRS 445A.800 to 445A.955, inclusive.
(Added to NRS by 1977, 444; A 2005, 556)
NRS 445A.925 Duties of Division and district boards of health.
1. The Division and the district boards of
health shall:
(a) Enforce the provisions of NRS 445A.800 to 445A.955,
inclusive, and regulations adopted pursuant thereto; and
(b) Make such investigations and inspections as
are necessary to ensure compliance with those sections and regulations.
2. Any representative of the Division or
the appropriate district board of health may enter the property of any public
water system at any reasonable time for the purpose of inspecting and
investigating the adequacy and sanitary condition of the system and the quality
of its water.
3. Except in an emergency, the Division or
the appropriate district board of health shall notify and permit the supplier
of water to be present when an inspection or investigation is being conducted.
(Added to NRS by 1977, 444; A 1991, 404, 614; 2005, 556)
NRS 445A.930 Imminent hazard; issuance and review of emergency order; public
warning.
1. An imminent hazard exists if the
Division, after consulting with the district board of health and the supplier
of water, determines that a contaminant is or will be found in a public water
system and the contaminant is a serious risk to public health.
2. To eliminate an imminent hazard, the
Division may issue an emergency order requiring the supplier of water
immediately to take action necessary to protect the public health. An emergency
order may require that a supplier of water cease distributing the water.
3. Such an emergency order is effective
immediately and is not subject to review unless the supplier to whom the order
is issued, within 30 days after the date the order is served, petitions for a
hearing before the Division.
4. Whenever conditions of a public water
system are such as to require immediate action to protect the public health,
the Division may issue public warnings in such manner as the Division
determines to be suitable.
(Added to NRS by 1977, 444; A 2005, 556)
NRS 445A.935 Variance or exemption from regulation of Commission:
Application; notice and hearing; participation of Public Utilities Commission
of Nevada.
1. A supplier of water may apply to the
Commission for a variance or exemption from the regulations of the Commission.
The Commission may grant variances or exemptions after notice and public
hearing.
2. A supplier of water shall notify all
users of the water system as soon as the Commission has scheduled a time and
place for the public hearing on the application for a variance or exemption.
3. The Public Utilities Commission of
Nevada may participate in the hearing.
(Added to NRS by 1977, 444; A 1981, 1900; 1997, 1998; 2005, 556)
NRS 445A.940 Notification to Division or district board of health and user of
water system by supplier of water.
1. A supplier of water shall immediately
notify the Division or the appropriate district board of health and the users
of the supplier’s public water system whenever:
(a) The system is not in compliance with the
primary drinking water standards;
(b) The supplier fails to perform any required
monitoring of water quality;
(c) The supplier has been granted a variance or
exemption by the Commission; or
(d) The supplier fails to comply with the
conditions imposed by the Commission in granting the variance or exemption.
2. The notification must be in the form
and manner prescribed by the Division.
(Added to NRS by 1977, 445; A 2005, 557)
NRS 445A.943 Issuance of orders by Division.
1. If the Division has reason to believe
that a person is engaging or has engaged in any act or practice which violates
the provisions of NRS 445A.800 to 445A.955, inclusive, or a regulation adopted or order
issued pursuant thereto, or any term or condition of a permit to operate a
public water system issued pursuant to NRS 445A.860
or a certification of a laboratory for the analysis of water issued pursuant to
NRS 445A.863, the Division may, in addition to any
other action authorized or required by NRS 445A.800
to 445A.955, inclusive, issue an order:
(a) Specifying the provision or provisions which
the Division believes or has reason to believe the person is violating or has
violated;
(b) Setting forth the facts alleged to constitute
the violation;
(c) Prescribing the actions the person must take
to correct the violation and the period during which the violation must be
corrected; and
(d) Requiring the person to appear before the
Administrator of the Division or a hearing officer appointed by the
Administrator to show cause why the Division should not commence an action
against the person in district court for appropriate relief.
2. If the Division has reasonable cause to
believe, based on evidence satisfactory to it, that any person is about to
violate the provisions of NRS 445A.800 to 445A.955, inclusive, or a regulation adopted or order
issued pursuant thereto, or any term or condition of a permit to operate a
public water system issued pursuant to NRS 445A.860
or a certification of a laboratory for the analysis of water issued pursuant to
NRS 445A.863, the Division may, without a prior
hearing, issue a summary order against the person, directing the person to
cease and desist from any further acts that constitute or would constitute a
violation. The summary order to cease and desist must specify the provision of NRS 445A.800 to 445A.955,
inclusive, or a regulation adopted or order issued pursuant thereto, or the
term or condition of a permit or certification which the Division reasonably
believes is about to be violated.
3. An order issued by the Division
pursuant to subsection 1 or 2 is effective immediately and is not subject to
review unless the person to whom the order is directed, not later than 30 days
after the order is issued, submits a written petition to the Commission for a
hearing.
(Added to NRS by 2013, 209)
NRS 445A.945 Injunctions.
1. The Division or the appropriate
district board of health may apply to a court of competent jurisdiction to
enjoin the continuance or occurrence of any act or practice which violates the
provisions of NRS 445A.800 to 445A.955, inclusive, or of any regulation adopted or
order issued pursuant thereto.
2. On a showing by the Division or the
district board of health that such a violation has occurred or will occur, the
court may issue, without bond, such prohibitory or mandatory injunction as the
facts may warrant.
(Added to NRS by 1977, 445; A 1991, 404, 615; 2005, 557)
NRS 445A.950 Civil penalty and administrative fine against supplier of water
for certain violations.
1. Any supplier of water who:
(a) Violates any standard established pursuant to
NRS 445A.855;
(b) Violates or fails to comply with an order
issued pursuant to NRS 445A.930 or subsection 1 or
2 of NRS 445A.943;
(c) Violates any condition imposed by the
Commission upon granting a variance or exemption under NRS
445A.935;
(d) Violates a regulation adopted by the Commission
pursuant to NRS 445A.860 or 445A.880; or
(e) Fails to give a notice as required by NRS 445A.940,
Ê is liable
for a civil penalty, to be recovered by the Attorney General in the name of the
Division, of not more than $5,000 for each day of the violation.
2. In addition to the civil penalty
prescribed in subsection 1, the Division may impose an administrative fine
against a supplier of water who commits any violation enumerated in subsection
1. The administrative fine imposed may not be more than $2,500 per day for each
such violation.
3. The civil penalty and administrative
fine prescribed in this section may be imposed in addition to any other
penalties or relief prescribed in NRS 445A.800 to 445A.955, inclusive.
(Added to NRS by 1977, 455; A 1991, 404, 615, 1041; 2001, 635; 2005, 557; 2013, 210)
NRS 445A.952 Civil penalty and administrative fine against laboratories for
certain violations.
1. A laboratory for the analysis of water
that:
(a) Violates any regulation adopted by the
Commission pursuant to NRS 445A.863; or
(b) Violates or fails to comply with an order
issued pursuant to subsection 1 or 2 of NRS 445A.943,
Ê is liable
for a civil penalty, to be recovered by the Attorney General in the name of the
Division, of not more than $5,000 for each day of the violation.
2. In addition to the civil penalty
described in subsection 1, the Division may impose an administrative fine of
not more than $2,500 per day for each violation described in subsection 1.
3. The civil penalty and administrative
fine authorized by this section are in addition to any other penalties or
relief prescribed by NRS 445A.800 to 445A.955, inclusive.
(Added to NRS by 2013, 210)
NRS 445A.955 Criminal penalty. Any
person who violates the provisions of NRS 445A.800
to 445A.955, inclusive, or any regulation adopted
by the Commission pursuant to those provisions is guilty of a misdemeanor. Each
day of violation constitutes a separate offense.
(Added to NRS by 1977, 445; A 1991, 405, 615; 2005, 558)
