[Rev. 11/21/2013 11:42:09
AM--2013]
CHAPTER 444 - SANITATION
DEFINITIONS
NRS 444.002 “Division”
defined.
NRS 444.003 “Health
authority” defined.
NRS 444.005 “Health
Division” defined. [Repealed.]
USED BEDDING AND MATTRESSES
NRS 444.010 Sterilization
and labeling required.
NRS 444.020 State
Board of Health to adopt regulations concerning method of sterilization.
NRS 444.030 Enforcement
by health authority.
NRS 444.040 Penalty.
TOILET FACILITIES
NRS 444.045 Pay
toilet prohibited in publicly owned building.
NRS 444.047 “Public
body” defined.
NRS 444.048 Areas
leased by public body to provide public service required to have certain toilet
facilities available to public; exception; void and unenforceable contracts.
NRS 444.049 Reporting
of violations of requirements concerning availability of toilet facilities to
public; duties of Attorney General.
COMMON TOWELS
NRS 444.050 “Common
towel” defined.
NRS 444.060 Use
in public place prohibited; penalty.
PUBLIC SWIMMING POOLS AND BATHHOUSES; NUDIST COLONIES
NRS 444.065 “Public
swimming pool” defined.
NRS 444.070 Health
authority to supervise public swimming pools and bathhouses; regulations.
NRS 444.080 Operation
without permit unlawful; procedure for application for and granting of permit.
NRS 444.090 Inspection;
reporting and publication of results.
NRS 444.100 Suspension
or revocation of permit: Grounds; procedure; regulations.
NRS 444.105 Person
with physical disability may use lifesaving device in public swimming pool;
conditions.
NRS 444.110 Swimming
pool as public nuisance; abatement.
NRS 444.115 Competency
of lifeguard on duty at facility of State or local government.
NRS 444.120 Penalties.
CONSTRUCTION AND LABOR CAMPS
NRS 444.130 Sanitary
conditions of bunkhouses, tents and surrounding grounds of camp where five or
more persons are employed.
NRS 444.140 Air
space in bunkhouse or tent; bunk, bed or mattress to be supplied to employee.
NRS 444.150 Sanitary
conditions of dining rooms, kitchens, dishes and cooking utensils.
NRS 444.160 Toilet
facilities or portable facilities for temporarily holding sewage.
NRS 444.170 Disposal
of garbage and drainage from kitchen sink.
NRS 444.180 Employer
to keep camp clean; appointment of responsible person to keep camp clean.
NRS 444.190 Powers
of health authority; abatement of construction camp as public nuisance.
NRS 444.200 Penalty.
CHILDREN’S CAMPS
NRS 444.220 “Children’s
camp” defined.
NRS 444.230 Operation
without license prohibited; procedure for application and granting of licenses;
posting of license.
NRS 444.240 Fee
for license; renewals.
NRS 444.250 Location,
layout and drainage of camp; containers for garbage.
NRS 444.260 Equipment
and area used to prepare and store food to be kept clean; supply of water.
NRS 444.270 Toilets
and disposal systems or portable facilities for temporarily holding sewage.
NRS 444.280 Inspection;
correction of failure to comply with standards; suspension or revocation of
license.
NRS 444.290 Reinstatement
of license.
NRS 444.300 Exemption
of certain employees from laws governing minimum wage.
NRS 444.310 Powers
and duties of Division not limited by NRS 444.220
to 444.320, inclusive.
NRS 444.320 Penalties.
PUBLIC INSTITUTIONS
NRS 444.330 Division
to supervise sanitation of certain state institutions; regulations; inspections
and reports.
NRS 444.335 Health
authority to supervise sanitation of certain local institutions; regulations;
inspections and reports.
UNIFORM PLUMBING CODE
NRS 444.340 Declaration
of state policy.
NRS 444.350 Compliance
with and local modification of Code; use of materials containing lead; approval
of amendments to Code by Chair of State Public Works Board.
NRS 444.420 Duties
of State Public Works Board.
NRS 444.430 Power
of local government to adopt regulations; procedure.
PLASTIC BOTTLES AND CONTAINERS
NRS 444.435 Definitions.
NRS 444.436 Manufacture
or distribution prohibited without symbol indicating plastic resin used to
produce bottle or container; penalty.
NRS 444.437 Symbols
required; maintenance of list of symbols; copy of list to be provided upon
request.
COLLECTION AND DISPOSAL OF SOLID WASTE
NRS 444.440 Declaration
of state policy.
NRS 444.450 Definitions.
NRS 444.460 “Disposal
site” defined.
NRS 444.463 “Facility
for the management of waste tires” defined.
NRS 444.465 “Municipal
solid waste landfill” defined.
NRS 444.470 “Municipality”
defined.
NRS 444.475 “Passenger
car” defined.
NRS 444.480 “Person”
defined.
NRS 444.490 “Solid
waste” defined.
NRS 444.495 “Solid
waste management authority” defined.
NRS 444.500 “Solid
waste management system” defined.
NRS 444.501 “Waste
tire” defined.
NRS 444.505 Management
and disposal of waste tires: Regulations for issuance of permits to operate
facility and for program of recycling and reuse.
NRS 444.507 Management
and disposal of waste tires: Permit required to operate facility; penalties for
violation.
NRS 444.509 Management
and disposal of waste tires: Unlawful to dispose of waste tire in solid waste
landfill if permit issued for operation of facility in health district or
county; exceptions.
NRS 444.510 Municipal
solid waste management systems: Development, revision and approval of plans;
cooperative agreements.
NRS 444.520 Municipal
solid waste management systems: Additional fees and charges; unpaid fees and
charges constitute lien against property; lien not effective until notice
given.
NRS 444.530 Municipal
solid waste management systems: Regulations for operation.
NRS 444.540 Municipal
solid waste management systems: Acceptance and use of grants or appropriations.
NRS 444.550 Municipal
solid waste management systems: Authority to acquire land, machinery, equipment
or facilities.
NRS 444.553 Permits
to operate disposal sites: Issuance; requirements.
NRS 444.555 Use
of certain disposal sites established by municipality restricted; penalty.
NRS 444.556 Municipal
solid waste landfills: Permit required; conditions of permit; disclosure of
records regarding application for permit; powers of solid waste management
authority.
NRS 444.557 Municipal
solid waste landfills: Program to monitor compliance with permits, laws and
regulations; allowance of intervention.
NRS 444.558 Municipal
solid waste landfills: Regulations for program of issuing permits.
NRS 444.560 Regulations
of State Environmental Commission: Adoption; fees; violation prohibited after
reasonable time.
NRS 444.570 Duties
of State Department of Conservation and Natural Resources and State Environmental
Commission; inspections.
NRS 444.580 Authority
of district board of health or municipality to adopt regulations and issue
permits.
NRS 444.583 Unlawful
disposal of motor vehicle battery, motor vehicle tire or motor oil; penalty;
plan for appropriate disposal; exemption.
NRS 444.585 Ownership
of recyclable materials; unauthorized collection of recyclable materials
prohibited; penalty; civil remedy.
NRS 444.590 Designation
of State Department of Conservation and Natural Resources as state agency for
participation in federal program; extent of authority.
NRS 444.592 Solid
waste management authority: Powers of protection and enforcement.
NRS 444.594 Solid
waste management authority: Contents of orders for protection or enforcement.
NRS 444.596 Solid
waste management authority: Recovery of civil penalties for violations.
NRS 444.598 Solid
waste management authority: Recovery of damages resulting from violations.
NRS 444.600 Injunctive
relief.
NRS 444.605 Issuance
and enforcement of subpoenas.
NRS 444.610 Unlawful
acts; penalties.
NRS 444.615 Solid
Waste Management Account: Creation; deposits.
NRS 444.616 Solid
Waste Management Account: Distribution and use.
NRS 444.620 Applicability
of plans and provisions.
UNLAWFUL DISPOSAL OF SOLID WASTE OR SEWAGE
NRS 444.621 Definitions.
NRS 444.623 “Dump
site” defined.
NRS 444.625 “Solid
waste” defined.
NRS 444.627 “Solid
waste management authority” defined.
NRS 444.629 Program
for control of unlawful dumping: Establishment; administration; required
elements; delegation of certain powers from solid waste management authority to
hearing officer or board.
NRS 444.630 Prohibited
acts; criminal penalty; clean up of dump site; community service; timing of
commencement of clean up; proof of lawful disposal; revocation of business
license; identification of violator; persons required to enforce provisions;
issuance of citation; request for and provision of information.
NRS 444.635 Civil
penalties: Liability upon each conviction; increase of penalty for subsequent
conviction; payment in installments; collection; disposition and use of money
collected.
NRS 444.637 Performance
of certain functions by nonprofit organization.
NRS 444.639 Issuance
and enforcement of subpoenas.
NRS 444.640 Reward
for information leading to arrest and conviction of violator; regulations.
NRS 444.645 Notice
of provision of NRS 444.555 or 444.630 to be posted; offer of reward.
DISPOSAL OF SEWAGE
NRS 444.650 Regulations
to control use of residential individual system.
_________
_________
DEFINITIONS
NRS 444.002 “Division” defined. As
used in this chapter, “Division” means the Division of Public and Behavioral
Health of the Department of Health and Human Services.
(Added to NRS by 2013, 3052)
NRS 444.003 “Health authority” defined. As
used in this chapter, “health authority” means the officers and agents of the
Division or the officers and agents of the local boards of health.
(Added to NRS by 1969, 1021)
NRS 444.005 “Health Division” defined. Repealed.
(See chapter 489, Statutes of Nevada 2013, at page 3071.)
USED BEDDING AND MATTRESSES
NRS 444.010 Sterilization and labeling required. After
March 21, 1935, it shall be unlawful for any person, firm, association or
corporation, engaged in the operation of the business of manufacturing, making,
renovating and selling mattresses, bed coverings, sheets, pillows and other
similar bedding used for sleeping purposes, in this State, to sell or to offer
to sell, or to dispose of any used or secondhand bedding, as described in NRS 444.010 to 444.040,
inclusive, directly or indirectly, without first having the same thoroughly
sterilized and securely labeled with a tag sewed on each article, marked
thereon “Sterilized, Secondhand,” which tag shall show the name of the
manufacturer, renovator or dealer.
[1:77:1935; 1931 NCL § 5314.01]
NRS 444.020 State Board of Health to adopt regulations concerning method of
sterilization. The State Board of
Health shall prescribe rules, regulations, method and process of sterilization
as mentioned in NRS 444.010 to 444.040, inclusive.
[2:77:1935; 1931 NCL § 5314.02]
NRS 444.030 Enforcement by health authority. The
health authority shall enforce all the provisions of NRS
444.010 to 444.040, inclusive, and the rules,
regulations, method and process of sterilization authorized by NRS 444.010 to 444.040,
inclusive.
[3:77:1935; A 1945, 126; 1943 NCL § 5314.03]—(NRS A
1969, 1019)
NRS 444.040 Penalty. Every
person violating any of the provisions of NRS 444.010,
444.020 or 444.030
shall be guilty of a misdemeanor.
[4:77:1935; 1931 NCL § 5314.04]
TOILET FACILITIES
NRS 444.045 Pay toilet prohibited in publicly owned building. The State of Nevada, or any agency or
political subdivision of the State is hereby prohibited from charging or
allowing to be charged any fee or exaction of any type for the use of any
toilet within a restroom or lavatory in any building owned or operated by such
entity.
(Added to NRS by 1975, 1164)
NRS 444.047 “Public body” defined. As
used in this section and NRS 444.048 and 444.049, unless the context otherwise requires,
“public body” means a governmental body of the State of Nevada, including,
without limitation, an agency, department, division or political subdivision of
the State of Nevada, or a local governmental body, including, without
limitation, a county, city, municipality, township, school district or
quasi-municipal corporation.
(Added to NRS by 1997, 784)
NRS 444.048 Areas leased by public body to provide public service required
to have certain toilet facilities available to public; exception; void and
unenforceable contracts.
1. Except as otherwise provided in this
section, each area that is leased by or on behalf of a public body and is used
primarily to provide a service to the public must have at least one toilet
facility which is accessible to a person with a disability within the leased
area or, if the leased area is a part of a complex of leased areas, within the
common area of the complex. The toilet facility must:
(a) Be available for use by members of the
public.
(b) Comply with the regulations regarding
accessibility of a toilet facility promulgated pursuant to the Americans with
Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq.
(c) If a corridor leads to the toilet facility,
be marked at the entrance to the corridor with a sign which:
(1) Conforms to the requirements related
to signage contained in §§ 4.30 et seq. of the Americans with Disabilities Act
Accessibility Guidelines for Buildings and Facilities set forth in Appendix A
of Part 36 of Title 28 of the Code of Federal Regulations; and
(2) Uses symbols, raised letters and
Braille to:
(I) Identify the toilet facility and
the gender of persons who may use the toilet facility; and
(II) Indicate whether the toilet
facility is for the exclusive use of persons of one gender and, if applicable,
provide direction to a toilet facility that may be used by persons of the other
gender.
2. The provisions of subsection 1 do not
apply to a leased area within a state park for which toilet facilities are
otherwise accessible to members of the public.
3. A contract to lease an area that does
not satisfy the requirements of subsection 1 which is entered into on or after
October 1, 1997, is void and unenforceable.
(Added to NRS by 1997, 784; A 2001, 706)
NRS 444.049 Reporting of violations of requirements concerning availability
of toilet facilities to public; duties of Attorney General.
1. A person may report a violation of NRS 444.048 to the Attorney General of the State of
Nevada.
2. Upon receiving a report pursuant to
subsection 1, the Attorney General shall notify the public body responsible for
the alleged violation. Not later than 30 days after receiving such
notification, the public body shall:
(a) Present evidence to the Attorney General that
it is in compliance with NRS 444.048; or
(b) Begin any action necessary to comply with the
requirements of NRS 444.048 and notify the Attorney
General of the date on which it will be in compliance with those requirements.
3. If the public body fails to comply with
NRS 444.048, the Attorney General shall take such
action as is necessary to ensure compliance with NRS
444.048, including, without limitation, commencing proceedings in a court
of competent jurisdiction, if appropriate.
(Added to NRS by 1997, 784)
COMMON TOWELS
NRS 444.050 “Common towel” defined. A
“common towel” is defined as any substance made of cloth or any other material
used for the purpose of drying or cleansing the face, hands or any other
portion of the human body, which may be used by more than one person.
[1:17:1925; NCL § 10549]
NRS 444.060 Use in public place prohibited; penalty.
1. It shall be unlawful for any person
owning, operating or managing a public place of any kind or character to
exhibit for use or permit the use of a common towel as described in NRS 444.050.
2. Any person violating any of the
provisions of this section shall be guilty of a misdemeanor.
[2:17:1925; NCL § 10550] + [3:17:1925; NCL §
10551]—(NRS A 1967, 579)
PUBLIC SWIMMING POOLS AND BATHHOUSES; NUDIST COLONIES
NRS 444.065 “Public swimming pool” defined.
1. Except as otherwise provided in
subsection 2, as used in NRS 444.065 to 444.120, inclusive, “public swimming pool” means any
structure containing an artificial body of water that is intended to be used
collectively by persons for swimming or bathing, regardless of whether a fee is
charged for its use.
2. The term does not include any such
structure at:
(a) A private residence if the structure is
controlled by the owner or other authorized occupant of the residence and the
use of the structure is limited to members of the family of the owner or
authorized occupant of the residence or invited guests of the owner or
authorized occupant of the residence.
(b) A family foster home as defined in NRS 424.013.
(c) A child care facility, as defined in NRS 441A.030, furnishing care to 12
children or less.
(d) Any other residence or facility as determined
by the State Board of Health.
(e) Any location if the structure is a privately
owned pool used by members of a private club or invited guests of the members.
(Added to NRS by 1993, 2504; A 2009, 2819;
2011, 1999)
NRS 444.070 Health authority to supervise public swimming pools and
bathhouses; regulations.
1. The health authority shall supervise
the sanitation, healthfulness, cleanliness and safety of public swimming pools
and bathhouses and the State Board of Health or local board of health may adopt
and enforce such rules and regulations pertaining thereto as it deems necessary
to carry out the provisions of NRS 444.065 to 444.120, inclusive.
2. Rules and regulations adopted pursuant
to subsection 1 must not deny the use of a public spa to a child who is under
12 years of age and has adult supervision.
[1:38:1935; 1931 NCL § 5313.01]—(NRS A 1963, 954;
1969, 1019; 1987,
184; 1993,
2504; 1995,
66)
NRS 444.080 Operation without permit unlawful; procedure for application for
and granting of permit.
1. It shall be unlawful for any person,
firm, corporation, institution or municipality to construct or to operate or
continue to operate any public swimming pool, bathhouse, or nudist colony, or
any structure intended to be used for swimming or bathing purposes within the
State of Nevada without a permit to do so from the health authority.
2. Any person, firm, corporation,
institution or municipality desiring to construct or to operate and maintain
any public swimming pool, bathhouse or structure intended to be used for
swimming or bathing purposes within the State of Nevada shall file an
application for permission to do so with the health authority.
3. The application shall state:
(a) The source of water supply.
(b) The amount and quality of water available and
intended to be used.
(c) The method and manner of water purification,
treatment, disinfection, heating, regulating and cleaning.
(d) The lifesaving apparatus and measures to
insure safety of bathers.
(e) The measures to insure personal cleanliness
of bathers.
(f) The methods and manner of washing,
disinfecting, drying and storing bathing apparel and towels.
(g) All other information and statistics that may
be required by the regulations of the State Board of Health or local board of
health.
4. Upon receipt of the application, the
health authority shall cause an investigation to be made of the proposed or
existing pool, and if the health authority determines as a fact that the same
is or may reasonably be expected to become unclean or insanitary or may
constitute a menace to public health, the health authority shall deny the
permit. If the health authority determines as a fact that the same is or may
reasonably be expected to be conducted continuously in a clean and sanitary
manner and will not constitute a menace to public health, the health authority
shall grant the permit under such restrictions as the authority shall deem
proper.
[2:38:1935; 1931 NCL § 5313.02]—(NRS A 1963, 954;
1969, 1019)
NRS 444.090 Inspection; reporting and publication of results.
1. For the purposes of NRS 444.065 to 444.120,
inclusive, the health authority must be permitted to enter upon any and all
parts of the premises of bathing and swimming places to examine and investigate
the sanitary condition of such places and to determine whether the provisions
of NRS 444.065 to 444.120,
inclusive, or the rules and regulations of the State Board of Health or local
board of health pertaining thereto are being violated.
2. The results of an inspection must be
reported to the health authority within 7 days following the inspection.
3. The health authority may publish the
report of the inspection.
[3:38:1935; 1931 NCL § 5313.03]—(NRS A 1963, 955;
1969, 1020; 1987,
184; 1993,
1327, 2505)
NRS 444.100 Suspension or revocation of permit: Grounds; procedure;
regulations.
1. Except as otherwise provided in
subsection 2, any permit granted by the health authority pursuant to NRS 444.080 is subject to suspension at any time by
the health authority if it determines that the swimming or bathing place is
being operated in a manner insanitary, unclean or dangerous to public health,
or in violation of NRS 444.105.
2. Except in the case of a violation of NRS 444.105 or an imminent health hazard, before
suspending such a permit, the health authority shall give the permittee:
(a) A written notice of the determination that
the place is being operated in such a manner;
(b) A written statement of the facts upon which
the determination was made; and
(c) A list of actions necessary to correct the
insanitary, unclean or dangerous conditions.
Ê The
permittee must be allowed, from the time he or she receives the notice of the
suspension, a reasonable time not less than 48 hours to correct the offensive
conditions. If the required corrections are not made within the time allowed,
the health authority may revoke the permit.
3. The State Board of Health shall adopt
regulations which provide for a timely review of such revocations and
suspensions during which the health authority and the permittee must be given
an opportunity to be heard.
[4:38:1935; 1931 NCL § 5313.04]—(NRS A 1963, 955;
1969, 1020; 1987,
185, 1470)
NRS 444.105 Person with physical disability may use lifesaving device in
public swimming pool; conditions. No
person may prohibit any person with a physical disability from using a life
preserver or other lifesaving device in a public swimming pool if the person
using the device presents a written statement signed by a licensed physician
indicating that the person has a physical disability which requires the use of
that device.
(Added to NRS by 1987, 184)
NRS 444.110 Swimming pool as public nuisance; abatement. Any swimming pool constructed, operated or
maintained contrary to the provisions of NRS 444.065
to 444.120, inclusive, is hereby declared to be a
public nuisance, dangerous to health. Such a nuisance may be abated or enjoined
in an action brought by the local board of health or the health authority.
[5:38:1935; 1931 NCL § 5313.05]—(NRS A 1963, 955;
1969, 1020; 1993,
2505)
NRS 444.115 Competency of lifeguard on duty at facility of State or local
government.
1. If a lifeguard is on duty at a facility
or other property owned or operated by the State of Nevada or a political
subdivision thereof where recreational swimming is available in a natural or
artificial body of water, the lifeguard must have satisfactorily completed an
advanced lifesaving course offered by the Red Cross or an equivalent course. A
current certificate indicating that the lifeguard has satisfactorily completed
such a course must be posted in a prominent place near the lifeguard’s
workstation or otherwise be made available for public inspection during all
business hours.
2. The employer of such a lifeguard may
require the lifeguard to demonstrate his or her competency at any time during
the employment of the lifeguard.
(Added to NRS by 1993, 1327)
NRS 444.120 Penalties.
1. Any person, whether as principal or
agent, or employer or employee, who violates any of the provisions of NRS 444.065 to 444.110,
inclusive, is guilty of a misdemeanor.
2. Each day that conditions or actions in
violation of NRS 444.065 to 444.110,
inclusive, continue shall be deemed a separate and distinct offense.
[6:38:1935; 1931 NCL § 5313.06]—(NRS A 1967, 579; 1987, 185; 1993, 2505)
CONSTRUCTION AND LABOR CAMPS
NRS 444.130 Sanitary conditions of bunkhouses, tents and surrounding grounds
of camp where five or more persons are employed.
1. In or at any construction or labor camp
where five or more persons are employed, bunkhouses, tents or other suitable
sleeping places must be provided for all the employees. The bunkhouses, tents
or other sleeping places shall:
(a) Be in good structural condition, and so
constructed as to provide shelter to the occupants against the elements and so
as to exclude dampness in inclement weather.
(b) Be kept in a cleanly state, and free from
vermin and matter of an infectious and contagious nature.
2. The grounds around such bunkhouses,
tents or other sleeping places shall be kept clean and free from accumulations
of dirt, filth, garbage and other deleterious matter.
[1:47:1923; NCL § 2816]—(NRS A 1957, 224)
NRS 444.140 Air space in bunkhouse or tent; bunk, bed or mattress to be
supplied to employee.
1. Every bunkhouse, tent or other sleeping
place used for the purpose of a lodging or sleeping apartment in such camp
shall contain sufficient air space to insure an adequate supply of fresh air
for each person occupying such bunkhouse, tent or other sleeping place.
2. Suitable bunks or beds shall be provided
for all employees. Such bunks or beds shall be made of steel, canvas or other
sanitary material, and shall be so constructed as to afford reasonable comfort
to the persons occupying the same. A clear space of at least 20 inches
extending from the floor to the ceiling or roof of any bunkhouse, tent or other
sleeping place must be allowed between each bed or bunk in any bunkhouse, tent
or sleeping place.
3. Upon the request of an employee, he or
she must be supplied with a mattress or some equally comfortable bedding for
which a reasonable charge may be made, the same to be deducted from the
employee’s wages. When straw or other substitute for a mattress is used, a
container or tick must be provided.
[2:47:1923; NCL § 2817]
NRS 444.150 Sanitary conditions of dining rooms, kitchens, dishes and
cooking utensils.
1. Every mess house, dining room, mess
tent, dining tent, kitchen or other structure where food is cooked, prepared or
served in such camp shall be kept in a clean and sanitary state, and the
openings of such structures shall be screened.
2. All dishes, cooking utensils, or other
vessels in which food is prepared or kept or from which food is to be eaten,
and all knives, forks, spoons and other implements used in the eating of food
must be kept in a clean, unbroken and sanitary condition.
[3:47:1923; NCL § 2818]
NRS 444.160 Toilet facilities or portable facilities for temporarily holding
sewage. Every construction or
labor camp must have convenient and suitable toilet facilities or portable
facilities for temporarily holding sewage that is treated with chemicals which
must be kept in a clean and sanitary state. The toilet facilities and portable
facilities must conform to the provisions of the Uniform Plumbing Code
of the International Association of Plumbing and Mechanical Officials, as
adopted by the Division, and all applicable administrative regulations which
pertain to the disposal of sewage.
[4:47:1923; NCL § 2819]—(NRS A 1993, 2639)
NRS 444.170 Disposal of garbage and drainage from kitchen sink.
1. All garbage, kitchen wastes and other
rubbish in such camp shall be deposited in suitable covered receptacles which
shall be emptied daily, or oftener if necessary, and the contents burned,
buried or otherwise disposed of in such a way as not to be or become offensive
or insanitary.
2. All drainage from the kitchen sink
shall be carried through a covered drain to a covered septic tank or otherwise
disposed of in such a way as not to become offensive or insanitary.
[5:47:1923; NCL § 2820]—(NRS A 1969, 1020)
NRS 444.180 Employer to keep camp clean; appointment of responsible person
to keep camp clean.
1. Any person, firm, corporation, agent or
officer of a firm or corporation employing persons to work in or at camps to
which the provisions of NRS 444.130 to 444.200, inclusive, apply and the superintendent or overseer
in charge of the work in or at such camps shall carry out the provisions of NRS 444.130 to 444.200,
inclusive.
2. At every such camp such owner,
superintendent or overseer shall appoint a responsible person to assist in
keeping the camp clean.
[6:47:1923; NCL § 2821]
NRS 444.190 Powers of health authority; abatement of construction camp as
public nuisance.
1. The health authority shall administer NRS 444.130 to 444.200,
inclusive, and the State Board of Health or local boards of health shall have
full power and authority to declare and prescribe such reasonable standards and
regulations as will tend to insure the observance of NRS
444.130 to 444.200, inclusive.
2. The health authority shall secure the
enforcement of the provisions of NRS 444.130 to 444.200, inclusive, and for such purposes the health
authority shall have the right:
(a) To enter upon either public or private
property within the State to determine whether or not there exists upon such
property any camp to which the provisions of NRS
444.130 to 444.200, inclusive, may apply.
(b) To enter and inspect all camps within the
State of Nevada wherever the same may be situated, and to inspect all
accommodations, equipment or paraphernalia connected therewith.
(c) To enter upon and inspect all adjacent land
surrounding any such camp to determine whether or not the sanitary and other
requirements of NRS 444.130 to 444.200, inclusive, have been or are being complied
with.
3. Any camp coming under the provisions of
NRS 444.130 to 444.200,
inclusive, which does not conform to the provisions of NRS
444.130 to 444.200, inclusive, is hereby
declared a public nuisance and if not made to so conform within 5 days or
within such longer period of time as may be allowed by the health authority,
after written notice given by the health authority, shall be abated by proper
action brought for that purpose in the district court of the county in which
such camp, or the greater portion thereof, is situated.
[7:47:1923; NCL § 2822]—(NRS A 1963, 955; 1969, 1020)
NRS 444.200 Penalty. Any
person, firm, corporation, agent or officer of a firm or corporation, or any
superintendent or overseer in charge of the work in or at any camp coming under
the provisions of NRS 444.130 to 444.190, inclusive, who shall violate or fail to
comply with the provisions of NRS 444.130 to 444.190, inclusive, is guilty of a misdemeanor.
[8:47:1923; NCL § 2823]—(NRS A 1967, 580)
CHILDREN’S CAMPS
NRS 444.220 “Children’s camp” defined. As
used in NRS 444.220 to 444.320,
inclusive: “Children’s camp” means any land with permanent buildings, tents or
other structures established or maintained as living quarters where both food
and lodging or the facilities therefor are provided for minors, operated
continuously on a 24-hour basis for a period of 5 days or more each year for religious,
recreational or vacation purposes, either free of charge or for a fee, but does
not include any camps owned or leased for individual or family use, penal or
correctional purposes, or places operated for the education, care or treatment
of children.
(Added to NRS by 1967, 1049; A 1985, 516)
NRS 444.230 Operation without license prohibited; procedure for application
and granting of licenses; posting of license.
1. The boards of health of health
districts and counties shall issue licenses to qualified applicants for the
operation of children’s camps. No children’s camp may be operated without first
obtaining such a license.
2. Annually or before May 1, every person
operating or seeking to operate a children’s camp shall make application in
writing to the board of health of the appropriate health district or county for
a license to conduct a children’s camp. The application shall be in such form
and shall contain such information as the board of health finds necessary to
determine that the children’s camp will be operated and maintained in
accordance with the standards prescribed by NRS 444.220
to 444.320, inclusive.
3. When a person operates or is seeking to
operate more than one children’s camp, a separate application shall be made,
and license obtained, for each camp.
4. The license shall be posted in a
conspicuous place on the premises occupied by each camp.
(Added to NRS by 1967, 1049)
NRS 444.240 Fee for license; renewals. The
fee for a children’s camp license shall be $25 for the first license and $10
for each renewal of the license thereafter.
(Added to NRS by 1967, 1049)
NRS 444.250 Location, layout and drainage of camp; containers for garbage.
1. Every children’s camp shall be located
on well drained ground near an adequate safe water supply.
2. The general layout of a children’s camp
shall be planned to lessen fire, accident and disease hazards.
3. In every children’s camp all kitchen,
toilet, bath and other drainage shall be disposed of in such manner as to
prevent fly and mosquito breeding and the pollution of any water or food
supply.
4. A reasonable number of watertight metal
garbage containers with lids shall be provided. The containers shall be emptied
and cleaned as necessary, and the garbage disposed of in accordance with
minimum standards of the appropriate board of health of a health district or
county.
(Added to NRS by 1967, 1049)
NRS 444.260 Equipment and area used to prepare and store food to be kept
clean; supply of water.
1. All food storage, preparation and
service space and equipment in children’s camps shall be maintained clean and
free from dust and insects, and the equipment shall be disinfected after each
use.
2. Refrigeration equipment in such camps
shall be available with provisions for preserving perishable foods in a
temperature of not over 50° F.
3. Each such camp shall be provided with a
water supply of sufficient quantity of a safe sanitary quality, meeting the
minimum standards of the board of health of the appropriate health district or
county.
4. Crossflow or backflow connections with
contaminated water supplies or other possible sources of contamination are prohibited
in such camps.
(Added to NRS by 1967, 1050)
NRS 444.270 Toilets and disposal systems or portable facilities for
temporarily holding sewage.
1. Every children’s camp must have
suitable toilets and disposal systems or portable facilities for temporarily
holding sewage that is treated with chemicals which conform to the provisions
of the Uniform Plumbing Code of the International Association of
Plumbing and Mechanical Officials, as adopted by the Division, and all
applicable administrative regulations which pertain to the disposal of sewage.
2. A children’s camp must provide one
toilet or portable facility for every 15 persons or fraction thereof in the
camp population.
(Added to NRS by 1967, 1050; A 1993, 2639)
NRS 444.280 Inspection; correction of failure to comply with standards;
suspension or revocation of license.
1. The board of health of the appropriate
health district or county may make such inspections of each children’s camp as
it finds necessary and when it is found that there is a failure to comply with
any of the standards prescribed by NRS 444.220 to 444.320, inclusive, such board of health shall give
notice to the camp operator of such failure, which notice shall set forth the
law violated.
2. The children’s camp operator shall have
a reasonable time after receiving such notice in which to correct such failure
and to comply with the standards prescribed by NRS
444.220 to 444.320, inclusive.
3. In the event the camp operator fails to
comply with the requirements of such notice within a reasonable time, such
board of health may suspend or revoke the license of the camp operator.
(Added to NRS by 1967, 1050)
NRS 444.290 Reinstatement of license. When
a license has been suspended or revoked by the board of health of an
appropriate health district or county, it shall be reinstated upon compliance
with the standards prescribed by NRS 444.220 to 444.320, inclusive.
(Added to NRS by 1967, 1050)
NRS 444.300 Exemption of certain employees from laws governing minimum wage. Any person employed by a children’s camp on a
written contract basis for a specified term longer than 1 week is exempt from
the provisions of NRS 608.250 to 608.290, inclusive, and chapter 609 of NRS relating to daily and weekly
hours of labor only if such camp is operated by a nonprofit organization which
is exempt from federal income tax under I.R.C. § 501.
(Added to NRS by 1967, 1050)
NRS 444.310 Powers and duties of Division not limited by NRS
444.220 to 444.320, inclusive. Nothing in NRS 444.220
to 444.320, inclusive, shall be interpreted to
limit the powers and duties of the Division prescribed by NRS 439.170 and 439.570.
(Added to NRS by 1967, 1050)
NRS 444.320 Penalties. Any
person who violates any provision of NRS 444.220 to
444.300, inclusive, is guilty of a misdemeanor.
(Added to NRS by 1967, 1050)
PUBLIC INSTITUTIONS
NRS 444.330 Division to supervise sanitation of certain state institutions;
regulations; inspections and reports.
1. The Division has supervision over the
sanitation, healthfulness, cleanliness and safety, as it pertains to the
foregoing matters, of the following state institutions:
(a) Institutions and facilities of the Department
of Corrections.
(b) Northern Nevada Adult Mental Health Services.
(c) Nevada Youth Training Center, Caliente Youth
Center and any other state facility for the detention of children that is
operated pursuant to title 5 of NRS.
(d) Nevada System of Higher Education.
2. The State Board of Health may adopt
regulations pertaining thereto as are necessary to promote properly the
sanitation, healthfulness, cleanliness and, as it pertains to the foregoing
matters, the safety of those institutions.
3. The Chief Medical Officer or an
authorized agent of the Officer shall inspect those institutions at least once
each calendar year and whenever he or she deems an inspection necessary to
carry out the provisions of this section. The inspection of any state facility
for the detention of children that is operated pursuant to title 5 of NRS must
include, without limitation, an inspection of all areas where food is prepared
and served, bathrooms, areas used for sleeping, common areas and areas located
outdoors that are used by children at the facility.
4. The Chief Medical Officer shall publish
reports of the inspections of any state facility for the detention of children
that is operated pursuant to title 5 of NRS and may publish reports of the
inspections of other state institutions.
5. All persons charged with the duty of
maintenance and operation of the institutions named in this section shall
operate the institutions in conformity with the regulations adopted by the
State Board of Health pursuant to subsection 2.
6. The Chief Medical Officer or an
authorized agent of the Officer may, in carrying out the provisions of this
section, enter upon any part of the premises of any of the institutions named
in this section over which he or she has jurisdiction, to determine the
sanitary conditions of the institutions and to determine whether the provisions
of this section and the regulations of the State Board of Health pertaining
thereto are being violated.
(Added to NRS by 1969, 1021; A 1973, 117, 227, 1636;
1983, 728; 1989,
1961; 1993,
403; 2001,
1117; 2001
Special Session, 240; 2003, 1151; 2005, 22nd
Special Session, 56; 2007, 1194; 2013, 3052)
NRS 444.335 Health authority to supervise sanitation of certain local
institutions; regulations; inspections and reports.
1. The health authority shall have
supervision over the sanitation, healthfulness, cleanliness and safety, as it
pertains to the foregoing matters, of the following city, county and private
institutions:
(a) Jails, correctional institutions and other
institutions performing similar functions, including, without limitation, any
facility for the detention of children;
(b) Schools; and
(c) School gymnasiums.
2. The State Board of Health shall, with
respect to jails, correctional institutions and other institutions performing
similar functions, including, without limitation, any facility for the
detention of children, and may, with respect to the other institutions named in
subsection 1, adopt and enforce such regulations as are necessary to promote
properly the sanitation, healthfulness, cleanliness and safety, as it pertains
to the foregoing matters, of those institutions.
3. The health authority shall inspect
those institutions at least once each calendar year and at such other times as,
in its discretion, it deems an inspection necessary to carry out the provisions
of this section, except that inspections of schools and gymnasiums shall be
made at least twice each year, once during each semester. The inspection of any
institution which has physical custody of children pursuant to the order of a
court must include, without limitation, an inspection of all areas where food is
prepared and served, bathrooms, areas used for sleeping, common areas and areas
located outdoors that are used by children at the facility.
4. A report of the findings of an
inspection must be made to the Chief Medical Officer within 20 days following
the inspection. The Chief Medical Officer shall publish the report of the
inspection of any facility which has physical custody of children pursuant to
the order of a court and may from time to time, in his or her discretion,
publish the reports of the inspections of other institutions.
5. All persons charged with the duty of
maintenance and operation of the institutions named in this section shall
operate those institutions in conformity with regulations relating to
sanitation, healthfulness, cleanliness and safety, as it pertains to the
foregoing matters, adopted by the State Board of Health.
6. The health authority may, in carrying
out the provisions of this section, enter upon any part of the premises of any
of the institutions named in this section over which it has jurisdiction, to
determine the sanitary conditions of those places and to determine whether the
provisions of this section and the regulations of the State Board of Health
pertaining thereto are being violated.
(Added to NRS by 1973, 228; A 1979, 1009; 2007, 1195)
UNIFORM PLUMBING CODE
NRS 444.340 Declaration of state policy. The
policy of the State of Nevada with respect to the uniformity of plumbing codes
throughout the State is:
1. That uniformity is a matter of
statewide interest and concern, affecting health and environmental conditions,
housing costs and efficiency in private housing construction.
2. That, by allowing local governments to
waive and modify provisions of the Uniform Plumbing Code, adopted by the
International Association of Plumbing and Mechanical Officials, based on
differences in geographic and climatic conditions only upon submission of such
proposed waivers and modifications to the State Public Works Board, excessive
waivers and modifications would be deterred.
(Added to NRS by 1971, 233; A 1977, 1219)
NRS 444.350 Compliance with and local modification of Code; use of materials
containing lead; approval of amendments to Code by Chair of State Public Works
Board.
1. Any construction, alteration or change
in the use of a building or other structure in this State must be in compliance
with the Uniform Plumbing Code of the International Association of
Plumbing and Mechanical Officials in the form most recently adopted by that
Association, unless the State Public Works Board posts a notice of disapproval
of any amendment to the Code pursuant to subsection 5.
2. Any city or county may adopt such
modifications as are deemed reasonably necessary because of its geographic,
topographic or climatic conditions. Any city or county desiring to make changes
to the Uniform Plumbing Code must, before its adoption, submit the Code
with the proposed amendments to the State Public Works Board.
3. No city or county may allow the use of
any solder or flux that contains more than 0.2 percent lead or allow the use of
any pipe or pipe fitting that contains more than 8 percent lead in the
installation or repair of a public water system or any residence or facility
connected to a public water system. As used in this subsection, “public water
system” has the meaning ascribed to it in NRS
445A.840.
4. A facility used by members of the
public whose construction or renovation begins on or after January 1, 1994,
must provide on its premises a sufficient number of water closets and urinals
to comply with the minimum standards set forth in the Uniform Plumbing Code.
As used in this subsection, “facility used by members of the public” means any
motion picture house, theater, concert hall, community hall, sports arena,
stadium, ski resort or other permanent place of exhibition or entertaining to
which members of the public are invited or which is intended for public use.
The term does not include:
(a) A hotel as defined in NRS 447.010.
(b) A food establishment as defined in NRS 446.020.
(c) A children’s camp as defined in NRS 444.220.
(d) A historic structure as defined in NRS 244A.6825.
(e) A public or private school.
(f) A convention hall.
5. The Chair of the State Public Works
Board or the Chair’s designee shall review each amendment to the Uniform
Plumbing Code and approve or disapprove of the amendment for use in Nevada.
If the Chair does not post a notice of disapproval within 30 days after an
amendment is published, the amendment shall be deemed approved for this State.
6. As used in this section, unless the
context otherwise requires, “convention hall” means a facility which
incorporates both space for exhibitions and a substantial number of smaller
spaces for meetings, and which is primarily for use by trade shows, public
shows, conventions or related activities.
(Added to NRS by 1971, 233; A 1975, 201; 1977, 1219; 1985, 372; 1989, 1094; 1991, 482; 1993, 324; 1995, 1529, 2506, 2507)
NRS 444.420 Duties of State Public Works Board. The
State Public Works Board shall:
1. Review all proposed adoptions of the Uniform
Plumbing Code by any city or county and any proposed changes to the Uniform
Plumbing Code, and advise such city or county on whether or not such change
is deemed warranted by geographic, topographic or climatic conditions.
2. Submit a copy of the Uniform
Plumbing Code adopted by any city or county to the Division.
(Added to NRS by 1971, 234; A 1973, 1406; 1975, 202;
1977, 1220)
NRS 444.430 Power of local government to adopt regulations; procedure.
1. The governing body of any city or
county shall, 60 days prior to the adoption of any regulation for the
enforcement of the Uniform Plumbing Code or any other regulations
pursuant thereto, deliver by certified or registered mail, a copy of the
proposed regulation to the State Public Works Board for the Board’s
recommendation on the proposed regulation.
2. The governing body of the city or
county may, 60 days after the State Public Works Board receives the copy of the
proposed regulation, adopt the regulation with or without the approval of the
State Public Works Board.
(Added to NRS by 1971, 235; A 1975, 202; 1977, 1220)
PLASTIC BOTTLES AND CONTAINERS
NRS 444.435 Definitions. As
used in this section and NRS 444.436 and 444.437, unless the context otherwise requires:
1. “Plastic” means a material made of
polymeric organic compounds and additives that can be shaped by flow.
2. “Plastic bottle” means a plastic
container intended for single use that has a:
(a) Neck smaller than the body of the container;
(b) Screw-top, snap-cap or other closure; and
(c) Capacity of not less than 16 fluid ounces nor
more than 5 gallons.
3. “Rigid plastic container” means a
formed or molded container intended for a single use, composed predominantly of
plastic resin, that has a relatively inflexible finite shape or form and a
capacity of not less than 8 ounces nor more than 5 gallons. The term does not
include a plastic bottle.
(Added to NRS by 1991, 1102)
NRS 444.436 Manufacture or distribution prohibited without symbol indicating
plastic resin used to produce bottle or container; penalty.
1. A person shall not manufacture or
distribute a plastic bottle or rigid plastic container unless the appropriate
symbol indicating the plastic resin used to produce the bottle or container, as
provided in NRS 444.437, is molded into or
imprinted on the bottom or near the bottom of the bottle or container.
2. A person who violates subsection 1
shall be punished by a fine of not more than $500 for each violation.
(Added to NRS by 1991, 1102)
NRS 444.437 Symbols required; maintenance of list of symbols; copy of list
to be provided upon request.
1. The symbol required by NRS 444.436 must consist of:
(a) A number placed within a triangle of arrows;
and
(b) Letters placed below the triangle of arrows.
Ê The triangle
must be equilateral, formed by three arrows with the apex of each point of the
triangle at the midpoint of each arrow, rounded with a short radius. The
arrowhead of each arrow must be at the midpoint of each side of the triangle
with a short gap separating the arrowhead from the base of the adjacent arrow.
The triangle formed by the arrows must depict a clockwise path around the
number.
2. The following letters and numbers must be
used to indicate the following plastic resins:
(a) “PETE” and “1” to indicate polyethylene
terephthalate.
(b) “HDPE” and “2” to indicate high density
polyethylene.
(c) “V” and “3” to indicate vinyl.
(d) “LDPE” and “4” to indicate low density
polyethylene.
(e) “PP” and “5” to indicate polypropylene.
(f) “PS” and “6” to indicate polystyrene.
(g) “OTHER” and “7” to indicate all other plastic
resins.
3. A plastic bottle or rigid plastic
container with a base cup or other component of a material different from the
basic material used in making the bottle or container may, if the materials are
compatible in recycling systems, bear the symbol indicating its basic material
even if the symbol is applied to the base cup of the secondary material. If the
materials are not compatible, the bottle or container shall bear the symbol “7”
or “OTHER.”
4. The State Department of Conservation
and Natural Resources shall:
(a) Maintain a list of the symbols; and
(b) Provide a copy of that list to any person
upon request.
(Added to NRS by 1991, 1102)
COLLECTION AND DISPOSAL OF SOLID WASTE
NRS 444.440 Declaration of state policy. It
is hereby declared to be the policy of this State to regulate the collection
and disposal of solid waste in a manner that will:
1. Protect public health and welfare.
2. Prevent water or air pollution.
3. Prevent the spread of disease and the
creation of nuisances.
4. Conserve natural resources.
5. Enhance the beauty and quality of the environment.
(Added to NRS by 1971, 1178)
NRS 444.450 Definitions. As
used in NRS 444.440 to 444.620,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 444.460 to 444.501,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1971, 1178; A 1987, 1491; 1991, 1672, 2191; 1993, 14; 2009, 1080)
NRS 444.460 “Disposal site” defined. “Disposal
site” means any place at which solid waste is dumped, abandoned or accepted or
disposed of by incineration, land filling, composting or any other method. The
term includes a municipal solid waste landfill.
(Added to NRS by 1971, 1178; A 1993, 14)
NRS 444.463 “Facility for the management of waste tires” defined. “Facility for the management of waste tires”
means a site at which waste tires are deposited for processing, recycling or
use as a fuel and which has been issued a permit for that purpose pursuant to
the regulations adopted pursuant to NRS 444.505.
(Added to NRS by 2009, 1078)
NRS 444.465 “Municipal solid waste landfill” defined. “Municipal solid waste landfill” has the
meaning ascribed to it in the Resource Conservation and Recovery Act of 1976,
Subtitle D, 42 U.S.C. §§ 6941 et seq., and the regulations adopted pursuant
thereto.
(Added to NRS by 1993, 10)
NRS 444.470 “Municipality” defined. “Municipality”
means any county and any city or town, whether incorporated or unincorporated,
and Carson City.
(Added to NRS by 1971, 1178)
NRS 444.475 “Passenger car” defined. “Passenger
car” has the meaning ascribed to it in NRS
482.087.
(Added to NRS by 2009, 1078)
NRS 444.480 “Person” defined. “Person”
includes any state or federal agency.
(Added to NRS by 1971, 1178; A 1985, 516)
NRS 444.490 “Solid waste” defined. “Solid
waste” means all putrescible and nonputrescible refuse in solid or semisolid
form, including, but not limited to, garbage, rubbish, junk vehicles, ashes or
incinerator residue, street refuse, dead animals, demolition waste,
construction waste, solid or semisolid commercial and industrial waste. The
term does not include hazardous waste managed pursuant to NRS 459.400 to 459.600, inclusive.
(Added to NRS by 1971, 1178; A 1981, 888)
NRS 444.495 “Solid waste management authority” defined. “Solid waste management authority” means:
1. Except as otherwise provided in
subsection 2, the district board of health in any area in which a health
district has been created pursuant to NRS
439.362 or 439.370 and in any area
over which the board has authority pursuant to an interlocal agreement, if the
board has adopted all regulations that are necessary to carry out the
provisions of NRS 444.440 to 444.620,
inclusive.
2. In all other areas of the State and
pursuant to NRS 704.7318, at any site
previously used for the production of electricity from a coal-fired electric
generating plant in this State, the Division of Environmental Protection of the
State Department of Conservation and Natural Resources.
(Added to NRS by 1993, 10; A 2005, 2468; 2009, 1080;
2013, 3086)
NRS 444.500 “Solid waste management system” defined. “Solid waste management system” means the
entire process of storage, collection, transportation, processing, recycling
and disposal of solid waste. The term includes plans and programs for the
reduction of waste and public education.
(Added to NRS by 1971, 1178; A 1981, 858; 1993, 14)
NRS 444.501 “Waste tire” defined. “Waste
tire” means a passenger car tire that is not suitable for its intended purpose
because of wear, damage or defect.
(Added to NRS by 2009, 1078)
NRS 444.505 Management and disposal of waste tires: Regulations for issuance
of permits to operate facility and for program of recycling and reuse.
1. The district board of health of a health
district created pursuant to NRS 439.362
or 439.370 shall, in a timely manner,
adopt regulations:
(a) For the issuance of a permit to operate a
facility for the management of waste tires in the health district and in any
area over which the board has authority pursuant to an interlocal agreement;
(b) If the district board of health issues a
permit to operate a facility for the management of waste tires, prohibiting the
disposal of waste tires in any municipal solid waste landfill in the health
district and in any area over which the board has authority pursuant to an
interlocal agreement by a retail seller of new motor vehicles tires or a
wholesale seller of new motor vehicle tires; and
(c) To establish and carry out a program for the
recycling and reuse of waste tires in the health district and in any area over
which the board has authority pursuant to an interlocal agreement.
2. The regulations adopted pursuant to
subsection 1 must:
(a) Provide for acceptable alternatives to the
disposal of a waste tire in a municipal solid waste landfill;
(b) Provide for the inspection of a facility for
the management of waste tires to ensure that the operator of the facility
complies with those regulations;
(c) Prohibit a facility for the management of
waste tires from refusing to accept a waste tire offered for disposal, except
in accordance with the provisions of the permit issued to the operator of the
facility;
(d) Establish requirements concerning the
transportation and storage of waste tires prior to disposal;
(e) Establish a procedure for applications for
exemptions or waivers from any of those regulations;
(f) Provide for an exemption from any penalty
imposed pursuant to those regulations for any person who inadvertently or
unintentionally disposes of a waste tire in a municipal solid waste landfill in
violation of those regulations;
(g) Not prohibit the lawful disposal of a waste
tire outside of the health district; and
(h) In addition to the penalties described in NRS 444.507 and 444.509,
provide for a penalty for a violation of any of those regulations.
3. In a county in which a health district
has not been created pursuant to NRS
439.362 or 439.370, the State
Environmental Commission may adopt regulations:
(a) Authorizing the Division of Environmental
Protection of the State Department of Conservation and Natural Resources to
issue a permit for the operation of a facility for the management of waste
tires in the county;
(b) If a facility for the management of waste
tires has been issued a permit in the county, prohibiting the disposal of waste
tires in a municipal solid waste landfill in the county; and
(c) To establish and carry out a program for the
recycling and reuse of waste tires in the county.
4. Any regulation adopted pursuant to this
section which prohibits the disposal of a waste tire in a municipal solid waste
landfill does not apply to the disposal of a waste tire if the unavailability
of a facility for the management of waste tires makes disposal at such a
facility impracticable. The provisions of this subsection do not exempt a
person from any other regulation adopted pursuant to this section.
5. The regulations adopted by a district
board of health pursuant to this section must not conflict with regulations
adopted by the State Environmental Commission.
(Added to NRS by 2009, 1078)
NRS 444.507 Management and disposal of waste tires: Permit required to
operate facility; penalties for violation.
1. A person shall not operate a facility
for the management of waste tires unless the operator:
(a) Holds a permit to operate the facility for
the management of waste tires issued by the district board of health or the
Division of Environmental Protection of the State Department of Conservation
and Natural Resources in accordance with the regulations adopted pursuant to NRS 444.505; and
(b) Complies with the terms and conditions of the
permit.
2. A person who violates the provisions of
subsection 1 is guilty of a misdemeanor.
3. Each day or part of a day during which
the violation is continued or repeated constitutes a separate offense.
4. Except as otherwise provided in NRS 445C.010 to 445C.120, inclusive:
(a) A person convicted of violating subsection 1
is, in addition to any criminal penalty imposed, liable for a civil penalty
upon each such conviction; and
(b) A court before whom a defendant is convicted
of a violation of subsection 1 shall, for each violation, order the defendant
to pay a civil penalty of at least $500 but not more than $5,000.
(Added to NRS by 2009, 1079)
NRS 444.509 Management and disposal of waste tires: Unlawful to dispose of
waste tire in solid waste landfill if permit issued for operation of facility
in health district or county; exceptions.
1. Except as otherwise provided in
subsection 2, in any health district created pursuant to NRS 439.362 or 439.370 and any area over which the
district board of health has authority pursuant to an interlocal agreement or
any county in which a permit for the operation of a facility for the management
of waste tires has been issued pursuant to NRS 444.505,
a person who willfully disposes of a waste tire generated in that health
district or county in any municipal solid waste landfill in this State is
guilty of a misdemeanor and, except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, shall be punished
by a fine of not less than $100 per violation. Each waste tire disposed of in
violation of the provisions of this section constitutes a separate violation.
2. The provisions of subsection 1 do not
apply:
(a) To a person who inadvertently or
unintentionally disposes of a waste tire in a municipal solid waste landfill in
violation of the provisions of subsection 1; or
(b) If the unavailability of a facility for the
management of waste tires makes disposal of a waste tire at a site other than a
municipal solid waste landfill impracticable.
(Added to NRS by 2009, 1080)
NRS 444.510 Municipal solid waste management systems: Development, revision
and approval of plans; cooperative agreements.
1. The governing body of every
municipality or district board of health created pursuant to NRS 439.362 or 439.370 shall develop a plan to provide
for a solid waste management system which adequately provides for the
management and disposal of solid waste within the boundaries of the
municipality or within the area to be served by the system, whether generated
within or outside of the boundaries of the area.
2. The plan may include ordinances adopted
pursuant to NRS 444.520 and 444.530.
3. Such a governing body may enter into
agreements with governing bodies of other municipalities, or with any person,
or with a combination thereof, to carry out or develop portions of the plan
provided for in subsection 1, or both, and to provide a solid waste management
system, or any part thereof.
4. Any plan developed by the governing
body of a municipality or district board of health created pursuant to NRS 439.362 or 439.370 must be submitted to the State
Department of Conservation and Natural Resources for approval according to a
schedule established by the State Environmental Commission. No action may be
taken by that governing body or district board of health until the plan has
been approved. The Department shall determine the adequacy of the plan within
90 days after receiving the plan. If the Department does not respond to the
plan within 90 days, the plan shall be deemed approved and becomes effective
immediately.
5. An approved plan remains in effect
until the plan is revised and the revised plan is approved. A plan must not
conflict with the statewide plan adopted by the State Environmental Commission
pursuant to NRS 444.570. Plans must be revised to
reflect proposed changes in the solid waste management system, and changes in
applicable regulations.
(Added to NRS by 1971, 1178; A 1975, 1401; 1977,
1138; 1983, 1261; 1991, 2191; 1993, 14; 2005, 2468)
NRS 444.520 Municipal solid waste management systems: Additional fees and
charges; unpaid fees and charges constitute lien against property; lien not
effective until notice given.
1. The governing body of any municipality
which has an approved plan for the management of solid waste may, by ordinance,
provide for the levy and collection of other or additional fees and charges and
require such licenses as may be appropriate and necessary to meet the
requirements of NRS 444.460 to 444.610, inclusive.
2. The fees authorized by this section are
not subject to the limit on the maximum allowable revenue from fees established
pursuant to NRS 354.5989.
3. Until paid, any fee or charge levied
pursuant to subsection 1 constitutes a perpetual lien against the property
served, superior to all liens, claims and titles other than liens for general
taxes and special assessments. The lien is not extinguished by the sale of any
property on account of nonpayment of any other lien, claim or title, except
liens for general taxes and special assessments. The lien may be foreclosed in
the same manner as provided for the foreclosure of mechanics’ liens.
4. A lien against the property served is
not effective until a notice of the lien, separately prepared for each lot
affected, is:
(a) Mailed to the last known owner at the owner’s
last known address according to the records of the county in which the property
is located;
(b) Delivered to the office of the county
recorder of the county in which the property is located;
(c) Recorded by the county recorder in a book
kept for the purpose of recording instruments encumbering land; and
(d) Indexed in the real estate index as deeds and
other conveyances are required by law to be indexed.
(Added to NRS by 1971, 1179; A 1991, 1672; 2005, 809)
NRS 444.530 Municipal solid waste management systems: Regulations for
operation. The governing body of a
municipality having a solid waste management system within its boundaries
shall, by ordinance, establish regulations for the operation of such system. No
such ordinance shall be in conflict with any regulation adopted by the State
Environmental Commission.
(Added to NRS by 1971, 1179; A 1975, 1401)
NRS 444.540 Municipal solid waste management systems: Acceptance and use of
grants or appropriations. The
governing body of a municipality may accept and disburse funds derived from
grants from any person or appropriation from the general fund in the State
Treasury for the installation and operation of a solid waste management system,
or any part thereof.
(Added to NRS by 1971, 1179)
NRS 444.550 Municipal solid waste management systems: Authority to acquire
land, machinery, equipment or facilities.
1. The governing body of any municipality
may contract for the lease or purchase of land, facilities, vehicles, machinery
or any other thing necessary to the installation or operation of a solid waste
management system.
2. The authority provided for in
subsection 1 may also be exercised in combination with another person or
governing body of a municipality.
(Added to NRS by 1971, 1179)
NRS 444.553 Permits to operate disposal sites: Issuance; requirements.
1. The solid waste management authority
shall, in accordance with the regulations of the State Environmental Commission
adopted pursuant to NRS 444.560, issue permits to
operate disposal sites.
2. A person shall not operate or authorize
the operation of a disposal site unless the operator:
(a) Holds a permit to operate the disposal site
issued by the solid waste management authority; and
(b) Complies with the terms and conditions of the
permit.
(Added to NRS by 1993, 12)
NRS 444.555 Use of certain disposal sites established by municipality
restricted; penalty. A disposal
site established by a municipality for which no person is employed to control
access to and use of the site may be used only for the disposal of solid waste
by:
1. The residents of the municipality; or
2. Tourists in the area for noncommercial
reasons.
Ê Any person
violating the provisions of this section is guilty of a misdemeanor.
(Added to NRS by 1987, 1491)
NRS 444.556 Municipal solid waste landfills: Permit required; conditions of
permit; disclosure of records regarding application for permit; powers of solid
waste management authority.
1. Before constructing or operating a
municipal solid waste landfill, the owner or operator of the landfill shall
obtain a permit issued by the solid waste management authority.
2. A permit for the construction or
operation of a municipal solid waste landfill is subject to the general
conditions of the Resource Conservation and Recovery Act of 1976, Subtitle D,
42 U.S.C. §§ 6941 et seq., and the regulations adopted pursuant thereto.
3. Any documents submitted in connection
with an application for a permit, including any modifications requested by the
solid waste management authority that require corrective action to the proposed
construction or operation, are public records and must be made available for
public comment. The final determinations made by the solid waste management
authority on an application for a permit are public records.
4. A permit issued by a solid waste
management authority must be conditioned upon all requirements that are
necessary to ensure continuing compliance with:
(a) The requirements of the Resource Conservation
and Recovery Act of 1976, Subtitle D, 42 U.S.C. §§ 6941 et seq., and the
regulations adopted pursuant thereto, which describe:
(1) General standards for a municipal
solid waste landfill;
(2) Restrictions on the location of such a
landfill;
(3) Criteria for the operation of such a
landfill;
(4) Criteria for the design of such a
landfill;
(5) Requirements for monitoring
groundwater and standards for corrective actions related thereto;
(6) Standards of care related to the
closure of such a landfill; and
(7) Financial requirements for the owners
or operators of such landfills;
(b) The applicable regulations of the State
Environmental Commission; and
(c) The applicable laws of this State.
5. A solid waste management authority may:
(a) Obtain, and the owner or operator of a
municipal waste landfill shall deliver upon request, any information necessary
to determine whether the owner or operator is or has been in compliance with
the terms and conditions of the permit, the regulations of the State
Environmental Commission, the applicable laws of this State and the provisions
of the Resource Conservation and Recovery Act of 1976, Subtitle D, 42 U.S.C. §§
6941 et seq., and the regulations adopted pursuant thereto;
(b) Conduct monitoring or testing to ensure that
the owner or operator is or has been in compliance with the terms and
conditions of the permit; and
(c) Enter any site or premises subject to the
permit, during normal business hours, on which records relevant to the
municipal solid waste landfill are kept in order to inspect those records.
(Added to NRS by 1993, 11)
NRS 444.557 Municipal solid waste landfills: Program to monitor compliance
with permits, laws and regulations; allowance of intervention.
1. A solid waste management authority
shall establish a program to monitor the compliance of a municipal solid waste
landfill with the terms and conditions of the permit issued for that landfill,
the regulations of the State Environmental Commission, the applicable laws of
this state and the provisions of the Resource Conservation and Recovery Act of
1976, Subtitle D, 42 U.S.C. §§ 6941 et seq., and the regulations adopted
pursuant thereto. The program must include procedures to:
(a) Verify the accuracy of any information
submitted by the owner or operator of the landfill to the authority;
(b) Verify the adequacy of sampling procedures
and analytical methods used by the owner or operator of the landfill; and
(c) Require the owner or operator to produce all
evidence which would be admissible in a proceeding to enforce compliance.
2. The solid waste management authority
shall receive and give appropriate consideration to any information submitted
by members of the public regarding the continuing compliance of an owner or
operator with the permit issued by the authority.
3. In the administration of any permit
issued by a solid waste management authority, the authority shall establish
procedures that permit intervention pursuant to Rule 24 of the Nevada Rules of
Civil Procedure. The authority shall not oppose intervention on the ground that
the applicant’s interest is adequately represented by the authority.
(Added to NRS by 1993, 12)
NRS 444.558 Municipal solid waste landfills: Regulations for program of issuing
permits.
1. The State Environmental Commission and
the district board of health of a health district created pursuant to NRS 439.362 or 439.370 shall, in a timely manner, adopt
all regulations that are necessary to establish and carry out a program of
issuing permits for municipal solid waste landfills. The program must ensure
compliance with the Resource Conservation and Recovery Act of 1976, Subtitle D,
42 U.S.C. §§ 6941 et seq., and the regulations adopted pursuant thereto, and
carry out the purpose and intent of this section.
2. The regulations adopted by a district
board of health pursuant to this section must not conflict with regulations
adopted by the State Environmental Commission.
(Added to NRS by 1993, 11; A 2005, 2468)
NRS 444.560 Regulations of State Environmental Commission: Adoption; fees;
violation prohibited after reasonable time.
1. The State Environmental Commission
shall adopt regulations concerning solid waste management systems, or any part
thereof, including regulations establishing standards for the issuance,
renewal, modification, suspension, revocation and denial of, and for the
imposition of terms and conditions for, a permit to construct or operate a
disposal site.
2. The State Environmental Commission may
establish a schedule of fees for the disposal of solid waste in areas subject
to the jurisdiction of the State Department of Conservation and Natural
Resources in accordance with NRS 444.495 or for the
issuance of permits or other approvals by the Department for the operation of
solid waste management facilities. The Department may use the money collected
under the schedule to defray the cost of managing and regulating solid waste.
3. Notice of the intention to adopt and
the adoption of any regulation or schedule of fees must be given to the clerk
of the governing board of all municipalities in this State.
4. Within a reasonable time, as fixed by
the State Environmental Commission, after the adoption of any regulation, no
governing board of a municipality or person may operate or permit an operation
in violation of the regulation.
(Added to NRS by 1971, 1179; A 1975, 1401; 1977, 68;
1983, 1261; 1993,
15; 2005,
1498)
NRS 444.570 Duties of State Department of Conservation and Natural Resources
and State Environmental Commission; inspections.
1. The State Department of Conservation
and Natural Resources shall:
(a) Advise, consult and cooperate with other
agencies and commissions of the State, other states, the Federal Government,
municipalities and persons in the formulation of plans for and the
establishment of any solid waste management system.
(b) Accept and administer loans and grants from
any person that may be available for the planning, construction and operation
of solid waste management systems.
(c) Enforce the provisions of NRS 444.440 to 444.560,
inclusive, and any regulation adopted by the State Environmental Commission
pursuant thereto.
(d) Periodically review the programs of other
solid waste management authorities in the State for issuing permits pursuant to
NRS 444.505, 444.553
and 444.556 and ensuring compliance with the terms
and conditions of such permits, the regulations of the State Environmental
Commission, the laws of this State and the provisions of the Resource
Conservation and Recovery Act of 1976, 42 U.S.C. §§ 6941 et seq., and the
regulations adopted pursuant thereto. The Director of the State Department of
Conservation and Natural Resources shall review the adequacy of such programs
in accordance with the standards adopted by the United States Environmental
Protection Agency to review the adequacy of the state program. If the Director
determines that a program is inadequate, the Department shall act as the solid
waste management authority until the deficiency is corrected. A finding by the
Director that a program is inadequate is not final until reviewed by the State
Environmental Commission. This paragraph does not limit the authority or
responsibility of a district board of health to issue permits for disposal
sites and enforce the laws of this State regarding solid waste management
systems.
(e) Make such investigations and inspections and
conduct such monitoring and testing as may be necessary to require compliance
with NRS 444.450 to 444.560,
inclusive, and any regulation adopted by the State Environmental Commission.
2. The State Environmental Commission shall:
(a) In cooperation with governing bodies of
municipalities, develop a statewide solid waste management system plan, and
review and revise the plan every 5 years.
(b) Examine and approve or disapprove plans for
solid waste management systems.
(c) Review any determination by the Director of
the State Department of Conservation and Natural Resources that a program for
issuing permits administered by a solid waste management authority is
inadequate. The Commission may affirm, modify or reverse the findings of the
Director.
3. Employees of the State Department of
Conservation and Natural Resources or its authorized representatives may,
during the normal hours of operation of a facility subject to the provisions of
NRS 444.440 to 444.620,
inclusive, enter and inspect areas of the facility where:
(a) Solid waste may have been generated, stored,
transported, treated or disposed; or
(b) Records are kept, and may inspect and copy
any records, reports, information or test results relating to the management of
the solid waste.
(Added to NRS by 1971, 1179; A 1973, 1406; 1975,
1402; 1977, 1139; 1993,
15; 2005,
1499; 2009,
1080)
NRS 444.580 Authority of district board of health or municipality to adopt
regulations and issue permits.
1. Any district board of health created
pursuant to NRS 439.362 or 439.370 and any governing body of a
municipality may adopt standards and regulations for the location, design,
construction, operation and maintenance of solid waste disposal sites and solid
waste management systems or any part thereof more restrictive than those
adopted by the State Environmental Commission, and any district board of health
may issue permits thereunder.
2. Any district board of health created
pursuant to NRS 439.362 or 439.370 may adopt such other regulations
as are necessary to carry out the provisions of NRS
444.440 to 444.620, inclusive. Such regulations
must not conflict with regulations adopted by the State Environmental
Commission.
(Added to NRS by 1971, 1180; A 1975, 1402; 1993, 16; 2005, 2469; 2009, 1081)
NRS 444.583 Unlawful disposal of motor vehicle battery, motor vehicle tire
or motor oil; penalty; plan for appropriate disposal; exemption.
1. Except as otherwise provided in subsection
5 and NRS 444.509, it is unlawful willfully to:
(a) Dispose of, abandon or dump a motor vehicle
battery, motor vehicle tire or motor oil at any site which has not been issued
a permit for that purpose by the solid waste management authority;
(b) Dispose of, abandon or dump a motor vehicle
battery, motor vehicle tire or motor oil at a sanitary landfill or other
disposal site established by a municipality which has not been issued a permit
for that purpose by the solid waste management authority; or
(c) Incinerate a motor vehicle battery or motor
vehicle tire as a means of ultimate disposal, unless the incineration is
approved by the solid waste management authority for the recovery of energy or
other appropriate use.
2. A person who violates the provisions of
subsection 1 is guilty of a misdemeanor and except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, shall be punished
by a fine of not less than $100 per violation.
3. The State Department of Conservation
and Natural Resources shall establish a plan for the appropriate disposal of
used or waste motor vehicle batteries, motor vehicle tires and motor oil. The
plan must include the issuance of permits to approved sites or facilities for
the disposal of those items by the public. The plan may include education of
the public regarding the necessity of disposing of these items properly and
recycling them.
4. The State Department of Conservation
and Natural Resources shall encourage the voluntary establishment of authorized
sites which are open to the public for the deposit of used or waste motor
vehicle batteries, motor vehicle tires and motor oil.
5. The provisions of subsections 1 and 2
do not apply to the disposal of used or waste motor vehicle batteries or motor
vehicle tires if the unavailability of a site that has been issued a permit by
the solid waste management authority makes disposal at such a site
impracticable. The provisions of this subsection do not exempt a person from
any other regulation of the solid waste management authority concerning the
disposal of used or waste motor vehicle batteries or motor vehicle tires.
(Added to NRS by 1991, 1671; A 1997, 1078; 2005, 1500; 2009, 1082)
NRS 444.585 Ownership of recyclable materials; unauthorized collection of
recyclable materials prohibited; penalty; civil remedy.
1. From the time recyclable materials are
placed in a container provided by a private recycling business or the person
designated by the county or other municipality to collect recyclable materials:
(a) At curbside for collection; or
(b) At any other appropriate site designated for
collection,
Ê the
recyclable materials are the property of the private recycling business or
person designated by the county or other municipality to collect them, as
appropriate.
2. Any person engaged in the unauthorized
collection of recyclable materials is guilty of a misdemeanor. Each such
unauthorized collection constitutes a separate and distinct offense.
3. As an alternative to the criminal
penalty set forth in subsection 2, the county or other municipality, the
private recycling business and the person designated to collect the recyclable
materials may independently enforce the provisions of this section in a civil
action. Except as otherwise provided in NRS
445C.010 to 445C.120, inclusive,
a person who engages in the unauthorized collection of recyclable materials is
liable to the private recycling business or the person designated to make such
collections, as appropriate, for three times the damages caused by the
unauthorized collection.
(Added to NRS by 1991, 1671; A 1997, 1079)
NRS 444.590 Designation of State Department of Conservation and Natural
Resources as state agency for participation in federal program; extent of
authority.
1. The State Department of Conservation
and Natural Resources is hereby designated the state agency for such purposes
as are required by the Resource Conservation and Recovery Act of 1976, 42
U.S.C. §§ 6941 et seq., except that:
(a) The State Environmental Commission has the
exclusive authority to adopt regulations pursuant to NRS
444.440 to 444.620, inclusive; and
(b) The district boards of health of health
districts created pursuant to NRS 439.362
or 439.370 retain the authority to
issue permits and adopt regulations pursuant to NRS
444.580.
2. The State Department of Conservation
and Natural Resources may take any action necessary and appropriate to secure
the benefits of any federal law relating to solid waste.
(Added to NRS by 1971, 1180; A 1975, 1402; 1977,
1139; 1993, 17;
2005, 2469)
NRS 444.592 Solid waste management authority: Powers of protection and
enforcement. If the solid waste
management authority receives information that the handling, storage,
recycling, transportation, treatment or disposal of any solid waste presents or
may present a threat to human health, public safety or the environment, or is
in violation of a term or condition of a permit issued pursuant to NRS 444.505, 444.553 or 444.556, a statute, a regulation or an order issued
pursuant to NRS 444.594, the authority may, in
addition to any other remedy provided in NRS 444.440
to 444.620, inclusive:
1. Issue an order directing the owner or
operator of the disposal site or any other site where the handling, storage,
recycling, transportation, treatment or disposal has occurred or may occur, or
any other person who has custody of the solid waste, to take such steps as are
necessary to prevent the act or eliminate the practice which constitutes the
threat or violation.
2. Commence an action in a court of
competent jurisdiction to enjoin the act or practice which constitutes the
threat or violation in accordance with the provisions of NRS
444.600.
3. Take any other action designed to
reduce or eliminate the threat or violation.
(Added to NRS by 1993, 12; A 2005, 1500; 2009, 1082)
NRS 444.594 Solid waste management authority: Contents of orders for
protection or enforcement.
1. An order issued by a solid waste
management authority must:
(a) Specify the term or condition of a permit
issued pursuant to NRS 444.505, 444.553 or 444.556, or the
statute or regulation, which is alleged to have been violated or which is about
to be violated, or the threat to human health, public safety or the
environment;
(b) Set forth the facts alleged to constitute the
violation or threat; and
(c) Prescribe any corrective action which must be
taken and a reasonable time within which it must be taken.
2. The order may require the person to
whom the order is directed to appear before the solid waste management
authority, its authorized representative or a hearing officer appointed by the
authority, to show cause why an action should not be commenced against the
person in a court of competent jurisdiction requesting appropriate relief.
(Added to NRS by 1993, 13; A 2009, 1083)
NRS 444.596 Solid waste management authority: Recovery of civil penalties
for violations. The solid waste
management authority may bring an action in a court of competent jurisdiction
to recover from a person or municipality which violates any statute or
regulation, any term or condition of a permit issued pursuant to NRS 444.505, 444.553 or 444.556, or any order issued pursuant to NRS 444.592, a civil penalty of not more than $5,000
for each day on which the violation occurs. This penalty is in addition to any
other penalty provided in NRS 444.440 to 444.620, inclusive.
(Added to NRS by 1993, 13; A 1993, 1421; 2009, 1083)
NRS 444.598 Solid waste management authority: Recovery of damages resulting
from violations. The solid waste
management authority may bring an action in a court of competent jurisdiction
to recover actual damages which result from a violation of a statute or
regulation, any term or condition of a permit issued pursuant to NRS 444.505, 444.553 or 444.556, or any order issued pursuant to NRS 444.592. The damages may include expenses incurred
by the authority in testing for and removing, correcting or terminating any
adverse effects which resulted from the violation and costs and attorney’s
fees, including those incurred in administrative proceedings. This remedy is in
addition to any other remedy provided in NRS 444.440
to 444.620, inclusive.
(Added to NRS by 1993, 13; A 1993, 1421; 2009, 1083)
NRS 444.600 Injunctive relief. In
addition to any other remedies provided in NRS 444.450
to 444.590, inclusive, the State Department of Conservation
and Natural Resources or a solid waste management authority may bring an action
in a court of competent jurisdiction to enjoin a violation of NRS 444.450 to 444.560,
inclusive, any term or condition of a permit issued pursuant to NRS 444.505, 444.553 or 444.556, any order issued pursuant to NRS 444.592, or any regulation adopted by the State
Environmental Commission or solid waste management authority.
(Added to NRS by 1971, 1180; A 1975, 1402; 1977,
1139; 1993, 17;
2009, 1083)
NRS 444.605 Issuance and enforcement of subpoenas.
1. In carrying out the provisions of NRS 444.440 to 444.620,
inclusive, the State Environmental Commission, a district board of health of a
health district created pursuant to NRS
439.362 or 439.370, and a solid
waste management authority may by subpoena require the attendance and testimony
of witnesses and the production of reports, papers, documents and other
evidence which they deem necessary.
2. If any person to whom a subpoena has
been directed pursuant to subsection 1 refuses to attend, testify or produce
any evidence specified in the subpoena, the person who issued the subpoena may
present a petition, to a court of competent jurisdiction where the person to
whom the subpoena was directed is subject to service of process, setting forth
that:
(a) Notice has been given of the time and place
at which the person was required to attend, testify or produce evidence;
(b) A subpoena has been mailed to or personally
served on the witness or custodian of the evidence in sufficient time to enable
the person to comply with its provisions; and
(c) The person has failed or refused to attend,
answer questions or produce evidence specified in the subpoena,
Ê and asking
that the court issue an order compelling the person to attend and to testify or
produce the evidence specified in the subpoena.
3. When a court receives a petition
pursuant to subsection 2, it shall order the person to whom the subpoena was
directed to appear at a time and place fixed by the court in its order, which
must be not more than 10 days after the date of the order, and show cause why
the person should not be held in contempt. A certified copy of the order must
be mailed to or personally served on the person to whom the subpoena was
directed.
4. If it appears to the court that the
subpoena was properly issued and that the person’s failure or refusal to
appear, answer questions or produce evidence was without sufficient reason, the
court shall order the person to appear at a time and place fixed by the court
and to testify or produce the specified evidence. If the person fails to comply
with the order of the court, the person may be punished as for a contempt of
court.
(Added to NRS by 1993, 13; A 2005, 2469; 2009, 1083)
NRS 444.610 Unlawful acts; penalties.
1. Any person who violates any regulation
adopted by the State Environmental Commission or any ordinance or resolution
adopted by the governing body of a municipality or district board of health is
guilty of a misdemeanor.
2. Each day or part of a day during which
such violation is continued or repeated constitutes a separate offense.
3. Except as otherwise provided in NRS 445C.010 to 445C.120, inclusive:
(a) A person convicted of violating subsection 1
is, in addition to any criminal penalty imposed, liable for a civil penalty
upon each such conviction; and
(b) A court, before whom a defendant is convicted
of a violation of subsection 1, shall for each violation order the defendant to
pay a civil penalty which is at least $500 but not more than $5,000.
(Added to NRS by 1971, 1180; A 1975, 1402; 2001, 1234)
NRS 444.615 Solid Waste Management Account: Creation; deposits. Any money received by the solid waste
management authority pursuant to NRS 444.596 or 444.598 must be deposited with the State Treasurer for
credit to the Solid Waste Management Account, which is hereby created in the
State General Fund.
(Added to NRS by 1993, 13)
NRS 444.616 Solid Waste Management Account: Distribution and use.
1. The State Controller shall allocate and
remit, on a quarterly basis, the money in the Solid Waste Management Account as
follows:
(a) To the Department of Taxation, 0.5 percent.
(b) To the State Department of Conservation and
Natural Resources, 44.5 percent.
(c) To the district board of health of the health
district which has the largest population in this State, 30 percent.
(d) To the district board of health of the health
district which has the second largest population in this State, 25 percent.
Ê If more than
two health districts are created within this State, the State Department of
Conservation and Natural Resources shall transfer to the district boards of
health of those additional districts an amount determined by the Department to
be necessary to carry out the health district’s duties pursuant to NRS 444.440 to 444.620,
inclusive. If less than two health districts are created within this State, the
amount otherwise allocated to a health district must be allocated to the State
Department of Conservation and Natural Resources.
2. The money allocated pursuant to
subsection 1 to the State Department of Conservation and Natural Resources and
the district boards of health must be used for solid waste management in
accordance with NRS 444.440 to 444.620, inclusive.
3. The State Department of Conservation
and Natural Resources shall transfer to the Division of Environmental
Protection of that Department a portion of the money it receives pursuant to
this section it deems necessary for use in educating the public concerning the
objectives and functioning of the State’s plan for solid waste management and
the purposes set forth in NRS 444A.110.
(Added to NRS by 1993, 10; A 1995, 649; 2007, 3013)
NRS 444.620 Applicability of plans and provisions.
1. No plan for a solid waste management
system adopted pursuant to NRS 444.440 to 444.620, inclusive, applies to any agricultural
activity or agricultural waste.
2. No provision of NRS
444.440 to 444.620, inclusive, prevents a
mining operation from dumping waste from its operation on its own lands.
(Added to NRS by 1971, 1180; A 1981, 858; 1993, 17)
UNLAWFUL DISPOSAL OF SOLID WASTE OR SEWAGE
NRS 444.621 Definitions. As
used in NRS 444.621 to 444.645,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 444.623, 444.625
and 444.627 have the meanings ascribed to them in
those sections.
(Added to NRS by 2001, 1233)
NRS 444.623 “Dump site” defined. “Dump
site” means a location at which solid waste is disposed of unlawfully.
(Added to NRS by 2001, 1233)
NRS 444.625 “Solid waste” defined. “Solid
waste” has the meaning ascribed to it in NRS 444.490.
(Added to NRS by 2001, 1233)
NRS 444.627 “Solid waste management authority” defined. “Solid waste management authority” has the
meaning ascribed to it in NRS 444.495.
(Added to NRS by 2001, 1233)
NRS 444.629 Program for control of unlawful dumping: Establishment;
administration; required elements; delegation of certain powers from solid
waste management authority to hearing officer or board.
1. The solid waste management authority in
each county may establish a program for the control of unlawful dumping and
administer the program within its jurisdiction unless superseded.
2. The program established pursuant to
subsection 1 must:
(a) Include standards and procedures for the
control of unlawful dumping which are equivalent to or stricter than those
established by statute or state regulation; and
(b) Provide for adequate administration and
enforcement.
3. The solid waste management authority
may delegate to an independent hearing officer or hearing board the authority
to determine violations and levy administrative penalties for violations of the
provisions of NRS 444.440 to 444.645,
inclusive, or any regulation adopted pursuant to those sections.
(Added to NRS by 2001, 1233; A 2009, 408, 1084)
NRS 444.630 Prohibited acts; criminal penalty; clean up of dump site;
community service; timing of commencement of clean up; proof of lawful
disposal; revocation of business license; identification of violator; persons
required to enforce provisions; issuance of citation; request for and provision
of information.
1. A person who places, deposits or dumps,
or who causes to be placed, deposited or dumped, or who causes or allows to
overflow, any sewage, sludge, cesspool or septic tank effluent, or accumulation
of human excreta, or any solid waste, in or upon any street, alley, public
highway or road in common use, or upon any public park or other public property
other than property designated or set aside for such a purpose by the governing
body having charge thereof, or upon any private property, is guilty of:
(a) Except as otherwise provided in paragraph
(c), for a first offense within the immediately preceding 2 years, a
misdemeanor.
(b) Except as otherwise provided in paragraph
(c), for a second offense within the immediately preceding 2 years, a gross
misdemeanor and shall be punished by imprisonment in the county jail for not
less than 14 days but not more than 364 days.
(c) Except as otherwise provided in this
paragraph, for a third or subsequent offense within the immediately preceding 2
years, a gross misdemeanor and shall be punished by imprisonment in the county
jail for 364 days. If, within the immediately preceding 4 years, a person
commits three or more offenses that involve placing, depositing or dumping, or
causing to be placed, deposited or dumped, any cesspool or septic tank effluent
or solid waste, the person is guilty of a gross misdemeanor and shall be
punished by imprisonment in the county jail for 1 year.
2. For the purposes of subsection 1, an
offense that occurred within 2 or 4 years, as applicable, immediately preceding
the date of the principal offense or after the principal offense constitutes a
prior offense when evidenced by a conviction, without regard to the sequence of
the offenses and convictions.
3. In addition to any criminal penalty
imposed pursuant to subsection 1, any civil penalty imposed pursuant to NRS 444.635 and any administrative penalty imposed
pursuant to NRS 444.629, a court shall sentence a
person convicted of violating subsection 1:
(a) If the person is a natural person, to clean
up the dump site and perform 10 hours of community service under the conditions
prescribed in NRS 176.087.
(b) If the person is a business entity:
(1) Except as otherwise provided in
subparagraph (2), for a first or second offense within the immediately preceding
2 years, to:
(I) Clean up the dump site; and
(II) Perform 40 hours of community
service cleaning up other dump sites identified by the solid waste management
authority.
(2) For a third or subsequent offense
within the immediately preceding 2 or 4 years, as applicable pursuant to
paragraph (c) of subsection 1, to:
(I) Clean up the dump site; and
(II) Perform 200 hours of community
service cleaning up other dump sites identified by the solid waste management
authority.
4. If a person is sentenced to clean up a
dump site pursuant to subsection 3, the person shall:
(a) Within 3 calendar days after sentencing,
commence cleaning up the dump site; and
(b) Within 5 business days after cleaning up the
dump site, provide to the solid waste management authority proof of the lawful
disposal of the sewage, solid waste or other matter that the person was
convicted of disposing of unlawfully.
Ê The solid
waste management authority shall prescribe the forms of proof which may be
provided to satisfy the provisions of paragraph (b).
5. In addition to any other penalty
prescribed by law, if a business entity is convicted of violating subsection 1:
(a) Such violation constitutes reasonable grounds
for the revocation of any license to engage in business that has been issued to
the business entity by any governmental entity of this State; and
(b) The solid waste management authority may seek
the revocation of such a license by way of any applicable procedures
established by the governmental entity that issued the license.
6. Except as otherwise provided in NRS 444.585, ownership of solid waste does not
transfer from the person who originally possessed it until it is received for
transport by a person authorized to dispose of solid waste pursuant to this
chapter or until it is disposed of at a municipal disposal site. Identification
of the owner of any solid waste which is disposed of in violation of subsection
1 creates a reasonable inference that the owner is the person who disposed of
the solid waste. The fact that the disposal of the solid waste was not
witnessed does not, in and of itself, preclude the identification of its owner.
7. All:
(a) Health officers and their deputies;
(b) Game wardens;
(c) Police officers of cities and towns;
(d) Sheriffs and their deputies;
(e) Other peace officers of the State of Nevada;
and
(f) Other persons who are specifically designated
by the local government to do so,
Ê shall,
within their respective jurisdictions, enforce the provisions of this section.
8. A district health officer or a deputy
of the district health officer or other person specifically designated by the
local government to do so may issue a citation for any violation of this
section which occurs within the jurisdiction of the district health officer.
9. To effectuate the purposes of this
section, the persons charged with enforcing this section may request
information from any:
(a) Agency of the State or its political subdivisions.
(b) Employer, public or private.
(c) Employee organization or trust of any kind.
(d) Financial institution or other entity which
is in the business of providing credit reports.
(e) Public utility.
Ê Each of
these persons and entities, their officers and employees, shall cooperate by
providing any information in their possession which may aid in the location and
identification of a person believed to be in violation of subsection 1. A
disclosure made in good faith pursuant to this subsection does not give rise to
any action for damages for the disclosure.
[1:83:1953] + [2:83:1953]—(NRS A 1957, 262; 1967,
580; 1969, 126; 1981, 858; 1983, 856; 1989, 484; 1991, 1672; 1993, 814; 2001, 1235, 1920; 2001
Special Session, 141; 2003, 111, 113; 2013, 985, 1220)
NRS 444.635 Civil penalties: Liability upon each conviction; increase of
penalty for subsequent conviction; payment in installments; collection; disposition
and use of money collected.
1. Except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, a person convicted
of violating NRS 444.555 and, in addition to the
penalty imposed pursuant to NRS 444.509, 444.583 or 444.630, any
person convicted of violating NRS 444.509, 444.583 or 444.630 is
liable for a civil penalty upon each such conviction.
2. Except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, a court before whom
a defendant is convicted of a violation of the provisions of NRS 444.509, 444.555, 444.583 or 444.630, shall
order the defendant:
(a) For a first offense, to pay a civil penalty
which is at least $500 but not more than $5,000.
(b) For a second offense, to pay a civil penalty
which is at least $1,000 but not more than $5,500.
(c) For a third offense, to pay a civil penalty
which is at least $1,500 but not more than $6,000.
(d) For any subsequent offense, to pay a civil
penalty which is at least $500 more than the most recent previous civil penalty
that the defendant was ordered to pay pursuant to this subsection.
3. If so provided by the court, a penalty
imposed pursuant to this section may be paid in installments.
4. The solid waste management authority
may attempt to collect all such penalties and installments which are in default
in any manner provided by law for the enforcement of a judgment.
5. Except as otherwise provided in this
subsection, each court which receives money pursuant to the provisions of this
section shall forthwith remit the money to the Division of Environmental
Protection of the State Department of Conservation and Natural Resources, which
shall deposit the money with the State Treasurer for credit in a separate
account in the State General Fund. If the health authority initiated the action
or, if any other person authorized to enforce NRS
444.630 initiated the action and the money collected was for a violation of
NRS 444.630, the court shall remit the money to the
district health department which shall deposit the money with the county
treasurer for deposit in an account for the district health department. Money
deposited pursuant to this subsection must be:
(a) Used only to pay:
(1) Rewards pursuant to NRS 444.640;
(2) For education regarding the unlawful
disposal of solid waste;
(3) For the cleaning up of dump sites; and
(4) For the management of solid waste; and
(b) Paid as other claims against the state or
local governments are paid.
(Added to NRS by 1987, 1490; A 1991, 1673; 1997, 1079; 2001, 1237; 2001
Special Session, 162; 2009, 408, 1084)
NRS 444.637 Performance of certain functions by nonprofit organization. A solid waste management authority may authorize
a nonprofit organization to:
1. Organize the cleaning up of dump sites;
2. Provide educational materials and
programs regarding unlawful dumping; and
3. Operate and pay the costs of programs
of community service relating to the cleaning up of dump sites.
(Added to NRS by 2001, 1234)
NRS 444.639 Issuance and enforcement of subpoenas.
1. In carrying out the provisions of NRS 444.621 to 444.645,
inclusive, a district health officer may by subpoena require the attendance and
testimony of witnesses and the production of reports, papers, documents and
other evidence which they deem necessary.
2. If any person to whom a subpoena has
been directed pursuant to subsection 1 refuses to attend, testify or produce
any evidence specified in the subpoena, the person who issued the subpoena may
present a petition, to a court of competent jurisdiction where the person to
whom the subpoena was directed is subject to service of process, setting forth
that:
(a) Notice has been given of the time and place
at which the person was required to attend, testify or produce evidence;
(b) A subpoena has been mailed to or personally
served on the witness or custodian of the evidence in sufficient time to enable
him or her to comply with its provisions; and
(c) The person has failed or refused to attend,
answer questions or produce evidence specified in the subpoena,
Ê and asking
that the court issue an order compelling the person to attend and to testify or
produce the evidence specified in the subpoena.
3. When a court receives a petition
pursuant to subsection 2, it shall order the person to whom the subpoena was
directed to appear at a time and place fixed by the court in its order, which
must be not more than 10 days after the date of the order, and show cause why
the person should not be held in contempt. A certified copy of the order must
be mailed to or personally served on the person to whom the subpoena was
directed.
4. If it appears to the court that the
subpoena was properly issued and that the person’s failure or refusal to
appear, answer questions or produce evidence was without sufficient reason, the
court shall order the person to appear at a time and place fixed by the court
and to testify or produce the specified evidence. If the person fails to comply
with the order of the court, the person may be punished as for a contempt of
court.
(Added to NRS by 2001, 1234)
NRS 444.640 Reward for information leading to arrest and conviction of
violator; regulations.
1. The solid waste management authority
shall offer a reward of $100 for information leading to the arrest and
conviction of any person violating NRS 444.555 or 444.630. The reward must be paid upon the conviction
of the person and the payment in full of the penalty. The reward must be
distributed equally among the persons who supplied the information which led to
the arrest and conviction.
2. The State Environmental Commission or
district board of health may adopt regulations necessary to carry out the
provisions of this section.
(Added to NRS by 1987, 1491; A 2001, 1237)
NRS 444.645 Notice of provision of NRS 444.555 or 444.630
to be posted; offer of reward.
1. The Division of Environmental
Protection of the State Department of Conservation and Natural Resources, and
the district health officer in his or her district or the board of county
commissioners in a county without a district health officer shall post notices
of the provisions of NRS 444.555 or 444.630, whichever is appropriate.
2. The notice must also contain an offer
of a reward for information leading to the arrest and conviction of any person
violating NRS 444.555 or 444.630.
(Added to NRS by 1987, 1491)
DISPOSAL OF SEWAGE
NRS 444.650 Regulations to control use of residential individual system.
1. The State Board of Health shall adopt
regulations to control the use of a residential individual system for disposal
of sewage in this State. Those regulations are effective except in health
districts in which a district board of health has adopted regulations to
control the use of a residential individual system for disposal of sewage in
that district.
2. A board which adopts such regulations
shall consider and take into account the geological, hydrological and
topographical characteristics of the area within its jurisdiction.
3. The regulations adopted pursuant to
this section must not conflict with the provisions of NRS 445A.300 to 445A.730, inclusive, and any regulations
adopted pursuant to those provisions.
4. As used in this section, “residential
individual system for disposal of sewage” means an individual system for
disposal of sewage from a parcel of land, including all structures thereon,
that is zoned for single-family residential use.
(Added to NRS by 1981, 1183; A 1983, 328; 2005, 550)
