Read the full stored bill text
- 83rd Session (2025)
Senate Bill No. 43–Committee on
Health and Human Services
CHAPTER..........
AN ACT relating to public health; authorizing certain district boards
of health to be designated to act as a solid waste management
authority or exercise certain powers of a solid waste
management authority under certain circumstances; revising
provisions relating to public swimming pools; removing the
authority of certain district boards of health to administ er the
collection and disposal of solid waste; requiring the State
Environmental Commission to adopt regulations establishing
certain criteria for a district board of health to demonstrate
capability for certain purposes; authorizing certain district
boards of health to issue certain permits and administer and
enforce certain provisions relating to public water systems
under certain circumstances; removing the authority of
certain district boards of health to administer certain
provisions relating to public water systems; providing a
penalty; and providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law sets forth provisions governing the collection and disposal of solid
waste. (NRS 444.440 -444.645) For the purposes of su ch provisions, existing law
defines a “solid waste management authority” to mean: (1) the district board of
health in any area in which a health district has been created and, under certain
circumstances, certain other areas under the jurisdiction of the b oard, if the board
has adopted certain regulations; and (2) the Division of Environmental Protection
of the State Department of Conservation and Natural Resources, in all other areas
of the State and at any site previously used for the production of electr icity from a
coal-fired electric generating plant. (NRS 444.495) Section 4 of this bill authorizes
the Administrator of the Division to designate a district board of health to act as a
solid waste management authority or to carry out limited duties of a so lid waste
management authority if the district board of health: (1) applies to the
Administrator for such a designation; (2) demonstrates that the district board of
health is capable of carrying out the provisions of existing law relating to solid
waste management, as determined by the Administrator ; and (3) has adopted
certain regulations relating to solid waste management.
Section 13.5 of this bill requires the State Environmental Commission to adopt
regulations establishing the criteria for a distric t board of health to demonstrate
capability to be designated by the Administrator.
Section 34 of this bill provides that any district board of health that is currently
acting as a solid waste management authority shall be deemed to have been
determined capable by the Administrator and may continue to act as a solid waste
management authority.
Section 7 of this bill revises the definition of “solid waste management
authority” to mean: (1) a district board of health if the board is designated under
section 4; and (2) the Division, in all other areas of the State and at any site
previously used for the production of electricity from a coal -fired electric
generating plant. As a result of this change, a district board of health that is not
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designated by the A dministrator is not authorized to act as a solid waste
management authority.
Consistent with these changes, sections 8, 13 and 16 of this bill provide that
only a designated district board of health of a health district is required to adopt
certain regulations relating to the collection and disposal of solid waste. Sections
8.5, 9, 14, 18 and 19 of this bill make conforming changes to reflect the divestment
of the authority of a district board of health of a health district that is not designated
to act as a solid waste management authority.
Existing law authorizes any district board of health and any governing body of
a municipality to adopt certain standards and regulations relating to solid waste
disposal sites and solid waste management systems that are more restrictive than
those adopted by the Commission and authorizes the district board of health to
issue permits thereunder. Existing law also authorizes any district board of health to
adopt such other regulations as are necessary to carry out provi sions relating to the
collection and disposal of solid waste. (NRS 444.580) Section 15 of this bill
provides that certain standards and regulations adopted by a district board of health
or governing body must be consistent with an approved plan to provide for a solid
waste management system. Section 15 also provides that if a district board of
health adopts regulations other than standards and regulations for the location,
design, construction, operation and maintenance of a solid waste managemen t
system or solid waste disposal system that are more restrictive than those adopted
by the Commission, the district board of health must provide reasonable
notification of the proposed regulations to the Division.
Section 2 of this bill defines “health district” for the purposes of existing law
governing the collection and disposal of solid waste. Section 10 of this bill makes
conforming changes to a reference to this term.
Section 3 of this bill defines the “Resource Conservation and Recovery Act”
and, consistent with this definition, sections 6, 11-13 and 16 of this bill revise
references to that Act in existing law governing the collection and disposal of solid
waste.
Section 5 of this bill applies the definitions in existing law and sections 2 and
3 to the provisions of existing law and section 4 that govern the collection and
disposal of solid waste.
Sections 17 and 18 of this bill make provisions of existing law establishing th e
powers of a solid waste management authority to enforce existing law, recover civil
penalties or damages, obtain injunctive relief or issue subpoenas apply to the
provisions of sections 2-4.
Existing law sets forth certain provisions governing public wa ter systems and
authorizes the Division and a district board of health to administer and enforce
these provisions. (NRS 445A.800-445A.955) Existing law also authorizes the State
Environmental Commission to designate a district board of health to issue perm its
to an owner of a public water system to operate the system. (NRS 445A.860,
445A.885) Section 20 of this bill authorizes the Administrator of the Division to
designate the district board of health of the health district to issue permits or
administer and enforce the provisions or limited provisions governing public water
systems if the district board of health : (1) applies for such a designation; and (2)
demonstrates to the Administrator that the district board is capable of performing
such actions. Section 23 of this bill requires the Commission to adopt regulations
establishing the criteria for a district board of health to demonstrate capability to be
designated by the Administrator.
Section 34 provides that any district board of health that is currently
administering and enforcing the provisions governing public water systems shall be
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deemed to have been designated by the Administrator and may continue to
administer and enforce those provisions.
Consistent with these changes, sections 23 and 24 -28 of this bill limit the
authority of a district board of health to issue permits or administer and enforce the
provisions governing public water systems to only a district board of health
designated by the Administrator.
Section 22 of this bill revises the definition of the term “district board of
health” to clarify that a health district is created pursuant to certain provisions of
existing law. Section 21 of this bill applies the definitions in existing law governing
public water systems to section 20.
Sections 29-33 of this bill make certain provisions of existing law governing
the enforcement powers of the Division, the imposition of civil penalties,
administrative fines and criminal penalties and obtaining injunctive relief apply to
section 20.
Section 23.5 of this bill makes a conforming change to revise an internal
reference to a provision of the Nevada Revised Statutes.
Existing law defines the term “p ublic swimming pool” for the purposes of
provisions governing the sanitation of such structures and provides that the term
does not include any such structure at any location if the structure is a privately
owned pool used by members of a private club or i nvited guests of the members.
(NRS 444.065) Section 4.5 of this bill instead provides that the term does not
include any such structure at any location if the structure is a privately owned pool
used by members of a private organization that is recognized as a social club
exempt from taxation pursuant to certain provisions of the Internal Revenue Code
or invited guests of members of such an organization.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 444 of NRS is hereby amended by adding
thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. “Health district” means a health district created
pursuant to NRS 439.362 or 439.370.
Sec. 3. “Resource Conservation and Recovery Act” means
subchapter IV of the Resource Conservation and Recovery Act of
1976, 42 U.S.C. §§ 6941 et seq., as amended, and the regulations
adopted pursuant thereto.
Sec. 4. 1. The Administrator of the Division of
Environmental Protection of the State Department of
Conservation and Natural Resources may, in accordance with the
regulations adopted by the State Environmental C ommission
pursuant to NRS 444.560, designate a district board of health of a
health district to act as a solid waste management authority or to
act as a solid waste management authority for the purposes of
carrying out limited provisions of NRS 444.440 to 444.620,
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inclusive, and sections 2, 3 and 4 of this act, and any regulations
adopted pursuant thereto, if the district board of health:
(a) Applies to the Administrator for such a designation;
(b) Demonstrates that the district board of health is capable of
carrying out the provisions or limited provisions of NRS 444.440
to 444.620, inclusive, and sections 2, 3 and 4 of this act, and any
regulations adopted pursuant thereto, as determined by the
Administrator; and
(c) Adopts all regulations that are necessary to carry out the
provisions or limited provisions, as applicable, of NRS 444.440 to
444.620, inclusive, and sections 2, 3 and 4 of this act , and any
regulations adopted pursuant thereto.
2. If the Administrator designates a district board of health
pursuant to subsection 1, the Division of Environmental
Protection shall periodically review the activities of the district
board of health to evaluate the continued capability of the district
board of health to carry out the provisions or limited provisions of
NRS 444.440 to 444.620, inclusive, and sections 2, 3 and 4 of this
act, and any regulations adopted pursuant thereto.
3. If, following a review of the capability of a district board of
health by the Division of Environmental Protection pursuant to
subsection 2, the Administrator determines that the district board
of health is not capable, the Administrator shall provide written
notice of a deficiency by certified mail to the district board of
health of this determination. If the deficiency identified in the
written notice:
(a) Does not present an i mminent or substantial hazard to
public health, safety or the environment, as determined by the
Administrator, the written notice must set forth a date by which
the district board of health must correct the deficiency, which
must be not less than 60 days after the date the notice was mailed
to the district board of health and may be extended by mutual
agreement of the Administrator and the district board of health. If
the district board of health fails to correct the deficiency, the
Administrator may issue an order revoking the designation of the
district board of health.
(b) Presents an imminent or substantial hazard to public
health, safety or the environment, as determined by the
Administrator, the Administrator may issue an order revoking the
designation of the district board of health. A revocation issued
pursuant to this paragraph is effective immediately. Notice of the
order revoking the designation must be provided to the district
board of health by certified mail and must set forth the date on
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which the designation is revoked. The district board of health may
petition the State Environmental Commission for a hearing on the
revocation. Such a petition must be received not more than 30
days after the date on which the designation was revoked. If the
district board of health does not petition the Commission for a
hearing, the decision to revoke the designation is not subject to
additional review.
Sec. 4.5. NRS 444.065 is hereby amended to read as follows:
444.065 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] organization that is recognized as a
social club exempt from taxat ion pursuant to section 501(c)(7) of
the Internal Revenue Code, 26 U.S.C. § 501(c)(7) or invited guests
of the members [.] of such an organization.
Sec. 5. NRS 444.450 is hereby amended to read as follows:
444.450 As used in NRS 444.440 to 444.620, inc lusive, and
sections 2, 3 and 4 of this act, unless the context otherwise requires,
the words and terms defined in NRS 444.460 to 444.501, inclusive,
and sections 2 and 3 of this act have the meanings ascribed to them
in those sections.
Sec. 6. NRS 444.465 is hereby amended to read as follows:
444.465 “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.]
Sec. 7. NRS 444.495 is hereby amended to read as follows:
444.495 “Solid waste management authority” means:
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1. Except as otherwise provided in subsection 2, the district
board of health [in any area in which ] of 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 district board [has adopted all regulations that are necessary to
carry out the provisions of NRS 444.440 to 444.620, inclusive.] of
health is designated pursuant to section 4 of this act to carry out
the provisions or limited provisions of NRS 444.440 to 444.620,
inclusive, and sections 2, 3 and 4 of this act, and any regulations
adopted pursuant thereto.
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.
Sec. 8. NRS 444.505 is hereby amended to read as follows:
444.505 1. The district board of health of a health district
[created pursuant to NRS 439.362 or 439.370 ] , if designated
pursuant to section 4 of this act, 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;
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(d) Establish requirements concerning the transportation and
storage of waste tires prior to disposal;
(e) Establish a procedure for applications for exemption s 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] any area in which a health district has not been
[created pursuant to NRS 439.362 or 439.370,] designated pursuant
to section 4 of this act, the State Environmental Commission may
adopt regulations:
(a) Authorizing the Division of Environmen tal 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;] area;
(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;] area; and
(c) To establish and carry out a program for the recycling and
reuse of waste tires in the [county.] area.
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 regulati ons adopted
by the State Environmental Commission.
Sec. 8.5. NRS 444.507 is hereby amended to read as follows:
444.507 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 , if designated
pursuant to section 4 of this act, or the Division of Environmental
Protection of the State Department of Conservation and Natural
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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 penalt y 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.
Sec. 9. NRS 444.509 is hereby amended to read as follows:
444.509 1. Except as otherwise provided in subsection 2, in
any area with a district board of health of a health district [created
pursuant to NRS 439.362 or 439.370 ] designated pursuant to
section 4 of this act and any area over which the district board of
health of the health district 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 444.50 5, 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 un intentionally 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.
Sec. 10. NRS 444.510 is hereby amended to read as follows:
444.510 1. The governing body of every municipality or
district board of health [created pursuant to NRS 439.362 or
439.370] of a health district 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
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the municipality or within the area to be served by the solid waste
management system, whe ther 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] this section must be submitted to the State Department of
Conservation and Natural Resources for approval according to a
schedule established by the State Environmental Commissi on. 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 E nvironmental 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.
Sec. 11. NRS 444.556 is hereby amended to read as follows:
444.556 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 landfi ll 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 per mit, 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.
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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 r equirements 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.
Sec. 12. NRS 444.557 is hereby amended to read as follows:
444.557 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:
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(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.
Sec. 13. NRS 444.558 is hereby amended to read as follows:
444.558 1. The State Environmental Commission and [the]
any district board of health of a health district [created pursuant to
NRS 439.362 or 439.370 ] seeking to apply for designation
pursuant to section 4 of this act shall, in a timely manner, adopt all
regulations that are necessary to establish and carry out a program of
issuing permits for municipal solid w aste 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 ] subsection 1 must not conflict with
regulations adopted by the State Environmental Commission.
Sec. 13.5. NRS 444.560 is hereby amended to read as follows:
444.560 1. The State Environmental Commission shall adopt
regulations [concerning] :
(a) 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 [.] ; and
(b) Establishing the criteria for a district board of health to
demonstrate capability to be designated by the Administrator of
the Division of Environmental Protection of the State Department
of Conservation and Natural Resources pursuant to section 4 of
this act.
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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.
Sec. 14. NRS 444.570 is hereby amended to read as follows:
444.570 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 operatio n of
solid waste management systems.
(c) Enforce the provisions of NRS 444.440 to 444.560,
inclusive, and sections 2, 3 and 4 of this act and any regulation
adopted by the State Environmental Commission pursuant thereto.
(d) [Periodically review the prog rams 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 t he 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
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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 requir e compliance
with NRS 444.450 to 444.560, inclusive, and sections 2, 3 and 4 of
this act and any regulation adopted by the State Environmental
Commission.
2. The State Environmental Commission shall:
(a) In cooperation with governing bodies of municipal ities,
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 De partment 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, and sections 2, 3 and 4 of this
act, 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.
Sec. 15. NRS 444.580 is hereby amended to read as follows:
444.580 Except as otherwise provided in NRS 444.559:
1. Any district board of health [created pursuant to NRS
439.362 or 439.370] of a health district and any governing body of
a municipality may adopt standards and regulations for the location,
design, construction, operation and maintenance of solid waste
management systems, including , without limitation, solid waste
disposal sites [and solid waste man agement 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.] Any regulations adopted pursuant to this
subsection must be consistent wit h the plan to provide for a solid
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waste management system approved by the State Department of
Conservation and Natural Resources pursuant to NRS 444.510.
2. Any district board of health [created pursuant to NRS
439.362 or 439.370 ] of a health district may adopt such other
regulations as are necessary to carry out the provisions of NRS
444.440 to 444.620, inclusive [.] , and sections 2, 3 and 4 of this
act. Such regulations must not conflict with regulations adopted by
the State Environmental Commission. If a district board of health
adopts regulations pursuant to this subsection that are more
restrictive than those adopted by the State Environmental
Commission, the district board of health shall provide reasonable
notification of the proposed adopt ion of the regulations to the
Division of Environmental Protection of the State Department of
Conservation and Natural Resources.
3. Any district board of health of a health district:
(a) May issue permits under the standards and regulations
adopted pursuant to subsection 1; and
(b) If designated pursuant to section 4 of this act, may issue
permits for other purposes relating to a solid waste management
system in accordance with the provisions of NRS 444.440 to
444.620, inclusive, and sections 2, 3 and 4 of this act.
Sec. 16. NRS 444.590 is hereby amended to read as follows:
444.590 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 sections 2, 3 and 4 of this act; and
(b) The district [boards] board of health of a health [districts
created pursuant to NRS 439.362 or 439.370 retain ] district, if
designated pursuant to section 4 of this act, retains 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.
Sec. 17. NRS 444.592 is hereby amended to read as follows:
444.592 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
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issued pursuant to NRS 444.594, the authority may, in addition to
any other remedy provided in NRS 444.440 to 444.620, inclusive [:]
, and sections 2, 3 and 4 of this act:
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 con stitutes 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.
Sec. 18. NRS 444.605 is hereby amended to read as follows:
444.605 1. In carrying out the provisions of NRS 444.440 to
444.620, inclusive, and sections 2, 3 and 4 of this act, the State
Environmental Commission, a district board of health of a health
district [created pursuant to NRS 439.362 or 439.370, ] , if
designated pursuant to section 4 of this act , 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 subp oena 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 subpo ena 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,
and asking that the court iss ue 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
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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 wh om
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.
Sec. 19. NRS 444.629 is hereby amended to read as follows:
444.629 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, and
sections 2, 3 and 4 of this act or any regulation adopted pursuant to
those sections.
Sec. 20. Chapter 445A of NRS is hereby amended by adding
thereto a new section to read as follows:
1. The Administrator of the Division may, in accordance with
the regulations adopted by the Commission pursuant to NRS
445A.860, designate a district board of health of a health district
to issue permits pursuant to NRS 445A.860 or 445A.885 or
administer and enforce any of the provisions of this s ection and
NRS 445A.800 to 445A.955, inclusive, and any regulations
adopted pursuant thereto, or to administer and enforce limited
provisions of this section and NRS 445A.800 to 445A.955,
inclusive, and any regulations adopted pursuant thereto, if the
district board of health:
(a) Applies to the Administrator for such a designation; and
(b) Demonstrates that the district board is capable of issuing
permits or administering and enforcing the provisions or limited
provisions of this section and NRS 445A.800 to 445A.955,
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inclusive, and any regulations adopted pursuant thereto, as
applicable, as determined by the Administrator.
2. If the Administrator designates a district board of health
pursuant to subsection 1, the Division shall periodically review the
activities of the district board of health to evaluate the continued
capability of the district board of health to issue permits pursuant
to NRS 445A.860 or 445A.885, administer and enforce any of the
provisions of this section and NRS 445A.800 to 445A.955 ,
inclusive, and any regulations adopted pursuant thereto, or to
administer and enforce limited provisions of this section and NRS
445A.800 to 445A.955, inclusive, and any regulations adopted
pursuant thereto, as applicable.
3. If, following a review of the capability of a district board of
health by the Division pursuant to subsection 2, the Administrator
determines that the district board of health is not capable, the
Administrator shall provide written notice of a deficiency by
certified mail to the di strict board of health of this determination.
If the deficiency identified in the written notice:
(a) Does not present an imminent or substantial hazard to
public health, safety or the environment, as determined by the
Administrator, the written notice mu st set forth a date by which
the district board of health must correct the deficiency, which
must be not less than 60 days after the date the notice was mailed
to the district board of health and may be extended by mutual
agreement of the Administrator and the district board of health. If
the district board of health fails to correct the deficiency, the
Administrator may issue an order revoking the designation of the
district board of health.
(b) Presents an imminent or substantial hazard to public
health, safety or the environment, as determined by the
Administrator, the Administrator may issue an order revoking the
designation of the district board of health. A revocation issued
pursuant to this paragraph is effective immediately. Notice of the
order rev oking the designation must be provided to the district
board of health by certified mail and must set forth the date on
which the designation is revoked. The district board of health may
petition the State Environmental Commission for a hearing on the
revocation. Such a petition must be received not more than 30
days after the date on which the designation was revoked. If the
district board of health does not petition the Commission for a
hearing, the decision to revoke the designation is not subject to
additional review.
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Sec. 21. NRS 445A.805 is hereby amended to read as follows:
445A.805 As used in NRS 445A.800 to 445A.955, inclusive,
and section 20 of this act, unless the context otherwise requires, the
words and terms defined in NRS 445A.807 to 445A.850, inclusive,
have the meanings ascribed to them in those sections.
Sec. 22. NRS 445A.812 is hereby amended to read as follows:
445A.812 “District board of health” means a district board of
health of a health district created pursuant to NRS 439 .362 or
439.370.
Sec. 23. NRS 445A.860 is hereby amended to read as follows:
445A.860 In addition to the regulations required to be adopted
pursuant to NRS 445A.880, the Commission:
1. Shall adopt regulations establishing procedures for a system
of p ermits to operate water systems which are constructed on or
after July 1, 1991.
2. Shall adopt regulations establishing the criteria for a
district board of health to demonstrate capability to be designated
by the Administrator of the Division pursuant to section 20 of this
act.
3. May adopt such other regulations as may be necessary to
govern the construction, operation and maintenance of public water
systems if those activities affect the q uality of water, but the
regulations do not supersede any regulation of the Public Utilities
Commission of Nevada.
[3.] 4. May establish by regulation a system for the issuance of
operating permits for suppliers of water and set a reasonable date
after w hich a person shall not operate a public water system
constructed before July 1, 1991, without possessing a permit issued
by the Division or , if designated pursuant to section 20 of this act,
the [appropriate] district board of health.
[4.] 5. May adopt such other regulations as may be necessary
to ensure that a community water system or nontransient water
system that commences operation on or after October 1, 1999,
demonstrates the technical capability, managerial capability and
financial capability to comply with 40 C.F.R. Part 141, but the
regulations do not supersede any regulation of the Public Utilities
Commission of Nevada or the authority of the Public Utilities
Commission of Nevada or other state agencies or local governing
bodies to issue permit s or certificates of authority for suppliers of
water.
[5.] 6. May adopt such other regulations as may be necessary
to evaluate the technical capability, managerial capability and
financial capability of a community water system or nontransient
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water system that commenced operation before October 1, 1999, to
comply with 40 C.F.R. Part 141, but the regulations do not
supersede any regulation of the Public Utilities Commission of
Nevada or the authority of the Public Utilities Commission of
Nevada or other state agencies or local governing bodies to issue
permits or certificates of authority for suppliers of water.
[6.] 7. May establish by regulation reasonable fees as may be
necessary to carry out the provisions of NRS 445A.800 to
445A.955, inclusive [.] , and section 20 of this act. All fees
collected pursuant to this subsection must be deposited in the
account created pursuant to NRS 445A.861.
[7.] 8. May adopt such other regulations as may be necessary
to carry out the provisions of NRS 445A.800 to 445A.955, inclusive
[.] , and section 20 of this act.
Sec. 23.5. NRS 445A.861 is hereby amended to read as
follows:
445A.861 1. All fees collected pursuant to NRS 278.3295
and subsection [6] 7 of NRS 445A.860 must be deposited in a
separate account created in the State General Fund. The State
Department of Conservation and Natural Resources shall administer
the account.
2. The money in the account must be expended only to pay for
the costs to carry out the provisions of NRS 278.3295, 278.335,
278.377 and 445A.800 to 445A.955, inclusive, and section 20 of
this act or for any other purpose authorized by the Legislature.
3. The interest and income earned on the money in the account,
after deducting any applicable charges, must be credited to the
account.
Sec. 24. NRS 445A.885 is hereby amended to read as follows:
445A.885 1. Except as otherwise provided in subsection 2,
no water system which is constructed on or after July 1, 1991, may
operate unless the owner of the water system receives a p ermit to
operate the water system from the Division or the district board of
health , if designated [by the Commission. ] pursuant to section 20
of this act. The owner of such a water system is entitled to a permit
to operate the water system upon satisfaction of the requirements set
forth in NRS 445A.885 to 445A.915, inclusive, and the
requirements set forth in the regulations adopted by the Commission
pursuant to NRS 445A.860.
2. Subsection 1 does not apply to the expansion of a public
utility.
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Sec. 25. NRS 445A.895 is hereby amended to read as follows:
445A.895 A permit to operate a water system may not be
issued pursuant to NRS 445A.885 unless all of the following
conditions are met:
1. Neither water provided by a public utility nor water
provided by a municipality or other public entity is available to the
persons to be served by the water system.
2. The applicant fully complies with all of the conditions of
NRS 445A.885 to 445A.915, inclusive.
3. The applicant submits to the Division or the district board of
health , if designated [by the Commission] pursuant to section 20 of
this act, documentation issued by the State Engineer which sets
forth that the applicant holds water rights that are sufficient to
operate the water system.
4. The local governing body agrees:
(a) That, except as otherwise provided in paragraph (b), in the
event of a default by the builder, developer or owner of the water
system, the sole and exclusive obligation of the local governing
body shall be to use the surety furnished to the local governing body
pursuant to subsection 5 to contract with and pay the operator of the
water system for the continued operation and maintenance of the
water system.
(b) To assume the duty of assessing the lands served as provided
in subsection 6 in the event of default by the builder, developer or
owner of the water system.
5. The applicant furnishes the local governing body sufficient
surety, in the form of a bond, certificate of deposit, investment
certificate, properly established and funded reserve account or any
other form acceptable to the governing body, to ensure the
continued maintenance and operation of the water system:
(a) For 5 years following the date the system is placed in
operation; or
(b) Until 75 percen t of the lots or parcels served by the system
are sold,
whichever is later.
6. The owners of the lands to be served by the water system:
(a) Furnish the local governing body sufficient surety, in the
form of a bond, certificate of deposit, investment certificate,
properly established and funded reserve account or any other form
acceptable to the governing body, to ensure the continued
maintenance and operation of the water system and continued
technical, financial and managerial capability of the wate r system;
and
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(b) Record a declaration of covenants, conditions and
restrictions which is an equitable servitude running with the land
and which must provide:
(1) That each lot or parcel will be assessed by the local
governing body for its proportionate share of the cost of
replenishing or augmenting the surety required pursuant to
paragraph (a) as necessary for the continued operation and
maintenance of the water system if there is a default by the builder,
developer or owner of the water system;
(2) That the owners of the lands will annually provide the
local governing body with a financial audit of the water system,
including, without limitation, any reserve account, if established, to
ensure the adequacy of the financial management of the water
system; and
(3) An acknowledgment of and agreement with the
obligations of the local governing body pursuant to subsection 4 and
subsection 3 of NRS 445A.905.
7. If the water system uses or stores ozone, the portion of the
system where ozone is used or sto red must be constructed not less
than 100 feet from any existing residence, unless the owner and
occupant of each residence located closer than 100 feet consent to
the construction of the system at a closer distance.
8. The owners of the lands to be serv ed by the water system
record a declaration of covenants, conditions and restrictions, which
is an equitable servitude running with the land, and provides that if
the Division determines that:
(a) The water system is not satisfactorily serving the needs o f its
users; and
(b) Water provided by a public utility or a municipality or other
public entity is reasonably available,
the local governing body shall, in a county whose population is
700,000 or more, and may, in all other counties, pursuant to NRS
244.3655 or 268.4102, require all users of the water system to
connect into the available water system provided by a public utility
or a municipality or other public entity, and each lot or parcel will
be assessed by the local governing body for its proporti onate share
of the costs associated with connecting into that water system. If the
water system is being connected into a public utility, the Public
Utilities Commission of Nevada shall determine the amount of the
assessments for the purposes of establishi ng a lien pursuant to
NRS 445A.900.
9. Provision has been made for disposition of the water system
and the land on which it is situated after the local governing body
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requires all users to connect into an available water system provided
by a public utility or a municipality or other public entity.
Sec. 26. NRS 445A.920 is hereby amended to read as follows:
445A.920 1. Except as otherwise provided in subsection 2,
plans and specifications for any substantial addition to or alteration
of a public water system subject to a regulation of the Commission
must be submitted for review and approval to [the] :
(a) The Division ; or [the appropriate]
(b) The district board of health [for review and approval. ] , if
designated pursuant to section 20 of this act.
2. A public water system is not required to submit any plans
and specifications if the addition or alteration complie s with
standards previously approved by the Division or the [appropriate]
district board of health [.] , if designated pursuant to section 20 of
this act.
3. In approving the plans and specifications, the Division or the
[appropriate] district board of h ealth , if designated pursuant to
section 20 of this act, may require such modifications or impose
such conditions as are necessary to carry out the provisions of NRS
445A.800 to 445A.955, inclusive [.] , and section 20 of this act.
Sec. 27. NRS 445A.925 is hereby amended to read as follows:
445A.925 1. The Division [and] or the district [boards] board
of health , if designated pursuant to section 20 of this act, shall:
(a) Enforce the provisions of NRS 445A.800 to 445A.955,
inclusive, and section 20 of this act and regulations adopted
pursuant thereto; and
(b) Make such investigations and inspections as are necessary to
ensure compliance with those sections and regulations.
2. Any representative of the Division or the [appropriate]
district board of health , if designated pursuant to section 20 of this
act, may enter the property of any public water system at any
reasonable time for the purpose of inspecting and investigating the
adequacy and sanitary condition of the system and the q uality of its
water.
3. Except in an emergency, the Division or the [appropriate]
district board of health , if designated pursuant to section 20 of this
act, shall notify and permit the supplier of water to be present when
an inspection or investigation is being conducted.
Sec. 28. NRS 445A.940 is hereby amended to read as follows:
445A.940 1. A supplier of water shall immediately notify the
Division or , if designated pursuant to section 20 of this act, the
[appropriate] district board of health and the users of the supplier’s
public water system whenever:
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(a) The system is not in compliance with the primary drinking
water standards;
(b) The supplier fails to perform any required monitoring of
water quality;
(c) The supplier has been granted a variance or exemption by the
Commission; or
(d) The supplier fails to comply with the conditions imposed by
the Commission in granting the variance or exemption.
2. The notification must be in the form and manner prescribed
by the Division.
Sec. 29. NRS 445A.943 is hereby amended to read as follows:
445A.943 1. If the Division has reason to believe that a
person is engaging or has engaged in any act or practice which
violates the provisions of NRS 445A.800 to 445A.955, inclusive,
and section 20 of this act or a regulation adopted or order issued
pursuant thereto, or any term or condition of a permit to operate a
public water system issued pursuant to NRS 445A.860 or a
certification of a laboratory for the analysis of water issued pursuant
to NRS 445A.863, the Division may, in addition to any other action
authorized or required by NRS 445A.800 to 445A.955, inclusive,
and section 20 of this act, issue an order:
(a) Specifying the provision or provisions which the Division
believes or has reason to believe the person is violating or has
violated;
(b) Setting forth the facts alleged to constitute the violation;
(c) Prescribing the actions the person must take to correct the
violation and the period during which the violation must be
corrected; and
(d) Requiring the person to appear before the Administrator of
the Division or a hearing officer appointed by the Administrator to
show cause why the Division should not commence an action
against the person in district court for appropriate relief.
2. If the Division has reasonable cause to believe, based on
evidence sat isfactory to it, that any person is about to violate the
provisions of NRS 445A.800 to 445A.955, inclusive, and section 20
of this act or a regulation adopted or order issued pursuant thereto,
or any term or condition of a permit to operate a public water system
issued pursuant to NRS 445A.860 or a certification of a laboratory
for the analysis of water issued pursuant to NRS 445A.863, the
Division may, without a prior hearing, issue a summary order
against the person, directing the person to cease and desi st from any
further acts that constitute or would constitute a violation. The
summary order to cease and desist must specify the provision of
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NRS 445A.800 to 445A.955, inclusive, and section 20 of this act or
a regulation adopted or order issued pursuant t hereto, or the term or
condition of a permit or certification which the Division reasonably
believes is about to be violated.
3. An order issued by the Division pursuant to subsection 1 or
2 is effective immediately and is not subject to review unless th e
person to whom the order is directed, not later than 30 days after the
order is issued, submits a written petition to the Commission for a
hearing.
Sec. 30. NRS 445A.945 is hereby amended to read as follows:
445A.945 1. The Division or the [appropriate] district board
of health , if designated pursuant to section 20 of this act, may
apply to a court of competent jurisdiction to enjoin the continuance
or occurrence of any act or practice which violates the provisions of
NRS 445A.800 to 445A.955, inclusive, and section 20 of this act or
of any regulation adopted or order issued pursuant thereto.
2. On a showing by the Division or the district board of health
that such a violation has occurred or will occur, the court may issue,
without bond, such prohibitory or mandatory injunction as the facts
may warrant.
Sec. 31. NRS 445A.950 is hereby amended to read as follows:
445A.950 1. Any supplier of water who:
(a) Violates any standard established pursuant to
NRS 445A.855;
(b) Violates or fai ls to comply with an order issued pursuant to
NRS 445A.930 or subsection 1 or 2 of NRS 445A.943;
(c) Violates any condition imposed by the Commission upon
granting a variance or exemption under NRS 445A.935;
(d) Violates a regulation adopted by the Commission pursuant to
NRS 445A.860 or 445A.880; or
(e) Fails to give a notice as required by NRS 445A.940,
is liable for a civil penalty, to be recovered by the Attorney
General in the name of the Division, of not more than $25,000 for
each day of the violation.
2. In addition to the civil penalty prescribed in subsection 1,
the Division may impose an administrative fine against a supplier of
water who commits any violation enumerated in subsection 1. The
administrative fine imposed may not be more than $5,000 per day
for each such violation.
3. The civil penalty and administrative fine prescribed in this
section may be imposed in addition to any other penalties or relief
prescribed in NRS 445A.800 to 445A.955, inclusive [.] , and
section 20 of this act.
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- 83rd Session (2025)
4. In addition to any other remedy provided by this chapter, the
Division may compel compliance with any provision of NRS
445A.800 to 445A.955, inclusive, and section 20 of this act or of
any permit, certificate, standard, regulation or final order ado pted or
issued thereto, by injunction or other appropriate remedy. The
Division may institute and maintain in the name of the State of
Nevada any such enforcement proceedings.
Sec. 32. NRS 445A.952 is hereby amended to read as follows:
445A.952 1. A laboratory for the analysis of water that:
(a) Violates any regulation adopted by the Commission pursuant
to NRS 445A.863; or
(b) Violates or fails to comply with an order issued pursuant to
subsection 1 or 2 of NRS 445A.943,
is liable for a civil pena lty, to be recovered by the Attorney
General in the name of the Division, of not more than $5,000 for
each day of the violation.
2. In addition to the civil penalty described in subsection 1, the
Division may impose an administrative fine of not more than $2,500
per day for each violation described in subsection 1.
3. The civil penalty and administrative fine authorized by this
section are in addition to any other penalties or relief prescribed by
NRS 445A.800 to 445A.955, inclusive [.] , and section 20 of this
act.
4. In addition to any other remedy provided by this chapter, the
Division may compel compliance with any provision of NRS
445A.800 to 445A.955, inclusive, and section 20 of this act or of
any permit, certificate, standard, regulation or final order adopted or
issued thereto, by injunction or other appropriate remedy. The
Division may institute and maintain in the name of the State of
Nevada any such enforcement proceedings.
Sec. 33. NRS 445A.955 is hereby amended to read as follows:
445A.955 Any person who violates the provisions of NRS
445A.800 to 445A.955, inclusive, and section 20 of this act or any
regulation adopted by the Commission pursuant to those provisions
is guilty of a misdemeanor. Each day of violation constitutes a
separate offense.
Sec. 34. 1. Notwithstanding the amendatory provisions of
section 4 of this act requiring the Administrator of the Division of
Environmental Protection of the State Department of Conservation
and Natural Resources to determine that a district board of health of
a health district is capable of acting as a solid waste manag ement
authority, any district board of health which on the effective date of
this act is acting as a solid waste management authority for the
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purposes of NRS 444.440 to 444.645, inclusive, as amended by
sections 2 to 19, inclusive, of this act, shall be de emed to have been
determined capable of acting as a solid waste management authority
by the Administrator and may continue to act as a solid waste
management authority.
2. Notwithstanding the amendatory provisions of section 20 of
this act authorizing th e Administrator to designate a district board
of health of a health district to administer and enforce the provisions
of NRS 445A.800 to 445A.955, inclusive, as amended by sections
20 to 33, inclusive, of this act, any district board of health which on
the effective date of this act is administering and enforcing the
provisions of NRS 445A.800 to 445A.955, inclusive, as amended by
sections 20 to 33, inclusive, of this act, shall be deemed to have
been so designated by the Administrator and may continue to
administer and enforce the provisions of NRS 445A.800 to
445A.955, inclusive, as amended by sections 20 to 33, inclusive, of
this act.
Sec. 35. This act becomes effective upon passage and
approval.
20 ~~~~~ 25