As used in this chapter,
“health authority” means the officers and agents of the Health Division
or the officers and agents of the local boards of health.
(Added to NRS by 1969, 1021)
As used in this chapter,
“Health Division” means the Health Division of the Department of Health
and Human Services.
(Added to NRS by 1963, 954; A 1967, 1170; 1973, 1406)
USED BEDDING AND MATTRESSES
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]
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]
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)
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
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)
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)
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 )
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
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]
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
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 432A.024 , furnishing care to 12 children or less.
(d) Any other residence or facility as determined by the State
Board of Health.
(Added to NRS by 1993, 2504)
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)
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)
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)
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 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)
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 he has a physical disability which requires the use of
that device.
(Added to NRS by 1987, 184)
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)
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 competency at any time during his employment.
(Added to NRS by 1993, 1327)
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
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)
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 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 his wages. When straw or
other substitute for a mattress is used, a container or tick must be
provided.
[2:47:1923; NCL § 2817]
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]
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 Health Division, and all applicable administrative
regulations which pertain to the disposal of sewage.
[4:47:1923; NCL § 2819]—(NRS A 1993, 2639)
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)
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]
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)
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
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)
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)
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)
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)
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
50o 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)
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 Health 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)
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 his license.
(Added to NRS by 1967, 1050)
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)
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)
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
Health Division prescribed by NRS 439.170 and 439.570 .
(Added to NRS by 1967, 1050)
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
1. The Health 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 State Health Officer or his authorized agent shall inspect
those institutions at least once each calendar year and whenever he deems
an inspection necessary to carry out the provisions of this section.
4. The State Health Officer may publish reports of the inspections.
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 State Health Officer or his authorized agent 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
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 )
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;
(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, 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.
4. A report of the findings of an inspection must be made to the
State Health Officer within 20 days following the inspection. The State
Health Officer may from time to time, in his discretion, publish the
reports of those inspections.
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)
UNIFORM PLUMBING CODE
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)
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 Chairman of the State Public Works Board or his designee
shall review each amendment to the Uniform Plumbing Code and approve or
disapprove of the amendment for use in Nevada. If the Chairman 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)
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 Health Division.
(Added to NRS by 1971, 234; A 1973, 1406; 1975, 202; 1977, 1220)
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
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)
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)
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
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)
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 444.500
, inclusive, have the meanings ascribed
to them in those sections.
(Added to NRS by 1971, 1178; A 1987, 1491; 1991, 1672, 2191; 1993,
14)
“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)
“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)
“Municipality” means any
county and any city or town, whether incorporated or unincorporated, and
Carson City.
(Added to NRS by 1971, 1178)
“Person” includes any state or
federal agency.
(Added to NRS by 1971, 1178; A 1985, 516)
“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)
“Solid
waste management authority” means:
1. 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, the Division of Environmental
Protection of the State Department of Conservation and Natural Resources.
(Added to NRS by 1993, 10; A 2005, 2468 )
“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)
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 )
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 his 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 by him 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 )
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)
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)
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)
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)
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)
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)
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)
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 )
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 )
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
444.553 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 )
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
)
1. Except as otherwise provided in subsection 5, 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 )
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)
Repealed. (See chapter 387, Statutes of Nevada 2005, at
page 1505 .)
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 )
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 444.553 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 )
1. An order issued by a solid waste management authority must:
(a) Specify the term or condition of a permit issued pursuant to
NRS 444.553 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)
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 444.553 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)
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 444.553 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)
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 444.553
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)
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 him 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 he 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, he may be punished as for a contempt
of court.
(Added to NRS by 1993, 13; A 2005, 2469 )
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 )
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)
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.
(Added to NRS by 1993, 10; A 1995, 649)
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
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 )
“Dump site” means a location at
which solid waste is disposed of unlawfully.
(Added to NRS by 2001, 1233 )
“Solid waste” has the meaning
ascribed to it in NRS 444.490 .
(Added to NRS by 2001, 1233 )
“Solid
waste management authority” has the meaning ascribed to it in NRS 444.495
.
(Added to NRS by 2001, 1233 )
1. The solid waste management authority in each county whose
population is 400,000 or more 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. In a county whose population is 400,000 or more, 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 )
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) For a first offense within the immediately preceding 2 years, a
misdemeanor.
(b) 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 1 year.
(c) 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 1 year.
2. 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) 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 years, 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.
3. If a person is sentenced to clean up a dump site pursuant to
subsection 2, 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).
4. 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.
5. 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.
6. 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.
7. A district health officer or his deputy 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 his
jurisdiction.
8. 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 )
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 444.583
or 444.630 , any person convicted of
violating NRS 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 444.555 , 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. 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 or, if the health authority initiated the action, the
district health department which shall deposit the money with the State
Treasurer for credit in a separate account in the State General Fund or
with the county treasurer for deposit in an account for the district
health department, as the case may be. Money so deposited 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 )
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 )
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 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 he 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, he may be punished as for a contempt
of court.
(Added to NRS by 2001, 1234 )
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 his conviction
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 )
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 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
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 )
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