As used in NRS 444A.010 to 444A.080 , inclusive, unless the context otherwise
requires, the words and terms described in NRS 444A.011 to 444A.017 , inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 1991, 1668; A 1993, 17, 1441)
“Department” means the State
Department of Conservation and Natural Resources.
(Added to NRS by 1993, 1441)
“Municipality” means a
county, city, town, general improvement district or health district
created pursuant to NRS 439.362 or
439.370 or other political subdivision
of this State which has jurisdiction over the management of solid waste.
(Added to NRS by 1993, 1441; A 2005, 2470 )
“Recyclable material”
means solid waste that can be processed and returned to the economic
mainstream in the form of raw materials or products, as determined by the
State Environmental Commission.
(Added to NRS by 1993, 1441)
“Recycling center” means
a facility designed and operated to receive, store, process or transfer
recyclable material which has been separated at the source from other
solid waste.
(Added to NRS by 1993, 1441)
“Solid waste” has the meaning
ascribed to it in NRS 444.490 .
(Added to NRS by 1993, 1441)
“Tire for a vehicle”
includes a tire for a motorized vehicle that is 12 inches or larger in
diameter, but does not include a recapped tire or used tire which is sold
again.
(Added to NRS by 1993, 1441)
“Vehicle” means any device in,
upon or by which any person or property is or may be transported or drawn
upon land. The term does not include:
1. Devices moved by human or electrical power;
2. Commercial coaches as defined in NRS 489.062 ;
3. Electric personal assistive mobility devices as defined in NRS
482.029 ; and
4. Mobile homes as defined in NRS 489.120 .
(Added to NRS by 1993, 1441; A 2003, 1207 )
1. The State Environmental Commission shall adopt regulations
establishing minimum standards for:
(a) Separating at the source recyclable material from other solid
waste originating from residential premises and public buildings where
services for the collection of solid waste are provided.
(b) Establishing recycling centers for the collection and disposal
of recyclable material.
(c) The disposal of hazardous household products which are capable
of causing harmful physical effects if inhaled, absorbed or ingested.
2. The regulations adopted pursuant to subsection 1 must be
adopted with the goal of recycling at least 25 percent of the total solid
waste generated within a municipality after the second full year
following the adoption of such standards.
3. The State Environmental Commission shall, by regulation,
establish acceptable methods for disposing of used or waste tires.
(Added to NRS by 1991, 1668; A 1999, 3178 )
1. The Division of Environmental Protection of the State
Department of Conservation and Natural Resources shall, by regulation,
adopt a model plan for:
(a) Separating at the source recyclable material from other solid
waste originating from residential premises and public buildings where
services for the collection of solid waste are provided.
(b) Establishing recycling centers for the collection and disposal
of recyclable material in areas where there are no centers.
(c) The disposal of hazardous household products which are capable
of causing harmful physical effects if inhaled, absorbed or ingested.
(d) The disposal of infectious waste, hazardous waste which is not
regulated pursuant to NRS 459.485 and
liquid waste which is not regulated pursuant to NRS 445A.300 to 445A.730 , inclusive.
2. The model plans adopted pursuant to subsection 1 must not
conflict with the standards adopted by the State Environmental Commission
pursuant to NRS 444A.020 .
(Added to NRS by 1991, 1669; A 1999, 3178 )
1. The board of county commissioners in a county whose population
is 100,000 or more, or its designee, shall make available for use in that
county a program for:
(a) The separation at the source of recyclable material from other
solid waste originating from the residential premises and public
buildings where services for the collection of solid waste are provided.
(b) The establishment of recycling centers for the collection and
disposal of recyclable material where existing recycling centers do not
carry out the purposes of the program.
(c) The disposal of hazardous household products which are capable
of causing harmful physical effects if inhaled, absorbed or ingested.
This program may be included as a part of any other program made
available pursuant to this subsection.
(d) The encouragement of businesses to reduce solid waste and to
separate at the source recyclable material from other solid waste. This
program must, without limitation, make information regarding solid waste
reduction and recycling opportunities available to a business at the time
the business applies for or renews a business license.
2. The board of county commissioners of a county whose population
is 40,000 or more but less than 100,000, or its designee:
(a) May make available for use in that county a program for the
separation at the source of recyclable material from other solid waste
originating from the residential premises and public buildings where
services for the collection of solid waste are provided.
(b) Shall make available for use in that county a program for:
(1) The establishment of recycling centers for the
collection and disposal of recyclable material where existing recycling
centers do not carry out the purposes of the program established pursuant
to paragraph (a).
(2) The disposal of hazardous household products which are
capable of causing harmful physical effects if inhaled, absorbed or
ingested. This program may be included as a part of any other program
made available pursuant to this subsection.
3. The board of county commissioners of a county whose population
is less than 40,000, or its designee, may make available for use in that
county a program for:
(a) The separation at the source of recyclable material from other
solid waste originating from the residential premises and public
buildings where services for the collection of solid waste are provided.
(b) The establishment of recycling centers for the collection and
disposal of recyclable material where existing recycling centers do not
carry out the purposes of the program.
(c) The disposal of hazardous household products which are capable
of causing harmful physical effects if inhaled, absorbed or ingested.
This program may be included as a part of any other program made
available pursuant to this subsection.
4. Any program made available pursuant to this section:
(a) Must not:
(1) Conflict with the standards adopted by the State
Environmental Commission pursuant to NRS 444A.020 ; and
(2) Become effective until approved by the Department.
(b) May be based on the model plans adopted pursuant to NRS
444A.030 .
5. The governing body of a municipality may adopt and carry out
within the municipality such programs made available pursuant to this
section as are deemed necessary and appropriate for that municipality.
6. Any municipality may, with the approval of the governing body
of an adjoining municipality, participate in any program adopted by the
adjoining municipality pursuant to subsection 5.
7. Persons residing on an Indian reservation or Indian colony may
participate in any program adopted pursuant to subsection 5 by a
municipality in which the reservation or colony is located if the
governing body of the reservation or colony adopts an ordinance
requesting such participation. Upon receipt of such a request, the
governing body of the municipality shall make available to the residents
of the reservation or colony those programs requested.
(Added to NRS by 1991, 1669; A 1995, 506; 1999, 3179 ; 2001, 1990 ; 2005, 1501 )
1. A county or health district that adopts a program pursuant to
NRS 444A.040 shall:
(a) On or before July 1 of each year, submit a report to the
Department of the number of tons of material disposed of in the area
covered by the program.
(b) Within 6 months after adopting the program, and at least once
every 6 months thereafter, notify all persons occupying residential,
commercial, governmental and institutional premises within the area
covered by the program of the local recycling opportunities and the need
to reduce the amount of waste generated.
2. The governing body of a municipality that adopts a program
pursuant to NRS 444A.040 shall:
(a) Adopt such ordinances as are necessary for the enforcement of
the program.
(b) At least once every 24 months, conduct a review of the program
and propose such revisions to the program and any ordinances adopted
pursuant thereto as the governing body determines are necessary and
appropriate. The findings of the review and any proposed revisions must
be submitted to the Department for approval on or before July 30 of each
even-numbered year.
(Added to NRS by 1991, 1670; A 1999, 3180 ; 2005, 1502 )
1. A person who offers a tire for a vehicle for sale at retail
shall post at the point of purchase a written notice which is at least 8
1/2 inches by 11 inches in size and contains the following information:
NOTICE
State law requires us to accept used tires for disposal or
recycling when new tires are purchased from us.
2. It is unlawful for a person who offers a tire for a vehicle for
retail sale to refuse to accept used or waste tires in exchange on the
purchase of a new tire. This section does not require the purchaser of a
tire to provide a used or waste tire as a condition of his purchase of a
new tire. The seller shall comply with the regulations of the State
Environmental Commission regarding the proper disposal of the used or
waste tires so collected. In addition to any other applicable penalty,
any person who violates the provisions of this subsection is guilty of a
misdemeanor and shall be fined not less than $100 for each day of
violation.
(Added to NRS by 1991, 1668; A 2005, 1502 )
The Director of the Department shall
deliver to the Director of the Legislative Counsel Bureau a biennial
report on or before January 31 of each odd-numbered year for submission
to the Legislature on the status of current and proposed programs for
recycling and reuse of materials and on any other matter relating to
recycling and reuse which he deems appropriate.
(Added to NRS by 1991, 1668)
1. The State Environmental Commission shall adopt regulations
necessary to enforce the provisions of NRS 444A.010 to 444A.070 , inclusive.
2. The State Environmental Commission may adopt any other
regulations necessary to carry out the provisions of NRS 444A.010 to 444A.070 , inclusive.
(Added to NRS by 1991, 1670)
FEE FOR PURCHASE OF NEW TIRE
1. A person who sells a new tire for a vehicle to a customer for
any purpose other than for resale by the customer in the ordinary course
of business shall collect from the purchaser at the time he collects the
applicable sales taxes for the sale a fee of $1 per tire. A person who
did not pay the fee imposed by this section at the time of purchase
because he purchased the new tire for resale and who then makes any use
of that tire other than to resell it in the ordinary course of business,
shall pay the fee imposed by this section to the Department of Taxation
at the time of the first use of that tire for a purpose other than
holding it for resale.
2. The seller shall account separately for all money received
pursuant to subsection 1 as a deposit to be held in trust for the State.
In accordance with the regulations adopted pursuant to subsection 3, the
seller shall transmit 95 percent of the money held in trust pursuant to
this section to the Department of Taxation for deposit with the State
Treasurer for credit to the Solid Waste Management Account in the State
General Fund. The remaining 5 percent and all interest and income which
accrued on the money while in trust with the seller become the property
of the seller on the day the balance for the month is transmitted to the
Department of Taxation and may be retained by the seller to cover his
related administrative costs.
3. The Director of the Department of Taxation shall adopt
regulations establishing acceptable methods for accounting for and
transmitting to the Department money collected or required to be paid by
retailers pursuant to subsection 1. The regulations must include a
designation of the persons responsible for payment. The regulations must,
in appropriate situations, allow for the transmission of that money
together with the payment of the applicable sales and use taxes.
4. In collecting the fee, the Department of Taxation may employ
any administrative and legal powers conferred upon it for the collection
of the sales and use taxes by chapters 360
and 372 of NRS.
5. The fee imposed pursuant to subsection 1 does not apply to any
tire included in the sale of a new or used vehicle unless the tire is
sold in a separate transaction.
(Added to NRS by 1991, 1667, 1677; A 1993, 18, 19, 1420)
PROGRAM OF PUBLIC EDUCATION
1. The Division shall develop a program of public education to
provide information, increase public awareness of the individual
responsibility of properly disposing of solid waste and encouraging
public participation in recycling, reuse and waste reduction. The program
must be designed in accordance with the plans to provide for a solid
waste management system approved pursuant to NRS 444.510 to communicate the importance of conserving
natural resources, in addition to the importance of protecting public
health and the environment. The program must include promotion of the
private and public efforts to accomplish conservation, recovery and reuse.
2. The Division shall encourage the reduction of waste and litter
by:
(a) Providing, upon request, advice to persons regarding techniques
to reduce waste and general information on recycling.
(b) Establishing a computer database to process related information.
(c) Establishing a toll-free telephone line to assist in the
dissemination of information.
(d) Sponsoring or cosponsoring technical workshops and seminars on
waste reduction.
(e) Assisting local programs for the research and development of
plans to reduce waste.
(f) Coordinating the dissemination of publications on waste
reduction, regardless of the source of those publications.
(g) Assisting in the development and promotion of programs of
continuing education for educators and administrators to enable them to
teach and encourage methods of waste reduction.
(h) Developing an emblem to signify and advertise the efforts in
Nevada to encourage recycling.
(i) Recommending to educational institutions courses and curricula
relating to recycling and the reduction of waste.
(j) Assisting state agencies, upon request, to develop and carry
out programs for recycling within state buildings.
3. The Division shall coordinate the technical assistance
available from the various state agencies. The Administrator of the
Division shall prepare and deliver biennial reports to the Governor
regarding the progress of the program.
4. The Division may award grants to municipalities, educational
institutions and nonprofit organizations for projects that enhance solid
waste management systems and promote the efficient use of resources. The
Division shall consult a solid waste management authority before awarding
a grant for a project within the jurisdiction of that solid waste
management authority.
5. The State Environmental Commission shall adopt regulations
governing the administration of grants awarded pursuant to subsection 4.
6. As used in this section, unless the context otherwise requires,
“Division” means the Division of Environmental Protection of the State
Department of Conservation and Natural Resources.
(Added to NRS by 1991, 1676; A 1995, 646; 1999, 3180 ; 2005, 1503 )
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