USA Statutes : nevada
Title : Title 40 - PUBLIC HEALTH AND SAFETY
Chapter : CHAPTER 445A - WATER CONTROLS
In performing any work which alters the material condition
of land or vegetation, the State, its agencies and all political
subdivisions in this State shall comply with all the state laws or
regulations and local ordinances which are applicable to private persons
performing the same type of work.
(Added to NRS by 1971, 508)—(Substituted in revision for NRS
445.015)
Every owner, agent, manager,
operator or other person having charge of any waterworks furnishing water
for public use who shall:
1. Knowingly permit any act or omit any duty or precaution by
reason whereof the purity or healthfulness of the water supplied shall
become impaired is guilty of a gross misdemeanor.
2. Fail to adjust the naturally occurring fluoride concentration
of the water to levels recommended by public health authorities when
there has been approval by a majority of the votes cast pursuant to NRS
445A.045 , or who shall adjust such
concentration if such approval has not been obtained, is guilty of a
misdemeanor. The provisions of this subsection do not apply to purveyors
of bottled water who label their containers to inform the purchaser that
the naturally occurring fluoride concentration of the water has been
adjusted to recommended levels.
[1911 C&P § 275; RL § 6540; NCL § 10223]—(NRS A 1967, 768)
CONCENTRATION OF FLUORIDE IN WATER
As used in NRS
445A.020 to 445A.055 , inclusive, unless the context otherwise
requires, “public water system” has the meaning ascribed to it in NRS
445A.840 .
(Added to NRS by 1999, 1112 ; A 1999, 3169 )
Whenever the governing body of any city or town or the
board of county commissioners receives a written proposal from a supplier
of water, public health authorities or from any person or persons that
the naturally occurring fluoride concentration of the water be adjusted
to levels recommended by public health authorities, such governing body
or board may, in its discretion, give notice of such proposal and the
geographical area in which the water is distributed to the county clerk
of each county in which any water so affected is distributed.
(Added to NRS by 1967, 768)—(Substituted in revision for NRS
445.033)
Upon receipt of such notice, each county clerk shall cause such
proposal to be published and submitted to the appropriate registered
voters, as specified in NRS 445A.035 ,
in the manner provided by the general election laws for the submission of
questions. If required to carry out the provisions of NRS 445A.035 , such proposal shall appear on a separate
ballot.
(Added to NRS by 1967, 768)—(Substituted in revision for NRS
445.034)
The proposal shall be submitted at the next general election to the
registered voters of each political subdivision or precinct in which the
water affected is distributed.
(Added to NRS by 1967, 768)—(Substituted in revision for NRS
445.035)
1. Upon completion of the canvass of the vote, the county clerk
shall certify the number of votes cast for and against the proposal to:
(a) The supplier, if the water affected is distributed in but one
county.
(b) The Secretary of State, if the water affected is distributed in
more than one county.
2. If such results are certified to the Secretary of State, he
shall compile the results from all counties affected and certify to the
supplier the number of votes cast for and against the proposal.
(Added to NRS by 1967, 768)—(Substituted in revision for NRS
445.036)
The supplier may
proceed to put the proposal into effect only if a majority of all the
votes cast upon the question were cast for the proposal.
(Added to NRS by 1967, 769)—(Substituted in revision for NRS
445.037)
The provisions of NRS 445A.025 to 445A.050 , inclusive, do not apply to:
1. A public water system that serves a population of 100,000 or
more in a county whose population is 400,000 or more.
2. A water authority, as defined pursuant to NRS 377B.040 , and any political subdivision that receives
all or a part of its water supply from such a water authority in a county
whose population is 400,000 or more.
3. Purveyors of bottled water who label their containers to inform
the purchaser that the naturally occurring fluoride concentration of the
water has been adjusted to recommended levels.
4. A supplier of water who supplies water to less than 500 users.
(Added to NRS by 1967, 769; A 1969, 1080; 1999, 1114 , 3169 )
1. The State Board of Health shall adopt regulations requiring the
fluoridation of all water delivered for human consumption in a county
whose population is 400,000 or more by a:
(a) Public water system that serves a population of 100,000 or
more; or
(b) Water authority.
2. The regulations must include, without limitation:
(a) The minimum and maximum permissible concentrations of fluoride
to be maintained by such a public water system or a water authority,
except that:
(1) The minimum permissible concentration of fluoride must
not be less than 0.7 parts per million; and
(2) The maximum permissible concentration of fluoride must
not exceed 1.2 parts per million;
(b) The requirements and procedures for maintaining proper
concentrations of fluoride, including any necessary equipment, testing,
recordkeeping and reporting;
(c) Requirements for the addition of fluoride to the water if the
natural concentration of fluorides is lower than the minimum permissible
concentration established pursuant to paragraph (a); and
(d) Criteria pursuant to which the State Board of Health may exempt
a public water system or water authority from the requirement of
fluoridation upon the request of the public water system or water
authority.
3. The State Board of Health shall not require the fluoridation of:
(a) The wells of a public water system or water authority if:
(1) The groundwater production of the public water system or
water authority is less than 15 percent of the total average annual water
production of the system or authority for the years in which drought
conditions are not prevalent; and
(2) The wells are part of a combined regional and local
system for the distribution of water that is served by a fluoridated
source.
(b) A public water system or water authority:
(1) During an emergency or period of routine maintenance, if
the wells of the system or authority are exempt from fluoridation
pursuant to paragraph (a) and the supplier of water determines that it is
necessary to change the production of the system or authority from
surface water to groundwater because of an emergency or for purposes of
routine maintenance; or
(2) If the natural water supply of the system or authority
contains fluoride in a concentration that is at least equal to the
minimum permissible concentration established pursuant to paragraph (a)
of subsection 2.
4. The State Board of Health may make an exception to the minimum
permissible concentration of fluoride to be maintained in a public water
system or water authority based on:
(a) The climate of the regulated area;
(b) The amount of processed water purchased by the residents of the
regulated area; and
(c) Any other factor that influences the amount of public water
that is consumed by the residents of the regulated area.
5. The Health Division of the Department of Health and Human
Services shall make reasonable efforts to secure any available sources of
financial support, including, without limitation, grants from the Federal
Government, for the enforcement of the standards established pursuant to
this section and any related capital improvements.
6. A public water system or water authority may submit to the
Health Division a claim for payment of the initial costs of the public
water system or water authority to begin complying with the provisions of
this section regardless of whether the public water system or water
authority is required to comply with those provisions. The Administrator
of the Health Division may approve such claims to the extent of
legislative appropriations and any other money available for that
purpose. Approved claims must be paid as other claims against the State
are paid. The ongoing operational expenses of a public water system or
water authority in complying with the provisions of this section are not
compensable pursuant to this subsection.
7. As used in this section:
(a) “Supplier of water” has the meaning ascribed to it in NRS
445A.845 .
(b) “Water authority” has the meaning ascribed to it in NRS
377B.040 .
(Added to NRS by 1999, 1112 ; A 1999, 3169 )
ACCOUNT TO FINANCE THE CONSTRUCTION OF TREATMENT WORKS AND THE
IMPLEMENTATION OF POLLUTION CONTROL PROJECTS
1. The Legislature finds that:
(a) The construction, rehabilitation, operation and maintenance of
modern and efficient treatment works and other pollution control projects
are essential for the protection and improvement of the waters of this
State and the public health of the residents of this State; and
(b) The protection of the waters of this arid state justifies the
State’s participation and assistance in a program which provides
long-term financing to aid municipalities and interstate agencies in the
construction of treatment works and the implementation of pollution
control projects. The provisions of NRS 445A.060 to 445A.160 , inclusive, shall be liberally construed to
carry out the purposes of NRS 445A.060 to 445A.160 , inclusive.
2. The Legislature declares that the creation of an Account to
Finance the Construction of Treatment Works and the Implementation of
Pollution Control Projects will enable the State to receive its maximum
share of the federal money available pursuant to the Federal Water
Pollution Control Act of 1972 (33 U.S.C. §§ 1251 et seq.) and ensure that
the municipalities in this State and interstate agencies receive federal
money for treatment works and programs for the control of pollution.
3. The Legislature finds and declares that any general obligation
bonds or revenue bonds issued pursuant to NRS 445A.155 are necessary for the protection and
preservation of the natural resources of this State and for the purpose
of obtaining the benefits thereof, and constitutes an exercise of the
authority conferred by the second paragraph of Section 3 of Article 9 of
the Constitution of the State of Nevada.
(Added to NRS by 1989, 1256; A 1993, 643)—(Substituted in revision
for NRS 445.041)
As used in NRS 445A.060 to 445A.160 , inclusive, unless the context otherwise
requires, the words and terms defined in NRS 445A.070 to 445A.115 , inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 1989, 1256; A 1993, 644)—(Substituted in revision
for NRS 445.042)
“Account” means the Account to
Finance the Construction of Treatment Works and the Implementation of
Pollution Control Projects created pursuant to NRS 445A.120 .
(Added to NRS by 1993, 643)—(Substituted in revision for NRS
445.0425)
“Commission” means the State
Environmental Commission.
(Added to NRS by 1989, 1256)—(Substituted in revision for NRS
445.043)
“Construction” means any:
1. Preliminary planning to determine the feasibility of treatment
works or pollution control projects;
2. Engineering, architectural, legal, fiscal or economic
investigations or studies, surveys, designs, plans, working drawings,
specifications or procedures which comply with the requirements adopted
pursuant to 33 U.S.C. §§ 1381 et seq.; or
3. Other necessary actions including the erection, building,
acquisition, alteration, remodeling, improvement or extension of
treatment works or pollution control projects, or the inspection or
supervision of any item set forth in this section.
(Added to NRS by 1989, 1256)—(Substituted in revision for NRS
445.044)
“Department” means the State
Department of Conservation and Natural Resources.
(Added to NRS by 1989, 1257)—(Substituted in revision for NRS
445.045)
“Director” means the Director of
the State Department of Conservation and Natural Resources.
(Added to NRS by 1989, 1257)—(Substituted in revision for NRS
445.046)
“Interstate agency” has
the meaning ascribed to it in NRS 445A.370 .
(Added to NRS by 1989, 1257)—(Substituted in revision for NRS
445.048)
“Municipality” has the
meaning ascribed to it in NRS 445A.375 .
(Added to NRS by 1989, 1257)—(Substituted in revision for NRS
445.049)
“Pollution
control project” means any eligible component of the management programs
established pursuant to 33 U.S.C. §§ 1251 et seq. The term “pollution
control project” is synonymous with the term “nonpoint source control
project” as that term is used in 33 U.S.C. § 1329.
(Added to NRS by 1989, 1257)—(Substituted in revision for NRS
445.051)
“Treatment works” has the
meaning ascribed to it in NRS 445A.410 .
(Added to NRS by 1989, 1257)—(Substituted in revision for NRS
445.052)
1. The Account to Finance the Construction of Treatment Works and
the Implementation of Pollution Control Projects is hereby created in the
Fund for Water Projects Loans, which is hereby created as an enterprise
fund.
2. The money in the Account must be used only for the purposes set
forth in 33 U.S.C. §§ 1381 et seq.
3. All claims against the Account must be paid as other claims
against the State are paid.
4. The faith of the State is hereby pledged that the money in the
Account will not be used for purposes other than those authorized by 33
U.S.C. §§ 1381 et seq.
(Added to NRS by 1989, 1257; A 1993, 644; 2001, 2754 )
1. The interest and income earned on money in the Account must be
credited to the Account.
2. All payments of principal and interest on all loans made to a
municipality or interstate agency and all proceeds from the sale,
refunding or prepayment of obligations of a municipality or interstate
agency acquired or loans made in carrying out the purposes of the Account
must be deposited in the State Treasury for credit to the Account.
3. The Department may accept gifts, grants and bequests of money
from any public or private source. The money must be deposited in the
State Treasury for credit to the Account.
(Added to NRS by 1989, 1257; A 1993, 644)—(Substituted in revision
for NRS 445.054)
1. The Department shall, with the approval of the Department of
Administration:
(a) Use the money in the Account for the purposes set forth in 33
U.S.C. §§ 1381 et seq.
(b) Determine whether publicly owned treatment works which receive
money or other assistance from the Account comply with the requirements
set forth in 33 U.S.C. §§ 1381 et seq.
2. The Department may, with the approval of the Department of
Administration:
(a) Enter into an agreement with the Federal Government for the
acceptance of grants of money for the Account.
(b) Provide services relating to the preparation of any plan or
report concerning the Account.
(Added to NRS by 1989, 1257; A 1993, 644)—(Substituted in revision
for NRS 445.055)
The Commission shall
adopt regulations to carry out the provisions of NRS 445A.060 to 445A.160 , inclusive.
(Added to NRS by 1989, 1258)—(Substituted in revision for NRS
445.056)
1. Except as otherwise provided in NRS 445A.145 , money in the Account may be used only to:
(a) Make loans at or below the market rate to municipalities or
interstate agencies for the construction of treatment works and the
implementation of pollution control projects.
(b) Buy or refinance at or below the market rate the debt
obligations of municipalities or interstate agencies if:
(1) The project for which the obligations were incurred
meets the requirements of 33 U.S.C. §§ 1251 et seq.; and
(2) The debt obligations were incurred and construction of
the project began after March 7, 1985.
(c) Guarantee or purchase insurance for local obligations if such
action would improve access to the credit markets or reduce the rate of
interest.
(d) Secure the sale of bonds issued by the State if the net
proceeds from the sale of those bonds are deposited in the Account.
2. A municipality or interstate agency which requests a loan or
other financial assistance must demonstrate that it has complied with the
provisions of 33 U.S.C. §§ 1381 et seq.
(Added to NRS by 1989, 1258; A 1993, 645)—(Substituted in revision
for NRS 445.057)
1. The Director shall not:
(a) Spend more than 4 percent of each grant awarded to administer
the Account; or
(b) Use any money generated pursuant to NRS 445A.155 for the costs of administering the Account
unless authorized by the Legislature.
2. The Director may, with the approval of the Department of
Administration, impose and collect a fee from each municipality or
interstate agency which receives a loan or other financial assistance
from the Account. The fee must be used to defray the costs of
administering the Account.
3. If the Director imposes a fee, the Commission shall adopt
regulations establishing the amount of the fee required to be collected
pursuant to subsection 2.
(Added to NRS by 1989, 1258; A 1993, 645)—(Substituted in revision
for NRS 445.058)
The Director may,
with the approval of the Department of Administration, employ any legal,
fiscal or other expert services necessary to carry out his duties
pursuant to NRS 445A.060 to 445A.160
, inclusive.
(Added to NRS by 1989, 1258)—(Substituted in revision for NRS
445.059)
1. The Director may, with the approval of the Department of
Administration, authorize the State Treasurer to issue, sell or deliver
general obligation bonds of the State or revenue bonds if viable to
support the purposes of the Account.
2. If the Director authorizes the issuance of those bonds, the
State Treasurer may:
(a) Sue and be sued to establish or enforce any right arising out
of a project receiving financial assistance or of any state securities
issued pursuant to this authorization;
(b) Acquire and hold municipal securities, and exercise all of the
rights of holders of those securities;
(c) Sell or otherwise dispose of municipal securities and assets
acquired in connection with those securities, unless limited by any
agreement which relates to the securities;
(d) Make contracts and execute all necessary or convenient
instruments;
(e) Accept grants of money from the Federal Government, the State,
any agency or political subdivision, or any other person;
(f) Adopt regulations relating to projects receiving financial
assistance and the administration of those projects;
(g) Employ for himself or for any municipality or interstate
agency, any necessary legal, fiscal, engineering and other expert
services in connection with projects receiving financial assistance and
with the authorization, sale and issuance of state securities and
municipal securities;
(h) Enter into agreements and arrangements consistent with NRS
445A.060 to 445A.160 , inclusive, concerning the issuance of state
securities and the purchase of municipal securities; and
(i) Undertake other matters which he determines to be necessary or
desirable to accomplish the purposes of NRS 445A.060 to 445A.160 , inclusive.
3. Before any bonds are issued pursuant to this section, the State
Board of Finance must certify that sufficient revenue will be available
in the Account to pay the interest and installments of principal as they
become due.
4. The money in the Account that is available for the payment of
the interest and installments of principal on the bonds must be pledged
as the primary source for the payment of the bonds. The full faith and
credit of the State may be pledged.
(Added to NRS by 1989, 1258; A 1993, 645; 1997, 3013)
1. The Commission shall adopt regulations relating to the
environmental review process required by 33 U.S.C. §§ 1381 et seq.
2. Each municipality or interstate agency which receives money
from the Account shall prepare an environmental assessment which complies
with the regulations adopted by the Commission and submit it to the
Department for review.
3. The Department shall review each such assessment.
(Added to NRS by 1989, 1259; A 1993, 646)—(Substituted in revision
for NRS 445.062)
PROTECTION OF LAKE TAHOE AND ITS WATERSHED
1. It is unlawful for any person, firm, association or corporation
to:
(a) Construct a pier, breakwater or marina in or to alter the
shoreline of Lake Tahoe;
(b) Remove gravel, sand or similar material from Lake Tahoe; or
(c) Deposit any fill or deleterious material in Lake Tahoe,
Ê without first having secured written permission from the State
Department of Conservation and Natural Resources.
2. Construction or alteration of the Lake Tahoe shoreline below
the high water elevation (6,229.1 feet) requires written permission from
the State Department of Conservation and Natural Resources.
3. A permit must be denied when the source of domestic water or
the place of disposal of sewage or other wastes would create a health
hazard or the quality of Lake Tahoe waters would be impaired.
4. The State Department of Conservation and Natural Resources
shall adopt regulations governing the issuance of permits under this
section.
[1:306:1949; 1943 NCL § 8247.01]—(NRS A 1963, 957; 1967, 404, 1171;
1973, 1406; 1975, 1402; 1977, 1139; 1979, 283)—(Substituted in revision
for NRS 445.080)
1. Except as provided in subsection 2, the direct discharge of
sewage or other wastes into Lake Tahoe, or within 100 feet of the
established high water rim of Lake Tahoe, or within 100 feet of a stream,
reservoir, spring, well or other water supply in the Lake Tahoe Watershed
is prohibited.
2. Where disposal of sewage or other waste by reason of property
characteristics, topography or other limitations cannot be provided other
than within 100 feet of Lake Tahoe, then the State Department of
Conservation and Natural Resources shall issue the required permit
subject to installation and operation of such sewage works as may be
necessary to provide protection to the Lake Tahoe water and the Lake
Tahoe Watershed.
[2:306:1949; 1943 NCL § 8247.02]—(NRS A 1963, 957; 1973, 1406;
1975, 1403; 1977, 1140)—(Substituted in revision for NRS 445.090)
1. The State Environmental Commission may adopt reasonable
regulations consistent with law governing the Lake Tahoe Watershed area
to carry out the purpose and intent of NRS 445A.170 to 445A.190 , inclusive.
2. The State Department of Conservation and Natural Resources:
(a) May enforce the regulations of the State Environmental
Commission with respect to the provisions of NRS 445A.170 to 445A.190 , inclusive.
(b) May enter on any property within the Lake Tahoe Watershed area
for the purpose of inspecting such premises to determine whether or not
they are in conformity with the provisions of NRS 445A.170 to 445A.190 , inclusive.
3. All regulations and standards adopted by the State Board of
Health pertaining to the protection of Lake Tahoe and its watershed in
force on July 1, 1975, remain in effect until revised by the State
Environmental Commission pursuant to NRS 445A.170 to 445A.190 , inclusive.
[3:306:1949; 1943 NCL § 8247.03]—(NRS A 1963, 958; 1967, 1172;
1973, 1406; 1975, 1403; 1977, 1140)
170 to 445A.190 , inclusive. The provisions of NRS 445A.170
to 445A.190 , inclusive, shall not be construed to
authorize the adoption of any regulation or the issuance of any permit
pursuant to such regulation, which allows any person to discharge any
sewerage, effluents or other wastes or offensive materials into the
waters of Lake Tahoe, but these provisions do not preclude a beneficial
use of treated effluent within the Lake Tahoe Watershed under a permit
issued pursuant to the provisions of NRS 445A.300 to 445A.730 , inclusive.
[4:306:1949; 1943 NCL § 8247.04]—(NRS A 1977, 756)—(Substituted in
revision for NRS 445.110)
Any person, firm, association or
corporation violating any of the provisions of NRS 445A.170 to 445A.185 , inclusive, or of the rules and regulations
hereby established shall be guilty of a misdemeanor.
[5:306:1949; 1943 NCL § 8247.05]—(NRS A 1967, 580)—(Substituted in
revision for NRS 445.120)
ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS
As used in NRS 445A.200 to 445A.295 , inclusive, unless the context otherwise
requires, the words and terms defined in NRS 445A.203 to 445A.250 , inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 1997, 1821)
“Account
for the Revolving Fund” means the Account created pursuant to NRS
445A.255 to finance the construction
of projects.
(Added to NRS by 1997, 1821)
“Account
for Set-Aside Programs” means the Account created pursuant to NRS
445A.255 to fund activities, other
than projects, authorized by the Safe Drinking Water Act, pursuant to NRS
445A.275 and 445A.280 .
(Added to NRS by 1997, 1821)
“Administrator” means the
Administrator of the Division.
(Added to NRS by 1997, 1821)
“Commission” means the State
Environmental Commission.
(Added to NRS by 1997, 1821; A 2003, 3060 )
“Construction” includes:
1. Preliminary planning to determine the feasibility of a project;
2. Engineering, architectural, legal, environmental, fiscal or
economic investigations or studies, surveys, designs, plans, working
drawings, specifications or procedures that comply with the Safe Drinking
Water Act, and regulations adopted pursuant thereto; and
3. Other necessary actions related to a project including the
erection, building, acquisition, alteration, remodeling, improvement or
extension of a project, or the inspection or supervision of any item set
forth in this section.
(Added to NRS by 1997, 1821)
“Division” means the Division of
Environmental Protection of the State Department of Conservation and
Natural Resources.
(Added to NRS by 1997, 1822; A 2003, 3060 )
“Federal grant” means money
authorized by the Safe Drinking Water Act to:
1. Create a revolving fund to assist public water systems to
finance the costs of facilities needed to achieve or maintain compliance
with the Safe Drinking Water Act and regulations adopted pursuant thereto
and to protect public health; and
2. Fund set-aside programs authorized by the Safe Drinking Water
Act.
(Added to NRS by 1997, 1822)
“Project” means the initial
construction, or renovation, modification or expansion, of portions of a
public water system for:
1. The impoundment, collection, pumping, treatment, storage or
distribution of water;
2. Increasing, sustaining or reducing water pressure; or
3. The supervision, monitoring, administration, management,
operation or maintenance of the water system, including acquisition of
water rights,
Ê subject to any restrictions set forth in the Safe Drinking Water Act.
(Added to NRS by 1997, 1822)
“Public water system”
means a system, regardless of ownership, that provides the public with
water for human consumption through pipes or other constructed
conveyances, if the system has 15 or more service connections, as defined
in NRS 445A.843 , or regularly serves
25 or more persons. The term includes:
1. A facility for the collection, pumping, treatment, storage or
distribution of water which is controlled by the operator of the system
and used primarily in connection with the system; and
2. A facility for the collection or storage before treatment of
water which is not controlled by the operator of the system but is used
primarily in connection with the system.
(Added to NRS by 1997, 1822; A 1999, 1866 )
“Safe Drinking
Water Act” means 42 U.S.C. §§ 300f et seq., as amended.
(Added to NRS by 1997, 1822)
“Small water system”
means a public water system serving less than 10,000 persons.
(Added to NRS by 1997, 1822)
“State securities” means
securities of the kinds described in NRS 349.198 authorized to be issued in the name and on
behalf of the State upon the authorization of the Administrator.
(Added to NRS by 1997, 1822)
1. The Account to Finance the Construction of Projects, to be
known as the Account for the Revolving Fund, is hereby created in the
Fund for Water Projects Loans.
2. The account to fund activities, other than projects, authorized
by the Safe Drinking Water Act, to be known as the Account for Set-Aside
Programs, is hereby created in the Fund for the Municipal Bond Bank.
3. The money in the Account for the Revolving Fund and the Account
for Set-Aside Programs may be used only for the purposes set forth in the
Safe Drinking Water Act.
4. All claims against the Account for the Revolving Fund and the
Account for Set-Aside Programs must be paid as other claims against the
State are paid.
5. The faith of the State is hereby pledged that the money in the
Account for the Revolving Fund and the Account for Set-Aside Programs
will not be used for purposes other than those authorized by the Safe
Drinking Water Act.
(Added to NRS by 1997, 1823; A 1999, 21 ; A 2001, 2754 )
1. The interest and income earned on money in the Account for the
Revolving Fund and the Account for Set-Aside Programs must be credited to
the Account for the Revolving Fund and the Account for Set-Aside
Programs, respectively.
2. All payments of principal and interest on all loans made to a
public water system and all proceeds from the sale, refunding or
prepayment of obligations of a public water system acquired or loans made
in carrying out the purposes of the Account for the Revolving Fund must
be deposited in the State Treasury for credit to the Account for the
Revolving Fund.
3. The Division may accept gifts, appropriations from the State
General Fund, contributions, grants and bequests of money from any public
or private source. The money so accepted must be deposited in the State
Treasury for credit to the Account for the Revolving Fund, or the Account
for Set-Aside Programs, and can be used to provide money from the State
to match the federal grant, as required by the Safe Drinking Water Act.
4. Except as otherwise provided in subsection 5, only federal
money deposited in a separate subaccount of the Account for the Revolving
Fund, including repayments of principal and interest on loans made solely
from federal money, and interest and income earned on federal money in
the Account for the Revolving Fund, may be used to benefit public water
systems not governmentally owned.
5. In addition to the sources described in subsection 4, the
proceeds of state securities that are solely secured by and solely
payable from one or more of the sources set forth in subsection 4 may be
used to benefit public water systems not governmentally owned.
(Added to NRS by 1997, 1823)
1. The Division shall:
(a) Use the money in the Account for the Revolving Fund and the
Account for Set-Aside Programs for the purposes set forth in the Safe
Drinking Water Act.
(b) Determine whether public water systems which receive money or
other assistance from the Account for the Revolving Fund or the Account
for Set-Aside Programs comply with the Safe Drinking Water Act and
regulations adopted pursuant thereto.
2. The Division may:
(a) Prepare and enter into required agreements with the Federal
Government for the acceptance of grants of money for the Account for the
Revolving Fund and the Account for Set-Aside Programs.
(b) Bind itself to terms of the required agreements.
(c) Accept grants made pursuant to the Safe Drinking Water Act.
(d) Manage the Account for the Revolving Fund and the Account for
Set-Aside Programs in accordance with the requirements and objectives of
the Safe Drinking Water Act.
(e) Provide services relating to management and administration of
the Account for the Revolving Fund and the Account for Set-Aside
Programs, including the preparation of any agreement, plan or report.
(f) Perform, or cause to be performed by the Nevada Rural Water
Association or other persons, agencies or organizations through
interagency agreement, contract or memorandum of understanding, set-aside
programs pursuant to 42 U.S.C. § 300j-12 of the Safe Drinking Water Act.
3. The Division shall not:
(a) Commit any money in the Account for the Revolving Fund for
expenditure for the purposes set forth in NRS 445A.275 ; or
(b) Establish the priorities for determining which public water
systems will receive money or other assistance from the Account for the
Revolving Fund,
Ê without obtaining the prior approval of the Board for financing water
projects.
(Added to NRS by 1997, 1824; A 1999, 1866 )
The Commission may adopt
such regulations as are necessary to carry out the provisions of NRS
445A.200 to 445A.295 , inclusive.
(Added to NRS by 1997, 1826; A 2003, 3061 )
1. Except as otherwise provided in NRS 445A.260 and 445A.280 , money in the Account for the Revolving
Fund, including repayments of principal and interest on loans, and
interest and income earned on money in the Account for the Revolving
Fund, may be used only to:
(a) Make loans at or below the market rate to public water systems
for the construction of projects.
(b) Buy or refinance at or below the market rate the obligations of
public water systems if:
(1) The project for which the obligations were incurred
complies with the Safe Drinking Water Act and regulations adopted
pursuant thereto; and
(2) The obligations were incurred after July 1, 1993.
(c) Guarantee or purchase insurance for local obligations,
including nongovernmental debt or municipal debt, if the action would
improve access to credit or reduce the rate of interest applicable to the
obligation.
(d) Arrange for the sale of state securities, including state
securities issued to provide money from the State to match the federal
grant, as required by the Safe Drinking Water Act, if the net proceeds
from the sale of those state securities are deposited in the Account for
the Revolving Fund.
(e) Provide or guarantee loans or as a source of reserve and
security for leveraged loans, except that repayments of interest on
loans, and interest and income earned on money in the Account for the
Revolving Fund, may be used to secure the sale of state securities or
otherwise be pledged to provide money from the State to match the federal
grant, as required by the Safe Drinking Water Act.
2. Money in the Account for Set-Aside Programs may be used only to
fund set-aside programs authorized by the Safe Drinking Water Act. Money
in the Account for Set-Aside Programs may be transferred to the Account
for the Revolving Fund pursuant to the Safe Drinking Water Act.
3. A public water system which requests a loan or other financial
assistance must demonstrate that it has:
(a) Complied with the Safe Drinking Water Act and regulations
adopted pursuant thereto; or
(b) Agreed to take actions that are needed to ensure that it has
the capability to comply with the Safe Drinking Water Act and regulations
adopted pursuant thereto.
4. Funding from the Account for the Revolving Fund may not be
given to an existing public water system unless it has the technical,
managerial and financial capability to ensure compliance with the Safe
Drinking Water Act and regulations adopted pursuant thereto. A new public
water system, to receive such funding, must demonstrate that it has the
technical, managerial and financial capability to ensure compliance with
the Safe Drinking Water Act and regulations adopted pursuant thereto.
(Added to NRS by 1997, 1824)—(Substituted in revision for part of
NRS 445A.260)
1. The Administrator shall not:
(a) Spend more than 4 percent of the federal grant for a set-aside
program for administration pursuant to 42 U.S.C. § 300j-12(g)(2) of the
Safe Drinking Water Act;
(b) Spend more than 10 percent of the federal grant for a set-aside
program for activities authorized pursuant to 42 U.S.C. § 300j-12(g)(2)
of the Safe Drinking Water Act if matched equally by the State;
(c) Spend more than 2 percent of the federal grant for a set-aside
program for technical assistance to small water systems pursuant to 42
U.S.C. § 300j-12(g)(2) of the Safe Drinking Water Act; or
(d) Spend more than 15 percent of the federal grant for a set-aside
program for activities authorized pursuant to 42 U.S.C. § 300j-12(k) of
the Safe Drinking Water Act.
2. The Administrator may impose and collect a fee from each public
water system that receives a loan or other financial assistance from the
Account for the Revolving Fund or the Account for Set-Aside Programs. The
fee must be used to defray the costs of administering the Account for the
Revolving Fund or the Account for Set-Aside Programs.
3. If the Administrator imposes a fee pursuant to subsection 2,
the Commission shall adopt regulations establishing the amount of the fee
to be collected.
(Added to NRS by 1997, 1825; A 2003, 3061 )
The Administrator may
employ any legal, fiscal, engineering and other expert services necessary
to carry out his duties pursuant to NRS 445A.200 to 445A.295 , inclusive.
(Added to NRS by 1997, 1825)
1. The Legislature finds and declares that any state securities
issued pursuant to this section are necessary for the protection and
preservation of the property and natural resources of this State and for
the purpose of obtaining the benefits thereof, and their issuance
constitutes an exercise of the authority conferred by the second
paragraph of Section 3 of Article 9 of the Constitution of the State of
Nevada.
2. The Administrator may authorize the State Treasurer to issue,
sell or deliver state securities as general obligations or secured by
pledged revenue if viable to carry out the purposes of the Account for
the Revolving Fund, or to provide money from the State to match the
federal grant as required by the Safe Drinking Water Act.
3. If the Administrator authorizes the issuance of state
securities, the State Treasurer may:
(a) Sue and be sued to establish or enforce any right arising out
of a project receiving financial assistance or of any state securities
issued pursuant to this authorization;
(b) Acquire and hold municipal securities, and exercise all of the
rights of holders of those securities;
(c) Sell or otherwise dispose of municipal securities and assets
acquired in connection with those securities, unless limited by any
agreement which relates to the securities;
(d) Make contracts and execute all necessary or convenient
instruments;
(e) Accept grants of money from the Federal Government, the State,
any agency or political subdivision thereof, or any other person;
(f) Adopt financial regulations relating to projects receiving
financial assistance and the administration of those projects;
(g) Employ for himself or for any public water system, any
necessary legal, fiscal, engineering and other expert services in
connection with projects receiving financial assistance and with the
authorization, sale and issuance of state securities, and the purchase of
municipal securities or nongovernmental debt;
(h) Enter into agreements and arrangements consistent with NRS
445A.200 to 445A.295 , inclusive, concerning the authorization,
sale and issuance of state securities and the purchase of municipal
securities or nongovernmental debt;
(i) Require, as appropriate to secure a nongovernmental debt,
enhancements of credit or the pledge of any variety of collateral or
other types of security, such as corporate or personal guarantees; and
(j) Undertake other matters which he determines to be necessary or
desirable to accomplish the purposes of NRS 445A.200 to 445A.295 , inclusive.
4. The money in the Account for the Revolving Fund which is
available for the payment of the interest and installments of principal
on the state securities must be pledged as the primary source for the
payment of the state securities. The full faith and credit of the State
may be pledged as additional security for the payment of the state
securities.
(Added to NRS by 1997, 1822, 1826)
1. The Commission shall adopt such regulations as are necessary
relating to the environmental review required by the Safe Drinking Water
Act.
2. Each public water system which receives money from the Account
for the Revolving Fund shall prepare an environmental assessment which
complies with the regulations adopted by the Commission and submit it to
the Division for review.
3. The Division shall review each such assessment.
(Added to NRS by 1997, 1825; A 2003, 3061 )
WATER POLLUTION CONTROL
NRS 445A.300 to 445A.730 , inclusive, may be cited as the Nevada Water
Pollution Control Law.
(Added to NRS by 1973, 1707; A 1977, 1141)—(Substituted in revision
for NRS 445.131)
1. The Legislature finds that pollution of water in this State:
(a) Adversely affects public health and welfare;
(b) Is harmful to wildlife, fish and other aquatic life; and
(c) Impairs domestic, agricultural, industrial, recreational and
other beneficial uses of water.
2. The Legislature declares that it is the policy of this State
and the purpose of NRS 445A.300 to
445A.730 , inclusive:
(a) To maintain the quality of the waters of the State consistent
with the public health and enjoyment, the propagation and protection of
terrestrial and aquatic life, the operation of existing industries, the
pursuit of agriculture, and the economic development of the State; and
(b) To encourage and promote the use of methods of waste collection
and pollution control for all significant sources of water pollution
(including point and diffuse sources).
(Added to NRS by 1973, 1707; A 1979, 1026)—(Substituted in revision
for NRS 445.132)
As used in NRS 445A.300 to 445A.730 , inclusive, unless the context otherwise
requires, the words and terms defined in NRS 445A.315 to 445A.420 , inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 1973, 1708; A 1977, 1141; 1979, 344, 1027, 1915;
1985, 763; 1991, 1742; 1995, 1585; 2001, 956 ; 2003, 2113 )
“Administrator” means the
executive head of the Division.
(Added to NRS by 1977, 1141)
“Commission” means the State
Environmental Commission.
(Added to NRS by 1973, 1708)—(Substituted in revision for NRS
445.141)
“Contaminant” means any
physical, chemical, biological or radiological substance or matter which
is added to water.
(Added to NRS by 1985, 762)—(Substituted in revision for NRS
445.143)
“Department” means the State
Department of Conservation and Natural Resources.
(Added to NRS by 1973, 1708; A 1973, 1406; 1977, 1141)—(Substituted
in revision for NRS 445.146)
“Diffuse source” means any
source of water pollution which is diffused to the extent that it is not
readily discernible and cannot be confined to a discrete conveyance. This
term is intended to be equivalent to the term “nonpoint source” as used
in federal statutes and regulations.
(Added to NRS by 1979, 1029)—(Substituted in revision for NRS
445.147)
“Director” means the Director of
the Department or his designee.
(Added to NRS by 1973, 1708)—(Substituted in revision for NRS
445.148)
“Discharge” means any addition
of a pollutant or pollutants to water.
(Added to NRS by 1973, 1708)—(Substituted in revision for NRS
445.151)
“Division” means the Division of
Environmental Protection of the Department.
(Added to NRS by 1977, 1141)—(Substituted in revision for NRS
445.152)
“Effluent limitation”
means any applicable state and federal water quality standard or
limitation which imposes any restriction or prohibition on quantities,
rates and concentrations of chemical, physical, biological and other
constituents which are discharged from point sources into any waters of
the State.
(Added to NRS by 1973, 1708)—(Substituted in revision for NRS
445.156)
“General permit” means a
permit issued by the Department pursuant to NRS 445A.475 .
(Added to NRS by 1991, 1741)—(Substituted in revision for NRS
445.158)
“Hazardous waste” has the
meaning ascribed to it in NRS 459.430 .
(Added to NRS by 2003, 2113 )
“Individual permit,”
except as otherwise provided in NRS 445A.385 , means any permit issued by the Department
pursuant to NRS 445A.300 to 445A.730
, inclusive, that is not a general
permit.
(Added to NRS by 1991, 1741)—(Substituted in revision for NRS
445.159)
“Interstate agency”
means an agency of two or more states:
1. Established by or pursuant to an agreement or compact approved
by the Congress of the United States; or
2. Having substantial powers or duties pertaining to the control
of pollution of waters.
(Added to NRS by 1973, 1708)—(Substituted in revision for NRS
445.161)
“Municipality” means:
1. Any city, town, county, district, association or other public
body created by or pursuant to the law of this State and having
jurisdiction over disposal of sewage, industrial wastes or other wastes;
or
2. An Indian tribe or an authorized Indian tribal organization.
(Added to NRS by 1973, 1708)—(Substituted in revision for NRS
445.166)
1. “Package plant for sewage treatment” means any plant which:
(a) Consists of units or modules designed for construction,
assembly, connection and installation at the site for treatment of
sewage; and
(b) Is privately owned and will be operated to treat wastewater and
sewage for a limited area.
2. The term does not include:
(a) A plant for the treatment of domestic sewage whose capacity is
less than 5,000 gallons per day;
(b) Septic systems comprised of single or multiple septic tanks and
leach fields; or
(c) Systems operated for the pretreatment of industrial wastewater
before disposal to a publicly owned treatment plant.
(Added to NRS by 1979, 1912; A 1993, 909)—(Substituted in revision
for NRS 445.168)
“Permit” includes a general
permit, individual permit or temporary permit. The term does not include
a permit issued pursuant to NRS 445A.615 or 445A.625 .
(Added to NRS by 1991, 1741)—(Substituted in revision for NRS
445.169)
“Person” includes the United
States, to the extent authorized by federal law, the State or any agency
or institution thereof, any municipality or other political subdivision
of this State or any interstate body.
(Added to NRS by 1973, 1708; A 1985, 516)—(Substituted in revision
for NRS 445.171)
“Point source” means any
discernible, confined and discrete conveyance, including but not limited
to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure,
container, rolling stock, concentrated animal feeding operation, or
vessel or other floating craft, from which pollutants are or may be
discharged. The term does not include return flows from irrigated
agriculture.
(Added to NRS by 1973, 1708; A 1979, 1027)—(Substituted in revision
for NRS 445.176)
“Pollutant”:
1. Means dredged soil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discarded equipment, rock, sand,
cellar dirt and industrial, municipal and agricultural waste discharged
into water.
2. Does not mean water, gas or other material which is injected
into a well to facilitate production of oil or gas, or water derived in
association with oil or gas production and disposed of in a well, if the
well is used either for facilitating production or for disposal purposes
and if the Department determines that such injection or disposal will not
result in the degradation of ground or surface water resources.
3. Does not mean water, gas or other material injected into a well
or used to stimulate a reservoir of geothermal resources if the
Department determines that the injection or stimulation will not result
in the degradation of ground or surface water resources.
(Added to NRS by 1973, 1708; A 1981, 660)—(Substituted in revision
for NRS 445.178)
“Pollution” means the man-made
or man-induced alteration of the chemical, physical, biological and
radiological integrity of water.
(Added to NRS by 1973, 1709)—(Substituted in revision for NRS
445.181)
“Treatment works” means:
1. Any devices and systems used in the storage, treatment,
recycling and reclamation of municipal sewage or industrial wastes of a
liquid nature, including intercepting sewers, outfall sewers, sewage
collection systems, pumping, power and other equipment, and their
appurtenances;
2. Extensions, improvements, remodeling, additions, and
alterations of any device or system mentioned in subsection 1;
3. Units essential to provide a reliable recycled supply such as
stand-by treatment units and clear well facilities;
4. Any works, including site acquisition of the land that will be
an integral part of the treatment process or is used for ultimate
disposal of residues resulting from such treatment; and
5. Any other method or system for preventing, abating, reducing,
storing, treating, separating or disposing of municipal waste, including
storm water runoff, industrial waste or waste in combined storm water and
sanitary sewer systems.
(Added to NRS by 1973, 1709)—(Substituted in revision for NRS
445.186)
“Waters of the State”
means all waters situated wholly or partly within or bordering upon this
State, including but not limited to:
1. All streams, lakes, ponds, impounding reservoirs, marshes,
water courses, waterways, wells, springs, irrigation systems and drainage
systems; and
2. All bodies or accumulations of water, surface and underground,
natural or artificial.
(Added to NRS by 1973, 1709)—(Substituted in revision for NRS
445.191)
“Water quality
standard” means the degree of pollution of water or the physical,
chemical or biological condition of water, as expressed numerically or
descriptively, used for controlling the quality of water in each segment
of a stream and each other body of surface water in this State.
(Added to NRS by 1973, 1709; A 1979, 1027)—(Substituted in revision
for NRS 445.196)
1. Except as specifically provided in NRS 445A.625 to 445A.645 , inclusive, the Commission shall:
(a) Adopt regulations carrying out the provisions of NRS 445A.300
to 445A.730 , inclusive, including standards of water
quality and amounts of waste which may be discharged into the waters of
the State.
(b) Adopt regulations providing for the certification of
laboratories that perform analyses for the purposes of NRS 445A.300
to 445A.730 , inclusive, to detect the presence of
hazardous waste or a regulated substance in soil or water.
(c) Adopt regulations controlling the injection of fluids through a
well to prohibit those injections into underground water, if it supplies
or may reasonably be expected to supply any public water system, as
defined in NRS 445A.840 , which may
result in that system’s noncompliance with any regulation regarding
primary drinking water or may otherwise have an adverse effect on human
health.
(d) Advise, consult and cooperate with other agencies of the State,
the Federal Government, other states, interstate agencies and other
persons in furthering the provisions of NRS 445A.300 to 445A.730 , inclusive.
(e) Determine and prescribe the qualifications and duties of the
supervisors and technicians responsible for the operation and maintenance
of plants for sewage treatment.
2. The Commission may by regulation require that supervisors and
technicians responsible for the operation and maintenance of plants for
sewage treatment be certified by the Department. The regulations may
include a schedule of fees to pay the costs of certification. The
provisions of this subsection apply only to a package plant for sewage
treatment whose capacity is more than 5,000 gallons per day and to any
other plant whose capacity is more than 10,000 gallons per day.
3. In adopting regulations, standards of water quality and
effluent limitations pursuant to NRS 445A.300 to 445A.730 , inclusive, the Commission shall recognize
the historical irrigation practices in the respective river basins of
this State, the economy thereof and their effects.
4. The Commission may hold hearings, issue notices of hearings,
issue subpoenas requiring the attendance of witnesses and the production
of evidence, administer oaths and take testimony as it considers
necessary to carry out the provisions of this section and for the purpose
of reviewing standards of water quality.
5. As used in this section, “plant for sewage treatment” means any
facility for the treatment, purification or disposal of sewage.
(Added to NRS by 1973, 1709; A 1979, 1027, 1915, 1916; 1981, 81;
1985, 763; 1991, 696; 2003, 2113 )
1. Except as otherwise provided in subsection 2, any analysis
performed to detect the presence of hazardous waste or a regulated
substance in soil or water as required for the purposes of NRS 445A.300
to 445A.730 , inclusive, must be performed by a
laboratory certified pursuant to the regulations adopted pursuant to NRS
445A.425 .
2. The provisions of subsection 1 do not apply to an analysis of
waste that is managed by a facility for the management of hazardous waste.
(Added to NRS by 2003, 2113 )
1. The Commission shall provide by regulation standards for the
certification of laboratories for the analysis of water pursuant to NRS
445A.300 to 445A.730 , inclusive. An analysis required pursuant to
any provision of NRS 445A.300 to
445A.730 , inclusive, must be
performed by a certified laboratory.
2. The certifying officer shall conduct an evaluation at the site
of each laboratory to determine whether the laboratory is using the
methods of analysis required by this section in an acceptable manner,
applying procedures required by regulation for the control of quality and
making results available in a timely manner.
3. For analyses required pursuant to NRS 445A.300 to 445A.730 , inclusive, the methods of analysis must
comply with 40 C.F.R. Part 136.
4. A laboratory may be certified to perform analyses for the
presence of one or more specified contaminants, or to perform all
analyses required pursuant to NRS 445A.300 to 445A.730 , inclusive.
(Added to NRS by 1995, 1584)
1. The Commission shall prescribe a schedule of reasonable fees
for applications for permits under the provisions of NRS 445A.465 to 445A.510 , inclusive, to defray the costs of
processing applications for permits and administering the program for
reviewing applications and granting permits.
2. The Commission may establish reasonable fees for the review of
plans and specifications by the Director and for services provided by the
Division.
3. Fees collected pursuant to this section must be deposited with
the State Treasurer for credit to the appropriate account of the Division
and must be used in the administration of the program for the control of
water pollution provided for in NRS 445A.300 to 445A.730 , inclusive.
(Added to NRS by 1989, 487)—(Substituted in revision for NRS
445.203)
If a regulation which
is to be considered by the Commission provides a standard of water
quality or waste discharge, notice of the hearing on the regulation must
be published at least once in a newspaper of general circulation in the
area to which the standard, if adopted, will apply.
(Added to NRS by 1973, 1710; A 1977, 69; 1981, 81)—(Substituted in
revision for NRS 445.207)
The Department is:
1. Designated as the State Water Pollution Control Agency for this
State for all purposes of federal water pollution control legislation
except that the Commission has the exclusive power to promulgate rules
and regulations as provided in NRS 445A.425 ; and
2. Authorized to take all action necessary and appropriate to
secure all the benefits of any federal legislation provided in subsection
1.
(Added to NRS by 1973, 1710)—(Substituted in revision for NRS
445.211)
The Director shall:
1. Administer and enforce the provisions of NRS 445A.300 to 445A.730 , inclusive, all regulations adopted by the
Commission, and all orders and permits issued by the Department;
2. Examine and approve or disapprove plans and specifications for
the construction and operation of new treatment works and extensions,
modifications of or additions to new or existing treatment works;
3. Develop comprehensive plans and programs for preventing,
reducing or eliminating pollution and controlling injections through a
well to prevent the degradation of existing or potential underground
sources of drinking water, with due regard to the improvements which are
necessary to conserve waters for the protection and propagation of fish
and aquatic life, wildlife, recreational purposes, public water supply,
agricultural, industrial and other purposes; and
4. Certify all costs and expenditures for any facility, land,
building, machinery, equipment, treatment works or disposal systems which
are acquired, constructed or installed in conformity with the purposes of
NRS 445A.300 to 445A.730 , inclusive.
(Added to NRS by 1973, 1710; A 1977, 1141; 1979, 1916; 1981, 81;
1985, 764)—(Substituted in revision for NRS 445.214)
The Director may:
1. Perform any acts consistent with the requirements of state and
federal legislation concerning the control of the injection of fluids
through a well and the control of water pollution and conditions thereof
relating to participation in and administration by this State of the
National Pollutant Discharge Elimination System;
2. Advise, consult and cooperate with other agencies of the State,
the Federal Government, other states, interstate agencies and with other
persons in furthering the purposes of NRS 445A.300 to 445A.730 , inclusive;
3. Take the steps necessary to qualify for, accept and administer
loans and grants from the Federal Government and from other sources,
public or private, for carrying out any functions under NRS 445A.300
to 445A.730 , inclusive;
4. Encourage, request, participate in or conduct studies, surveys,
investigations, research, experiments, demonstrations and pilot programs
by contract, grant or other means;
5. Maintain or require supervisors and operators of treatment
plants which are privately owned or owned by a municipality or other
public entity to maintain records and devices for continuing observation
and establish or require these supervisors and operators to establish
procedures for making inspections and obtaining samples necessary to
prepare reports;
6. Collect and disseminate information to the public as he
considers advisable and necessary for the discharge of his duties under
NRS 445A.300 to 445A.730 , inclusive;
7. Hold hearings and issue subpoenas requiring the attendance of
witnesses and the production of evidence as he finds necessary to carry
out the provisions of NRS 445A.300 to
445A.730 , inclusive;
8. Exercise all incidental powers necessary to carry out the
purposes of NRS 445A.300 to 445A.730
, inclusive; and
9. Delegate to the Division any function or authority granted to
him under NRS 445A.300 to 445A.730
, inclusive.
(Added to NRS by 1985, 762)—(Substituted in revision for NRS
445.216)
1. The Director shall not be a person who receives or has during
the previous 2 years received a significant portion of his income, as
defined by any applicable state or federal law, directly or indirectly
from one or more holders of or applicants for a permit required by NRS
445A.300 to 445A.730 , inclusive.
2. The disqualification provided in this section does not apply
with respect to significant income received from any department or agency
of state government which may be a holder of or an applicant for a permit
required by NRS 445A.300 to 445A.730
, inclusive.
(Added to NRS by 1973, 1711; A 1975, 1404)—(Substituted in revision
for NRS 445.217)
1. The Administrator shall be selected with special reference to
his training, experience, capacity and interest in the field of
environmental protection and ability to administer and direct the work of
a public agency.
2. The Administrator shall not be a person who receives or has
received during the previous 2 years a significant portion of his income,
as defined by any applicable state or federal law, directly or indirectly
from one or more holders of or applicants for a permit required by NRS
445A.300 to 445A.730 , inclusive. The disqualification provided in
this subsection does not apply with respect to significant income
received from any department or agency of state government which may be a
holder of or an applicant for such a permit.
(Added to NRS by 1977, 1141)—(Substituted in revision for NRS
445.219)
1. Except as authorized by a permit issued by the Department
pursuant to the provisions of NRS 445A.300 to 445A.730 , inclusive, and regulations adopted by the
Commission, it is unlawful for any person to:
(a) Discharge from any point source any pollutant into any waters
of the State or any treatment works.
(b) Inject fluids through a well into any waters of the State.
(c) Discharge from a point source a pollutant or inject fluids
through a well that could be carried into the waters of the State by any
means.
(d) Allow a pollutant discharged from a point source or fluids
injected through a well to remain in a place where the pollutant or
fluids could be carried into the waters of the State by any means.
2. The Commission shall adopt regulations which provide a
simplified procedure for approval by the Department of permits that are
required by subsection 1 for work related to clearing and maintaining the
channel of a navigable river, including, without limitation, dredging or
filling, bank stabilization or restoration, channel clearance,
construction of irrigation diversions or the clearance of vegetation,
debris or temporary obstructions. The regulations must include a
limitation on the time allowed for the processing of an application for
such a permit to not more than 60 days after receipt by the Department of
a completed application and any required fees, unless the Administrator
determines that it is in the public interest to hold a public hearing
regarding the application and promptly notifies the applicant of that
determination.
(Added to NRS by 1973, 1711; A 1985, 765; 1991, 857, 1742, 1743;
1997, 1262)
Any regulation
concerning injections of fluids through a well or any permit issued for
the purpose of such an injection may not interfere with or impede the
injection of material into a well to facilitate production of oil or gas
or an injection to dispose of brine, water or other fluids which were
brought to the surface in connection with the production of oil or gas,
if the well is used either for facilitating production or for disposal
and if the Department determines that this injection or disposal will not
result in the degradation of underground or surface water.
(Added to NRS by 1985, 763)—(Substituted in revision for NRS
445.222)
A general
permit may be issued for a category of discharges or injections of fluids
through a well which:
1. Corresponds with an existing geographical or political boundary;
2. Involves the same or similar types of discharge or injection;
3. Requires the same limitations or conditions in a permit;
4. Requires the same or similar monitoring; or
5. In the opinion of the Department, is more appropriately
regulated by a general permit rather than an individual permit.
(Added to NRS by 1991, 1741)—(Substituted in revision for NRS
445.223)
1. The Department may require the holder of a general permit to
apply for and obtain an individual permit.
2. An individual permit may be required by the Department in any
of the following cases, without limitation:
(a) If the discharge or injection of fluids through a well is not
in compliance with the conditions of the general permit.
(b) If a change in circumstances has occurred and the general
permit is no longer applicable.
(c) If the Department determines that the discharge or injection of
fluids is a significant or potentially significant contributor of
pollutants. In making this determination, the Department may consider:
(1) The location of the discharge or injection;
(2) The size of the discharge or injection; and
(3) The quantity and nature of the pollutants discharged or
injected.
(Added to NRS by 1991, 1741)—(Substituted in revision for NRS
445.2233)
The
Department may issue a temporary permit for the discharge of pollutants
or the injection of fluids through a well. The permit is valid for not
more than 180 days.
(Added to NRS by 1991, 1741; A 1993, 2790)—(Substituted in revision
for NRS 445.2235)
No
permit may be issued which authorizes any discharge or injection of
fluids through a well into any waters of the State:
1. Of any radiological, chemical or biological warfare agent or
high-level radioactive waste;
2. Which would substantially impair anchorage and navigation in
any waters of the State;
3. Which would result in the degradation of existing or potential
underground sources of drinking water;
4. Which is inconsistent with an applicable areawide plan for
management of the treatment of waste; or
5. Which the Director determines is inconsistent with the
regulations and guidelines adopted by the Commission pursuant to NRS
445A.300 to 445A.730 , inclusive, including those relating to
standards of water quality and injections of fluids through a well.
(Added to NRS by 1973, 1711; A 1985, 766)—(Substituted in revision
for NRS 445.224)
The Department may issue
permits for fixed terms not to exceed 5 years, but a permit to operate a
package plant for sewage treatment must be reviewed annually by the
Department. In compliance with the regulations adopted by the Commission,
the Department may issue a new permit upon expiration of an existing
permit if:
1. The holder of the permit is in full or substantial compliance
with all the requirements and schedules of compliance of the expired
permit;
2. The Department has current information on the nature and
frequency of the discharge or injection of fluids through a well by a
holder of a permit, either pursuant to the submission of new forms and
applications or pursuant to continuing observation of records and reports
submitted to the Department by the holder of the permit; and
3. The discharge or injection of fluids through a well is
consistent with applicable effluent limitations, standards of water
quality and other applicable requirements set forth in NRS 445A.300
to 445A.730 , inclusive.
(Added to NRS by 1973, 1712; A 1979, 1917; 1985, 766)—(Substituted
in revision for NRS 445.227)
1. Each permit issued by the Department must ensure compliance
with the following factors whenever applicable to the discharge or the
injection of fluids through a well for which the permit is sought:
(a) Effluent limitations;
(b) Standards of performance for new sources;
(c) Standards for pretreatment;
(d) Standards for injections of fluids through a well; and
(e) Any more stringent limitations, including any necessary to meet
or effectuate standards of water quality, standards of treatment or
schedules of compliance developed by the Department as part of a
continuing planning process or areawide plan for the management of the
treatment of waste under NRS 445A.580
or in furthering the purposes and goals of NRS 445A.300 to 445A.730 , inclusive.
2. Each permit must specify average and maximum daily or other
appropriate quantitative limitations for the level of pollutants or
contaminants in the authorized discharge or injection.
3. If an application is made to discharge from a point source into
any waters of this State which flow directly or ultimately into an
irrigation reservoir upstream from which are located urban areas in two
or more counties and if each county has a population of 50,000 or more,
the Department must give notice of the application to each city, county,
unincorporated town and irrigation district located downstream from the
point of discharge. Notice to an unincorporated town must be given to the
town board or advisory council if there is one.
(Added to NRS by 1973, 1712; A 1981, 1581; 1985, 766; 1989, 1927;
2001, 1991 )
1. A holder of a permit for a publicly owned treatment works shall
notify and supply the Department with information concerning any new or
increased introduction of pollutants into the treatment works.
2. All holders of permits issued under NRS 445A.465 to 445A.510 , inclusive, whose production increases, or
whose process modifications or facility expansion result in new or
increased discharges or injections of fluids through a well shall report
such changes by submitting a new application for a permit to the
Department.
(Added to NRS by 1973, 1712; A 1985, 767)—(Substituted in revision
for NRS 445.234)
In accordance with the
schedule of fees prescribed by the Commission, the Department shall
charge each applicant a fee for an application for a permit.
(Added to NRS by 1973, 1712; A 1985, 716; 1989, 488)—(Substituted
in revision for NRS 445.237)
If
any discharge does not comply with the provisions of NRS 445A.500 and 445A.505 , the Department shall require the permit
holder to take specific steps to comply therewith.
(Added to NRS by 1973, 1713)—(Substituted in revision for NRS
445.241)
1. The Commission shall establish water quality standards at a
level designed to protect and ensure a continuation of the designated
beneficial use or uses which the Commission has determined to be
applicable to each stream segment or other body of surface water in the
State.
2. The Commission shall base its water quality standards on water
quality criteria which numerically or descriptively define the conditions
necessary to maintain the designated beneficial use or uses of the water.
The water quality standards must reflect water quality criteria which
define the conditions necessary to support, protect and allow the
propagation of fish, shellfish and other wildlife and to provide for
recreation in and on the water if these objectives are reasonably
attainable.
3. The Commission may establish water quality standards for
individual segments of streams or for other bodies of surface water which
vary from standards based on recognized criteria if such variations are
justified by the circumstances pertaining to particular places, as
determined by biological monitoring or other appropriate studies.
(Added to NRS by 1973, 1713; A 1979, 1028)—(Substituted in revision
for NRS 445.244)
1. Effluent limitations shall be established and enforced for
point sources, including publicly owned treatment works, which require
the application of the best practicable control economically achievable.
2. In the case of a discharge into a publicly owned treatment
plant in existence on July 1, 1977, or federally approved prior to June
30, 1974, effluent limitations shall be established and enforced which
comply with applicable pretreatment requirements or are based upon
secondary treatment as federally defined.
(Added to NRS by 1973, 1713)—(Substituted in revision for NRS
445.247)
If
more stringent limitations are needed, including those necessary to meet
water quality standards, treatment standards or schedules of compliance
established pursuant to the laws of this State or any other federal law
or regulation, or are required to implement any applicable water quality
standard established by the Commission pursuant to NRS 445A.300 to 445A.730 , inclusive, such limitations shall be
established and enforced.
(Added to NRS by 1973, 1713)—(Substituted in revision for NRS
445.251)
540 to
445A.560 , inclusive. Any public
utility subject to the jurisdiction of the Public Utilities Commission of
Nevada which is providing sewerage on June 7, 1979, is exempt from the
provisions of NRS 445A.540 to
445A.560 , inclusive.
(Added to NRS by 1979, 1913; A 1987, 717; 1997, 1995)
A permit to discharge water from a package plant for
sewage treatment may not be issued unless all of the following conditions
are met:
1. Neither of the following is available:
(a) Sewerage provided by a public utility; or
(b) Sewerage provided by a municipality or other public entity.
2. The applicant fully complies with all of the conditions of NRS
445A.465 to 445A.515 , inclusive.
3. The local governing body assumes:
(a) Responsibility in case of default by the builder or developer
for the continued operation and maintenance of the plant in accordance
with all of the terms and conditions of the permit.
(b) The duty of assessing the lands served as provided in
subsection 5.
4. The applicant furnishes the local governing body sufficient
surety in the form of a bond, certificate of deposit, investment
certificate or any other form acceptable to the governing body, to ensure
the continued maintenance and operation of the plant:
(a) For 5 years following the date the plant is placed in
operation; or
(b) Until 75 percent of the lots or parcels served by the plant are
sold,
Ê whichever is later.
5. The owners of the lands to be served by the package plant for
sewage treatment record a declaration of covenants, conditions and
restrictions, which is an equitable servitude running with the land and
which must provide that each lot or parcel will be assessed by the local
governing body for its proportionate share of the cost of continued
operation and maintenance of the plant if there is a default by the
applicant or operator of the plant and a sufficient surety, as provided
in subsection 4, is not available.
6. The declaration of covenants, conditions and restrictions
recorded by the owners further provides that if the local governing body
determines that:
(a) The plant is not satisfactorily serving the needs of its users;
and
(b) Sewerage provided by a public utility or a municipality or
other public entity is reasonably available,
Ê the local governing body may require all users of a package plant for
sewage treatment to connect into the available sewers provided by a
utility or a municipality or other public entity, and each lot or parcel
will be assessed by the local governing body for its proportionate share
of the cost of connecting into those sewers. These assessments are not
subject to the jurisdiction of the Public Utilities Commission of Nevada.
7. Provision has been made for disposition of the plant and the
land on which it is situated after the local governing body requires all
users to connect into available sewers provided by a public utility or a
municipality or other public entity.
(Added to NRS by 1979, 1913; A 1987, 717; 1997, 1995)
No lien for the assessments provided by the covenants, conditions and
restrictions described in NRS 445A.540 is binding upon the property until the local
governing body, after a hearing, establishes the costs, apportions them
to each lot or parcel and records a notice of lien in the office of the
county recorder in the county in which the property is located.
(Added to NRS by 1979, 1914)—(Substituted in revision for NRS
445.2523)
1. The proceeds of any assessments upon lots or parcels must be
deposited with the treasurer of the local governing body which received
them, and they may be expended only for the following purposes:
(a) Continued maintenance and operation of the package plant for
sewage treatment;
(b) Replacement of the plant if necessary; and
(c) Payment of the costs of connection to any sewer provided by a
public utility or a municipality or other public entity that becomes
reasonably available.
2. If any surplus exists in the proceeds of assessments after all
purposes of the assessments have been fully met, the surplus must be
refunded to the persons who paid the assessments, in the proportion that
their respective assessments bear to the gross proceeds of all
assessments collected by the local governing body.
(Added to NRS by 1979, 1914)—(Substituted in revision for NRS
445.2525)
1. If the Department has found that any of the conditions of a
permit to discharge water from a package plant for sewage treatment are
being violated and has notified the holder of the permit that he must
bring the plant into compliance, but the holder of the permit has failed
to comply within a reasonable time after the date of the notice, the
local governing body may take the following actions independently of any
further action by the Department:
(a) Give written notice, by certified mail, to the owner of the
plant and the owners of the property served by the plant that if the
violation is not corrected within 30 days after the date of the notice,
the local governing body will seek a court order authorizing it to assume
control; and
(b) After the 30-day period has expired, if the plant has not been
brought into compliance, apply to the district court for an order
authorizing the local governing body to assume control of the plant and
assess the property for the continued operation and maintenance of the
plant as provided in subsection 5 of NRS 445A.540 .
2. If the local governing body determines at any time that
immediate action is necessary to protect the public health and welfare,
it may assume physical control and operation of a package plant for
sewage treatment without complying with any of the requirements set forth
in subsection 1. The local governing body may not maintain control of the
plant pursuant to this subsection for a period greater than 30 days
unless it obtains an order from the district court authorizing an
extension.
(Added to NRS by 1979, 1914)—(Substituted in revision for NRS
445.2527)
No provision of this chapter prevents:
1. A local governing body or a health district from imposing its
own conditions for approval of the operation of any package plant for
sewage treatment located within its jurisdiction, which may be more
stringent than those authorized by this chapter.
2. A local governing body from requiring the prior approval of
proposed package plants for sewage treatment by a local committee created
for this purpose.
3. A local governing body from converting connections to package
plants for sewage treatment into connections to sewers provided by a
public utility or a municipality or other public entity.
(Added to NRS by 1979, 1914)—(Substituted in revision for NRS
445.2529)
1. Any surface waters of the State whose quality is higher than
the applicable standards of water quality as of the date when those
standards become effective must be maintained in their higher quality. No
discharges of waste may be made which will result in lowering the quality
of these waters unless it has been demonstrated to the Commission that
the lower quality is justifiable because of economic or social
considerations. This subsection does not apply to normal agricultural
rotation, improvement or farming practices.
2. Any person who plans to discharge waste from any public or
private project or development which would constitute a new or increased
source of pollution to waters of the State whose quality is high shall,
as part of the initial design of the project or development, provide:
(a) If the discharge will be from a point source, the highest and
best degree of waste treatment available under the existing technology,
consistent with the best practice in the particular field under the
conditions applicable, and reasonably consistent with the economic
capability of the project or development.
(b) If the discharge will be from a diffuse source, such measures,
methods of operation or practices as are reasonably calculated or
designed to prevent, eliminate or reduce water pollution from the source,
under the circumstances pertaining to the particular place, in order to
achieve control over water pollution which is reasonably consistent with
the economic capability of the project or development.
3. This section does not limit a municipal sewage treatment plant
in disposing of its solid sludge on land if the sludge is properly spread
and incorporated into the soil.
(Added to NRS by 1979, 1029)—(Substituted in revision for NRS
445.253)
1. The Commission may prescribe controls for diffuse sources as
follows:
(a) To any diffuse source existing on July 1, 1979, if the Director
determines that the source is significantly causing or adding to water
pollution in violation of a water quality standard.
(b) To any diffuse source created after July 1, 1979, if controls
are necessary to prevent the degradation of any water of high quality in
the waters of the State.
2. The Department shall delegate, to each county or city which so
requests, other than a county to which NRS 244A.571 and 244A.573 apply or a city within such a county, the
Administration of the Department’s controls of diffuse sources, if the
Director finds that the county or city has the necessary money and staff
to administer the program effectively. If such a delegation is made both
to a county and to a city within it, the city has authority within its
corporate limits and the county has authority outside those limits.
(Added to NRS by 1979, 1029)—(Substituted in revision for NRS
445.2533)
It is unlawful
to discharge any radiological, chemical or biological warfare agent or
high-level radioactive waste into any waters of the State.
(Added to NRS by 1973, 1713)—(Substituted in revision for NRS
445.254)
The Department shall
establish a continuing planning process consistent with all applicable
federal requirements which results in plans for all waters of the State
and includes:
1. Adequate effluent limitations and schedules of compliance;
2. The incorporation of all elements of any applicable areawide
plans for management of waste and plans for basins under NRS 445A.300
to 445A.730 , inclusive;
3. Total maximum daily load for pollutants and contaminants;
4. Procedures for revision of the plans;
5. Adequate authority for intergovernmental cooperation;
6. Adequate implementation, including schedules of compliance, for
revised or new standards of water quality;
7. Controls over the disposition of all residual waste from any
treatment of water;
8. An inventory and ranking, in order of priority, of needs for
construction of treatment works; and
9. Controls over the injection of fluids through a well to prevent
the degradation of underground water.
(Added to NRS by 1973, 1713; A 1985, 767)—(Substituted in revision
for NRS 445.257)
A person shall not begin the construction of any treatment works without
a permit issued by the Department.
(Added to NRS by 1973, 1714; A 1981, 1582)—(Substituted in revision
for NRS 445.261)
1. The Department shall notify each interested person and
appropriate governmental agency of each complete application for a
permit, and shall provide them an opportunity to submit their written
views and recommendations thereon. The provisions of this subsection do
not apply to an application for a temporary permit issued pursuant to NRS
445A.485 .
2. Notification must be in the manner provided in the regulations
adopted by the Commission pursuant to applicable federal law.
3. If the treatment works are to discharge into any waters of this
State which flow directly or ultimately into an irrigation reservoir
upstream from which are located urban areas in two or more counties and
if each county has a population of 50,000 or more, the Department must
include in its notification each city, county, unincorporated town and
irrigation district located downstream from the point of discharge.
Notice to an unincorporated town must be given to the town board or
advisory council if there is one.
(Added to NRS by 1973, 1714; A 1981, 1582; 1989, 1927; 1991, 1742;
2001, 1991 )
The Commission shall provide by regulation:
1. An opportunity for each permit applicant, interested agency,
city, county or irrigation district located downstream from the point of
discharge, or any person to request a public hearing conducted by the
Director with respect to each permit application; and
2. For public notice of the hearing, at least 30 days before the
date of the hearing.
Ê The provisions of this section do not apply to an application for a
temporary permit issued pursuant to NRS 445A.485 .
(Added to NRS by 1973, 1714; A 1977, 69; 1981, 1582; 1991,
1742)—(Substituted in revision for NRS 445.267)
1. Any permit issued under NRS 445A.495 to 445A.510 , inclusive, may be revoked, modified or
suspended in whole or in part during its term for cause including but not
limited to the following:
(a) Violating any terms or conditions of the permit;
(b) Obtaining a permit by misrepresentation or failure to disclose
fully all relevant facts; or
(c) A change in conditions, or the existence of a condition, which
requires either a temporary or permanent reduction or an elimination of
the permitted activity.
Ê Any such revocation, modification or suspension is effective no later
than 30 days after the permit holder receives written notice, issued by
the Director, of the facts or conduct warranting such action.
2. Any permit issued under NRS 445A.495 to 445A.510 , inclusive, may be modified by the Director
during its term if the permit holder petitions the Director requesting a
modification.
(Added to NRS by 1973, 1714; A 1977, 796)—(Substituted in revision
for NRS 445.271)
1. Any person aggrieved by:
(a) The issuance, denial, renewal, suspension or revocation of a
permit; or
(b) The issuance, modification or rescission of any other order,
Ê by the Director may appeal to the Commission.
2. The Commission shall affirm, modify or reverse any action of
the Director which is appealed to it.
(Added to NRS by 1973, 1714; A 1979, 1028)—(Substituted in revision
for NRS 445.274)
1. Within 20 days after receipt of the notice of appeal provided
for in NRS 445A.605 , the Commission
shall hold a hearing.
2. Notice of the hearing shall be given to all affected parties no
less than 5 days prior to the date set for the hearing.
3. The Commission may sit en banc or in panels of three or more to
conduct hearings.
4. The attendance of witnesses and the production of documents may
be subpoenaed by the Commission at the request of any party. Witnesses
shall receive the fees and mileage allowed witnesses in civil cases.
Costs of subpoenas shall be taxed against the requesting party.
5. All testimony shall be given under oath, and recorded verbatim
by human or electronic means.
6. Costs of transcribing proceedings of the Commission shall be
taxed against the requesting party.
(Added to NRS by 1973, 1714)—(Substituted in revision for NRS
445.277)
1. The Director may issue a permit to the Department of Wildlife
to kill fish through the use of toxicants.
2. The permit must indicate the terms and conditions under which
the use of toxicants may take place.
(Added to NRS by 1973, 1715; A 1979, 910; 1987, 563; 1993, 1622;
2003, 1564 )
1. The Director may grant, deny or waive, in compliance with
regulations prescribed by the Commission, certification of an applicant
with respect to facilities or activities within the State for which a
federal license or permit is required.
2. No action may be taken by the Director until there has been
public notice and an opportunity for a public hearing.
(Added to NRS by 1973, 1715)—(Substituted in revision for NRS
445.284)
The Department may
issue, pursuant to NRS 445A.630 ,
445A.635 and 445A.640 , a written permit to an applicant for that
person to discharge, deposit, generate or dispose of any radioactive or
hazardous waste.
(Added to NRS by 1973, 1715; A 1995, 1037; 2003, 2114 )
1. The Department may include in any permit issued pursuant to NRS
445A.625 , such reasonable terms and
conditions as are from time to time required for the purposes of NRS
445A.300 to 445A.730 , inclusive.
2. The terms or conditions which may be imposed include, without
limitation:
(a) Duration of use or operation;
(b) Monitoring or reporting the volume of discharge or disposal; and
(c) Treatment of wastes.
(Added to NRS by 1973, 1715)—(Substituted in revision for NRS
445.291)
The permit holder shall, as a condition of receiving a
permit, deposit with the State Treasurer a bond, with or without surety
as the Department may in its discretion require, or other security to
assure that the permitted activities will be conducted in compliance with
the terms and conditions of the permit and that upon abandonment,
cessation or interruption of the permitted activities or facilities,
appropriate measures will be taken to protect the waters of the State.
(Added to NRS by 1973, 1715)—(Substituted in revision for NRS
445.294)
No permit issued pursuant
to NRS 445A.625 relieves any person
of any duty or liability to the State or to any other person existing or
arising under any statute or under common law.
(Added to NRS by 1973, 1715)—(Substituted in revision for NRS
445.297)
1. Any person who violates the provisions of NRS 445A.625 to 445A.645 , inclusive, or the terms and conditions
specified in a permit issued under NRS 445A.625 to 445A.645 , inclusive, is guilty of a gross misdemeanor.
2. Each day of violation is a separate offense.
(Added to NRS by 1973, 1715)—(Substituted in revision for NRS
445.301)
Any municipality may, with respect to any
sewage collection, treatment or disposal facilities or projects:
1. Provide through the establishment and collection of rates, fees
and charges for payment to that municipality by the industrial users of
the sewage treatment works of that facility or project of the portion of
any federal share of the cost of construction of those works allocable to
the treatment of industrial waste in accordance with section 204(b)(1)(B)
of the Federal Water Pollution Control Act Amendments of 1972 (33 U.S.C.
§ 1284(b)(1)(B)), as amended from time to time.
2. After notice of noncompliance and an opportunity for a public
hearing, refuse to receive any sewage, liquid waste, solid waste,
industrial waste, night soil or any other waste from any other
municipality which fails to comply with any provision of an approved plan
for areawide waste treatment management prepared pursuant to section 208
of the Federal Water Pollution Control Act Amendments of 1972 (33 U.S.C.
§ 1288), as amended from time to time.
(Added to NRS by 1979, 343)—(Substituted in revision for NRS
445.303)
To enforce the
provisions of NRS 445A.300 to
445A.730 , inclusive, or any
regulation, order or permit issued thereunder, the Director or authorized
representative of the Department may, upon presenting proper credentials:
1. Enter any premises in which any act violating NRS 445A.300
to 445A.730 , inclusive, originates or takes place or in
which any required records are required to be maintained;
2. At reasonable times, have access to and copy any records
required to be maintained;
3. Inspect any equipment or method for continuing observation; and
4. Have access to and sample any discharges or injection of fluids
into waters of the State which result directly or indirectly from
activities of the owner or operator of the premises where the discharge
originates or takes place or the injection of fluids through a well takes
place.
(Added to NRS by 1973, 1715; A 1985, 768)—(Substituted in revision
for NRS 445.304)
The Commission may by regulation, and the Department may by order or
permit, require any person injecting or causing an injection of fluids
through a well or the owner or operator of any source of a discharge into
waters of the State or into treatment works to:
1. Establish and maintain such records;
2. Make such reports;
3. Install, calibrate, use and maintain such equipment or methods
for continuing observation, including where appropriate, biological
methods for continuing observation;
4. Sample such discharges or injections of fluids in accordance
with such methods, at such locations, at such intervals and in such
manner; and
5. Provide such other information relating to injections or
discharges into waters of the State,
Ê as the Director prescribes or as is necessary to determine the
existence, nature and frequency of any injections through a well or any
discharges into waters of the State or into treatment works.
(Added to NRS by 1973, 1716; A 1985, 768)—(Substituted in revision
for NRS 445.307)
1. Any records, reports or information obtained under NRS 445A.300
to 445A.730 , inclusive, must be available to the public
for inspection and copying unless the Director considers the record,
report or information or part thereof as confidential on a satisfactory
showing that the information contained therein, other than information
describing a discharge into the waters of the State or injection of
contaminants through a well, is entitled to protection as a trade secret
of the informant.
2. Any record, report or information treated as confidential may
be disclosed or transmitted to other officers, employees or authorized
representatives of this State or the United States who:
(a) Carry out the provisions of NRS 445A.300 to 445A.730 , inclusive; or
(b) Consider the information relevant in any proceeding under NRS
445A.300 to 445A.730 , inclusive, and the information is
admissible under the rules of evidence.
(Added to NRS by 1973, 1716; A 1985, 769)—(Substituted in revision
for NRS 445.311)
The
Attorney General shall serve as legal counsel for the Commission and the
Department and shall, at the request of the Director, assist in the
enforcement of the provisions of NRS 445A.300 to 445A.730 , inclusive.
(Added to NRS by 1973, 1716)—(Substituted in revision for NRS
445.314)
1. Except as otherwise provided in NRS 445A.707 , if the Director finds that any person is
engaged or is about to engage in any act or practice which violates any
provision of NRS 445A.300 to 445A.730
, inclusive, any standard or other
regulation adopted by the Commission pursuant to those sections, or any
permit issued by the Department pursuant to those sections, except for
any violation of a provision concerning a diffuse source, the Director
may:
(a) Issue an order pursuant to NRS 445A.690 ;
(b) Commence a civil action pursuant to NRS 445A.695 or 445A.700 ; or
(c) Request that the Attorney General institute by indictment or
information a criminal prosecution pursuant to NRS 445A.705 and 445A.710 .
2. The remedies and sanctions specified in subsection 1 are
cumulative, and the institution of any proceeding or action seeking any
one of the remedies or sanctions does not bar any simultaneous or
subsequent action or proceeding seeking any other of the remedies or
sanctions.
(Added to NRS by 1973, 1716; A 1979, 1028; 2001, 956 )
Except as
otherwise provided in NRS 445A.707 ,
if the Director finds that any person is engaged or about to engage in
any act or practice which violates any provision of NRS 445A.565 and 445A.570 , or any standard or other regulation adopted
pursuant thereto, with respect to a diffuse source, the Director may:
1. Issue an order:
(a) Specifying the provision or provisions of NRS 445A.300 to 445A.730 , inclusive, or the regulation or order
alleged to be violated or about to be violated;
(b) Indicating the facts alleged which constitute a violation
thereof; and
(c) Prescribing the necessary corrective action to be taken and a
reasonable period for completing that corrective action,
Ê but no civil or criminal penalty may be imposed for failure to obey the
order.
2. If the corrective action is not taken or completed, or without
first issuing an order, commence a civil action pursuant to NRS 445A.695
.
(Added to NRS by 1979, 1030; A 2001, 957 )
No remedy or sanction provided for in NRS 445A.300 to 445A.730 , inclusive, impairs any right which the
Director or any person has under any statute or common law.
(Added to NRS by 1973, 1717)—(Substituted in revision for NRS
445.321)
1. Except as otherwise provided in NRS 445A.707 , if the Director finds that any person is
engaged or is about to engage in any act or practice which constitutes or
will constitute a violation of any provision of NRS 445A.300 to 445A.730 , inclusive, or of any rule, regulation or
standard promulgated by the Commission, or of any permit or order issued
by the Department pursuant to NRS 445A.300 to 445A.730 , inclusive, the Director may issue an order:
(a) Specifying the provision or provisions of NRS 445A.300 to 445A.730 , inclusive, or the regulation or order
alleged to be violated or about to be violated;
(b) Indicating the facts alleged which constitute a violation
thereof; and
(c) Prescribing the necessary corrective action to be taken and a
reasonable period for completing that corrective action.
2. Any compliance order is final and is not subject to review
unless the person against whom the order is issued, within 30 days after
the date on which the order is served, requests by written petition a
hearing before the Commission.
(Added to NRS by 1973, 1717; A 2001, 957 )
1. Except as otherwise provided in NRS 445A.707 , the Director may seek injunctive relief in
the appropriate court to prevent the continuance or occurrence of any act
or practice which violates any provision of NRS 445A.300 to 445A.730 , inclusive, or any permit, rule, regulation
or order issued pursuant thereto.
2. On a showing by the Director that a person is engaged, or is
about to engage, in any act or any practice which violates or will
violate any of the provisions of NRS 445A.300 to 445A.730 , inclusive, or any rule, regulation,
standard, permit or order issued pursuant to those provisions, the court
may issue, without bond, any prohibitory and mandatory injunctions that
the facts may warrant, including temporary restraining orders issued ex
parte or, after notice and hearing, preliminary injunctions or permanent
injunctions.
3. Failure to establish lack of an adequate remedy at law or
irreparable harm is not a ground for denying a request for a temporary
restraining order or injunction.
4. The court may require the posting of a sufficient performance
bond or other security to ensure compliance with the court order within
the period prescribed.
(Added to NRS by 1973, 1717; A 2001, 957 )
1. Except as otherwise provided in NRS 445C.010 to 445C.120 , inclusive, a person who violates or aids or
abets in the violation of any provision of NRS 445A.300 to 445A.730 , inclusive, or of any permit, regulation,
standard or final order issued thereunder, except a provision concerning
a diffuse source, shall pay a civil penalty of not more than $25,000 for
each day of the violation. The civil penalty imposed by this subsection
is in addition to any other penalties provided pursuant to NRS 445A.300
to 445A.730 , inclusive.
2. Except as otherwise provided in NRS 445C.010 to 445C.120 , inclusive, in addition to the penalty
provided in subsection 1, the Department may recover from the person
actual damages to the State resulting from the violation of NRS 445A.300
to 445A.730 , inclusive, any regulation or standard
adopted by the Commission, or permit or final order issued by the
Department, except the violation of a provision concerning a diffuse
source.
3. Damages may include:
(a) Any expenses incurred in removing, correcting and terminating
any adverse effects resulting from a discharge or the injection of
contaminants through a well; and
(b) Compensation for any loss or destruction of wildlife, fish or
aquatic life.
(Added to NRS by 1973, 1717; A 1979, 1030; 1985, 769; 1987, 174;
1997, 1080)
1. Except as otherwise provided in NRS 445A.710 or unless a greater penalty is prescribed by
NRS 459.600 , a person who intentionally
or with criminal negligence violates NRS 445A.465 or 445A.575 , any limitation established pursuant to NRS
445A.525 and 445A.530 , the terms or conditions of a permit issued
pursuant to NRS 445A.495 to 445A.515
, inclusive, or any final order issued
under NRS 445A.690 , except a final
order concerning a diffuse source, is guilty of a gross misdemeanor and
shall be punished by a fine of not more than $25,000 for each day of the
violation or by imprisonment in the county jail for not more than 1 year,
or by both fine and imprisonment.
2. If the conviction is for a second violation of the provisions
indicated in subsection 1, the person is guilty of a category D felony
and shall be punished as provided in NRS 193.130 .
3. The penalties imposed by subsections 1 and 2 are in addition to
any other penalties, civil or criminal, provided pursuant to NRS 445A.300
to 445A.730 , inclusive.
(Added to NRS by 1973, 1718; A 1979, 1031; 1987, 174; 1991, 829;
1995, 1279)—(Substituted in revision for NRS 445.334)
1. Except as otherwise provided in subsection 2, before
determining whether to issue an order, commence a civil action, seek
injunctive relief or request that the Attorney General institute a
criminal prosecution pursuant to NRS 445A.675 , 445A.680 , 445A.690 or 445A.695 , the Director shall, if possible, conduct an
independent investigation of the alleged act or practice for which he is
making the determination.
2. The Director is not required to conduct an independent
investigation pursuant to subsection 1 if:
(a) His determination to take any action specified in that
subsection is based on information that is provided to him by the holder
of a permit issued pursuant to NRS 445A.300 to 445A.730 , inclusive; or
(b) The alleged act or practice:
(1) Occurs on land that is managed or controlled by the
United States Department of Defense or Department of Energy; or
(2) Creates an imminent and substantial danger to the public
health or the environment.
(Added to NRS by 2001, 956 )
1. Any person who knowingly makes any false statement,
representation, or certification in any application, record, report, plan
or other document filed or required to be maintained by the provisions of
NRS 445A.300 to 445A.730 , inclusive, or by any permit, rule,
regulation or order issued pursuant thereto, or who falsifies, tampers
with or knowingly renders inaccurate any monitoring device or method
required to be maintained under the provisions of NRS 445A.300 to 445A.730 , inclusive, or by any permit, rule,
regulation or order issued pursuant thereto, is guilty of a gross
misdemeanor and shall be punished by a fine of not more than $10,000 or
by imprisonment in the county jail for not more than 1 year, or by both
fine and imprisonment.
2. The penalty imposed by subsection 1 is in addition to any other
penalties, civil or criminal, provided pursuant to NRS 445A.300 to 445A.730 , inclusive.
(Added to NRS by 1973, 1718)—(Substituted in revision for NRS
445.337)
Hearings
initiated pursuant to NRS 445A.300 to
445A.730 , inclusive, shall be held
before the Commission and comply with the provisions of such rules and
regulations as the Commission may prescribe.
(Added to NRS by 1973, 1718)—(Substituted in revision for NRS
445.341)
The Department has the final authority in
the administration of water pollution prevention, abatement and control.
No other department or agency of the State and no municipal corporation,
county or other political subdivision having jurisdiction over water
pollution prevention, abatement and control may permit, under authority
of such jurisdiction, the discharge of wastes into the waters of the
State which would result in the pollution of any of such waters in excess
of any water quality standard promulgated by the Commission.
(Added to NRS by 1973, 1718)—(Substituted in revision for NRS
445.344)
Nothing in
NRS 445A.300 to 445A.730 , inclusive, shall be construed to amend,
modify or supersede the provisions of title 48 of NRS or any rule,
regulation or order promulgated or issued thereunder by the State
Engineer.
(Added to NRS by 1973, 1719)—(Substituted in revision for NRS
445.351)
All
rules, regulations and standards promulgated by the State Commission of
Environmental Protection and the State Board of Health pertaining to
water pollution control in force on July 1, 1973, shall remain in effect
until such time as revised by the State Environmental Commission pursuant
to NRS 445A.300 to 445A.730 , inclusive.
(Added to NRS by 1973, 1719)—(Substituted in revision for NRS
445.354)
PUBLIC WATER SYSTEMS
It is the policy of
this State to provide for water which is safe for drinking and other
domestic purposes and thereby promote the public health and welfare.
(Added to NRS by 1977, 442)—(Substituted in revision for NRS
445.361)
As used in NRS 445A.800 to 445A.955 , inclusive, unless the context otherwise
requires, the words and terms defined in NRS 445A.807 to 445A.850 , inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 1977, 443; A 1991, 403, 614; 1995, 1585; 1999,
1867 ; 2005, 551 )
“Capability” has the meaning
ascribed to the term “capacity” in 43 U.S.C. §§ 300g-9 and 300j-12.
(Added to NRS by 1999, 1864 )
“Commission” means the State
Environmental Commission.
(Added to NRS by 2005, 551 )
“Community water
system” means a public water system that:
1. Has at least 15 service connections used by year-round
residents of the area served by the system; or
2. Regularly serves at least 25 year-round residents of the area
served by the system.
(Added to NRS by 1999, 1865 )
“Contaminant” means any
physical, chemical, biological, radiological or other substance which can
cause or transmit infectious disease, chemical poisoning, chronic disease
or other impairment to man.
(Added to NRS by 1977, 443)—(Substituted in revision for NRS
445.366)
“District board
of health” means a district board of health created pursuant to NRS
439.362 or 439.370 .
(Added to NRS by 2005, 551 )
“Division” means the Division of
Environmental Protection of the State Department of Conservation and
Natural Resources.
(Added to NRS by 2005, 551 )
“Federal Act” means the Safe
Drinking Water Act, 42 U.S.C. §§ 300f et seq., as amended.
(Added to NRS by 1977, 443; A 1999, 1867 )
“Financial
capability” means the ability of a public water system to:
1. Pay the costs related to maintenance, operations, depreciation
and capital expenses;
2. Maintain creditworthiness; and
3. Establish and maintain adequate fiscal controls and accounting
methods required for the operation of the system.
(Added to NRS by 1999, 1865 )
Repealed. (See chapter
171, Statutes of Nevada 2005, at page 562 .)
Repealed. (See chapter
171, Statutes of Nevada 2005, at page 562 .)
“Managerial
capability” means the ability of a public water system to conduct its
administrative affairs in a manner that ensures compliance with all
applicable standards based on:
1. The accountability, responsibility and authority of the owner
or operator of the system;
2. The personnel and organization of the system; and
3. The ability of the persons who manage the system to work with:
(a) Jurisdictional, regulatory and other governmental agencies;
(b) Trade and industry organizations; and
(c) The persons served by the system.
(Added to NRS by 1999, 1865 )
“Noncommunity
water system” means a public water system that is not a community water
system.
(Added to NRS by 1999, 1865 )
“Nontransient
water system” means a noncommunity water system that regularly serves at
least 25 of the same persons for more than 6 months per year.
(Added to NRS by 1999, 1865 )
“Operator” means a person
regularly in charge of the day-to-day operations of a public water system.
(Added to NRS by 1991, 613)—(Substituted in revision for NRS
445.372)
“Person” includes the State of
Nevada, any political subdivision of this or another state, and any
agency of the United States.
(Added to NRS by 1977, 443)—(Substituted in revision for NRS
445.373)
“Public utility” has the
meaning ascribed to it in NRS 704.020 .
(Added to NRS by 1999, 1865 )
“Public water system”
has the meaning ascribed to it in NRS 445A.235 .
(Added to NRS by 1977, 443; A 1999, 1867 )
1. “Service connection” means:
(a) The point of connection between a public water system and the
system used by a customer of the public water system to obtain water from
that system, at which point the public water system loses its control
over the use of the water;
(b) If a meter is installed between a public water system and the
system used by a customer of the public water system to obtain water from
that system, the downstream end of the meter or meter assembly; or
(c) At a park for mobile homes or recreational vehicles, the point
of connection of the mobile home or recreational vehicle to the riser for
water service of the public water system that serves the park.
2. The term does not include a connection to a system that
delivers water which is exempted pursuant to 42 U.S.C. § 300f(4)(B).
(Added to NRS by 1999, 1865 )
“Supplier of water”
means a person who owns, controls or operates a public water system.
(Added to NRS by 1977, 443)—(Substituted in revision for NRS
445.377)
“Technical
capability” means the ability of a public water system to:
1. Obtain an adequate and reliable source of water that is
necessary to provide the quantity and quality of water required by the
system;
2. Establish and maintain an adequate infrastructure for the
treatment, storage and distribution of the quantity and quality of water
required by the system; and
3. Employ operators who have the technical knowledge and ability
to operate the system.
(Added to NRS by 1999, 1865 )
“Transient water
system” means a noncommunity water system that does not regularly serve
at least 25 of the same persons for more than 6 months per year.
(Added to NRS by 1999, 1866 )
“Water system” means any
privately owned public water system which serves at least 15 service
connections that are used by residents throughout the year or regularly
serves at least 25 residents throughout the year. The term does not
include a public utility which serves more than 25,000 persons.
(Added to NRS by 1991, 401)—(Substituted in revision for NRS
445.378)
The Commission shall adopt by regulation:
1. Primary drinking water standards which prescribe the maximum
permissible levels for contaminants in any public water system and
provide for the monitoring and reporting of water quality. In
establishing the standards, the Commission shall consider, among other
things, the standards established pursuant to the Federal Act.
2. Secondary drinking water standards which reasonably ensure that
drinking water is aesthetically adequate.
(Added to NRS by 1977, 443; A 1981, 1900; 2005, 551 )
In addition to
the regulations required to be adopted pursuant to NRS 445A.880 , the Commission:
1. Shall adopt regulations establishing procedures for a system of
permits to operate water systems which are constructed on or after July
1, 1991.
2. May adopt such other regulations as may be necessary to govern
the construction, operation and maintenance of public water systems if
those activities affect the quality of water, but the regulations do not
supersede any regulation of the Public Utilities Commission of Nevada.
3. May establish by regulation a system for the issuance of
operating permits for suppliers of water and set a reasonable date after
which a person shall not operate a public water system constructed before
July 1, 1991, without possessing a permit issued by the Division or the
appropriate district board of health.
4. May adopt such other regulations as may be necessary to ensure
that a community water system or nontransient water system that commences
operation on or after October 1, 1999, demonstrates the technical
capability, managerial capability and financial capability to comply with
40 C.F.R. Part 141, but the regulations do not supersede any regulation
of the Public Utilities Commission of Nevada or the authority of the
Public Utilities Commission of Nevada or other state agencies or local
governing bodies to issue permits or certificates of authority for
suppliers of water.
5. May adopt such other regulations as may be necessary to
evaluate the technical capability, managerial capability and financial
capability of a community water system or nontransient water system that
commenced operation before October 1, 1999, to comply with 40 C.F.R. Part
141, but the regulations do not supersede any regulation of the Public
Utilities Commission of Nevada or the authority of the Public Utilities
Commission of Nevada or other state agencies or local governing bodies to
issue permits or certificates of authority for suppliers of water.
6. May adopt such other regulations as may be necessary to carry
out the provisions of NRS 445A.800 to
445A.955 , inclusive.
(Added to NRS by 1977, 443; A 1985, 336; 1991, 403, 614; 1997,
1996; 1999, 1867 ; 2005, 551 )
1. The Commission shall provide by regulation standards for the
certification of laboratories for the analysis of water pursuant to NRS
445A.800 to 445A.955 , inclusive. An analysis required pursuant to
any provision of NRS 445A.800 to
445A.955 , inclusive, or required by a
lender as a condition precedent to the transfer of real property must be
performed by a laboratory that is certified in accordance with the
standards adopted by the Commission pursuant to this subsection.
2. The certifying officer shall conduct an evaluation at the site
of each laboratory to determine whether the laboratory is using the
methods of analysis required by this section in an acceptable manner,
applying procedures required by regulation for the control of quality and
making results available in a timely manner.
3. For analyses required pursuant to NRS 445A.800 to 445A.955 , inclusive, or by a lender as a condition
precedent to the transfer of real property, the methods used must comply
with the Federal Act.
4. A laboratory may be certified to perform analyses for the
presence of one or more specified contaminants or to perform all analyses
required pursuant to NRS 445A.800 to
445A.955 , inclusive.
(Added to NRS by 1995, 1585; A 1999, 1133 , 1868 ; 2001, 74 ; 2005, 552 )
To carry out the provisions and purposes of NRS 445A.800
to 445A.955 , inclusive, the Commission may:
1. Through the Administrator of the Division:
(a) Enter into agreements, contracts or cooperative arrangements
with other state agencies, federal or interstate agencies,
municipalities, local health departments, educational institutions or
other organizations or persons.
(b) Accept financial and technical assistance from the Federal
Government, other public agencies or private contributors.
2. Hold hearings and issue subpoenas requiring the attendance of
witnesses and the production of evidence.
(Added to NRS by 1977, 443; A 1981, 82; 1983, 837; 2005, 552 )
1. The Commission may appoint an advisory board to act in an
advisory capacity in matters relating to the certification of operators
of community water systems or noncommunity water systems.
2. If such an advisory board is appointed:
(a) At least one member of the advisory board must be a member of
the American Water Works Association.
(b) At least one member of the advisory board must be a member of
the Nevada Rural Water Association or its successor organization.
(c) One member of the advisory board may represent the general
public.
3. Each member of the advisory board serves without compensation.
While engaged in the business of the advisory board, each member of the
advisory board is entitled to receive the per diem allowance and travel
expenses provided for state officers and employees generally, to the
extent that money is made available for that purpose.
(Added to NRS by 1991, 613; A 1999, 1868 ; 2005, 552 )
1. Except as otherwise provided in subsection 2, a person shall
not act as an operator of a community water system or noncommunity water
system unless he has obtained a certificate to operate such a water
system from the Division.
2. An operator of a transient water system is not required to
obtain a certificate to operate a noncommunity water system if the system
is designated by the Division as being supplied by groundwater that is
not under the direct influence of surface water.
3. An operator may be certified to operate more than one community
water system or noncommunity water system.
4. This section does not require a certified operator to be on
site at a community water system or noncommunity water system during all
hours of operation.
(Added to NRS by 1991, 613; A 1999, 1868 ; 2005, 553 )
1. The Commission shall adopt regulations to establish:
(a) A system of classification of operators of community water
systems and noncommunity water systems who are required to be certified
pursuant to NRS 445A.875 ;
(b) Requirements for certification for each class of operator;
(c) Reasonable fees for issuing and renewing certificates; and
(d) Requirements for continuing education for the renewal of a
certificate.
2. The fees so collected must only be used to:
(a) Defray the cost of issuing and renewing certificates; and
(b) Pay any expenses incurred by the Division in carrying out its
duties relating to operators of community water systems and noncommunity
water systems.
3. The Division shall establish and administer examinations to
determine the eligibility of any person who applies for certification. An
applicant is entitled to certification upon satisfaction of the
requirements of the Commission and payment of the applicable fee. The
Division may enter into a contract with the American Water Works
Association or another person, organization or agency to carry out or
assist the Division in carrying out the provisions of this subsection.
4. The Division may grant such certification, without examination,
to an applicant who holds current certification by the California/Nevada
section of the American Water Works Association or by another
organization whose requirements for certification are equivalent to the
requirements for certification established by the Commission pursuant to
subsection 1.
(Added to NRS by 1991, 614; A 1999, 1869 ; 2005, 553 )
1. Except as otherwise provided in subsection 2, no water system
which is constructed on or after July 1, 1991, may operate unless the
owner of the water system receives a permit to operate the water system
from the Division or the district board of health designated by the
Commission. The owner of such a water system is entitled to a permit to
operate the water system upon satisfaction of the requirements set forth
in NRS 445A.885 to 445A.915 , inclusive, and the requirements set forth
in the regulations adopted by the Commission pursuant to NRS 445A.860
.
2. Subsection 1 does not apply to the expansion of a public
utility.
(Added to NRS by 1991, 401; A 2005, 554 )
Before making the finding specified in NRS
445A.910 and before making the
determinations specified in NRS 244.3655 , 268.4102
and 445A.895 , the Division shall
request comments from the:
1. Public Utilities Commission of Nevada;
2. State Engineer;
3. Local government within whose jurisdiction the water system is
located; and
4. Owner of the water system.
(Added to NRS by 1991, 401; A 1997, 1996; 2005, 554 )
A permit to operate a water system may not be
issued pursuant to NRS 445A.885
unless all of the following conditions are met:
1. Neither water provided by a public utility nor water provided
by a municipality or other public entity is available to the persons to
be served by the water system.
2. The applicant fully complies with all of the conditions of NRS
445A.885 to 445A.915 , inclusive.
3. The applicant submits to the Division or the district board of
health designated by the Commission documentation issued by the State
Engineer which sets forth that the applicant holds water rights that are
sufficient to operate the water system.
4. The local governing body assumes:
(a) Responsibility in case of default by the builder or developer
of the water system for its continued operation and maintenance in
accordance with all the terms and conditions of the permit.
(b) The duty of assessing the lands served as provided in
subsection 6.
5. The applicant furnishes the local governing body sufficient
surety, in the form of a bond, certificate of deposit, investment
certificate or any other form acceptable to the governing body, to ensure
the continued maintenance and operation of the water system:
(a) For 5 years following the date the system is placed in
operation; or
(b) Until 75 percent of the lots or parcels served by the system
are sold,
Ê whichever is later.
6. The owners of the lands to be served by the water system record
a declaration of covenants, conditions and restrictions which is an
equitable servitude running with the land and which must provide that
each lot or parcel will be assessed by the local governing body for its
proportionate share of the cost of continued operation and maintenance of
the water system if there is a default by the applicant or operator of
the water system and a sufficient surety, as provided in subsection 5, is
not available.
7. If the water system uses or stores ozone, the portion of the
system where ozone is used or stored must be constructed not less than
100 feet from any existing residence, unless the owner and occupant of
each residence located closer than 100 feet consent to the construction
of the system at a closer distance.
8. The declaration of covenants, conditions and restrictions
recorded by the owners of the lands further provides that if the Division
determines that:
(a) The water system is not satisfactorily serving the needs of its
users; and
(b) Water provided by a public utility or a municipality or other
public entity is reasonably available,
Ê the local governing body may, pursuant to NRS 244.3655 or 268.4102 , require all users of the water system to
connect into the available water system provided by a public utility or a
municipality or other public entity, and each lot or parcel will be
assessed by the local governing body for its proportionate share of the
costs associated with connecting into that water system. If the water
system is being connected into a public utility, the Public Utilities
Commission of Nevada shall determine the amount of the assessments for
the purposes of establishing a lien pursuant to NRS 445A.900 .
9. Provision has been made for disposition of the water system and
the land on which it is situated after the local governing body requires
all users to connect into an available water system provided by a public
utility or a municipality or other public entity.
(Added to NRS by 1991, 401; A 1995, 2663; 1997, 1996; 2001, 549
; 2005, 554 )
No lien for the assessments
provided by the covenants, conditions and restrictions described in NRS
445A.895 is binding upon the property
until:
1. The local governing body, after a hearing, establishes the
costs and apportions them to each lot or parcel; or
2. The Public Utilities Commission of Nevada determines the amount
of the assessments,
Ê and the local governing body records a notice of lien in the office of
the county recorder in the county in which the property is located.
(Added to NRS by 1991, 402; A 1997, 1997)
1. The proceeds of any assessments upon lots or parcels must be
deposited with the treasurer of the local governing body which received
them, and they may be expended only for the:
(a) Continued maintenance and operation of the water system;
(b) Replacement of the water system if necessary; and
(c) Payment of the costs, including, but not limited to, the direct
costs of connection and the costs of necessary new or rehabilitated
facilities and any necessary water rights, associated with connection to
any water system provided by a public utility or a municipality or other
public entity that becomes reasonably available.
2. If any surplus exists in the proceeds of assessments after all
purposes of the assessments have been fully met, the surplus must be
refunded to the persons who paid the assessments, in the proportion that
their respective assessments bear to the gross proceeds of all
assessments collected by the local governing body.
(Added to NRS by 1991, 402)—(Substituted in revision for NRS
445.3849)
1. If the Division has found that any of the conditions of a
permit to operate a water system issued pursuant to NRS 445A.885 are being violated and has notified the
holder of the permit that he must bring the water system into compliance,
but the holder of the permit has failed to comply within a reasonable
time after the date of the notice, the local governing body, if requested
to do so in writing by the Division, may take the following actions
independently of any further action by the Division:
(a) Give written notice, by certified mail, to the owner of the
water system and the owners of the property served by the system that if
the violation is not corrected within 30 days after the date of the
notice, the local governing body will seek a court order authorizing it
to assume control; and
(b) After the 30-day period has expired, if the water system has
not been brought into compliance, apply to the district court for an
order authorizing the local governing body to assume control of the
system and assess the property for the continued operation and
maintenance of the system as provided in subsection 6 of NRS 445A.895
.
2. If the local governing body determines at any time that
immediate action is necessary to protect the public health and welfare,
it may assume physical control and operation of a water system without
complying with any of the requirements set forth in subsection 1. The
local governing body may not maintain control of a water system pursuant
to this subsection for a period greater than 30 days unless it obtains an
order from the district court authorizing an extension.
(Added to NRS by 1991, 403; A 2001, 550 ; 2005, 555 )
The provisions of NRS 445A.885 to 445A.915 , inclusive, do not prevent:
1. A local governing body or a health district from imposing its
own conditions for approval of the operation of any water system located
within its jurisdiction, which may be more stringent than those
authorized by NRS 445A.885 to
445A.915 , inclusive.
2. A local governing body from requiring the prior approval of a
proposed water system by a local committee created for that purpose.
3. A local governing body from converting service connections to
water systems into service connections to water systems provided by a
public utility or a municipality or other public entity.
(Added to NRS by 1991, 403; A 1999, 1870 )
1. Except as otherwise provided in subsection 2, plans and
specifications for any substantial addition to or alteration of a public
water system subject to a regulation of the Commission must be submitted
to the Division or the appropriate district board of health for review
and approval.
2. A public water system is not required to submit any plans and
specifications if the addition or alteration complies with standards
previously approved by the Division or the appropriate district board of
health.
3. In approving the plans and specifications, the Division or the
appropriate district board of health may require such modifications or
impose such conditions as are necessary to carry out the provisions of
NRS 445A.800 to 445A.955 , inclusive.
(Added to NRS by 1977, 444; A 2005, 556 )
1. The Division and the district boards of health shall:
(a) Enforce the provisions of NRS 445A.800 to 445A.955 , inclusive, and regulations adopted pursuant
thereto; and
(b) Make such investigations and inspections as are necessary to
ensure compliance with those sections and regulations.
2. Any representative of the Division or the appropriate district
board of health may enter the property of any public water system at any
reasonable time for the purpose of inspecting and investigating the
adequacy and sanitary condition of the system and the quality of its
water.
3. Except in an emergency, the Division or the appropriate
district board of health shall notify and permit the supplier of water to
be present when an inspection or investigation is being conducted.
(Added to NRS by 1977, 444; A 1991, 404, 614; 2005, 556 )
1. An imminent hazard exists if the Division, after consulting
with the district board of health and the supplier of water, determines
that a contaminant is or will be found in a public water system and the
contaminant is a serious risk to public health.
2. To eliminate an imminent hazard, the Division may issue an
emergency order requiring the supplier of water immediately to take
action necessary to protect the public health. An emergency order may
require that a supplier of water cease distributing the water.
3. Such an emergency order is effective immediately and is not
subject to review unless the supplier to whom the order is issued, within
30 days after the date the order is served, petitions for a hearing
before the Division.
4. Whenever conditions of a public water system are such as to
require immediate action to protect the public health, the Division may
issue public warnings in such manner as the Division determines to be
suitable.
(Added to NRS by 1977, 444; A 2005, 556 )
1. A supplier of water may apply to the Commission for a variance
or exemption from the regulations of the Commission. The Commission may
grant variances or exemptions after notice and public hearing.
2. A supplier of water shall notify all users of the water system
as soon as the Commission has scheduled a time and place for the public
hearing on the application for a variance or exemption.
3. The Public Utilities Commission of Nevada may participate in
the hearing.
(Added to NRS by 1977, 444; A 1981, 1900; 1997, 1998; 2005, 556
)
1. A supplier of water shall immediately notify the Division or
the appropriate district board of health and the users of the supplier’s
public water system whenever:
(a) The system is not in compliance with the primary drinking water
standards;
(b) The supplier fails to perform any required monitoring of water
quality;
(c) The supplier has been granted a variance or exemption by the
Commission; or
(d) The supplier fails to comply with the conditions imposed by the
Commission in granting the variance or exemption.
2. The notification must be in the form and manner prescribed by
the Division.
(Added to NRS by 1977, 445; A 2005, 557 )
1. The Division or the appropriate district board of health may
apply to a court of competent jurisdiction to enjoin the continuance or
occurrence of any act or practice which violates the provisions of NRS
445A.800 to 445A.955 , inclusive, or of any regulation adopted or
order issued pursuant thereto.
2. On a showing by the Division or the district board of health
that such a violation has occurred or will occur, the court may issue,
without bond, such prohibitory or mandatory injunction as the facts may
warrant.
(Added to NRS by 1977, 445; A 1991, 404, 615; 2005, 557 )
1. Any supplier of water who:
(a) Violates any standard established pursuant to NRS 445A.855
;
(b) Violates or fails to comply with an emergency order issued
pursuant to NRS 445A.930 ;
(c) Violates any condition imposed by the Commission upon granting
a variance or exemption under NRS 445A.935 ;
(d) Violates a regulation adopted by the Commission pursuant to NRS
445A.860 ; or
(e) Fails to give a notice as required by NRS 445A.940 ,
Ê is liable for a civil penalty, to be recovered by the Attorney General
in the name of the Division, of not more than $5,000 for each day of the
violation.
2. In addition to the civil penalty prescribed in subsection 1,
the Division may impose an administrative fine against a supplier of
water who commits any violation enumerated in subsection 1. The
administrative fine imposed may not be more than $2,500 per day for each
such violation.
3. The civil penalty and administrative fine prescribed in this
section may be imposed in addition to any other penalties or relief
prescribed in NRS 445A.800 to
445A.955 , inclusive.
(Added to NRS by 1977, 455; A 1991, 404, 615, 1041; 2001, 635
; 2005, 557 )
Any person who violates the
provisions of NRS 445A.800 to
445A.955 , inclusive, or any
regulation adopted by the Commission pursuant to those provisions is
guilty of a misdemeanor. Each day of violation constitutes a separate
offense.
(Added to NRS by 1977, 445; A 1991, 405, 615; 2005, 558 )
