USA Statutes : nevada
Title : Title 40 - PUBLIC HEALTH AND SAFETY
Chapter : CHAPTER 445B - AIR POLLUTION
1. It is the public policy of the State of Nevada and the purpose
of NRS 445B.100 to 445B.640 , inclusive, to achieve and maintain levels
of air quality which will protect human health and safety, prevent injury
to plant and animal life, prevent damage to property, and preserve
visibility and scenic, esthetic and historic values of the State.
2. It is the intent of NRS 445B.100 to 445B.640 , inclusive, to:
(a) Require the use of reasonably available methods to prevent,
reduce or control air pollution throughout the State of Nevada;
(b) Maintain cooperative programs between the State and its local
governments; and
(c) Facilitate cooperation across jurisdictional lines in dealing
with problems of air pollution not confined within a single jurisdiction.
3. The quality of air is declared to be affected with the public
interest, and NRS 445B.100 to
445B.640 , inclusive, are enacted in
the exercise of the police power of this State to protect the health,
peace, safety and general welfare of its people.
4. It is also the public policy of this State to provide for the
integration of all programs for the prevention of accidents in this State
involving chemicals, including, without limitation, accidents involving
hazardous air pollutants, highly hazardous chemicals, highly hazardous
substances and extremely hazardous substances.
(Added to NRS by 1971, 1191; A 1993, 2851)
As used in NRS 445B.100 to 445B.640 , inclusive, unless the context otherwise
requires, the words and terms defined in NRS 445B.110 to 445B.155 , inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 1971, 1192; A 1973, 1811; 1993, 2852)—(Substituted
in revision for NRS 445.406)
“Air contaminant” means
any substance discharged into the atmosphere except water vapor and water
droplets.
(Added to NRS by 1971, 1192)—(Substituted in revision for NRS
445.411)
“Air pollution” means the
presence in the outdoor atmosphere of one or more air contaminants or any
combination thereof in such quantity and duration as may tend to:
1. Injure human health or welfare, animal or plant life or
property.
2. Limit visibility or interfere with scenic, esthetic and
historic values of the State.
3. Interfere with the enjoyment of life or property.
(Added to NRS by 1971, 1192)—(Substituted in revision for NRS
445.416)
“Commission” means the State
Environmental Commission.
(Added to NRS by 1971, 1192; A 1973, 1811)—(Substituted in revision
for NRS 445.421)
“Department” means the State
Department of Conservation and Natural Resources.
(Added to NRS by 1973, 1808; A 1973, 1406; 1977, 1142)—(Substituted
in revision for NRS 445.424)
“Director” means the Director of
the Department or his designee or person designated by or pursuant to a
county or city ordinance or regional agreement or regulation to enforce
local air pollution control ordinances and regulations.
(Added to NRS by 1973, 1808)—(Substituted in revision for NRS
445.427)
“Federal Act” means the Clean
Air Act (42 U.S.C. §§ 7401 et seq.), which includes the Clean Air Act of
1963 (P.L. 88-206) and amendments made by the Motor Vehicle Air Pollution
Control Act (P.L. 89-272, October 20, 1965), the Clean Air Act Amendments
of 1966 (P.L. 89-675, October 15, 1966), the Air Quality Act of 1967
(P.L. 90-148, November 21, 1967), the Clean Air Amendments of 1970
(December 31, 1970) and any amendments thereto made after July 1, 1971.
(Added to NRS by 1971, 1192; A 1993, 2852)—(Substituted in revision
for NRS 445.431)
“Hazardous air
pollutant” means a substance designated as such by the Commission
pursuant to NRS 445B.210 .
(Added to NRS by 1993, 2849)—(Substituted in revision for NRS
445.433)
“Operating permit” means
a permit signed and issued by the Director approving, with conditions,
the construction and operation of a source of any air contaminant.
(Added to NRS by 1993, 2849)—(Substituted in revision for NRS
445.438)
“Person” includes the State of
Nevada, political subdivisions, administrative agencies and public or
quasi-public corporations.
(Added to NRS by 1971, 1192; A 1985, 517)—(Substituted in revision
for NRS 445.441)
1. “Source” means any property, real or personal, which directly
emits or may emit any air contaminant.
2. “Indirect source” means any property or facility that has or
solicits secondary or adjunctive activity which emits or may emit any air
contaminant for which there is an ambient air quality standard,
notwithstanding that such property or facility may not itself possess the
capability of emitting such air contaminants. Indirect sources include,
but are not limited to:
(a) Highways and roads;
(b) Parking facilities;
(c) Retail, commercial and industrial facilities;
(d) Recreation, amusement, sports and entertainment facilities;
(e) Airports;
(f) Office and government buildings;
(g) Apartment and condominium buildings;
(h) Educational facilities; and
(i) Other such property or facilities which will result in
increased air contaminant emissions from motor vehicles or other
stationary sources.
(Added to NRS by 1971, 1192; A 1973, 1811; 1975, 1781; 1977,
1558)—(Substituted in revision for NRS 445.446)
STATE ENVIRONMENTAL COMMISSION
1. The State Environmental Commission is hereby created within the
Department. The Commission consists of:
(a) The Director of the Department of Wildlife;
(b) The State Forester Firewarden;
(c) The State Engineer;
(d) The Director of the State Department of Agriculture;
(e) The Administrator of the Division of Minerals of the Commission
on Mineral Resources;
(f) A member of the State Board of Health to be designated by that
Board; and
(g) Five members appointed by the Governor, one of whom is a
general engineering contractor or a general building contractor licensed
pursuant to chapter 624 of NRS and one of
whom possesses expertise in performing mining reclamation.
2. The Governor shall appoint the Chairman of the Commission from
among the members of the Commission.
3. A majority of the members constitutes a quorum, and a majority
of those present must concur in any decision.
4. Each member who is appointed by the Governor is entitled to
receive a salary of not more than $80, as fixed by the Commission, for
each day’s attendance at a meeting of the Commission.
5. While engaged in the business of the Commission, each member
and employee of the Commission is entitled to receive the per diem
allowance and travel expenses provided for state officers and employees
generally.
6. Any 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, is disqualified from serving as
a member of the Commission. The provisions of this subsection do not
apply to any person who receives, or has received during the previous 2
years, a significant portion of his income from any department or agency
of State Government which is a holder of or an applicant for a permit
required by NRS 445A.300 to 445A.730
, inclusive.
7. The Department shall provide technical advice, support and
assistance to the Commission. All state officers, departments,
commissions and agencies, including the Department of Transportation, the
Department of Health and Human Services, the Nevada System of Higher
Education, the State Public Works Board, the Department of Motor
Vehicles, the Department of Public Safety, the Public Utilities
Commission of Nevada, the Transportation Services Authority and the State
Department of Agriculture may also provide technical advice, support and
assistance to the Commission.
(Added to NRS by 1971, 1192; A 1973, 908, 1406, 1720; 1975, 1404;
1977, 1142, 1220, 1484, 1561; 1979, 910, 1800; 1981, 1983; 1983, 2089;
1985, 424, 1991; 1989, 1288, 1715; 1989, 1288, 1715; 1993, 404, 1623;
1995, 579; 1997, 1998; 1999, 3623 ; 2001, 2616 ; 2003, 1564 )
The Department is:
1. Designated as the Air Pollution Control Agency of the State for
the purposes of the Federal Act insofar as it pertains to state programs.
2. Authorized to take all action necessary or appropriate to
secure to this state the benefits of the Federal Act.
(Added to NRS by 1971, 1139; A 1973, 1813)—(Substituted in revision
for NRS 445.456)
The Commission may:
1. Subject to the provisions of NRS 445B.215 , adopt regulations consistent with the
general intent and purposes of NRS 445B.100 to 445B.640 , inclusive, to prevent, abate and control
air pollution.
2. Establish standards for air quality.
3. Require access to records relating to emissions which cause or
contribute to air pollution.
4. Cooperate with other governmental agencies, including other
states and the Federal Government.
5. Establish such requirements for the control of emissions as may
be necessary to prevent, abate or control air pollution.
6. By regulation:
(a) Designate as a hazardous air pollutant any substance which, on
or after October 1, 1993, is on the federal list of hazardous air
pollutants pursuant to 42 U.S.C. § 7412(b); and
(b) Delete from designation as a hazardous air pollutant any
substance which, after October 1, 1993, is deleted from the federal list
of hazardous air pollutants pursuant to 42 U.S.C. § 7412(b),
Ê based upon the Commission’s determination of the extent to which such a
substance presents a risk to the public health.
7. Hold hearings to carry out the provisions of NRS 445B.100
to 445B.640 , inclusive, except as otherwise provided in
those sections.
8. Establish fuel standards for both stationary and mobile sources
of air contaminants. Fuel standards for mobile sources of air
contaminants must be established to achieve air quality standards that
protect the health of the residents of the State of Nevada.
9. Require elimination of devices or practices which cannot be
reasonably allowed without generation of undue amounts of air
contaminants.
(Added to NRS by 1971, 1193; A 1973, 1813; 1993, 2852; 1997, 3230)
Notice of the public hearing on a regulation which is to be
considered by the Commission must be given by at least three publications
of a notice in newspapers throughout the State, once a week for 3 weeks,
commencing at least 30 days before the hearing.
(Added to NRS by 1971, 1194; A 1973, 1814; 1977, 69; 1981,
82)—(Substituted in revision for NRS 445.466)
In carrying out the
purposes of NRS 445B.100 to 445B.640
, inclusive, the Commission, in
addition to any other action which may be necessary or appropriate to
carry out such purposes, may:
1. Cooperate with appropriate federal officers and agencies of the
Federal Government, other states, interstate agencies, local governmental
agencies and other interested parties in all matters relating to air
pollution control in preventing or controlling the pollution of the air
in any area.
2. Recommend measures for control of air pollution originating in
this state.
(Added to NRS by 1971, 1194; A 1973, 1814)—(Substituted in revision
for NRS 445.471)
The Commission may require the monitoring or source tests of existing or
new stationary sources which can emit an air contaminant.
(Added to NRS by 1973, 1810)—(Substituted in revision for NRS
445.472)
The Department
shall:
1. Make such determinations and issue such orders as may be
necessary to implement the purposes of NRS 445B.100 to 445B.640 , inclusive.
2. Apply for and receive grants or other funds or gifts from
public or private agencies.
3. Cooperate and contract with other governmental agencies,
including other states and the Federal Government.
4. Conduct investigations, research and technical studies
consistent with the general purposes of NRS 445B.100 to 445B.640 , inclusive.
5. Prohibit as specifically provided in NRS 445B.300 and 445B.320 and as generally provided in NRS 445B.100
to 445B.640 , inclusive, the installation, alteration or
establishment of any equipment, device or other article capable of
causing air pollution.
6. Require the submission of such preliminary plans and
specifications and other information as it deems necessary to process
permits.
7. Enter into and inspect at any reasonable time any premises
containing an air contaminant source or a source under construction for
purposes of ascertaining compliance with NRS 445B.100 to 445B.640 , inclusive.
8. Specify the manner in which incinerators may be constructed and
operated.
9. Institute proceedings to prevent continued violation of any
order issued by the Director and to enforce the provisions of NRS
445B.100 to 445B.640 , inclusive.
10. Require access to records relating to emissions which cause or
contribute to air pollution.
11. Take such action in accordance with the rules, regulations and
orders promulgated by the Commission as may be necessary to prevent,
abate and control air pollution.
(Added to NRS by 1973, 1808)—(Substituted in revision for NRS
445.473)
In carrying out the
purposes of NRS 445B.100 to 445B.640
, inclusive, the Department may, if it
considers it necessary or appropriate:
1. Cooperate with appropriate federal officers and agencies of the
Federal Government, other states, interstate agencies, local governmental
agencies and other interested parties in all matters relating to air
pollution control in preventing or controlling the pollution of the air
in any area.
2. On behalf of this State, apply for and receive funds made
available to the State for programs from any private source or from any
agency of the Federal Government under the Federal Act. All moneys
received from any federal agency or private source as provided in this
section shall be paid into the State Treasury and shall be expended,
under the direction of the Department, solely for the purpose or purposes
for which the grant or grants have been made.
3. Certify to the appropriate federal authority that facilities
are in conformity with the state program and requirements for control of
air pollution, or will be in conformity with the state program and
requirements for control of air pollution if such facility is constructed
and operated in accordance with the application for certification.
4. Develop measures for control of air pollution originating in
the State.
(Added to NRS by 1973, 1809)
1. Any duly authorized officer, employee or representative of the
Department may enter and inspect any property, premises or place on or at
which an air contaminant source is located or is being constructed,
installed or established at any reasonable time for the purpose of
ascertaining the state of compliance with NRS 445B.100 to 445B.640 , inclusive, and rules and regulations in
force pursuant thereto.
2. No person shall:
(a) Refuse entry or access to any authorized representative of the
Department who requests entry for purposes of inspection, as provided in
this section, and who presents appropriate credentials.
(b) Obstruct, hamper or interfere with any such inspection.
3. If requested, the owner or operator of the premises shall
receive a report setting forth all facts found which relate to compliance
status.
(Added to NRS by 1971, 1194; A 1973, 1815)—(Substituted in revision
for NRS 445.476)
The Department may perform a stack source
emission test or require the source owner or operator to have such test
made prior to approval or prior to the continuance of an operating permit
or similar class of permits.
(Added to NRS by 1973, 1810; A 1975, 1405)—(Substituted in revision
for NRS 445.477)
LOCAL HEARING BOARD
1. The governing body of any district, county or city authorized
to operate an air pollution control program pursuant to NRS 445B.100
to 445B.640 , inclusive, may appoint an air pollution
control hearing board.
2. The air pollution control hearing board appointed by a county,
city or health district must consist of seven members who are not
employees of the State or any political subdivision of the State. One
member of the hearing board must be an attorney admitted to practice law
in Nevada, one member must be a professional engineer licensed in Nevada
and one member must be licensed in Nevada as a general engineering
contractor or a general building contractor as defined by NRS 624.215
. Three must be appointed for a term of
1 year, three must be appointed for a term of 2 years and one must be
appointed for a term of 3 years. Each succeeding term must be for a
period of 3 years.
(Added to NRS by 1971, 1195; A 1973, 1815; 1975, 1782; 1997, 1068)
1. The district court in and for the county in which any hearing
is being conducted may compel the attendance of witnesses, the giving of
testimony and the production of books and papers as required by any
subpoena issued by the chairman of the hearing.
2. In case of the refusal of any witness to attend or testify or
produce any papers required by such subpoena the chairman may report to
the district court in and for the county in which the hearing is held, by
petition setting forth:
(a) That due notice has been given of the time and place of
attendance of the witness or the production of the books and papers;
(b) That the witness has been subpoenaed in the manner prescribed
in NRS 445B.100 to 445B.640 , inclusive; and
(c) That the witness has failed and refused to attend or produce
the papers required by subpoena in the hearing named in the subpoena, or
has refused to answer questions propounded to him in the course of such
hearing,
Ê and asking an order of the court compelling the witness to attend and
testify or produce the books or papers in the hearing.
3. The court, upon petition of the chairman, shall enter an order
directing the witness to appear before the court at a time and place to
be fixed by the court in such order, the time to be not more than 10 days
from the date of the order, and then and there show cause why he has not
attended or testified or produced the books or papers in the hearing. A
certified copy of the order shall be served upon the witness. If it
appears to the court that the subpoena was regularly issued by the
chairman, the court shall thereupon enter an order that the witness
appear in the hearing at the time and place fixed in the order and
testify or produce the required books or papers, and upon a failure to
obey the order the witness shall be dealt with as for contempt of court.
4. Witnesses may be compensated in the amounts provided in NRS
50.225 .
(Added to NRS by 1971, 1195; A 1973, 1816)—(Substituted in revision
for NRS 445.486)
PROVISIONS FOR ENFORCEMENT
1. The Commission shall by regulation:
(a) Require the person operating or responsible for the existence
of each source of air contaminant, generally or within a specified class
or classes, to apply for and obtain an operating permit for the source.
(b) Require that written notice be given to the Director before the
construction, installation, alteration or establishment of any source of
air contaminant or of any specified class or classes of such sources, or
the alteration of any device intended primarily to prevent or reduce air
pollution. If within the time prescribed by regulation the Director
determines that:
(1) The proposed construction, installation, alteration or
establishment will not be in accordance with the provisions of the plans,
specifications and other design material required to be submitted under
NRS 445B.100 to 445B.640 , inclusive, or applicable regulations; or
(2) The design material or the construction itself is of
such a nature that it patently cannot bring such source into compliance
with NRS 445B.100 to 445B.640 , inclusive, or applicable regulations,
Ê the Director shall issue an order prohibiting the construction,
installation, alteration or establishment of the source or sources of air
contaminant.
2. The Commission shall by regulation provide for:
(a) The issuance, renewal, modification, revocation and suspension
of operating permits, and charge appropriate fees for their issuance in
an amount sufficient to pay the expenses of administering NRS 445B.100
to 445B.640 , inclusive, and any regulations adopted
pursuant to those sections.
(b) The issuance of authorizations for the issuance of building
permits pursuant to paragraph (a) of subsection 2 of NRS 445B.320 .
3. Any failure of the Commission or the Department to issue a
regulation or order to prohibit any act does not relieve the person so
operating from any legal responsibility for the construction, operation
or existence of the source of air contaminant.
4. All administrative fees collected by the Commission pursuant to
subsection 2 must be accounted for separately and deposited in the State
General Fund for credit to the Account for the Management of Air Quality.
This subsection does not apply to any fees collected by political
subdivisions or their agencies.
(Added to NRS by 1971, 1196; A 1973, 1816; 1993, 2853)—(Substituted
in revision for NRS 445.491)
1. If any federal regulations relating to indirect sources become
effective after January 17, 1977, the authority of a state agency to
review new indirect sources may be exercised only:
(a) In the enforcement of those federal regulations; and
(b) To the extent enforcement by the state agency is required by
the Federal Act.
2. The local air pollution control agency may enforce within its
jurisdiction against existing indirect sources any federal or state
regulations relating to indirect sources or any regulations it adopts
relating to indirect sources, to the extent that:
(a) Local enforcement is not inconsistent with the requirements of
any federal law or regulation; and
(b) Enforcement is necessary to comply with the federal standards
for ambient air quality.
(Added to NRS by 1975, 1781; A 1977, 1559; 1981, 1539; 1985, 290;
1991, 1380)—(Substituted in revision for NRS 445.493)
1. The Commission shall require, with respect to all sources of
air contaminant, including indirect sources, that plans, specifications
and such other information as the Commission may direct be submitted to
the Director not later than a specified interval before the construction
or alteration of a building or other structure if such construction or
alteration includes the establishment or alteration of a source or
indirect source of air contaminant.
2. The local government authority, if any, responsible for issuing
any required building permit shall not issue such building permit:
(a) Until the Department has given its authorization therefor,
pursuant to regulation of the Commission.
(b) If a stop order prohibiting such construction or alteration has
been issued.
(Added to NRS by 1971, 1197; A 1973, 1817; 1977, 1559; 1993,
2854)—(Substituted in revision for NRS 445.496)
When the Department takes any regulatory action,
under the provisions of NRS 445B.100
to 445B.640 , inclusive, or under any
rule, regulation, order or standard based thereon, it shall give
reasonable notice to all parties by certified mail, which notice shall
state the legal authority, jurisdiction and reasons for the action taken.
(Added to NRS by 1973, 1809)—(Substituted in revision for NRS
445.497)
A party
aggrieved may file notice of appeal with the Commission within 10 days
after the date of notice of action of the Department, except as otherwise
provided by law.
(Added to NRS by 1973, 1809)
1. Within 20 days after receipt of the notice of appeal provided
for in NRS 445B.340 , 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. For the purpose of judicial review under NRS 445B.560 , the parties may agree upon a statement of
facts in lieu of a transcript of testimony.
7. Costs of transcribing proceedings of the Commission shall be
taxed against the requesting party.
(Added to NRS by 1973, 1809)—(Substituted in revision for NRS
445.499)
1. Any person aggrieved by:
(a) The issuance, denial, renewal, modification, suspension or
revocation of an operating 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 taken
by the Director which is the subject of the appeal.
3. The Commission shall provide by regulation for the time and
manner in which appeals are to be taken to the Commission.
(Added to NRS by 1971, 1197; A 1973, 1818; 1977, 69; 1993, 2854)
VARIANCES
1. The owner or operator of a source of air contaminant or a
person who desires to establish such a source may apply to the Commission
for a variance from its applicable regulations. The Commission may grant
a variance only if, after public hearing on due notice, it finds from a
preponderance of the evidence that:
(a) The emissions occurring or proposed do not endanger or tend to
endanger human health or safety; and
(b) Compliance with the regulations would produce serious hardship
without equal or greater benefits to the public.
2. A variance shall not be granted unless the Commission has
considered the relative interests of first, the public; second, other
owners of property likely to be affected by the emissions; and last, the
applicant.
3. The Commission may in granting a variance impose appropriate
conditions upon an applicant, and may revoke the variance for failure to
comply.
(Added to NRS by 1971, 1197)—(Substituted in revision for NRS
445.506)
1. A variance may be renewed only under circumstances and upon
conditions which would justify its original granting.
2. Application for any renewal must be made at least 60 days prior
to expiration of the variance to be renewed, and the Commission shall
give public notice of the application.
3. If a protest is filed with the Commission against the renewal,
the Commission shall hold a public hearing and shall not renew the
variance unless it makes specific, written findings of fact which justify
the renewal.
(Added to NRS by 1971, 1198)—(Substituted in revision for NRS
445.511)
1. The following limitations of duration apply to all variances:
(a) If the variance is granted because no practical means is known
or available for prevention, abatement or control of the air pollution
involved, the variance shall continue only until such means become known
and available.
(b) If the variance is granted because compliance with applicable
regulations will require measures which, because of extent or cost, must
be spread over a period of time, the variance shall be granted only for
the requisite period as determined by the Commission, and shall specify
the time when the successive steps are to be taken.
(c) If the variance is granted for any other reason, it shall be
granted for 1 year or less.
2. A variance whose duration is limited by paragraph (a) or (b) of
subsection 1 shall be reviewed at least once each year to determine
whether practical measures have become available or required steps have
been taken.
(Added to NRS by 1971, 1198)—(Substituted in revision for NRS
445.516)
No applicant is
entitled to the granting or renewal of a variance as of right.
(Added to NRS by 1971, 1198; A 1973, 1818; 1977, 70)—(Substituted
in revision for NRS 445.521)
VIOLATIONS
1. Whenever the Director believes that a statute or regulation for
the prevention, abatement or control of air pollution has been violated,
he shall cause written notice to be served upon the person or persons
responsible for the alleged violation.
2. The notice shall specify:
(a) The statute or regulation alleged to be violated; and
(b) The facts alleged to constitute the violation.
3. The notice may include an order to take corrective action
within a reasonable time, which shall be specified. Such an order becomes
final unless, within 10 days after service of the notice, a person named
in the order requests a hearing before the Commission.
4. With or without the issuance of an order pursuant to subsection
3, or if corrective action is not taken within the time specified:
(a) The Director may notify the person or persons responsible for
the alleged violation to appear before the Commission at a specified time
and place; or
(b) The Commission may initiate proceedings for recovery of the
appropriate penalty.
5. Nothing in this section prevents the Commission or the Director
from making efforts to obtain voluntary compliance through warning,
conference or other appropriate means.
(Added to NRS by 1971, 1198; A 1973, 1818; 1975, 1405)—(Substituted
in revision for NRS 445.526)
1. If, in the judgment of the Director, any person is engaged in
or is about to engage in any act or practice which constitutes or will
constitute a violation of any provision of NRS 445B.100 to 445B.640 , inclusive, or any rule, regulation, order
or operating permit issued pursuant to NRS 445B.100 to 445B.640 , inclusive, the Director may request that
the Attorney General apply to the district court for an order enjoining
the act or practice, or for an order directing compliance with any
provision of NRS 445B.100 to 445B.640
, inclusive, or any rule, regulation,
order or operating permit issued pursuant to NRS 445B.100 to 445B.640 , inclusive.
2. If, in the judgment of the control officer of a local air
pollution control board, any person is engaged in or is about to engage
in such an act or practice, the control officer may request that the
district attorney of the county in which the act or practice is being
engaged in or is about to be engaged in apply to the district court for
such an order.
3. Upon a showing by the Director or the control officer that a
person has engaged in or is about to engage in any such act or practice,
a permanent or temporary injunction, restraining order or other
appropriate order may be granted by the court.
(Added to NRS by 1973, 1809; A 1993, 2854; 2001, 1295 )
1. A person shall not knowingly:
(a) Violate any applicable provision, the terms or conditions of
any permit or any provision for the filing of information;
(b) Fail to pay any fee;
(c) Falsify any material statement, representation or certification
in any notice or report; or
(d) Render inaccurate any monitoring device or method,
Ê required pursuant to the provisions of NRS 445B.100 to 445B.450 , inclusive, or 445B.470 to 445B.640 , inclusive, or any regulation adopted
pursuant to those provisions.
2. Any person who violates any provision of subsection 1 shall be
punished by a fine of not more than $10,000 for each day of the violation.
3. The burden of proof and degree of knowledge required to
establish a violation of subsection 1 are the same as those required by
42 U.S.C. § 7413(c), as that section existed on October 1, 1993.
4. If, in the judgment of the Director of the Department or his
designee, any person is engaged in any act or practice which constitutes
a criminal offense pursuant to NRS 445B.100 to 445B.640 , inclusive, the Director of the Department
or his designee may request that the Attorney General or the district
attorney of the county in which the criminal offense is alleged to have
occurred institute by indictment or information a criminal prosecution of
the person.
5. If, in the judgment of the control officer of a local air
pollution control board, any person is engaged in such an act or
practice, the control officer may request that the district attorney of
the county in which the criminal offense is alleged to have occurred
institute by indictment or information a criminal prosecution of the
person.
(Added to NRS by 1993, 2850; A 2001, 1296 )
PROGRAM FOR CONTROL OF AIR POLLUTION
1. Except as otherwise provided in this section and in NRS
445B.310 :
(a) The district board of health, county board of health or board
of county commissioners in each county whose population is 100,000 or
more shall establish a program for the control of air pollution and
administer the program within its jurisdiction unless superseded.
(b) The program:
(1) Must include, without limitation, standards for the
control of emissions, emergency procedures and variance procedures
established by ordinance or local regulation which are equivalent to or
stricter than those established by statute or state regulation;
(2) May, in a county whose population is 400,000 or more,
include requirements for the creation, receipt and exchange for
consideration of credits to reduce and control air contaminants in
accordance with NRS 445B.508 ; and
(3) Must provide for adequate administration, enforcement,
financing and staff.
(c) The district board of health, county board of health or board
of county commissioners is designated as the air pollution control agency
of the county for the purposes of NRS 445B.100 to 445B.640 , inclusive, and the Federal Act insofar as
it pertains to local programs, and that agency is authorized to take all
action necessary to secure for the county the benefits of the Federal Act.
(d) Powers and responsibilities provided for in NRS 445B.210 , 445B.240 to 445B.470 , inclusive, 445B.560 , 445B.570 , 445B.580 and 445B.640 are binding upon and inure to the benefit of
local air pollution control authorities within their jurisdiction.
2. The local air pollution control board shall carry out all
provisions of NRS 445B.215 with the
exception that notices of public hearings must be given in any newspaper,
qualified pursuant to the provisions of chapter 238 of NRS, once a week for 3 weeks. The notice must
specify with particularity the reasons for the proposed regulations and
provide other informative details. NRS 445B.215 does not apply to the adoption of existing
regulations upon transfer of authority as provided in NRS 445B.610 .
3. In a county whose population is 400,000 or more, the local air
pollution control board may delegate to an independent hearing officer or
hearing board its authority to determine violations and levy
administrative penalties for violations of the provisions of NRS 445B.100
to 445B.450 , inclusive, and 445B.500 to 445B.640 , inclusive, or any regulation adopted
pursuant to those sections. If such a delegation is made, 17.5 percent of
any penalty collected must be deposited in the county treasury in an
account to be administered by the local air pollution control board to a
maximum of $17,500 per year. The money in the account may only be used to
defray the administrative expenses incurred by the local air pollution
control board in enforcing the provisions of NRS 445B.100 to 445B.640 , inclusive. The remainder of the penalty
must be deposited in the county school district fund of the county where
the violation occurred.
4. Any county whose population is less than 100,000 or any city
may meet the requirements of this section for administration and
enforcement through cooperative or interlocal agreement with one or more
other counties, or through agreement with the State, or may establish its
own program for the control of air pollution. If the county establishes
such a program, it is subject to the approval of the Commission.
5. No district board of health, county board of health or board of
county commissioners may adopt any regulation or establish a compliance
schedule, variance order or other enforcement action relating to the
control of emissions from plants which generate electricity by using
steam produced by the burning of fossil fuel.
6. For the purposes of this section, “plants which generate
electricity by using steam produced by the burning of fossil fuel” means
plants that burn fossil fuels in a boiler to produce steam for the
production of electricity. The term does not include any plant which uses
technology for a simple or combined cycle combustion turbine, regardless
of whether the plant includes duct burners.
(Added to NRS by 1971, 1199; A 1973, 1819; 1975, 1126, 1782; 1977,
1559; 1979, 546; 1985, 291; 1991, 2161; 1993, 175; 1997, 1999; 1999, 1976
; 2001, 1296 , 1515 ; 2003, 44 )
1. In addition to the duties set forth in NRS 445B.500 , the local air pollution control board in a
county whose population is 400,000 or more shall cooperate with the
regional planning coalition and the regional transportation commission in
the county in which it is located to:
(a) Ensure that the plans, policies and programs adopted by each of
them are consistent to the greatest extent practicable.
(b) Establish and carry out a program of integrated, long-range
planning that conserves the economic, financial and natural resources of
the region and supports a common vision of desired future conditions.
2. Before adopting or amending a plan, policy or program, a local
air pollution control board shall:
(a) Consult with the regional planning coalition and the regional
transportation commission; and
(b) Conduct hearings to solicit public comment on the consistency
of the plan, policy or program with:
(1) The plans, policies and programs adopted or proposed to
be adopted by the regional planning coalition and the regional
transportation commission; and
(2) Plans for capital improvements that have been prepared
pursuant to NRS 278.0226 .
3. As used in this section:
(a) “Local air pollution control board” means a board that
establishes a program for the control of air pollution pursuant to NRS
445B.500 .
(b) “Regional planning coalition” has the meaning ascribed to it in
NRS 278.0172 .
(c) “Regional transportation commission” means a regional
transportation commission created and organized in accordance with
chapter 373 of NRS.
(Added to NRS by 1999, 1975 )
Before a district board of health, county board of health or
board of county commissioners, pursuant to the authority granted to it by
NRS 445B.500 , enacts an ordinance or
adopts a regulation establishing fuel standards for mobile sources of air
contaminants, the district board of health, county board of health or
board of county commissioners shall:
1. Determine the cost effectiveness of the proposed ordinance or
regulation by comparing it with other methods of controlling pollution.
2. Determine whether the proposed ordinance or regulation is
technologically feasible based on evidence presented to the district
board of health, county board of health or board of county commissioners
relating to the availability, effectiveness, reliability and safety of
any proposed technology when it is used for its proposed use.
3. Conduct public meetings to consult with public and private
entities that would be significantly affected by the proposed ordinance
or regulation.
(Added to NRS by 1997, 3229)
1. In a county whose population is 400,000 or more, a district
board of health or board of county commissioners may, as a part of its
program for the control of air pollution established pursuant to NRS
445B.500 , require each person or
entity that is proposing to locate a new source of air pollution within
its jurisdiction or to modify an existing source of air pollution within
its jurisdiction in such a way as to increase emissions of air
pollutants, to reduce or mitigate any increase in emissions in accordance
with regulations adopted by such board.
2. If a district board of health or board of county commissioners
imposes the requirement described in subsection 1, its program
established pursuant to NRS 445B.500
must:
(a) Provide a method for determining credits which results in
credits that are quantifiable, surplus and legally enforceable;
(b) Set forth the manner in which credits will be banked and
traded, and the manner in which such transactions will be tracked and
accounted for by the board; and
(c) By not later than January 1, 2002, prohibit any person or
entity from purchasing or selling credits of one type of pollutant if
such credits will be used subsequently to produce a different type of
pollutant.
3. If a county operates a program for the control of air pollution
that allows a person operating or responsible for the existence of a
source to earn credits for maintaining or reducing the level of air
contaminant emitted from the source, the program:
(a) Must allow the person to earn credits for reducing the level of
air contaminant emitted from that source through the use of solar energy;
and
(b) Must not allow the person to earn credits for reducing the
level of air contaminant emitted from that source if such a reduction is
required as a component of a penalty imposed against the person.
4. A credit earned pursuant to this section does not constitute an
interest in property.
5. As used in this section:
(a) “Credit” means an administratively created asset that may:
(1) Entitle a person operating or responsible for the
existence of a source to allow the source to emit a certain level of air
contaminant above a baseline that is determined by the board;
(2) Be used to comply with the requirements of a permit; and
(3) Be traded or sold to another person.
(b) “Surplus” means that a credit is not earned by compliance with
a requirement of the state implementation plan adopted by this State
pursuant to 42 U.S.C. § 7410 or any other federal, state or local law,
ordinance or regulation.
(Added to NRS by 1999, 1976 ; A 2001, 1517 ; 2005, 2470 )
1. If the Commission finds that:
(a) The location, character or extent of particular concentrations
of population or sources of air contaminant;
(b) Geographic, topographic or meteorological considerations; or
(c) Any combination of these factors,
Ê makes impracticable the maintenance of appropriate levels of air
quality without an areawide air pollution control program, it shall after
a public hearing define the area so affected.
2. If an areawide air pollution control program is not established
by cooperative or interlocal agreement within a time specified by the
Commission, the Commission shall establish such a program, which shall be
a charge on the counties, and may supersede any local program within the
area.
(Added to NRS by 1971, 1200)—(Substituted in revision for NRS
445.551)
1. If a county required to establish or participate in an air
pollution control program fails to do so, or if the Commission believes
that a program previously approved is inadequate, it shall hold a public
hearing. If it finds that an adequate program has not been adopted or
that a program has become inadequate, it shall fix a time within which
necessary corrective measures are to be taken.
2. If the prescribed measures are not so taken, the Commission
shall direct the Department to administer an adequate air pollution
control program within the county, which shall be a charge on the county,
and may supersede any existing county air pollution control program.
(Added to NRS by 1971, 1200; A 1973, 1820)—(Substituted in revision
for NRS 445.556)
1. If the Commission finds that the control of a particular class
of sources of air contaminant because of its complexity or magnitude is
beyond the reasonable capability of one or more local air pollution
control authorities, it may assume and retain jurisdiction over that
class in the county or counties so affected.
2. Sources may be classified for the purpose of this section on
the basis of their nature or their size relative to the county in which
they are located.
(Added to NRS by 1971, 1200)—(Substituted in revision for NRS
445.561)
1. A county or area whose local jurisdiction over air pollution
control has been superseded may establish or restore a local air
pollution control program if such program is approved as adequate by the
Commission.
2. A district, county or city which has an air pollution control
program in operation on July 1, 1971, may continue its program if within
1 year after July 1, 1971, the program is approved as adequate by the
Commission. Such approval shall be deemed granted unless the Commission
specifically disapproves the program after a public hearing. Nothing in
NRS 445B.100 to 445B.640 , inclusive, is to be construed as
invalidating any rule, regulation, enforcement action, variance, permit,
cease and desist order, compliance schedule, or any other legal action
taken by any existing air pollution control authority pursuant to former
NRS 445.400 to 445.595 , inclusive, on or before July 1, 1971, unless it is
specifically repealed, superseded or disapproved, pursuant to NRS
445B.215 .
(Added to NRS by 1971, 1200)—(Substituted in revision for NRS
445.566)
MISCELLANEOUS PROVISIONS
1. The Commission may provide by rules and regulations for alert,
warning, and emergency standards and abatement procedures relative to air
pollution episodes or emergencies constituting, or likely to constitute,
an imminent and substantial danger to the health of persons.
2. Any person responsible for the operation of a source of air
contaminants which is designated by the Director shall prepare and submit
emergency plans for reducing or eliminating the emissions of air
contaminants during such periods of air stagnation or air pollution
episodes or emergencies as may be declared by the Director. The emergency
plans shall be subject to review and approval by the Director. If, in the
opinion of the Director, an emergency plan does not effectively carry out
the objective of reducing or eliminating the emissions of air
contaminants during periods of air stagnation or air pollution episodes
or emergencies, the Director shall disapprove it, state the reason for
disapproval, and order the preparation and submission of an amended
emergency plan within the time period specified in the order. If an
approvable emergency plan is not prepared and submitted within the time
period specified in the order, the Director shall issue an emergency plan
applicable to that person. Persons subject to the emergency plan shall
obey the plan during periods of air stagnation or air pollution episodes
or emergencies declared by the Director. The provisions of NRS 445B.360
with respect to appeals do not apply
to this subsection.
3. Any other provisions of law to the contrary notwithstanding, if
the Director finds that a generalized condition of air pollution exists
or that emissions from one or more air contaminant sources occur and that
the condition or sources create, or are likely to create, an imminent and
substantial danger to health requiring immediate action to protect human
health and safety, the Director shall order persons causing or
contributing to the air pollution or responsible for the operation of the
source to reduce or discontinue immediately the emission of air
contaminants. Any person subject to the order may appeal directly to the
district court or request a hearing before the Commission.
4. This section does not limit any power of any other state
officer to declare an emergency and to act on the basis of such
declaration.
(Added to NRS by 1971, 1201; A 1973, 1820)—(Substituted in revision
for NRS 445.571)
1. Any information which the Department obtains in the course of
the performance of its duties pursuant to the provisions of this chapter
is public information unless otherwise designated as confidential
information pursuant to the provisions of this section.
2. The emission of an air contaminant which has an ambient air
quality standard or emission standard or has been designated as a
hazardous air pollutant by regulation of the Commission cannot be
certified as being confidential.
3. Any confidential information received by the Commission, the
Director or any local control authority which is certified in writing to
the recipient as confidential by the owner or operator disclosing the
information and verified and approved in writing as confidential by the
recipient must, unless the owner expressly agrees to its publication or
availability to the public, be used only:
(a) In the administration or formulation of air pollution controls;
(b) In compiling or publishing analyses or summaries relating to
the condition of the outdoor atmosphere which do not identify any owner
or operator or reveal any confidential information; or
(c) In complying with federal statutes, rules and regulations.
4. This section does not prohibit the use of confidential
information in a prosecution for the violation of any statute, ordinance
or regulation for the control of air pollution.
5. A person who discloses or knowingly uses confidential
information in violation of this section is guilty of a misdemeanor, and
is liable in tort for any damages which may result from such disclosure
or use.
6. As used in this section, “confidential information” means
information or records which:
(a) Relate to dollar amounts of production or sales;
(b) Relate to processes or production unique to the owner or
operator; or
(c) If disclosed, would tend to affect adversely the competitive
position of the owner or operator.
(Added to NRS by 1971, 1201; A 1973, 1821; 1975, 1405; 1993,
2855)—(Substituted in revision for NRS 445.576)
1. It is a condition of the issuance of any operating permit
required by the Commission or pursuant to any local ordinance for the
control of air pollution that the holder of the operating permit agrees
to permit inspection of the premises to which the permit relates by any
authorized officer of the Department at any time during the holder’s
hours of operation without prior notice. This condition must be stated on
each application form and operating permit.
2. If a source of air contaminant exists or is constructed or
operated without an operating permit, such an officer may inspect it at
any reasonable time, and may enter any premises to search for such a
source. If entry is refused, or before attempting to enter, such an
officer may apply to any magistrate for a search warrant. The magistrate
shall issue the warrant if he believes from the supporting affidavit or
affidavits that there is probable cause to believe that a source of air
contaminant exists or is being constructed or operated on the premises to
be searched.
(Added to NRS by 1971, 1202; A 1973, 1822; 1993, 2855)—(Substituted
in revision for NRS 445.581)
1. The Account for the Management of Air Quality is hereby created
in the State General Fund, to be administered by the Department.
2. Money in the Account for the Management of Air Quality must be
expended only:
(a) To carry out and enforce the provisions of NRS 445B.100 to 445B.640 , inclusive, and of any regulations adopted
pursuant to those sections, including, without limitation, the direct and
indirect costs of:
(1) Preparing regulations and recommendations for
legislation regarding those provisions;
(2) Furnishing guidance for compliance with those provisions;
(3) Reviewing and acting upon applications for operating
permits;
(4) Administering and enforcing the terms and conditions of
operating permits;
(5) Monitoring emissions and the quality of the ambient air;
(6) Preparing inventories and tracking emissions;
(7) Performing modeling, analyses and demonstrations; and
(8) Establishing and administering a program for the
provision of assistance, pursuant to 42 U.S.C. § 7661f, to small
businesses operating stationary sources; and
(b) In any other manner required as a condition to the receipt of
federal money for the purposes of NRS 445B.100 to 445B.640 , inclusive.
3. All interest earned on the money in the Account for the
Management of Air Quality must be credited to the Account. Claims against
the Account for the Management of Air Quality must be paid as other
claims against the State are paid.
(Added to NRS by 1993, 2849; A 2003, 345 )
1. Except as otherwise provided by subsection 2, all governmental
sources of air contaminants shall comply with all local and state air
pollution laws, regulations and ordinances.
2. A fire department, county fire protection district, fire
protection training academy or training center may, after obtaining a
permit for a specific site, set a fire at that site for training purposes
so long as the site is not within an area in which an air pollution
episode or emergency constituting, or likely to constitute, an imminent
and substantial danger to the health of persons exists. The permit must
be obtained from:
(a) The county air pollution control agency, if one has been
designated pursuant to NRS 445B.500 ;
or
(b) The Director, if an agency has not been so designated.
3. All planning commissions, zoning boards of adjustment, and
governing bodies of unincorporated towns, incorporated cities and
counties shall in the performance of their duties imposed by chapter 278
of NRS or other statutes relating to planning
and zoning consider the effects of possible air pollution and shall
submit to the Department for evaluation a concise statement of the
effects on air quality by complex sources.
(Added to NRS by 1971, 1202; A 1973, 1822; 1975, 1406; 1989,
584)—(Substituted in revision for NRS 445.586)
NRS
445B.100 to 445B.595 , inclusive, does not abridge, limit, impair,
create, enlarge or otherwise affect substantively or procedurally the
right of any person to damages or other relief on account of injury to
persons or property and to maintain any action or other appropriate
proceeding therefor in the courts of this state or the courts of the
United States on a tort claim against the United States or a federal
agency as authorized by federal statutes.
(Added to NRS by 1971, 1202; A 1985, 292)—(Substituted in revision
for NRS 445.596)
1. All rules, regulations and standards promulgated by the State
Commission of Environmental Protection pertaining to air 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 445B.100
to 445B.640 , inclusive.
2. Any and all action taken by the State Commission of
Environmental Protection, including but not limited to existing orders,
notices of violation, variances, permits, cease and desist orders and
compliance schedules, shall remain in full force and effect and binding
upon the State Environmental Commission, the Director, the Department and
all persons to whom such action may apply on or after July 1, 1973.
3. In the event that a local air pollution control program
described in NRS 445B.500 is
transferred in whole or in part from an existing air pollution control
agency to another agency, all rules and regulations adopted by the
existing agency may be readopted as amended to reflect the transfer of
authorities by the new agency immediately upon such transfer, and the
provisions of NRS 445B.215 shall not
apply to such readoption.
4. If a transfer of local authority as described in subsection 3
occurs, all orders, notices of violation, variances, cease and desist
orders, compliance schedules and other legal action taken by the existing
air pollution control board, control officer, or hearing board shall
remain in full force and effect, and shall not be invalidated by reason
of such transfer.
(Added to NRS by 1973, 1810)—(Substituted in revision for NRS
445.598)
PENALTIES
1. Except as otherwise provided in subsection 4 and NRS 445C.010
to 445C.120 , inclusive, any person who violates any
provision of NRS 445B.100 to 445B.450
, inclusive, and 445B.470 to 445B.640 , inclusive, or any regulation in force
pursuant thereto, other than NRS 445B.570 on confidential information, is guilty of a
civil offense and shall pay an administrative fine levied by the
Commission of not more than $10,000 per day per offense. Each day of
violation constitutes a separate offense.
2. The Commission shall by regulation establish a schedule of
administrative fines not exceeding $500 for lesser violations of any
provision of NRS 445B.100 to 445B.450
, inclusive, and 445B.470 to 445B.640 , inclusive, or any regulation in force
pursuant thereto.
3. Action pursuant to subsection 1 or 2 is not a bar to
enforcement of the provisions of NRS 445B.100 to 445B.450 , inclusive, and 445B.470 to 445B.640 , inclusive, regulations in force pursuant
thereto, and orders made pursuant to NRS 445B.100 to 445B.450 , inclusive, and 445B.470 to 445B.640 , inclusive, by injunction or other
appropriate remedy, and the Commission or the Director may institute and
maintain in the name of the State of Nevada any such enforcement
proceedings.
4. Any person who fails to pay a fine levied pursuant to
subsection 1 or 2 within 30 days after the fine is imposed is guilty of a
misdemeanor. The provisions of this subsection do not apply to persons
found by the court to be indigent.
5. All administrative fines collected by the Commission pursuant
to this section must be deposited in the county school district fund of
the county where the violation occurred.
(Added to NRS by 1971, 1202; A 1973, 1822; 1975, 1406; 1977, 70;
1989, 736; 1993, 2856; 1997, 1080)
CONTROL OF EMISSIONS FROM ENGINES
As used in NRS 445B.700 to 445B.845 , inclusive, unless the context otherwise
requires, the words and terms defined in NRS 445B.705 to 445B.758 , inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 1973, 1702; A 1977, 920; 1985, 1991; 1991, 756,
2019; 1993, 2856; 1995, 2353; 1997, 2055; 2001, 2681 ; 2003, 599 )
“Approved inspector”
means a person licensed by the Department of Motor Vehicles to inspect
motor vehicles and devices for the control of pollution for an authorized
station or authorized inspection station.
(Added to NRS by 1993, 2850; A 2001, 2617 )
“Authorized
inspection station” means a station licensed by the Department of Motor
Vehicles for inspecting motor vehicles and devices for the control of
pollution for compliance with this chapter or any applicable federal
regulation or regulation of the Commission.
(Added to NRS by 1993, 2850; A 2001, 2617 )
“Authorized maintenance station” means a station licensed by the
Department of Motor Vehicles for installing, repairing and adjusting
devices for the control of pollution to meet the Commission’s
requirements.
(Added to NRS by 1993, 2851; A 2001, 2617 )
“Authorized station”
means a station licensed by the Department of Motor Vehicles for
inspecting motor vehicles and devices for the control of pollution for
compliance with this chapter or any applicable federal regulation or
regulation of the Commission and for installing, repairing and adjusting
such devices to meet the Commission’s requirements.
(Added to NRS by 1993, 2851; A 2001, 2617 )
“Commission” means the State
Environmental Commission.
(Added to NRS by 1993, 2851)—(Substituted in revision for NRS
445.613)
“Evidence of
compliance” includes a certificate issued when a motor vehicle has been
inspected and:
1. Has the required equipment; or
2. Does not meet the requirements for the control of emissions
after the repairs have been made and the Commission waives compliance.
(Added to NRS by 1993, 2851)—(Substituted in revision for NRS
445.6135)
“Fleet station” means a
facility which is licensed by the Department to conduct inspections of
the motor vehicles of qualified owners or lessees.
(Added to NRS by 1993, 2851)—(Substituted in revision for NRS
445.614)
“Heavy-duty
motor vehicle” means, except as otherwise provided in NRS 445B.780 , a motor vehicle that has a manufacturer’s
gross vehicle weight rating of 8,500 pounds or more. The term does not
include a passenger car.
(Added to NRS by 2003, 599 )
“Light-duty
motor vehicle” means a motor vehicle that has a manufacturer’s gross
vehicle weight rating of less than 8,500 pounds.
(Added to NRS by 1993, 2851)—(Substituted in revision for NRS
445.6145)
“Motor vehicle” means every
self-propelled vehicle in, upon or by which any person or property is or
may be transported or drawn upon a public highway except:
1. Devices moved by human or animal power or used exclusively on
stationary rails; and
2. Electric personal assistive mobility devices as defined in NRS
482.029 .
(Added to NRS by 1993, 2851; A 2003, 1207 )
“Motor vehicle fuel”
has the meaning ascribed to it in NRS 365.060 .
(Added to NRS by 2003, 599 )
“Passenger car” has the
meaning ascribed to it in NRS 484.101 .
(Added to NRS by 1993, 2851)—(Substituted in revision for NRS
445.6155)
“Pollution
control device” means any equipment that is installed in a motor vehicle
for the primary purpose of limiting emissions from the motor vehicle into
the ambient air.
(Added to NRS by 1993, 2851)—(Substituted in revision for NRS
445.616)
“Special fuel” has the
meaning ascribed to it in NRS 366.060 .
(Added to NRS by 2003, 599 )
“Used motor vehicle”
means a motor vehicle that has been registered for not less than 2 years
with:
1. The Department of Motor Vehicles;
2. The appropriate agency of any other state, the District of
Columbia, any territory or possession of the United States, any foreign
country or any state or province of a foreign country; or
3. Any combination of the agencies described in subsections 1 and
2.
(Added to NRS by 1995, 2353; A 2001, 2617 )
1. The provisions of NRS 445B.700 to 445B.845 , inclusive, do not apply to military
tactical vehicles.
2. As used in this section, “military tactical vehicle” means a
motor vehicle that is:
(a) Owned or controlled by the United States Department of Defense
or by a branch of the Armed Forces of the United States; and
(b) Used in combat, combat support, combat service support,
tactical or relief operations, or training for such operations.
(Added to NRS by 2003, 599 )
1. The State Environmental Commission may by regulation prescribe
standards for exhaust emissions, fuel evaporative emissions and visible
emissions of smoke from mobile internal combustion engines on the ground
or in the air, including, but not limited to, aircraft, motor vehicles,
snowmobiles and railroad locomotives. The regulations must:
(a) Provide for the exemption from such standards of restored
vehicles for which special license plates have been issued pursuant to
NRS 482.381 , 482.3812 , 482.3814
or 482.3816 .
(b) Establish criteria for the condition and functioning of a
restored vehicle to qualify for the exemption, and provide that the
evaluation of the condition and functioning of such a vehicle may be
conducted at an authorized inspection station or authorized station as
defined in NRS 445B.710 and 445B.720
, respectively.
(c) Define “restored vehicle” for the purposes of the regulations.
2. Standards for exhaust emissions which apply to a trimobile must
be based on standards which were in effect in the year in which the
engine of the trimobile was built.
3. Any such standards which pertain to motor vehicles must be
approved by the Department of Motor Vehicles before they are adopted by
the Commission.
(Added to NRS by 1973, 1702; A 1979, 857; 1985, 803; 1997, 2650;
2001, 2617 )
1. The Commission, in cooperation with the Department of Motor
Vehicles, shall adopt regulations which establish procedures for
collecting, interpreting and correlating information concerning programs
to control emissions from motor vehicles and any benefits which result
from an inspection program.
2. All information received by the Commission or the Department of
Motor Vehicles is open to public inspection.
(Added to NRS by 1977, 919; A 1985, 1992; 2001, 2618 )
1. In any county whose population is 100,000 or more, the
Commission shall, in cooperation with the Department of Motor Vehicles
and any local air pollution control agency, adopt regulations for the
control of emissions from motor vehicles in areas of the county
designated by the Commission.
2. In any county whose population is less than 100,000, if the
Commission determines that it is feasible and practicable to carry out a
program of inspecting and testing motor vehicles and systems for the
control of emissions from motor vehicles, and if carrying out the program
is deemed necessary to achieve or maintain the prescribed standards for
the quality of ambient air in areas of the State designated by the
Commission, the Commission shall, in cooperation with the Department of
Motor Vehicles and any local air pollution control agency established
under NRS 445B.500 which has
jurisdiction in a designated area, adopt regulations and transportation
controls as may be necessary to carry out the program.
3. The regulations must distinguish between light-duty and
heavy-duty motor vehicles and may prescribe:
(a) Appropriate criteria and procedures for the approval,
installation and use of devices for the control of emissions from motor
vehicles; and
(b) Requirements for the proper maintenance of such devices and
motor vehicles.
4. The regulations must establish:
(a) Requirements by which the Department of Motor Vehicles shall
license authorized stations to inspect, repair, adjust and install
devices for the control of emissions for motor vehicles, including
criteria by which any person may become qualified to inspect, repair,
adjust and install those devices.
(b) Requirements by which the Department of Motor Vehicles may
license an owner or lessee of a fleet of three or more vehicles as a
fleet station if the owner or lessee complies with the regulations of the
Commission. The fleet station shall only certify vehicles which
constitute that fleet.
(c) Requirements by which the Department of Motor Vehicles provides
for inspections of motor vehicles owned by this State and any of its
political subdivisions.
5. The Commission shall consider, before adopting any regulation
or establishing any criteria pursuant to paragraph (a) of subsection 3:
(a) The availability of devices adaptable to specific makes, models
and years of motor vehicles.
(b) The effectiveness of those devices for reducing the emission of
each type of air pollutant under conditions in this State.
(c) The capability of those devices for reducing any particular
type or types of pollutants without significantly increasing the emission
of any other type or types of pollutant.
(d) The capacity of any manufacturer to produce and distribute the
particular device in such quantities and at such times as will meet the
estimated needs in Nevada.
(e) The reasonableness of the retail cost of the device and the
cost of its installation and maintenance over the life of the device and
the motor vehicle.
(f) The ease of determining whether any such installed device is
functioning properly.
(Added to NRS by 1973, 1703; A 1977, 920; 1979, 547; 1981, 1047;
1985, 1992; 2001, 2618 )
The regulations adopted
pursuant to NRS 445B.770 must
establish requirements by which the Department of Motor Vehicles may
license:
1. Authorized inspection stations, including criteria by which any
person may become qualified to inspect devices for the control of
emissions for motor vehicles. The regulations adopted pursuant to NRS
445B.770 must provide that a facility
licensed as an authorized inspection station:
(a) Except as otherwise provided in paragraph (b), may not, unless
specifically authorized by the Commission, install, repair, diagnose or
adjust any component or system of a motor vehicle that affects exhaust
emissions.
(b) May perform the following activities in connection with a motor
vehicle:
(1) The changing of oil;
(2) The replacing of an oil filter, air filter, fuel filter,
belt or hose; and
(3) The servicing of a fuel injection system using methods
approved by the Division of Environmental Protection of the State
Department of Conservation and Natural Resources.
2. Authorized maintenance stations, including criteria by which
any person may become qualified to install, repair and adjust devices for
the control of emissions for motor vehicles.
3. Authorized stations, including criteria by which any person may
become qualified to inspect, repair, adjust and install devices for the
control of emissions for motor vehicles.
(Added to NRS by 1993, 2851; A 2001, 2619 ; 2005, 2323 )
[Expires by limitation on the date of the repeal of the federal
law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance
with certain processes relating to paternity or child support
proceedings.] An application for the issuance of a license to inspect,
repair, adjust or install devices for the control of emissions of motor
vehicles issued pursuant to NRS 445B.775 must include the social security number of
the applicant.
(Added to NRS by 1997, 2054)
[Expires by limitation on the date of the repeal of the federal
law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance
with certain processes relating to paternity or child support
proceedings.]
1. An applicant for the issuance or renewal of a license to
inspect, repair, adjust or install devices for the control of emissions
of motor vehicles issued pursuant to NRS 445B.775 shall submit to the Department of Motor
Vehicles the statement prescribed by the Division of Welfare and
Supportive Services of the Department of Health and Human Services
pursuant to NRS 425.520 . The statement
must be completed and signed by the applicant.
2. The Department of Motor Vehicles shall include the statement
required pursuant to subsection 1 in:
(a) The application or any other forms that must be submitted for
the issuance or renewal of the license; or
(b) A separate form prescribed by the Department of Motor Vehicles.
3. A license to inspect, repair, adjust or install devices for the
control of emissions of motor vehicles may not be issued or renewed by
the Department of Motor Vehicles if the applicant:
(a) Fails to submit the statement required pursuant to subsection
1; or
(b) Indicates on the statement submitted pursuant to subsection 1
that he is subject to a court order for the support of a child and is not
in compliance with the order or a plan approved by the district attorney
or other public agency enforcing the order for the repayment of the
amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant
to subsection 1 that he is subject to a court order for the support of a
child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the
repayment of the amount owed pursuant to the order, the Department of
Motor Vehicles shall advise the applicant to contact the district
attorney or other public agency enforcing the order to determine the
actions that the applicant may take to satisfy the arrearage.
(Added to NRS by 1997, 2054; A 2001, 2619 )
[Expires by limitation on the date of the repeal of the federal
law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance
with certain processes relating to paternity or child support
proceedings.]
1. If the Department of Motor Vehicles receives a copy of a court
order issued pursuant to NRS 425.540
that provides for the suspension of all professional, occupational and
recreational licenses, certificates and permits issued to a person who is
the holder of a license to inspect, repair, adjust or install devices for
the control of emissions of motor vehicles, the Department of Motor
Vehicles shall deem the license issued to that person to be suspended at
the end of the 30th day after the date on which the court order was
issued unless the Department of Motor Vehicles receives a letter issued
to the holder of the license by the district attorney or other public
agency pursuant to NRS 425.550 stating
that the holder of the license has complied with the subpoena or warrant
or has satisfied the arrearage pursuant to NRS 425.560 .
2. The Department of Motor Vehicles shall reinstate a license to
inspect, repair, adjust or install devices for the control of emissions
of motor vehicles that has been suspended by a district court pursuant to
NRS 425.540 if the Department of Motor
Vehicles receives a letter issued by the district attorney or other
public agency pursuant to NRS 425.550
to the person whose license was suspended stating that the person whose
license was suspended has complied with the subpoena or warrant or has
satisfied the arrearage pursuant to NRS 425.560 .
(Added to NRS by 1997, 2054; A 2001, 2620 )
1. The Commission shall, by regulation, establish a program for
the regulation of smoke and other emissions by inspection of heavy-duty
motor vehicles that are powered by diesel fuel or motor vehicle fuel.
2. The Commission shall adopt regulations concerning:
(a) The equipment used to measure smoke and other emissions of
heavy-duty motor vehicles.
(b) The granting of a waiver if compliance involves repair and
equipment costs which exceed the limits established by the Commission.
The Commission shall establish the limits in a manner which avoids
unnecessary financial hardship to owners of heavy-duty motor vehicles.
3. As used in this section, “heavy-duty motor vehicle” means a
motor vehicle that has a manufacturer’s gross vehicle weight rating of
10,001 pounds or more. The term does not include a passenger car.
(Added to NRS by 1991, 2018; A 2003, 599 )
1. The Department of Motor Vehicles shall adopt regulations which:
(a) Prescribe requirements for licensing authorized inspection
stations, authorized maintenance stations, authorized stations and fleet
stations. The regulations adopted by the Department of Motor Vehicles
pursuant to this paragraph must provide that a facility licensed as an
authorized inspection station:
(1) Except as otherwise provided in subparagraph (2), may
not, unless specifically authorized by the Commission, install, repair,
diagnose or adjust any component or system of a motor vehicle that
affects exhaust emissions.
(2) May perform the following activities in connection with
a motor vehicle:
(I) The changing of oil;
(II) The replacing of an oil filter, air filter, fuel
filter, belt or hose; and
(III) The servicing of a fuel injection system using
methods approved by the Division of Environmental Protection of the State
Department of Conservation and Natural Resources.
(b) Prescribe the manner in which authorized inspection stations,
authorized stations and fleet stations inspect motor vehicles and issue
evidence of compliance.
(c) Prescribe the diagnostic equipment necessary to perform the
required inspection. The regulations must ensure that the equipment
complies with any applicable standards of the United States Environmental
Protection Agency.
(d) Provide for any fee, bond or insurance which is necessary to
carry out the provisions of NRS 445B.700 to 445B.815 , inclusive.
(e) Provide for the issuance of a pamphlet for distribution to
owners of motor vehicles. The pamphlet must contain information
explaining the reasons for and the methods of the inspections.
2. The Department of Motor Vehicles shall issue a copy of the
regulations to each authorized inspection station, authorized maintenance
station, authorized station and fleet station.
(Added to NRS by 1977, 919; A 1979, 1034; 1985, 1993; 1993, 2857;
2001, 2620 ; 2005, 2323 )
1. The Department of Motor Vehicles shall, by regulation,
establish procedures for inspecting authorized inspection stations,
authorized maintenance stations, authorized stations and fleet stations,
and may require the holder of a license for an authorized inspection
station, authorized maintenance station, authorized station or fleet
station to submit any material or document which is used in the program
to control emissions from motor vehicles.
2. The Department may deny, suspend or revoke the license of an
approved inspector, authorized inspection station, authorized maintenance
station, authorized station or fleet station if:
(a) The approved inspector or the holder of a license for an
authorized inspection station, authorized maintenance station, authorized
station or fleet station is not complying with the provisions of NRS
445B.700 to 445B.815 , inclusive.
(b) The holder of a license for an authorized inspection station,
authorized maintenance station, authorized station or fleet station
refuses to furnish the Department with the requested material or document.
(c) The approved inspector has issued a fraudulent certificate of
compliance, whether intentionally or negligently. A “fraudulent
certificate” includes, but is not limited to:
(1) A backdated certificate;
(2) A postdated certificate; and
(3) A certificate issued without an inspection.
(d) The approved inspector does not follow the prescribed test
procedure.
(Added to NRS by 1977, 919; A 1979, 1034; 1985, 1994; 1993, 2857;
1995, 94; 2001, 2620 ; 2003, 1412 )
The authority set forth in NRS 445B.770 providing for a compulsory inspection
program is limited as follows:
1. In a county whose population is 100,000 or more, the following
categories of motor vehicles which are powered by motor vehicle fuel or
special fuel and require inspection pursuant to the regulations adopted
by the Commission under NRS 445B.770
are required to have evidence of compliance upon registration or
reregistration:
(a) All passenger cars;
(b) Light-duty motor vehicles; and
(c) Heavy-duty motor vehicles having a manufacturer’s gross vehicle
weight rating which does not exceed 10,000 pounds.
2. In areas which have been designated by the Commission for
inspection programs and which are located in counties whose populations
are 100,000 or more, all used motor vehicles which require inspection
pursuant to the regulations adopted by the Commission under NRS 445B.770
are required to have evidence of
compliance upon registration or reregistration.
3. In designated areas in other counties where the Commission puts
a program into effect, all used motor vehicles which require inspection
pursuant to the regulations adopted by the Commission under NRS 445B.770
are required to have evidence of
compliance upon registration or reregistration.
4. The board of county commissioners of a county containing a
designated area may revise its program for the designated area after
receiving the approval of the Commission.
5. Before carrying out the inspections of vehicles required
pursuant to the regulations adopted by the Commission pursuant to NRS
445B.770 , the Commission shall, by
regulation, adopt testing procedures and standards for emissions for
those vehicles.
(Added to NRS by 1975, 1408; A 1977, 921; 1979, 989; 1981, 1046;
1983, 1363; 1991, 2019; 1995, 95; 2003, 600 )
In a county whose population is 100,000 or more, the
Department of Motor Vehicles may conduct a test of the emissions from a
motor vehicle which is being operated on a highway in that county to
determine whether the vehicle complies with the provisions of NRS
445B.700 to 445B.845 , inclusive, and the regulations adopted
pursuant thereto.
(Added to NRS by 1995, 2353; A 2001, 2621 )
1. Subject to any applicable limitation of NRS 445B.700 to 445B.815 , inclusive, and any regulation adopted
pursuant thereto, no used motor vehicle which requires inspection
pursuant to the regulations adopted by the Commission under NRS 445B.770
may be registered unless the
application for registration is accompanied by evidence of compliance
issued by any authorized inspection station, authorized station or fleet
station certifying that the vehicle is equipped with devices for the
control of pollution from motor vehicles required by federal regulation
or such other requirements as the Commission may by regulation prescribe
under the provisions of NRS 445B.700
to 445B.845 , inclusive.
2. If:
(a) A seller of a used vehicle is required to complete a dealer’s
report of sale pursuant to the provisions of NRS 482.424 ; or
(b) A long-term lessor of a used vehicle is required to complete a
long-term lessor’s report of lease pursuant to the provisions of NRS
482.4245 ,
Ê the seller or long-term lessor shall also provide the buyer or
long-term lessee with any evidence of compliance required pursuant to
subsection 1.
3. The requirements of this section apply only:
(a) To passenger cars and light-duty motor vehicles which use
diesel fuel and are based in a county whose population is 100,000 or
more; and
(b) In counties where a program of inspecting and testing motor
vehicles and systems for the control of emissions from motor vehicles has
been implemented pursuant to NRS 445B.770 .
(Added to NRS by 1973, 1703; A 1975, 1074, 1407; 1977, 921; 1991,
2020; 1993, 1395, 2858; 1995, 95, 727, 2353)—(Substituted in revision for
NRS 445.640)
The provisions of NRS 445B.800 do
not apply to:
1. Transfer of registration or ownership between:
(a) Husband and wife; or
(b) Companies whose principal business is leasing of vehicles, if
there is no change in the lessee or operator of the vehicle.
2. Motor vehicles which are subject to prorated registration
pursuant to the provisions of NRS 706.801 to 706.861 ,
inclusive, and which are not based in this State.
3. Transfer of registration if evidence of compliance was issued
within 90 days before the transfer.
(Added to NRS by 1973, 1704; A 1977, 922; 1979, 568; 1985, 1994;
1995, 96)—(Substituted in revision for NRS 445.650)
In furtherance of the provisions of NRS
445B.700 to 445B.845 , inclusive, and the enforcement thereof, the
State Department of Conservation and Natural Resources shall consult with
the Department of Motor Vehicles and furnish it with technical
information, including testing techniques, procedures for quality
assurance and standards adopted by the Commission, and instruction for
emission control features and equipment.
(Added to NRS by 1973, 1704; A 1973, 1406; 1977, 922, 1038, 1143;
1985, 1994; 2001, 2621 )
1. Except as otherwise provided in subsection 2, persons employed
at branch offices of the Department of Motor Vehicles and the offices of
county assessors who are acting as agents of the Department in the
collection of fees for registration, shall not register:
(a) A passenger car or light-duty motor vehicle which:
(1) Uses motor vehicle fuel or special fuel;
(2) Is based in a county whose population is 100,000 or
more; and
(3) Requires inspection pursuant to the regulations adopted
by the Commission under NRS 445B.770 ;
(b) A heavy-duty motor vehicle having a manufacturer’s gross
vehicle weight rating which does not exceed 10,000 pounds, that:
(1) Uses motor vehicle fuel or special fuel;
(2) Is based in a county whose population is 100,000 or
more; and
(3) Requires inspection pursuant to the regulations adopted
by the Commission under NRS 445B.770 ;
or
(c) A vehicle which:
(1) Is based in an area of this State designated by the
Commission; and
(2) Requires inspection pursuant to the regulations adopted
by the Commission under NRS 445B.770 ,
Ê until evidence of compliance with NRS 445B.700 to 445B.845 , inclusive, has been provided.
2. An owner or lessee of a fleet of three or more vehicles may,
upon application to the Department of Motor Vehicles, submit evidence of
compliance for his motor vehicles in a manner determined by that
Department.
(Added to NRS by 1973, 1704; A 1977, 922; 1985, 1995; 1991, 2020;
1995, 96; 2001, 2621 ; 2003, 601 )
Any person may install a motor vehicle pollution control device,
but no person who is not employed by an authorized maintenance station,
authorized station or fleet station may install a device for
compensation. No such device shall be deemed to meet the requirements of
NRS 445B.770 to 445B.815 , inclusive, or regulations of the Commission
or Department unless it has been inspected in an authorized inspection
station, authorized station or fleet station, and evidence of compliance
has been issued by that station.
(Added to NRS by 1973, 1704; A 1977, 922; 1993, 2858)—(Substituted
in revision for NRS 445.680)
770 to 445B.815 , inclusive.
1. The Commission may provide for exemption from the provisions of
NRS 445B.770 to 445B.815 , inclusive, of designated classes of motor
vehicles, including classes based upon the year of manufacture of motor
vehicles.
2. The Commission shall provide for a waiver from the provisions
of NRS 445B.770 to 445B.815 , inclusive, if compliance involves repair
and equipment costs which exceed the limits established by the
Commission. The Commission shall establish the limits in a manner which
avoids unnecessary financial hardship to motor vehicle owners.
(Added to NRS by 1973, 1704; A 1977, 923)—(Substituted in revision
for NRS 445.690)
1. In areas of the State where and when a program is commenced
pursuant to NRS 445B.770 to 445B.815
, inclusive, the following fees must
be paid to the Department of Motor Vehicles and accounted for in the
Pollution Control Account, which is hereby created in the State General
Fund:
(a) For the issuance and annual renewal of a license for an
authorized inspection station, authorized maintenance station, authorized
station or fleet
station....................................................................
.................. $25
(b) For each set of 25 forms certifying emission control
compliance..................... 150
(c) For each form issued to a fleet
station....................................................................
.. 6
2. Except as otherwise provided in subsections 6, 7 and 8, and
after deduction of the amounts distributed pursuant to subsection 4,
money in the Pollution Control Account may, pursuant to legislative
appropriation or with the approval of the Interim Finance Committee, be
expended by the following agencies in the following order of priority:
(a) The Department of Motor Vehicles to carry out the provisions of
NRS 445B.770 to 445B.845 , inclusive.
(b) The State Department of Conservation and Natural Resources to
carry out the provisions of this chapter.
(c) The State Department of Agriculture to carry out the provisions
of NRS 590.010 to 590.150 , inclusive.
(d) Local governmental agencies in nonattainment or maintenance
areas for an air pollutant for which air quality criteria have been
issued pursuant to 42 U.S.C. § 7408, for programs related to the
improvement of the quality of the air.
(e) The Tahoe Regional Planning Agency to carry out the provisions
of NRS 277.200 with respect to the
preservation and improvement of air quality in the Lake Tahoe Basin.
3. The Department of Motor Vehicles may prescribe by regulation
routine fees for inspection at the prevailing shop labor rate, including,
without limitation, maximum charges for those fees, and for the posting
of those fees in a conspicuous place at an authorized inspection station
or authorized station.
4. The Department of Motor Vehicles shall make quarterly
distributions of money in the Pollution Control Account to local
governmental agencies in nonattainment or maintenance areas for an air
pollutant for which air quality criteria have been issued pursuant to 42
U.S.C. § 7408. The distributions of money made to agencies in a county
pursuant to this subsection must be made from an amount of money in the
Pollution Control Account that is equal to one-sixth of the amount
received for each form issued in the county pursuant to subsection 1.
5. Each local governmental agency that receives money pursuant to
subsection 4 shall, not later than 45 days after the end of the fiscal
year in which the money is received, submit to the Director of the
Legislative Counsel Bureau for transmittal to the Interim Finance
Committee a report on the use of the money received.
6. The Department of Motor Vehicles shall by regulation establish
a program to award grants of money in the Pollution Control Account to
local governmental agencies in nonattainment or maintenance areas for an
air pollutant for which air quality criteria have been issued pursuant to
42 U.S.C. § 7408, for programs related to the improvement of the quality
of the air. The grants to agencies in a county pursuant to this
subsection must be made from any excess money in the Pollution Control
Account. As used in this subsection, “excess money” means the money in
excess of $1,000,000 remaining in the Pollution Control Account at the
end of the fiscal year, after deduction of the amounts distributed
pursuant to subsection 4 and any disbursements made from the Account
pursuant to subsection 2.
7. Any regulations adopted pursuant to subsection 6 must provide
for the creation of an advisory committee consisting of representatives
of state and local agencies involved in the control of emissions from
motor vehicles. The committee shall:
(a) Review applications for grants and make recommendations for
their approval, rejection or modification;
(b) Establish goals and objectives for the program for control of
emissions from motor vehicles;
(c) Identify areas where funding should be made available; and
(d) Review and make recommendations concerning regulations adopted
pursuant to subsection 6 or NRS 445B.770 .
8. Grants proposed pursuant to subsections 6 and 7 must be
submitted to the appropriate deputy director of the Department of Motor
Vehicles and the Administrator of the Division of Environmental
Protection of the State Department of Conservation and Natural Resources.
Proposed grants approved by the appropriate deputy director and the
Administrator must not be awarded until approved by the Interim Finance
Committee.
(Added to NRS by 1973, 1704; A 1975, 315; 1977, 923; 1979, 109;
1981, 1059; 1985, 1995; 1989, 957; 1991, 1356, 1770, 2020; 1993, 596,
2859; 1997, 3079; 1999, 2723 , 2724 , 3593 ; 2001, 195 , 2622 , 2681 ; 2003, 180 , 2555 ; 2005, 896 )
1. If an authorized station or authorized inspection station is
required to collect a fee pursuant to subsection 1 of NRS 445B.830 , the station may charge a customer whose
vehicle is inspected by the station the amount of any electronic
transmission surcharge that the station incurs to obtain information
which the station is required by law to obtain with respect to that
customer’s vehicle.
2. An electronic transmission surcharge that is charged to a
customer pursuant to subsection 1 must be set forth as a separate entry
on the form certifying emission control compliance which the authorized
station or authorized inspection station provides to the customer.
3. As used in this section, “electronic transmission surcharge”
means the amount that an authorized station or authorized inspection
station is required to pay to a contractor who owns or operates a
database for the identification of vehicles for the transmission of
information regarding a particular vehicle from the database to the
authorized station or authorized inspection station.
(Added to NRS by 2001, 2680 )
1. If the board of county commissioners of a county is authorized
to impose an additional fee for each form certifying emission control
compliance, the board shall ensure that 2 percent of any such fee it
imposes is retained as a commission by the authorized station or
authorized inspection station that performs the inspection pursuant to
which the form certifying emission control compliance is issued.
2. As used in this section, “additional fee” does not include any
fee that is imposed pursuant to paragraph (a), (b) or (c) of subsection 1
of NRS 445B.830 .
(Added to NRS by 2001, 2681 )
1. The Department of Motor Vehicles may impose an administrative
fine, not to exceed $2,500, for a violation of any provision of NRS
445B.700 to 445B.845 , inclusive, or any rule, regulation or order
adopted or issued pursuant thereto. The Department shall afford to any
person so fined an opportunity for a hearing pursuant to the provisions
of NRS 233B.121 .
2. All administrative fines collected by the Department pursuant
to subsection 1 must be deposited with the State Treasurer to the credit
of the Pollution Control Account.
3. In addition to any other remedy provided by NRS 445B.700 to 445B.845 , inclusive, the Department may compel
compliance with any provision of NRS 445B.700 to 445B.845 , inclusive, and any rule, regulation or
order adopted or issued pursuant thereto, by injunction or other
appropriate remedy and the Department may institute and maintain in the
name of the State of Nevada any such enforcement proceedings.
(Added to NRS by 1991, 756; A 1993, 553; 2001, 2623 )
It is unlawful for any person to:
1. Possess any unauthorized evidence of compliance;
2. Make, issue or use any imitation or counterfeit evidence of
compliance;
3. Willfully and knowingly fail to comply with the provisions of
NRS 445B.700 to 445B.815 , inclusive, or any regulation adopted by the
Department of Motor Vehicles; or
4. Issue evidence of compliance if he is not a licensed inspector
of an authorized inspection station, authorized station or fleet station.
(Added to NRS by 1977, 919; A 1985, 1995; 1993, 2860; 2001, 2623
)
1. A violation of any provision of NRS 445B.700 to 445B.845 , inclusive, relating to motor vehicles, or
any regulation adopted pursuant thereto relating to motor vehicles, is a
misdemeanor. The provisions of NRS 445B.700 to 445B.845 , inclusive, or any regulation adopted
pursuant thereto, must be enforced by any peace officer.
2. Satisfactory evidence that the motor vehicle or its equipment
conforms to those provisions or regulations, when supplied by the owner
of the motor vehicle to the Department of Motor Vehicles within 10 days
after the issuance of a citation pursuant to subsection 1, may be
accepted by the court as a complete or partial mitigation of the offense.
(Added to NRS by 1973, 1705; A 1985, 1995; 2001, 2623 ; 2003, 601 )
