2005 Nevada Revised Statutes - Chapter 444 — Sanitation
DEFINITIONS
NRS 444.003 Healthauthority defined.
NRS 444.005 HealthDivision defined.
USED BEDDING AND MATTRESSES
NRS 444.010 Sterilizationand labeling required.
NRS 444.020 StateBoard of Health to adopt regulations concerning method of sterilization.
NRS 444.030 Enforcementby health authority.
NRS 444.040 Penalty.
TOILET FACILITIES
NRS 444.045 Paytoilet prohibited in publicly owned building.
NRS 444.047 Publicbody defined.
NRS 444.048 Areasleased by public body to provide public service required to have certain toiletfacilities available to public; exception; void and unenforceable contracts.
NRS 444.049 Reportingof violations of requirements concerning availability of toilet facilities topublic; duties of Attorney General.
COMMON TOWELS
NRS 444.050 Commontowel defined.
NRS 444.060 Usein public place prohibited; penalty.
PUBLIC SWIMMING POOLS AND BATHHOUSES; NUDIST COLONIES
NRS 444.065 Publicswimming pool defined.
NRS 444.070 Healthauthority to supervise public swimming pools and bathhouses; regulations.
NRS 444.080 Operationwithout permit unlawful; procedure for application for and granting of permit.
NRS 444.090 Inspection;reporting and publication of results.
NRS 444.100 Suspensionor revocation of permit: Grounds; procedure; regulations.
NRS 444.105 Personwith physical disability may use lifesaving device in public swimming pool;conditions.
NRS 444.110 Swimmingpool as public nuisance; abatement.
NRS 444.115 Competencyof lifeguard on duty at facility of State or local government.
NRS 444.120 Penalties.
CONSTRUCTION AND LABOR CAMPS
NRS 444.130 Sanitaryconditions of bunkhouses, tents and surrounding grounds of camp where five ormore persons are employed.
NRS 444.140 Airspace in bunkhouse or tent; bunk, bed or mattress to be supplied to employee.
NRS 444.150 Sanitaryconditions of dining rooms, kitchens, dishes and cooking utensils.
NRS 444.160 Toiletfacilities or portable facilities for temporarily holding sewage.
NRS 444.170 Disposalof garbage and drainage from kitchen sink.
NRS 444.180 Employerto keep camp clean; appointment of responsible person to keep camp clean.
NRS 444.190 Powersof health authority; abatement of construction camp as public nuisance.
NRS 444.200 Penalty.
CHILDRENS CAMPS
NRS 444.220 Childrenscamp defined.
NRS 444.230 Operationwithout license prohibited; procedure for application and granting of licenses;posting of license.
NRS 444.240 Feefor license; renewals.
NRS 444.250 Location,layout and drainage of camp; containers for garbage.
NRS 444.260 Equipmentand area used to prepare and store food to be kept clean; supply of water.
NRS 444.270 Toiletsand disposal systems or portable facilities for temporarily holding sewage.
NRS 444.280 Inspection;correction of failure to comply with standards; suspension or revocation oflicense.
NRS 444.290 Reinstatementof license.
NRS 444.300 Exemptionof certain employees from laws governing minimum wage.
NRS 444.310 Powersand duties of Health Division not limited by NRS444.220 to 444.320, inclusive.
NRS 444.320 Penalties.
PUBLIC INSTITUTIONS
NRS 444.330 Supervisionof state institutions by Health Division: Regulations; inspections and reports.
NRS 444.335 Supervisionof local institutions by health authority: Regulations; inspections andreports.
UNIFORM PLUMBING CODE
NRS 444.340 Declarationof state policy.
NRS 444.350 Compliancewith and local modification of Code; use of materials containing lead; approvalof amendments to Code by Chairman of State Public Works Board.
NRS 444.420 Dutiesof State Public Works Board.
NRS 444.430 Powerof local government to adopt regulations; procedure.
PLASTIC BOTTLES AND CONTAINERS
NRS 444.435 Definitions.
NRS 444.436 Manufactureor distribution prohibited without symbol indicating plastic resin used toproduce bottle or container; penalty.
NRS 444.437 Symbolsrequired; maintenance of list of symbols; copy of list to be provided uponrequest.
COLLECTION AND DISPOSAL OF SOLID WASTE
NRS 444.440 Declarationof state policy.
NRS 444.450 Definitions.
NRS 444.460 Disposalsite defined.
NRS 444.465 Municipalsolid waste landfill defined.
NRS 444.470 Municipalitydefined.
NRS 444.480 Persondefined.
NRS 444.490 Solidwaste defined.
NRS 444.495 Solidwaste management authority defined.
NRS 444.500 Solidwaste management system defined.
NRS 444.510 Municipalsolid waste management systems: Development, revision and approval of plans;cooperative agreements.
NRS 444.520 Municipalsolid waste management systems: Additional fees and charges; unpaid fees andcharges constitute lien against property; lien not effective until noticegiven.
NRS 444.530 Municipalsolid waste management systems: Regulations for operation.
NRS 444.540 Municipalsolid waste management systems: Acceptance and use of grants or appropriations.
NRS 444.550 Municipalsolid waste management systems: Authority to acquire land, machinery, equipmentor facilities.
NRS 444.553 Permitsto operate disposal sites: Issuance; requirements.
NRS 444.555 Useof certain disposal sites established by municipality restricted; penalty.
NRS 444.556 Municipalsolid waste landfills: Permit required; conditions of permit; disclosure ofrecords regarding application for permit; powers of solid waste managementauthority.
NRS 444.557 Municipalsolid waste landfills: Program to monitor compliance with permits, laws andregulations; allowance of intervention.
NRS 444.558 Municipalsolid waste landfills: Regulations for program of issuing permits.
NRS 444.560 Regulationsof State Environmental Commission: Adoption; fees; violation prohibited afterreasonable time.
NRS 444.570 Dutiesof State Department of Conservation and Natural Resources and StateEnvironmental Commission; inspections.
NRS 444.580 Authorityof district board of health or municipality to adopt regulations and issuepermits.
NRS 444.583 Unlawfuldisposal of motor vehicle battery, motor vehicle tire or motor oil; penalty;plan for appropriate disposal; exemption.
NRS 444.585 Ownershipof recyclable materials; unauthorized collection of recyclable materialsprohibited; penalty; civil remedy.
NRS 444.587 Divisionof Environmental Protection: Development of markets for products made fromrecycled materials; reports to Legislature. [Repealed.]
NRS 444.590 Designationof State Department of Conservation and Natural Resources as state agency forparticipation in federal program; extent of authority.
NRS 444.592 Solidwaste management authority: Powers of protection and enforcement.
NRS 444.594 Solidwaste management authority: Contents of orders for protection or enforcement.
NRS 444.596 Solidwaste management authority: Recovery of civil penalties for violations.
NRS 444.598 Solidwaste management authority: Recovery of damages resulting from violations.
NRS 444.600 Injunctiverelief.
NRS 444.605 Issuanceand enforcement of subpoenas.
NRS 444.610 Unlawfulacts; penalties.
NRS 444.615 SolidWaste Management Account: Creation; deposits.
NRS 444.616 SolidWaste Management Account: Distribution and use.
NRS 444.620 Applicabilityof plans and provisions.
UNLAWFUL DISPOSAL OF SOLID WASTE OR SEWAGE
NRS 444.621 Definitions.
NRS 444.623 Dumpsite defined.
NRS 444.625 Solidwaste defined.
NRS 444.627 Solidwaste management authority defined.
NRS 444.629 Programfor control of unlawful dumping: Establishment in certain larger counties;administration; required elements; delegation of certain powers from solidwaste management authority to hearing officer or board.
NRS 444.630 Prohibitedacts; criminal penalty; clean up of dump site; community service; timing ofcommencement of clean up; proof of lawful disposal; revocation of businesslicense; identification of violator; persons required to enforce provisions;issuance of citation; request for and provision of information.
NRS 444.635 Civilpenalties: Liability upon each conviction; increase of penalty for subsequentconviction; payment in installments; collection; disposition and use of moneycollected.
NRS 444.637 Performanceof certain functions by nonprofit organization.
NRS 444.639 Issuanceand enforcement of subpoenas.
NRS 444.640 Rewardfor information leading to arrest and conviction of violator; regulations.
NRS 444.645 Noticeof provision of NRS 444.555 or
DISPOSAL OF SEWAGE
NRS 444.650 Regulationsto control use of residential individual system.
_________
DEFINITIONS
NRS
(Added to NRS by 1969, 1021)
NRS
(Added to NRS by 1963, 954; A 1967, 1170; 1973, 1406)
USED BEDDING AND MATTRESSES
NRS
[1:77:1935; 1931 NCL 5314.01]
NRS
[2:77:1935; 1931 NCL 5314.02]
NRS
[3:77:1935; A 1945, 126; 1943 NCL 5314.03](NRS A1969, 1019)
NRS
[4:77:1935; 1931 NCL 5314.04]
TOILET FACILITIES
NRS
(Added to NRS by 1975, 1164)
NRS
(Added to NRS by 1997, 784)
NRS
1. Except as otherwise provided in this section, eacharea that is leased by or on behalf of a public body and is used primarily toprovide a service to the public must have at least one toilet facility which isaccessible to a person with a disability within the leased area or, if theleased area is a part of a complex of leased areas, within the common area ofthe complex. The toilet facility must:
(a) Be available for use by members of the public.
(b) Comply with the regulations regarding accessibilityof a toilet facility promulgated pursuant to the Americans with DisabilitiesAct of 1990, 42 U.S.C. 12101 et seq.
(c) If a corridor leads to the toilet facility, bemarked at the entrance to the corridor with a sign which:
(1) Conforms to the requirements related tosignage contained in 4.30 et seq. of the Americans with Disabilities ActAccessibility Guidelines for Buildings and Facilities set forth in Appendix Aof Part 36 of Title 28 of the Code of Federal Regulations; and
(2) Uses symbols, raised letters and Braille to:
(I) Identify the toilet facility and thegender of persons who may use the toilet facility; and
(II) Indicate whether the toilet facilityis for the exclusive use of persons of one gender and, if applicable, providedirection to a toilet facility that may be used by persons of the other gender.
2. The provisions of subsection 1 do not apply to aleased area within a state park for which toilet facilities are otherwiseaccessible to members of the public.
3. A contract to lease an area that does not satisfythe requirements of subsection 1 which is entered into on or after October 1,1997, is void and unenforceable.
(Added to NRS by 1997, 784; A
NRS
1. A person may report aviolation of NRS 444.048 to the AttorneyGeneral of the State of Nevada.
2. Upon receiving a report pursuant to subsection 1,the Attorney General shall notify the public body responsible for the allegedviolation. Not later than 30 days after receiving such notification, the publicbody shall:
(a) Present evidence to the Attorney General that it isin compliance with NRS 444.048; or
(b) Begin any action necessary to comply with therequirements of NRS 444.048 and notifythe Attorney General of the date on which it will be in compliance with thoserequirements.
3. If the public body fails to comply with
(Added to NRS by 1997, 784)
COMMON TOWELS
NRS
[1:17:1925; NCL 10549]
NRS
1. It shall be unlawful for any person owning,operating or managing a public place of any kind or character to exhibit foruse or permit the use of a common towel as described in
2. Any person violating any of the provisions of thissection shall be guilty of a misdemeanor.
[2:17:1925; NCL 10550] + [3:17:1925; NCL 10551](NRS A 1967, 579)
PUBLIC SWIMMING POOLS AND BATHHOUSES; NUDIST COLONIES
NRS
1. Except as otherwise provided in subsection 2, asused in NRS 444.065 to
2. The term does not include any such structure at:
(a) A private residence if the structure is controlledby the owner or other authorized occupant of the residence and the use of thestructure is limited to members of the family of the owner or authorized occupantof the residence or invited guests of the owner or authorized occupant of theresidence.
(b) A family foster home as defined in
(c) A child care facility, as defined in
(d) Any other residence or facility as determined bythe State Board of Health.
(Added to NRS by 1993, 2504)
NRS
1. The health authority shall supervise thesanitation, healthfulness, cleanliness and safety of public swimming pools andbathhouses and the State Board of Health or local board of health may adopt andenforce such rules and regulations pertaining thereto as it deems necessary tocarry out the provisions of NRS 444.065to 444.120, inclusive.
2. Rules and regulations adopted pursuant tosubsection 1 must not deny the use of a public spa to a child who is under 12years of age and has adult supervision.
[1:38:1935; 1931 NCL 5313.01](NRS A 1963, 954;1969, 1019; 1987, 184; 1993, 2504; 1995, 66)
NRS
1. It shall be unlawful for any person, firm,corporation, institution or municipality to construct or to operate or continueto operate any public swimming pool, bathhouse, or nudist colony, or anystructure intended to be used for swimming or bathing purposes within the Stateof Nevada without a permit to do so from the health authority.
2. Any person, firm, corporation, institution ormunicipality desiring to construct or to operate and maintain any publicswimming pool, bathhouse or structure intended to be used for swimming orbathing purposes within the State of Nevada shall file an application forpermission to do so with the health authority.
3. The application shall state:
(a) The source of water supply.
(b) The amount and quality of water available andintended to be used.
(c) The method and manner of water purification,treatment, disinfection, heating, regulating and cleaning.
(d) The lifesaving apparatus and measures to insuresafety of bathers.
(e) The measures to insure personal cleanliness ofbathers.
(f) The methods and manner of washing, disinfecting,drying and storing bathing apparel and towels.
(g) All other information and statistics that may berequired by the regulations of the State Board of Health or local board ofhealth.
4. Upon receipt of the application, the healthauthority shall cause an investigation to be made of the proposed or existingpool, and if the health authority determines as a fact that the same is or mayreasonably be expected to become unclean or insanitary or may constitute amenace to public health, the health authority shall deny the permit. If thehealth authority determines as a fact that the same is or may reasonably beexpected to be conducted continuously in a clean and sanitary manner and willnot constitute a menace to public health, the health authority shall grant thepermit under such restrictions as the authority shall deem proper.
[2:38:1935; 1931 NCL 5313.02](NRS A 1963, 954;1969, 1019)
NRS
1. For the purposes of
2. The results of an inspection must be reported tothe health authority within 7 days following the inspection.
3. The health authority may publish the report of theinspection.
[3:38:1935; 1931 NCL 5313.03](NRS A 1963, 955;1969, 1020; 1987, 184; 1993, 1327, 2505)
NRS
1. Except as otherwise provided in subsection 2, anypermit granted by the health authority pursuant to
2. Except in the case of a violation of
(a) A written notice of the determination that theplace is being operated in such a manner;
(b) A written statement of the facts upon which thedetermination was made; and
(c) A list of actions necessary to correct theinsanitary, unclean or dangerous conditions.
Thepermittee must be allowed, from the time he receives the notice of the suspension,a reasonable time not less than 48 hours to correct the offensive conditions.If the required corrections are not made within the time allowed, the healthauthority may revoke the permit.
3. The State Board of Health shall adopt regulationswhich provide for a timely review of such revocations and suspensions duringwhich the health authority and the permittee must be given an opportunity to beheard.
[4:38:1935; 1931 NCL 5313.04](NRS A 1963, 955;1969, 1020; 1987, 185, 1470)
NRS
(Added to NRS by 1987, 184)
NRS
[5:38:1935; 1931 NCL 5313.05](NRS A 1963, 955;1969, 1020; 1993, 2505)
NRS
1. If a lifeguard is on duty at a facility or otherproperty owned or operated by the State of Nevada or a political subdivisionthereof where recreational swimming is available in a natural or artificialbody of water, the lifeguard must have satisfactorily completed an advancedlifesaving course offered by the Red Cross or an equivalent course. A currentcertificate indicating that the lifeguard has satisfactorily completed such acourse must be posted in a prominent place near the lifeguards workstation orotherwise be made available for public inspection during all business hours.
2. The employer of such a lifeguard may require thelifeguard to demonstrate his competency at any time during his employment.
(Added to NRS by 1993, 1327)
1. Any person, whether as principal or agent, oremployer or employee, who violates any of the provisions of
2. Each day that conditions or actions in violation ofNRS 444.065 to
[6:38:1935; 1931 NCL 5313.06](NRS A 1967, 579;1987, 185; 1993, 2505)
CONSTRUCTION AND LABOR CAMPS
NRS
1. In or at any construction or labor camp where fiveor more persons are employed, bunkhouses, tents or other suitable sleeping placesmust be provided for all the employees. The bunkhouses, tents or other sleepingplaces shall:
(a) Be in good structural condition, and so constructedas to provide shelter to the occupants against the elements and so as toexclude dampness in inclement weather.
(b) Be kept in a cleanly state, and free from verminand matter of an infectious and contagious nature.
2. The grounds around such bunkhouses, tents or othersleeping places shall be kept clean and free from accumulations of dirt, filth,garbage and other deleterious matter.
[1:47:1923; NCL 2816](NRS A 1957, 224)
NRS
1. Every bunkhouse, tent or other sleeping place usedfor the purpose of a lodging or sleeping apartment in such camp shall containsufficient air space to insure an adequate supply of fresh air for each personoccupying such bunkhouse, tent or other sleeping place.
2. Suitable bunks or beds shall be provided for allemployees. Such bunks or beds shall be made of steel, canvas or other sanitarymaterial, and shall be so constructed as to afford reasonable comfort to thepersons occupying the same. A clear space of at least 20 inches extending fromthe floor to the ceiling or roof of any bunkhouse, tent or other sleeping placemust be allowed between each bed or bunk in any bunkhouse, tent or sleepingplace.
3. Upon the request of an employee, he must besupplied with a mattress or some equally comfortable bedding for which areasonable charge may be made, the same to be deducted from his wages. Whenstraw or other substitute for a mattress is used, a container or tick must beprovided.
[2:47:1923; NCL 2817]
NRS
1. Every mess house, dining room, mess tent, diningtent, kitchen or other structure where food is cooked, prepared or served insuch camp shall be kept in a clean and sanitary state, and the openings of suchstructures shall be screened.
2. All dishes, cooking utensils, or other vessels inwhich food is prepared or kept or from which food is to be eaten, and all knives,forks, spoons and other implements used in the eating of food must be kept in aclean, unbroken and sanitary condition.
[3:47:1923; NCL 2818]
NRS
[4:47:1923; NCL 2819](NRS A 1993, 2639)
NRS
1. All garbage, kitchen wastes and other rubbish insuch camp shall be deposited in suitable covered receptacles which shall beemptied daily, or oftener if necessary, and the contents burned, buried orotherwise disposed of in such a way as not to be or become offensive orinsanitary.
2. All drainage from the kitchen sink shall be carriedthrough a covered drain to a covered septic tank or otherwise disposed of insuch a way as not to become offensive or insanitary.
[5:47:1923; NCL 2820](NRS A 1969, 1020)
NRS
1. Any person, firm, corporation, agent or officer ofa firm or corporation employing persons to work in or at camps to which theprovisions of NRS 444.130 to
2. At every such camp such owner, superintendent oroverseer shall appoint a responsible person to assist in keeping the campclean.
[6:47:1923; NCL 2821]
NRS
1. The health authority shall administer
2. The health authority shall secure the enforcementof the provisions of NRS 444.130 to
(a) To enter upon either public or private propertywithin the State to determine whether or not there exists upon such propertyany camp to which the provisions of NRS444.130 to 444.200, inclusive, mayapply.
(b) To enter and inspect all camps within the State ofNevada wherever the same may be situated, and to inspect all accommodations,equipment or paraphernalia connected therewith.
(c) To enter upon and inspect all adjacent landsurrounding any such camp to determine whether or not the sanitary and otherrequirements of NRS 444.130 to
3. Any camp coming under the provisions of
[7:47:1923; NCL 2822](NRS A 1963, 955; 1969, 1020)
NRS
[8:47:1923; NCL 2823](NRS A 1967, 580)
CHILDRENS CAMPS
NRS
(Added to NRS by 1967, 1049; A 1985, 516)
NRS
1. The boards of health of health districts andcounties shall issue licenses to qualified applicants for the operation ofchildrens camps. No childrens camp may be operated without first obtainingsuch a license.
2. Annually or before May 1, every person operating orseeking to operate a childrens camp shall make application in writing to theboard of health of the appropriate health district or county for a license toconduct a childrens camp. The application shall be in such form and shallcontain such information as the board of health finds necessary to determinethat the childrens camp will be operated and maintained in accordance with thestandards prescribed by NRS 444.220 to
3. When a person operates or is seeking to operatemore than one childrens camp, a separate application shall be made, andlicense obtained, for each camp.
4. The license shall be posted in a conspicuous placeon the premises occupied by each camp.
(Added to NRS by 1967, 1049)
NRS
(Added to NRS by 1967, 1049)
NRS
1. Every childrens camp shall be located on welldrained ground near an adequate safe water supply.
2. The general layout of a childrens camp shall beplanned to lessen fire, accident and disease hazards.
3. In every childrens camp all kitchen, toilet, bathand other drainage shall be disposed of in such manner as to prevent fly andmosquito breeding and the pollution of any water or food supply.
4. A reasonable number of watertight metal garbage containerswith lids shall be provided. The containers shall be emptied and cleaned asnecessary, and the garbage disposed of in accordance with minimum standards ofthe appropriate board of health of a health district or county.
(Added to NRS by 1967, 1049)
NRS
1. All food storage, preparation and service space andequipment in childrens camps shall be maintained clean and free from dust andinsects, and the equipment shall be disinfected after each use.
2. Refrigeration equipment in such camps shall beavailable with provisions for preserving perishable foods in a temperature ofnot over 50o F.
3. Each such camp shall be provided with a watersupply of sufficient quantity of a safe sanitary quality, meeting the minimumstandards of the board of health of the appropriate health district or county.
4. Crossflow or backflow connections with contaminatedwater supplies or other possible sources of contamination are prohibited insuch camps.
(Added to NRS by 1967, 1050)
NRS
1. Every childrens camp must have suitable toiletsand disposal systems or portable facilities for temporarily holding sewage thatis treated with chemicals which conform to the provisions of the UniformPlumbing Code of the International Association of Plumbing and MechanicalOfficials, as adopted by the Health Division, and all applicable administrativeregulations which pertain to the disposal of sewage.
2. A childrens camp must provide one toilet orportable facility for every 15 persons or fraction thereof in the camppopulation.
(Added to NRS by 1967, 1050; A 1993, 2639)
NRS
1. The board of health of the appropriate healthdistrict or county may make such inspections of each childrens camp as itfinds necessary and when it is found that there is a failure to comply with anyof the standards prescribed by NRS 444.220to 444.320, inclusive, such board ofhealth shall give notice to the camp operator of such failure, which noticeshall set forth the law violated.
2. The childrens camp operator shall have areasonable time after receiving such notice in which to correct such failureand to comply with the standards prescribed by
3. In the event the camp operator fails to comply withthe requirements of such notice within a reasonable time such board of healthmay suspend or revoke his license.
(Added to NRS by 1967, 1050)
NRS
(Added to NRS by 1967, 1050)
NRS
(Added to NRS by 1967, 1050)
NRS
(Added to NRS by 1967, 1050)
NRS
(Added to NRS by 1967, 1050)
PUBLIC INSTITUTIONS
NRS
1. The Health Division has supervision over thesanitation, healthfulness, cleanliness and safety, as it pertains to theforegoing matters, of the following state institutions:
(a) Institutions and facilities of the Department ofCorrections.
(b) Northern Nevada Adult Mental Health Services.
(c) Nevada Youth Training Center, Caliente Youth Centerand any other state facility for the detention of children that is operatedpursuant to title 5 of NRS.
(d) Nevada System of Higher Education.
2. The State Board of Health may adopt regulationspertaining thereto as are necessary to promote properly the sanitation,healthfulness, cleanliness and, as it pertains to the foregoing matters, thesafety of those institutions.
3. The State Health Officer or his authorized agentshall inspect those institutions at least once each calendar year and wheneverhe deems an inspection necessary to carry out the provisions of this section.
4. The State Health Officer may publish reports of theinspections.
5. All persons charged with the duty of maintenanceand operation of the institutions named in this section shall operate theinstitutions in conformity with the regulations adopted by the State Board ofHealth pursuant to subsection 2.
6. The State Health Officer or his authorized agentmay, in carrying out the provisions of this section, enter upon any part of thepremises of any of the institutions named in this section over which he hasjurisdiction, to determine the sanitary conditions of the institutions and todetermine whether the provisions of this section and the regulations of theState Board of Health pertaining thereto are being violated.
(Added to NRS by 1969, 1021; A 1973, 117, 227, 1636;1983, 728; 1989, 1961; 1993, 403;
NRS
1. The health authority shall have supervision overthe sanitation, healthfulness, cleanliness and safety, as it pertains to theforegoing matters, of the following city, county and private institutions:
(a) Jails, correctional institutions and otherinstitutions performing similar functions;
(b) Schools; and
(c) School gymnasiums.
2. The State Board of Health shall, with respect tojails, correctional institutions and other institutions performing similarfunctions, and may, with respect to the other institutions named in subsection1, adopt and enforce such regulations as are necessary to promote properly thesanitation, healthfulness, cleanliness and safety, as it pertains to theforegoing matters, of those institutions.
3. The health authority shall inspect thoseinstitutions at least once each calendar year and at such other times as, inits discretion, it deems an inspection necessary to carry out the provisions ofthis section, except that inspections of schools and gymnasiums shall be madeat least twice each year, once during each semester.
4. A report of the findings of an inspection must bemade to the State Health Officer within 20 days following the inspection. TheState Health Officer may from time to time, in his discretion, publish thereports of those inspections.
5. All persons charged with the duty of maintenanceand operation of the institutions named in this section shall operate thoseinstitutions in conformity with regulations relating to sanitation, healthfulness,cleanliness and safety, as it pertains to the foregoing matters, adopted by theState Board of Health.
6. The health authority may, in carrying out theprovisions of this section, enter upon any part of the premises of any of theinstitutions named in this section over which it has jurisdiction, to determinethe sanitary conditions of those places and to determine whether the provisionsof this section and the regulations of the State Board of Health pertainingthereto are being violated.
(Added to NRS by 1973, 228; A 1979, 1009)
UNIFORM PLUMBING CODE
NRS
1. That uniformity is a matter of statewide interestand concern, affecting health and environmental conditions, housing costs andefficiency in private housing construction.
2. That, by allowing local governments to waive andmodify provisions of the Uniform Plumbing Code, adopted by the InternationalAssociation of Plumbing and Mechanical Officials, based on differences ingeographic and climatic conditions only upon submission of such proposedwaivers and modifications to the State Public Works Board, excessive waiversand modifications would be deterred.
(Added to NRS by 1971, 233; A 1977, 1219)
NRS
1. Any construction, alteration or change in the useof a building or other structure in this state must be in compliance with theUniform Plumbing Code of the International Association of Plumbing andMechanical Officials in the form most recently adopted by that Association,unless the State Public Works Board posts a notice of disapproval of anyamendment to the Code pursuant to subsection 5.
2. Any city or county may adopt such modifications asare deemed reasonably necessary because of its geographic, topographic orclimatic conditions. Any city or county desiring to make changes to the UniformPlumbing Code must, before its adoption, submit the Code with the proposedamendments to the State Public Works Board.
3. No city or county may allow the use of any solderor flux that contains more than 0.2 percent lead or allow the use of any pipeor pipe fitting that contains more than 8 percent lead in the installation orrepair of a public water system or any residence or facility connected to apublic water system. As used in this subsection, public water system has themeaning ascribed to it in NRS 445A.840.
4. A facility used by members of the public whoseconstruction or renovation begins on or after January 1, 1994, must provide onits premises a sufficient number of water closets and urinals to comply withthe minimum standards set forth in the Uniform Plumbing Code. As used in thissubsection, facility used by members of the public means any motion picturehouse, theater, concert hall, community hall, sports arena, stadium, ski resortor other permanent place of exhibition or entertaining to which members of thepublic are invited or which is intended for public use. The term does notinclude:
(a) A hotel as defined in
(b) A food establishment as defined in
(c) A childrens camp as defined in
(d) A historic structure as defined in
(e) A public or private school.
(f) A convention hall.
5. The Chairman of the State Public Works Board or hisdesignee shall review each amendment to the Uniform Plumbing Code and approveor disapprove of the amendment for use in Nevada. If the Chairman does not posta notice of disapproval within 30 days after an amendment is published, theamendment shall be deemed approved for this state.
6. As used in this section, unless the contextotherwise requires, convention hall means a facility which incorporates bothspace for exhibitions and a substantial number of smaller spaces for meetings,and which is primarily for use by trade shows, public shows, conventions orrelated activities.
(Added to NRS by 1971, 233; A 1975, 201; 1977, 1219;1985, 372; 1989, 1094; 1991, 482; 1993, 324; 1995, 1529, 2506, 2507)
NRS
1. Review all proposed adoptions of the UniformPlumbing Code by any city or county and any proposed changes to the UniformPlumbing Code, and advise such city or county on whether or not such change isdeemed warranted by geographic, topographic or climatic conditions.
2. Submit a copy of the Uniform Plumbing Code adoptedby any city or county to the Health Division.
(Added to NRS by 1971, 234; A 1973, 1406; 1975, 202; 1977,1220)
NRS
1. The governing body of any city or county shall, 60days prior to the adoption of any regulation for the enforcement of the UniformPlumbing Code or any other regulations pursuant thereto, deliver by certifiedor registered mail, a copy of the proposed regulation to the State Public WorksBoard for the Boards recommendation on the proposed regulation.
2. The governing body of the city or county may, 60days after the State Public Works Board receives the copy of the proposedregulation, adopt the regulation with or without the approval of the StatePublic Works Board.
(Added to NRS by 1971, 235; A 1975, 202; 1977, 1220)
PLASTIC BOTTLES AND CONTAINERS
NRS
1. Plastic means a material made of polymericorganic compounds and additives that can be shaped by flow.
2. Plastic bottle means a plastic container intendedfor single use that has a:
(a) Neck smaller than the body of the container;
(b) Screw-top, snap-cap or other closure; and
(c) Capacity of not less than 16 fluid ounces nor morethan 5 gallons.
3. Rigid plastic container means a formed or moldedcontainer intended for a single use, composed predominantly of plastic resin,that has a relatively inflexible finite shape or form and a capacity of notless than 8 ounces nor more than 5 gallons. The term does not include a plasticbottle.
(Added to NRS by 1991, 1102)
NRS
1. A person shall not manufacture or distribute aplastic bottle or rigid plastic container unless the appropriate symbolindicating the plastic resin used to produce the bottle or container, asprovided in NRS 444.437, is molded intoor imprinted on the bottom or near the bottom of the bottle or container.
2. A person who violates subsection 1 shall bepunished by a fine of not more than $500 for each violation.
(Added to NRS by 1991, 1102)
NRS
1. The symbol required by
(a) A number placed within a triangle of arrows; and
(b) Letters placed below the triangle of arrows.
The trianglemust be equilateral, formed by three arrows with the apex of each point of thetriangle at the midpoint of each arrow, rounded with a short radius. Thearrowhead of each arrow must be at the midpoint of each side of the trianglewith a short gap separating the arrowhead from the base of the adjacent arrow.The triangle formed by the arrows must depict a clockwise path around thenumber.
2. The following letters and numbers must be used toindicate the following plastic resins:
(a) PETE and 1 to indicate polyethyleneterephthalate.
(b) HDPE and 2 to indicate high densitypolyethylene.
(c) V and 3 to indicate vinyl.
(d) LDPE and 4 to indicate low densitypolyethylene.
(e) PP and 5 to indicate polypropylene.
(f) PS and 6 to indicate polystyrene.
(g) OTHER and 7 to indicate all other plasticresins.
3. A plastic bottle or rigid plastic container with abase cup or other component of a material different from the basic materialused in making the bottle or container may, if the materials are compatible inrecycling systems, bear the symbol indicating its basic material even if thesymbol is applied to the base cup of the secondary material. If the materialsare not compatible, the bottle or container shall bear the symbol 7 orOTHER.
4. The State Department of Conservation and NaturalResources shall:
(a) Maintain a list of the symbols; and
(b) Provide a copy of that list to any person uponrequest.
(Added to NRS by 1991, 1102)
COLLECTION AND DISPOSAL OF SOLID WASTE
NRS
1. Protect public health and welfare.
2. Prevent water or air pollution.
3. Prevent the spread of disease and the creation ofnuisances.
4. Conserve natural resources.
5. Enhance the beauty and quality of the environment.
(Added to NRS by 1971, 1178)
NRS
(Added to NRS by 1971, 1178; A 1987, 1491; 1991,1672, 2191; 1993, 14)
NRS
(Added to NRS by 1971, 1178; A 1993, 14)
NRS
(Added to NRS by 1993, 10)
NRS
(Added to NRS by 1971, 1178)
NRS
(Added to NRS by 1971, 1178; A 1985, 516)
NRS
(Added to NRS by 1971, 1178; A 1981, 888)
NRS
1. The district board of health in any area in which ahealth district has been created pursuant to NRS439.362 or 439.370 and in any areaover which the board has authority pursuant to an interlocal agreement, if theboard has adopted all regulations that are necessary to carry out theprovisions of NRS 444.440 to
2. In all other areas of the State, the Division ofEnvironmental Protection of the State Department of Conservation and NaturalResources.
(Added to NRS by 1993, 10; A
NRS
(Added to NRS by 1971, 1178; A 1981, 858; 1993, 14)
NRS
1. The governing body of every municipality ordistrict board of health created pursuant to NRS439.362 or 439.370 shall develop aplan to provide for a solid waste management system which adequately providesfor the management and disposal of solid waste within the boundaries of themunicipality or within the area to be served by the system, whether generatedwithin or outside of the boundaries of the area.
2. The plan may include ordinances adopted pursuant toNRS 444.520 and
3. Such a governing body may enter into agreementswith governing bodies of other municipalities, or with any person, or with acombination thereof, to carry out or develop portions of the plan provided forin subsection 1, or both, and to provide a solid waste management system, orany part thereof.
4. Any plan developed by the governing body of amunicipality or district board of health created pursuant to
5. An approved plan remains in effect until the planis revised and the revised plan is approved. A plan must not conflict with thestatewide plan adopted by the State Environmental Commission pursuant to
(Added to NRS by 1971, 1178; A 1975, 1401; 1977,1138; 1983, 1261; 1991, 2191; 1993, 14;
NRS
1. The governing body of any municipality which has anapproved plan for the management of solid waste may, by ordinance, provide forthe levy and collection of other or additional fees and charges and requiresuch licenses as may be appropriate and necessary to meet the requirements of
2. The fees authorized by this section are not subjectto the limit on the maximum allowable revenue from fees established pursuant toNRS 354.5989.
3. Until paid, any fee or charge levied pursuant tosubsection 1 constitutes a perpetual lien against the property served, superiorto all liens, claims and titles other than liens for general taxes and specialassessments. The lien is not extinguished by the sale of any property onaccount of nonpayment of any other lien, claim or title, except liens forgeneral taxes and special assessments. The lien may be foreclosed in the samemanner as provided for the foreclosure of mechanics liens.
4. A lien against the property served is not effectiveuntil a notice of the lien, separately prepared for each lot affected, is:
(a) Mailed to the last known owner at his last knownaddress according to the records of the county in which the property is located;
(b) Delivered to the office of the county recorder ofthe county in which the property is located;
(c) Recorded by the county recorder in a book kept byhim for the purpose of recording instruments encumbering land; and
(d) Indexed in the real estate index as deeds and otherconveyances are required by law to be indexed.
(Added to NRS by 1971, 1179; A 1991, 1672;
NRS
(Added to NRS by 1971, 1179; A 1975, 1401)
NRS
(Added to NRS by 1971, 1179)
NRS
1. The governing body of any municipality may contractfor the lease or purchase of land, facilities, vehicles, machinery or any otherthing necessary to the installation or operation of a solid waste managementsystem.
2. The authority provided for in subsection 1 may alsobe exercised in combination with another person or governing body of amunicipality.
(Added to NRS by 1971, 1179)
NRS
1. The solid waste management authority shall, inaccordance with the regulations of the State Environmental Commission adoptedpursuant to NRS 444.560, issue permitsto operate disposal sites.
2. A person shall not operate or authorize theoperation of a disposal site unless the operator:
(a) Holds a permit to operate the disposal site issuedby the solid waste management authority; and
(b) Complies with the terms and conditions of thepermit.
(Added to NRS by 1993, 12)
NRS
1. The residents of the municipality; or
2. Tourists in the area for noncommercial reasons.
Any personviolating the provisions of this section is guilty of a misdemeanor.
(Added to NRS by 1987, 1491)
NRS
1. Before constructing or operating a municipal solidwaste landfill, the owner or operator of the landfill shall obtain a permitissued by the solid waste management authority.
2. A permit for the construction or operation of amunicipal solid waste landfill is subject to the general conditions of theResource Conservation and Recovery Act of 1976, Subtitle D, 42 U.S.C. 6941et seq., and the regulations adopted pursuant thereto.
3. Any documents submitted in connection with anapplication for a permit, including any modifications requested by the solidwaste management authority that require corrective action to the proposedconstruction or operation, are public records and must be made available forpublic comment. The final determinations made by the solid waste managementauthority on an application for a permit are public records.
4. A permit issued by a solid waste managementauthority must be conditioned upon all requirements that are necessary toensure continuing compliance with:
(a) The requirements of the Resource Conservation andRecovery Act of 1976, Subtitle D, 42 U.S.C. 6941 et seq., and theregulations adopted pursuant thereto, which describe:
(1) General standards for a municipal solidwaste landfill;
(2) Restrictions on the location of such alandfill;
(3) Criteria for the operation of such alandfill;
(4) Criteria for the design of such a landfill;
(5) Requirements for monitoring groundwater andstandards for corrective actions related thereto;
(6) Standards of care related to the closure ofsuch a landfill; and
(7) Financial requirements for the owners oroperators of such landfills;
(b) The applicable regulations of the StateEnvironmental Commission; and
(c) The applicable laws of this State.
5. A solid waste management authority may:
(a) Obtain, and the owner or operator of a municipalwaste landfill shall deliver upon request, any information necessary todetermine whether the owner or operator is or has been in compliance with theterms and conditions of the permit, the regulations of the State EnvironmentalCommission, the applicable laws of this State and the provisions of theResource Conservation and Recovery Act of 1976, Subtitle D, 42 U.S.C. 6941et seq., and the regulations adopted pursuant thereto;
(b) Conduct monitoring or testing to ensure that theowner or operator is or has been in compliance with the terms and conditions ofthe permit; and
(c) Enter any site or premises subject to the permit,during normal business hours, on which records relevant to the municipal solidwaste landfill are kept in order to inspect those records.
(Added to NRS by 1993, 11)
NRS
1. A solid waste management authority shall establisha program to monitor the compliance of a municipal solid waste landfill withthe terms and conditions of the permit issued for that landfill, theregulations of the State Environmental Commission, the applicable laws of thisstate and the provisions of the Resource Conservation and Recovery Act of 1976,Subtitle D, 42 U.S.C. 6941 et seq., and the regulations adopted pursuantthereto. The program must include procedures to:
(a) Verify the accuracy of any information submitted bythe owner or operator of the landfill to the authority;
(b) Verify the adequacy of sampling procedures andanalytical methods used by the owner or operator of the landfill; and
(c) Require the owner or operator to produce allevidence which would be admissible in a proceeding to enforce compliance.
2. The solid waste management authority shall receiveand give appropriate consideration to any information submitted by members ofthe public regarding the continuing compliance of an owner or operator with thepermit issued by the authority.
3. In the administration of any permit issued by asolid waste management authority, the authority shall establish procedures thatpermit intervention pursuant to Rule 24 of the Nevada Rules of Civil Procedure.The authority shall not oppose intervention on the ground that the applicantsinterest is adequately represented by the authority.
(Added to NRS by 1993, 12)
NRS
1. The State Environmental Commission and the districtboard of health of a health district created pursuant to
2. The regulations adopted by a district board ofhealth pursuant to this section must not conflict with regulations adopted bythe State Environmental Commission.
(Added to NRS by 1993, 11; A
NRS
1. The State Environmental Commission shall adoptregulations concerning solid waste management systems, or any part thereof,including regulations establishing standards for the issuance, renewal,modification, suspension, revocation and denial of, and for the imposition of termsand conditions for, a permit to construct or operate a disposal site.
2. The State Environmental Commission may establish aschedule of fees for the disposal of solid waste in areas subject to thejurisdiction of the State Department of Conservation and Natural Resources inaccordance with NRS 444.495 or for theissuance of permits or other approvals by the Department for the operation ofsolid waste management facilities. The Department may use the money collectedunder the schedule to defray the cost of managing and regulating solid waste.
3. Notice of the intention to adopt and the adoptionof any regulation or schedule of fees must be given to the clerk of thegoverning board of all municipalities in this State.
4. Within a reasonable time, as fixed by the StateEnvironmental Commission, after the adoption of any regulation, no governingboard of a municipality or person may operate or permit an operation inviolation of the regulation.
(Added to NRS by 1971, 1179; A 1975, 1401; 1977, 68;1983, 1261; 1993, 15; 2005,1498)
NRS
1. The State Department of Conservation and NaturalResources shall:
(a) Advise, consult and cooperate with other agenciesand commissions of the State, other states, the Federal Government, municipalitiesand persons in the formulation of plans for and the establishment of any solidwaste management system.
(b) Accept and administer loans and grants from anyperson that may be available for the planning, construction and operation ofsolid waste management systems.
(c) Enforce the provisions of
(d) Periodically review the programs of other solidwaste management authorities in the State for issuing permits pursuant to
(e) Make such investigations and inspections andconduct such monitoring and testing as may be necessary to require compliancewith NRS 444.450 to
2. The State Environmental Commission shall:
(a) In cooperation with governing bodies ofmunicipalities, develop a statewide solid waste management system plan, andreview and revise the plan every 5 years.
(b) Examine and approve or disapprove plans for solidwaste management systems.
(c) Review any determination by the Director of theState Department of Conservation and Natural Resources that a program forissuing permits administered by a solid waste management authority isinadequate. The Commission may affirm, modify or reverse the findings of theDirector.
3. Employees of the State Department of Conservationand Natural Resources or its authorized representatives may, during the normalhours of operation of a facility subject to the provisions of
(a) Solid waste may have been generated, stored,transported, treated or disposed; or
(b) Records are kept, and may inspect and copy anyrecords, reports, information or test results relating to the management of thesolid waste.
(Added to NRS by 1971, 1179; A 1973, 1406; 1975,1402; 1977, 1139; 1993, 15;
NRS
1. Any district board of health created pursuant to
2. Any district board of health created pursuant to
(Added to NRS by 1971, 1180; A 1975, 1402; 1993, 16;
NRS
1. Except as otherwise provided in subsection 5, it isunlawful willfully to:
(a) Dispose of, abandon or dump a motor vehiclebattery, motor vehicle tire or motor oil at any site which has not been issueda permit for that purpose by the solid waste management authority;
(b) Dispose of, abandon or dump a motor vehiclebattery, motor vehicle tire or motor oil at a sanitary landfill or otherdisposal site established by a municipality which has not been issued a permitfor that purpose by the solid waste management authority; or
(c) Incinerate a motor vehicle battery or motor vehicletire as a means of ultimate disposal, unless the incineration is approved bythe solid waste management authority for the recovery of energy or otherappropriate use.
2. A person who violates the provisions of subsection1 is guilty of a misdemeanor and except as otherwise provided in
3. The State Department of Conservation and NaturalResources shall establish a plan for the appropriate disposal of used or wastemotor vehicle batteries, motor vehicle tires and motor oil. The plan mustinclude the issuance of permits to approved sites or facilities for thedisposal of those items by the public. The plan may include education of thepublic regarding the necessity of disposing of these items properly andrecycling them.
4. The State Department of Conservation and NaturalResources shall encourage the voluntary establishment of authorized sites whichare open to the public for the deposit of used or waste motor vehiclebatteries, motor vehicle tires and motor oil.
5. The provisions of subsections 1 and 2 do not applyto the disposal of used or waste motor vehicle batteries or motor vehicle tiresif the unavailability of a site that has been issued a permit by the solidwaste management authority makes disposal at such a site impracticable. Theprovisions of this subsection do not exempt a person from any other regulationof the solid waste management authority concerning the disposal of used orwaste motor vehicle batteries or motor vehicle tires.
(Added to NRS by 1991, 1671; A 1997, 1078;
NRS
1. From the time recyclable materials are placed in acontainer provided by a private recycling business or the person designated bythe county or other municipality to collect recyclable materials:
(a) At curbside for collection; or
(b) At any other appropriate site designated forcollection,
therecyclable materials are the property of the private recycling business or persondesignated by the county or other municipality to collect them, as appropriate.
2. Any person engaged in the unauthorized collectionof recyclable materials is guilty of a misdemeanor. Each such unauthorizedcollection constitutes a separate and distinct offense.
3. As an alternative to the criminal penalty set forthin subsection 2, the county or other municipality, the private recyclingbusiness and the person designated to collect the recyclable materials mayindependently enforce the provisions of this section in a civil action. Exceptas otherwise provided in NRS 445C.010to 445C.120, inclusive, a person whoengages in the unauthorized collection of recyclable materials is liable to theprivate recycling business or the person designated to make such collections,as appropriate, for three times the damages caused by the unauthorizedcollection.
(Added to NRS by 1991, 1671; A 1997, 1079)
NRS
NRS
1. The State Department of Conservation and NaturalResources is hereby designated the state agency for such purposes as arerequired by the Resource Conservation and Recovery Act of 1976, 42 U.S.C. 6941 et seq., except that:
(a) The State Environmental Commission has theexclusive authority to adopt regulations pursuant to
(b) The district boards of health of health districtscreated pursuant to NRS 439.362 or
2. The State Department of Conservation and NaturalResources may take any action necessary and appropriate to secure the benefitsof any federal law relating to solid waste.
(Added to NRS by 1971, 1180; A 1975, 1402; 1977,1139; 1993, 17; 2005,2469)
NRS
1. Issue an order directing the owner or operator ofthe disposal site or any other site where the handling, storage, recycling,transportation, treatment or disposal has occurred or may occur, or any otherperson who has custody of the solid waste, to take such steps as are necessaryto prevent the act or eliminate the practice which constitutes the threat orviolation.
2. Commence an action in a court of competentjurisdiction to enjoin the act or practice which constitutes the threat orviolation in accordance with the provisions of
3. Take any other action designed to reduce oreliminate the threat or violation.
(Added to NRS by 1993, 12; A
NRS
1. An order issued by a solid waste managementauthority must:
(a) Specify the term or condition of a permit issuedpursuant to NRS 444.553 or
(b) Set forth the facts alleged to constitute theviolation or threat; and
(c) Prescribe any corrective action which must be takenand a reasonable time within which it must be taken.
2. The order may require the person to whom the orderis directed to appear before the solid waste management authority, itsauthorized representative, or a hearing officer appointed by the authority, toshow cause why an action should not be commenced against the person in a courtof competent jurisdiction requesting appropriate relief.
(Added to NRS by 1993, 13)
NRS
(Added to NRS by 1993, 13; A 1993, 1421)
NRS
(Added to NRS by 1993, 13; A 1993, 1421)
NRS
(Added to NRS by 1971, 1180; A 1975, 1402; 1977,1139; 1993, 17)
NRS
1. In carrying out the provisions of
2. If any person to whom a subpoena has been directedpursuant to subsection 1 refuses to attend, testify or produce any evidencespecified in the subpoena, the person who issued the subpoena may present apetition, to a court of competent jurisdiction where the person to whom thesubpoena was directed is subject to service of process, setting forth that:
(a) Notice has been given of the time and place atwhich the person was required to attend, testify or produce evidence;
(b) A subpoena has been mailed to or personally servedon the witness or custodian of the evidence in sufficient time to enable him tocomply with its provisions; and
(c) The person has failed or refused to attend, answerquestions or produce evidence specified in the subpoena,
and askingthat the court issue an order compelling the person to attend and to testify orproduce the evidence specified in the subpoena.
3. When a court receives a petition pursuant tosubsection 2, it shall order the person to whom the subpoena was directed toappear at a time and place fixed by the court in its order, which must be notmore than 10 days after the date of the order, and show cause why he should notbe held in contempt. A certified copy of the order must be mailed to orpersonally served on the person to whom the subpoena was directed.
4. If it appears to the court that the subpoena was properlyissued and that the persons failure or refusal to appear, answer questions orproduce evidence was without sufficient reason, the court shall order theperson to appear at a time and place fixed by the court and to testify orproduce the specified evidence. If the person fails to comply with the order ofthe court, he may be punished as for a contempt of court.
(Added to NRS by 1993, 13; A
NRS
1. Any person who violates any regulation adopted bythe State Environmental Commission or any ordinance or resolution adopted bythe governing body of a municipality or district board of health is guilty of amisdemeanor.
2. Each day or part of a day during which suchviolation is continued or repeated constitutes a separate offense.
3. Except as otherwise provided in
(a) A person convicted of violating subsection 1 is, inaddition to any criminal penalty imposed, liable for a civil penalty upon eachsuch conviction; and
(b) A court, before whom a defendant is convicted of aviolation of subsection 1, shall for each violation order the defendant to paya civil penalty which is at least $500 but not more than $5,000.
(Added to NRS by 1971, 1180; A 1975, 1402;
NRS
(Added to NRS by 1993, 13)
NRS
1. The State Controller shall allocate and remit, on aquarterly basis, the money in the Solid Waste Management Account as follows:
(a) To the Department of Taxation, 0.5 percent.
(b) To the State Department of Conservation and NaturalResources, 44.5 percent.
(c) To the district board of health of the healthdistrict which has the largest population in this State, 30 percent.
(d) To the district board of health of the healthdistrict which has the second largest population in this State, 25 percent.
If more thantwo health districts are created within this State, the State Department ofConservation and Natural Resources shall transfer to the district boards ofhealth of those additional districts an amount determined by the Department tobe necessary to carry out the health districts duties pursuant to
2. The money allocated pursuant to subsection 1 to theState Department of Conservation and Natural Resources and the district boardsof health must be used for solid waste management in accordance with
3. The State Department of Conservation and NaturalResources shall transfer to the Division of Environmental Protection of thatDepartment a portion of the money it receives pursuant to this section it deemsnecessary for use in educating the public concerning the objectives andfunctioning of the States plan for solid waste management.
(Added to NRS by 1993, 10; A 1995, 649)
NRS
1. No plan for a solid waste management system adoptedpursuant to NRS 444.440 to
2. No provision of NRS444.440 to 444.620, inclusive,prevents a mining operation from dumping waste from its operation on its ownlands.
(Added to NRS by 1971, 1180; A 1981, 858; 1993, 17)
UNLAWFUL DISPOSAL OF SOLID WASTE OR SEWAGE
NRS
(Added to NRS by
NRS
(Added to NRS by
NRS
(Added to NRS by
NRS
(Added to NRS by
NRS
1. The solid waste management authority in each countywhose population is 400,000 or more may establish a program for the control ofunlawful dumping and administer the program within its jurisdiction unlesssuperseded.
2. The program established pursuant to subsection 1must:
(a) Include standards and procedures for the control ofunlawful dumping which are equivalent to or stricter than those established bystatute or state regulation; and
(b) Provide for adequate administration andenforcement.
3. In a county whose population is 400,000 or more,the solid waste management authority may delegate to an independent hearingofficer or hearing board the authority to determine violations and levyadministrative penalties for violations of the provisions of
(Added to NRS by
NRS
1. A person who places, deposits or dumps, or whocauses to be placed, deposited or dumped, or who causes or allows to overflow,any sewage, sludge, cesspool or septic tank effluent, or accumulation of humanexcreta, or any solid waste, in or upon any street, alley, public highway orroad in common use, or upon any public park or other public property other thanproperty designated or set aside for such a purpose by the governing bodyhaving charge thereof, or upon any private property, is guilty of:
(a) For a first offense within the immediatelypreceding 2 years, a misdemeanor.
(b) For a second offense within the immediatelypreceding 2 years, a gross misdemeanor and shall be punished by imprisonment inthe county jail for not less than 14 days but not more than 1 year.
(c) For a third or subsequent offense within theimmediately preceding 2 years, a gross misdemeanor and shall be punished byimprisonment in the county jail for 1 year.
2. In addition to any criminal penalty imposedpursuant to subsection 1, any civil penalty imposed pursuant to
(a) If the person is a natural person, to clean up thedump site and perform 10 hours of community service under the conditionsprescribed in NRS 176.087.
(b) If the person is a business entity:
(1) For a first or second offense within theimmediately preceding 2 years, to:
(I) Clean up the dump site; and
(II) Perform 40 hours of community servicecleaning up other dump sites identified by the solid waste managementauthority.
(2) For a third or subsequent offense within theimmediately preceding 2 years, to:
(I) Clean up the dump site; and
(II) Perform 200 hours of communityservice cleaning up other dump sites identified by the solid waste managementauthority.
3. If a person is sentenced to clean up a dump sitepursuant to subsection 2, the person shall:
(a) Within 3 calendar days after sentencing, commencecleaning up the dump site; and
(b) Within 5 business days after cleaning up the dumpsite, provide to the solid waste management authority proof of the lawfuldisposal of the sewage, solid waste or other matter that the person wasconvicted of disposing of unlawfully.
The solidwaste management authority shall prescribe the forms of proof which may beprovided to satisfy the provisions of paragraph (b).
4. In addition to any other penalty prescribed by law,if a business entity is convicted of violating subsection 1:
(a) Such violation constitutes reasonable grounds forthe revocation of any license to engage in business that has been issued to thebusiness entity by any governmental entity of this State; and
(b) The solid waste management authority may seek therevocation of such a license by way of any applicable procedures established bythe governmental entity that issued the license.
5. Except as otherwise provided in
6. All:
(a) Health officers and their deputies;
(b) Game wardens;
(c) Police officers of cities and towns;
(d) Sheriffs and their deputies;
(e) Other peace officers of the State of Nevada; and
(f) Other persons who are specifically designated bythe local government to do so,
shall,within their respective jurisdictions, enforce the provisions of this section.
7. A district health officer or his deputy or otherperson specifically designated by the local government to do so may issue a citationfor any violation of this section which occurs within his jurisdiction.
8. To effectuate the purposes of this section, thepersons charged with enforcing this section may request information from any:
(a) Agency of the State or its political subdivisions.
(b) Employer, public or private.
(c) Employee organization or trust of any kind.
(d) Financial institution or other entity which is inthe business of providing credit reports.
(e) Public utility.
Each ofthese persons and entities, their officers and employees, shall cooperate byproviding any information in their possession which may aid in the location andidentification of a person believed to be in violation of subsection 1. Adisclosure made in good faith pursuant to this subsection does not give rise toany action for damages for the disclosure.
[1:83:1953] + [2:83:1953](NRS A 1957, 262; 1967,580; 1969, 126; 1981, 858; 1983, 856; 1989, 484; 1991, 1672; 1993, 814;
NRS
1. Except as otherwise provided in
2. Except as otherwise provided in
(a) For a first offense, to pay a civil penalty whichis at least $500 but not more than $5,000.
(b) For a second offense, to pay a civil penalty whichis at least $1,000 but not more than $5,500.
(c) For a third offense, to pay a civil penalty whichis at least $1,500 but not more than $6,000.
(d) For any subsequent offense, to pay a civil penaltywhich is at least $500 more than the most recent previous civil penalty thatthe defendant was ordered to pay pursuant to this subsection.
3. If so provided by the court, a penalty imposedpursuant to this section may be paid in installments.
4. The solid waste management authority may attempt tocollect all such penalties and installments which are in default in any mannerprovided by law for the enforcement of a judgment.
5. Each court which receives money pursuant to theprovisions of this section shall forthwith remit the money to the Division ofEnvironmental Protection of the State Department of Conservation and NaturalResources or, if the health authority initiated the action, the district healthdepartment which shall deposit the money with the State Treasurer for credit ina separate account in the State General Fund or with the county treasurer fordeposit in an account for the district health department, as the case may be.Money so deposited must be:
(a) Used only to pay:
(1) Rewards pursuant to
(2) For education regarding the unlawfuldisposal of solid waste;
(3) For the cleaning up of dump sites; and
(4) For the management of solid waste; and
(b) Paid as other claims against the state or localgovernments are paid.
(Added to NRS by 1987, 1490; A 1991, 1673; 1997,1079; 2001, 1237;2001 SpecialSession, 162)
NRS
1. Organize the cleaning up of dump sites;
2. Provide educational materials and programsregarding unlawful dumping; and
3. Operate and pay the costs of programs of communityservice relating to the cleaning up of dump sites.
(Added to NRS by
NRS
1. In carrying out the provisions of
2. If any person to whom a subpoena has been directedpursuant to subsection 1 refuses to attend, testify or produce any evidencespecified in the subpoena, the person who issued the subpoena may present apetition, to a court of competent jurisdiction where the person to whom thesubpoena was directed is subject to service of process, setting forth that:
(a) Notice has been given of the time and place atwhich the person was required to attend, testify or produce evidence;
(b) A subpoena has been mailed to or personally servedon the witness or custodian of the evidence in sufficient time to enable him tocomply with its provisions; and
(c) The person has failed or refused to attend, answerquestions or produce evidence specified in the subpoena,
and askingthat the court issue an order compelling the person to attend and to testify orproduce the evidence specified in the subpoena.
3. When a court receives a petition pursuant tosubsection 2, it shall order the person to whom the subpoena was directed toappear at a time and place fixed by the court in its order, which must be notmore than 10 days after the date of the order, and show cause why he should notbe held in contempt. A certified copy of the order must be mailed to orpersonally served on the person to whom the subpoena was directed.
4. If it appears to the court that the subpoena wasproperly issued and that the persons failure or refusal to appear, answerquestions or produce evidence was without sufficient reason, the court shallorder the person to appear at a time and place fixed by the court and totestify or produce the specified evidence. If the person fails to comply withthe order of the court, he may be punished as for a contempt of court.
(Added to NRS by
NRS
1. The solid waste management authority shall offer areward of $100 for information leading to the arrest and conviction of anyperson violating NRS 444.555 or
2. The State Environmental Commission or districtboard of health may adopt regulations necessary to carry out the provisions ofthis section.
(Added to NRS by 1987, 1491; A
NRS
1. The Division of Environmental Protection of theState Department of Conservation and Natural Resources, and the district healthofficer in his district or the board of county commissioners in a countywithout a district health officer shall post notices of the provisions of
2. The notice must also contain an offer of a rewardfor information leading to the arrest and conviction of any person violating
(Added to NRS by 1987, 1491)
DISPOSAL OF SEWAGE
NRS
1. The State Board of Health shall adopt regulationsto control the use of a residential individual system for disposal of sewage inthis State. Those regulations are effective except in health districts in whicha district board of health has adopted regulations to control the use of aresidential individual system for disposal of sewage in that district.
2. A board which adopts such regulations shallconsider and take into account the geological, hydrological and topographicalcharacteristics of the area within its jurisdiction.
3. The regulations adopted pursuant to this sectionmust not conflict with the provisions of NRS445A.300 to 445A.730, inclusive,and any regulations adopted pursuant to those provisions.
4. As used in this section, residential individualsystem for disposal of sewage means an individual system for disposal ofsewage from a parcel of land, including all structures thereon, that is zonedfor single-family residential use.
(Added to NRS by 1981, 1183; A 1983, 328;
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