2022 Nevada Revised Statutes
Chapter 445A - Water Controls
NRS 445A.425 - Powers and duties of Commission. [Effective through December 31, 2021.] Powers and duties of Commission; regulations. [Effective January 1, 2022.]

1. Except as specifically provided in NRS 445A.625 to 445A.645, inclusive, the Commission shall:

(a) Adopt regulations carrying out the provisions of NRS 445A.300 to 445A.730, inclusive, including standards of water quality and amounts of waste which may be discharged into the waters of the State.

(b) Adopt regulations providing for the certification of laboratories that perform analyses for the purposes of NRS 445A.300 to 445A.730, inclusive, to detect the presence of hazardous waste or a regulated substance in soil or water.

(c) Adopt regulations controlling the injection of fluids through a well to prohibit those injections into underground water, if it supplies or may reasonably be expected to supply any public water system, as defined in NRS 445A.840, which may result in that system’s noncompliance with any regulation regarding primary drinking water or may otherwise have an adverse effect on human health.

(d) Advise, consult and cooperate with other agencies of the State, the Federal Government, other states, interstate agencies and other persons in furthering the provisions of NRS 445A.300 to 445A.730, inclusive.

(e) Determine and prescribe the qualifications and duties of the supervisors and technicians responsible for the operation and maintenance of plants for sewage treatment.

2. The Commission may by regulation require that supervisors and technicians responsible for the operation and maintenance of plants for sewage treatment be certified by the Department. The regulations may include a schedule of fees to pay the costs of certification. The provisions of this subsection apply only to a package plant for sewage treatment whose capacity is more than 5,000 gallons per day and to any other plant whose capacity is more than 10,000 gallons per day.

3. In adopting regulations, standards of water quality and effluent limitations pursuant to NRS 445A.300 to 445A.730, inclusive, the Commission shall recognize the historical irrigation practices in the respective river basins of this State, the economy thereof and their effects.

4. The Commission may hold hearings, issue notices of hearings, issue subpoenas requiring the attendance of witnesses and the production of evidence, administer oaths and take testimony as it considers necessary to carry out the provisions of this section and for the purpose of reviewing standards of water quality.

5. As used in this section, "plant for sewage treatment" means any facility for the treatment, purification or disposal of sewage.

(Added to NRS by 1973, 1709; A 1979, 1027, 1915, 1916; 1981, 81; 1985, 763; 1991, 696; 2003, 2113)

1. Except as specifically provided in NRS 445A.625 to 445A.645, inclusive, the Commission shall:

(a) Adopt regulations carrying out the provisions of NRS 445A.300 to 445A.730, inclusive, including standards of water quality and amounts of waste which may be discharged into the waters of the State.

(b) Adopt regulations providing for the certification of laboratories that perform analyses for the purposes of NRS 445A.300 to 445A.730, inclusive, to detect the presence of hazardous waste or a regulated substance in soil or water.

(c) Adopt regulations controlling the injection of fluids through a well to prohibit those injections into underground water, if it supplies or may reasonably be expected to supply any public water system, as defined in NRS 445A.840, which may result in that system’s noncompliance with any regulation regarding primary drinking water or may otherwise have an adverse effect on human health.

(d) Advise, consult and cooperate with other agencies of the State, the Federal Government, other states, interstate agencies and other persons in furthering the provisions of NRS 445A.300 to 445A.730, inclusive.

(e) Determine and prescribe the qualifications and duties of the supervisors and technicians responsible for the operation and maintenance of plants for sewage treatment.

2. The Commission may adopt regulations for controlling the infiltration of contaminants into underground water through contaminated fluids or soil where:

(a) The underground water directly supplies a public water system or could be reasonably expected to supply a public water system through a surface-to-groundwater connection; and

(b) The infiltration of contaminants into the public system may result in:

(1) The public water system not complying with any standard or regulation regarding primary drinking water; or

(2) A danger to the health and safety of persons.

Any regulations adopted by the Commission pursuant to this subsection may address, without limitation, sewage treatment and effluent disposal, wastewater management and community planning and the management of fluids, effluent and septic systems.

3. Before adopting any regulations pursuant to subsection 2, the Commission shall:

(a) Consider:

(1) The economic and technological feasibility of the proposed regulations; and

(2) The potential costs for a local government to implement the proposed regulations.

(b) Notify the State Board of Health if the proposed regulations would impact residential individual systems for the disposal of sewage.

4. The Commission may by regulation require that supervisors and technicians responsible for the operation and maintenance of plants for sewage treatment be certified by the Department. The regulations may include a schedule of fees to pay the costs of certification. The provisions of this subsection apply only to a package plant for sewage treatment whose capacity is more than 5,000 gallons per day and to any other plant whose capacity is more than 10,000 gallons per day.

5. In adopting regulations, standards of water quality and effluent limitations pursuant to NRS 445A.300 to 445A.730, inclusive, the Commission shall recognize and consider:

(a) The historical irrigation practices in the respective river basins of this State, the economy thereof and their effects; and

(b) Any disproportionate impact on underserved communities in the respective river basins of this State.

6. The Commission may hold hearings, issue notices of hearings, issue subpoenas requiring the attendance of witnesses and the production of evidence, administer oaths and take testimony as it considers necessary to carry out the provisions of this section and for the purpose of reviewing standards of water quality.

7. As used in this section:

(a) "Block" means the smallest geographic unit whose boundaries were designated by the Bureau of the Census of the United States Department of Commerce in its topographically integrated geographic encoding and referencing system.

(b) "Block group" means a combination of blocks.

(c) "Census tract" means a combination of blocks whose numbers begin with the same digit.

(d) "Plant for sewage treatment" means any facility for the treatment, purification or disposal of sewage.

(e) "Public water system" has the meaning ascribed to it in NRS 445A.840.

(f) "Underserved community" means:

(1) A census tract in which, in the immediately preceding census:

(I) The median household income was less than 60 percent of the median household income in this State;

(II) At least 25 percent of the households had a household income below the federally designated level signifying poverty; or

(III) At least 20 percent of households were not proficient in the English language; or

(2) A community in this State with at least one public school:

(I) In which 75 percent or more of the enrolled pupils during the immediately preceding school year were eligible for free or reduced-price lunches under the National School Lunch Act, 42 U.S.C. §§ 1751 et seq.; or

(II) That participates in universal meal service pursuant to Section 104 of the Healthy, Hunger-Free Kids Act of 2010, Public Law 111-296.

(Added to NRS by 1973, 1709; A 1979, 1027, 1915, 1916; 1981, 81; 1985, 763; 1991, 696; 2003, 2113; 2021, 3411, effective January 1, 2022)