2005 Nevada Revised Statutes - Chapter 444A — Programs for Recycling

CHAPTER 444A - PROGRAMS FOR RECYCLING

RECYCLING OR DISPOSAL OF SOLID WASTE AND OTHER WASTE

NRS 444A.010 Definitions.

NRS 444A.011 Departmentdefined.

NRS 444A.012 Municipalitydefined.

NRS 444A.013 Recyclablematerial defined.

NRS 444A.014 Recyclingcenter defined.

NRS 444A.015 Solidwaste defined.

NRS 444A.016 Tirefor a vehicle defined.

NRS 444A.017 Vehicledefined.

NRS 444A.020 Adoptionof regulations establishing standards for recycling or disposal of solid waste;goal of standards; methods for disposal of used or waste tires.

NRS 444A.030 Adoptionof model plan for recycling or disposal of solid waste or other waste;compliance with standards adopted by State Environmental Commission.

NRS 444A.040 Availabilityof programs for recycling or disposal of solid waste in counties andmunicipalities; approval of programs required; availability to residents ofIndian reservation or colony.

NRS 444A.050 Reportof effectiveness of program; notice of recycling opportunities; enforcement,review and proposed revisions of program by municipality.

NRS 444A.060 Unlawfulto refuse to accept used or waste tires in exchange on purchase of new tire;notice of requirement; penalty.

NRS 444A.070 Reportto Legislature on status of programs for recycling and reuse of materials.

NRS 444A.080 Adoptionof regulations.

FEE FOR PURCHASE OF NEW TIRE

NRS 444A.090 Impositionand rate of fee; accounting for and disposition of money collected; powers andduties of Department of Taxation.

PROGRAM OF PUBLIC EDUCATION

NRS 444A.110 Programof public education concerning disposal of solid waste, recycling, reuse andwaste reduction; reduction of waste and litter; technical assistance; grantsfor projects concerning solid waste management systems and efficient use of resources;regulations governing administration of grants.

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RECYCLING OR DISPOSAL OF SOLID WASTE AND OTHER WASTE

NRS 444A.010 Definitions. As used in NRS444A.010 to 444A.080, inclusive,unless the context otherwise requires, the words and terms described in NRS 444A.011 to 444A.017, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 1991, 1668; A 1993, 17, 1441)

NRS 444A.011 Departmentdefined. Department means the State Departmentof Conservation and Natural Resources.

(Added to NRS by 1993, 1441)

NRS 444A.012 Municipalitydefined. Municipality means a county, city,town, general improvement district or health district created pursuant to NRS 439.362 or 439.370 or other political subdivision ofthis State which has jurisdiction over the management of solid waste.

(Added to NRS by 1993, 1441; A 2005, 2470)

NRS 444A.013 Recyclablematerial defined. Recyclable material meanssolid waste that can be processed and returned to the economic mainstream inthe form of raw materials or products, as determined by the State EnvironmentalCommission.

(Added to NRS by 1993, 1441)

NRS 444A.014 Recyclingcenter defined. Recycling center means afacility designed and operated to receive, store, process or transferrecyclable material which has been separated at the source from other solidwaste.

(Added to NRS by 1993, 1441)

NRS 444A.015 Solidwaste defined. Solid waste has the meaningascribed to it in NRS 444.490.

(Added to NRS by 1993, 1441)

NRS 444A.016 Tirefor a vehicle defined. Tire for a vehicleincludes a tire for a motorized vehicle that is 12 inches or larger indiameter, but does not include a recapped tire or used tire which is soldagain.

(Added to NRS by 1993, 1441)

NRS 444A.017 Vehicledefined. Vehicle means any device in, uponor by which any person or property is or may be transported or drawn upon land.The term does not include:

1. Devices moved by human or electrical power;

2. Commercial coaches as defined in NRS 489.062;

3. Electric personal assistive mobility devices asdefined in NRS 482.029; and

4. Mobile homes as defined in NRS 489.120.

(Added to NRS by 1993, 1441; A 2003, 1207)

NRS 444A.020 Adoptionof regulations establishing standards for recycling or disposal of solid waste;goal of standards; methods for disposal of used or waste tires.

1. The State Environmental Commission shall adoptregulations establishing minimum standards for:

(a) Separating at the source recyclable material fromother solid waste originating from residential premises and public buildingswhere services for the collection of solid waste are provided.

(b) Establishing recycling centers for the collectionand disposal of recyclable material.

(c) The disposal of hazardous household products whichare capable of causing harmful physical effects if inhaled, absorbed oringested.

2. The regulations adopted pursuant to subsection 1must be adopted with the goal of recycling at least 25 percent of the totalsolid waste generated within a municipality after the second full yearfollowing the adoption of such standards.

3. The State Environmental Commission shall, byregulation, establish acceptable methods for disposing of used or waste tires.

(Added to NRS by 1991, 1668; A 1999, 3178)

NRS 444A.030 Adoptionof model plan for recycling or disposal of solid waste or other waste;compliance with standards adopted by State Environmental Commission.

1. The Division of Environmental Protection of theState Department of Conservation and Natural Resources shall, by regulation,adopt a model plan for:

(a) Separating at the source recyclable material fromother solid waste originating from residential premises and public buildingswhere services for the collection of solid waste are provided.

(b) Establishing recycling centers for the collectionand disposal of recyclable material in areas where there are no centers.

(c) The disposal of hazardous household products whichare capable of causing harmful physical effects if inhaled, absorbed oringested.

(d) The disposal of infectious waste, hazardous wastewhich is not regulated pursuant to NRS459.485 and liquid waste which is not regulated pursuant to NRS 445A.300 to 445A.730, inclusive.

2. The model plans adopted pursuant to subsection 1must not conflict with the standards adopted by the State EnvironmentalCommission pursuant to NRS 444A.020.

(Added to NRS by 1991, 1669; A 1999, 3178)

NRS 444A.040 Availabilityof programs for recycling or disposal of solid waste in counties andmunicipalities; approval of programs required; availability to residents ofIndian reservation or colony.

1. The board of county commissioners in a county whosepopulation is 100,000 or more, or its designee, shall make available for use inthat county a program for:

(a) The separation at the source of recyclable materialfrom other solid waste originating from the residential premises and publicbuildings where services for the collection of solid waste are provided.

(b) The establishment of recycling centers for thecollection and disposal of recyclable material where existing recycling centersdo not carry out the purposes of the program.

(c) The disposal of hazardous household products whichare capable of causing harmful physical effects if inhaled, absorbed oringested. This program may be included as a part of any other program madeavailable pursuant to this subsection.

(d) The encouragement of businesses to reduce solidwaste and to separate at the source recyclable material from other solid waste.This program must, without limitation, make information regarding solid wastereduction and recycling opportunities available to a business at the time thebusiness applies for or renews a business license.

2. The board of county commissioners of a county whosepopulation is 40,000 or more but less than 100,000, or its designee:

(a) May make available for use in that county a programfor the separation at the source of recyclable material from other solid wasteoriginating from the residential premises and public buildings where servicesfor the collection of solid waste are provided.

(b) Shall make available for use in that county aprogram for:

(1) The establishment of recycling centers forthe collection and disposal of recyclable material where existing recyclingcenters do not carry out the purposes of the program established pursuant toparagraph (a).

(2) The disposal of hazardous household productswhich are capable of causing harmful physical effects if inhaled, absorbed oringested. This program may be included as a part of any other program madeavailable pursuant to this subsection.

3. The board of county commissioners of a county whosepopulation is less than 40,000, or its designee, may make available for use inthat county a program for:

(a) The separation at the source of recyclable materialfrom other solid waste originating from the residential premises and publicbuildings where services for the collection of solid waste are provided.

(b) The establishment of recycling centers for thecollection and disposal of recyclable material where existing recycling centersdo not carry out the purposes of the program.

(c) The disposal of hazardous household products whichare capable of causing harmful physical effects if inhaled, absorbed oringested. This program may be included as a part of any other program madeavailable pursuant to this subsection.

4. Any program made available pursuant to thissection:

(a) Must not:

(1) Conflict with the standards adopted by theState Environmental Commission pursuant to NRS444A.020; and

(2) Become effective until approved by theDepartment.

(b) May be based on the model plans adopted pursuant toNRS 444A.030.

5. The governing body of a municipality may adopt andcarry out within the municipality such programs made available pursuant to thissection as are deemed necessary and appropriate for that municipality.

6. Any municipality may, with the approval of thegoverning body of an adjoining municipality, participate in any program adoptedby the adjoining municipality pursuant to subsection 5.

7. Persons residing on an Indian reservation or Indiancolony may participate in any program adopted pursuant to subsection 5 by amunicipality in which the reservation or colony is located if the governingbody of the reservation or colony adopts an ordinance requesting suchparticipation. Upon receipt of such a request, the governing body of themunicipality shall make available to the residents of the reservation or colonythose programs requested.

(Added to NRS by 1991, 1669; A 1995, 506; 1999, 3179; 2001, 1990; 2005, 1501)

NRS 444A.050 Reportof effectiveness of program; notice of recycling opportunities; enforcement,review and proposed revisions of program by municipality.

1. A county or health district that adopts a programpursuant to NRS 444A.040 shall:

(a) On or before July 1 of each year, submit a reportto the Department of the number of tons of material disposed of in the areacovered by the program.

(b) Within 6 months after adopting the program, and atleast once every 6 months thereafter, notify all persons occupying residential,commercial, governmental and institutional premises within the area covered bythe program of the local recycling opportunities and the need to reduce theamount of waste generated.

2. The governing body of a municipality that adopts aprogram pursuant to NRS 444A.040shall:

(a) Adopt such ordinances as are necessary for theenforcement of the program.

(b) At least once every 24 months, conduct a review ofthe program and propose such revisions to the program and any ordinancesadopted pursuant thereto as the governing body determines are necessary andappropriate. The findings of the review and any proposed revisions must besubmitted to the Department for approval on or before July 30 of eacheven-numbered year.

(Added to NRS by 1991, 1670; A 1999, 3180; 2005, 1502)

NRS 444A.060 Unlawfulto refuse to accept used or waste tires in exchange on purchase of new tire;notice of requirement; penalty.

1. A person who offers a tire for a vehicle for saleat retail shall post at the point of purchase a written notice which is atleast 8 1/2 inches by 11 inches in size and contains the following information:

 

NOTICE

 

State law requires us toaccept used tires for disposal or recycling when new tires are purchased fromus.

 

2. It is unlawful for a person who offers a tire for avehicle for retail sale to refuse to accept used or waste tires in exchange onthe purchase of a new tire. This section does not require the purchaser of atire to provide a used or waste tire as a condition of his purchase of a newtire. The seller shall comply with the regulations of the State EnvironmentalCommission regarding the proper disposal of the used or waste tires socollected. In addition to any other applicable penalty, any person who violatesthe provisions of this subsection is guilty of a misdemeanor and shall be finednot less than $100 for each day of violation.

(Added to NRS by 1991, 1668; A 2005, 1502)

NRS 444A.070 Reportto Legislature on status of programs for recycling and reuse of materials. The Director of the Department shall deliver to the Directorof the Legislative Counsel Bureau a biennial report on or before January 31 ofeach odd-numbered year for submission to the Legislature on the status ofcurrent and proposed programs for recycling and reuse of materials and on anyother matter relating to recycling and reuse which he deems appropriate.

(Added to NRS by 1991, 1668)

NRS 444A.080 Adoptionof regulations.

1. The State Environmental Commission shall adoptregulations necessary to enforce the provisions of NRS 444A.010 to 444A.070, inclusive.

2. The State Environmental Commission may adopt anyother regulations necessary to carry out the provisions of NRS 444A.010 to 444A.070, inclusive.

(Added to NRS by 1991, 1670)

FEE FOR PURCHASE OF NEW TIRE

NRS 444A.090 Impositionand rate of fee; accounting for and disposition of money collected; powers andduties of Department of Taxation.

1. A person who sells a new tire for a vehicle to acustomer for any purpose other than for resale by the customer in the ordinarycourse of business shall collect from the purchaser at the time he collects theapplicable sales taxes for the sale a fee of $1 per tire. A person who did notpay the fee imposed by this section at the time of purchase because hepurchased the new tire for resale and who then makes any use of that tire otherthan to resell it in the ordinary course of business, shall pay the fee imposedby this section to the Department of Taxation at the time of the first use ofthat tire for a purpose other than holding it for resale.

2. The seller shall account separately for all moneyreceived pursuant to subsection 1 as a deposit to be held in trust for theState. In accordance with the regulations adopted pursuant to subsection 3, theseller shall transmit 95 percent of the money held in trust pursuant to thissection to the Department of Taxation for deposit with the State Treasurer forcredit to the Solid Waste Management Account in the State General Fund. Theremaining 5 percent and all interest and income which accrued on the moneywhile in trust with the seller become the property of the seller on the day thebalance for the month is transmitted to the Department of Taxation and may beretained by the seller to cover his related administrative costs.

3. The Director of the Department of Taxation shalladopt regulations establishing acceptable methods for accounting for andtransmitting to the Department money collected or required to be paid byretailers pursuant to subsection 1. The regulations must include a designationof the persons responsible for payment. The regulations must, in appropriatesituations, allow for the transmission of that money together with the paymentof the applicable sales and use taxes.

4. In collecting the fee, the Department of Taxationmay employ any administrative and legal powers conferred upon it for the collectionof the sales and use taxes by chapters 360 and372 of NRS.

5. The fee imposed pursuant to subsection 1 does notapply to any tire included in the sale of a new or used vehicle unless the tireis sold in a separate transaction.

(Added to NRS by 1991, 1667, 1677; A 1993, 18, 19,1420)

PROGRAM OF PUBLIC EDUCATION

NRS 444A.110 Programof public education concerning disposal of solid waste, recycling, reuse andwaste reduction; reduction of waste and litter; technical assistance; grantsfor projects concerning solid waste management systems and efficient use ofresources; regulations governing administration of grants.

1. The Division shall develop a program of publiceducation to provide information, increase public awareness of the individualresponsibility of properly disposing of solid waste and encouraging publicparticipation in recycling, reuse and waste reduction. The program must bedesigned in accordance with the plans to provide for a solid waste managementsystem approved pursuant to NRS 444.510to communicate the importance of conserving natural resources, in addition tothe importance of protecting public health and the environment. The programmust include promotion of the private and public efforts to accomplishconservation, recovery and reuse.

2. The Division shall encourage the reduction of wasteand litter by:

(a) Providing, upon request, advice to personsregarding techniques to reduce waste and general information on recycling.

(b) Establishing a computer database to process relatedinformation.

(c) Establishing a toll-free telephone line to assistin the dissemination of information.

(d) Sponsoring or cosponsoring technical workshops andseminars on waste reduction.

(e) Assisting local programs for the research anddevelopment of plans to reduce waste.

(f) Coordinating the dissemination of publications onwaste reduction, regardless of the source of those publications.

(g) Assisting in the development and promotion ofprograms of continuing education for educators and administrators to enablethem to teach and encourage methods of waste reduction.

(h) Developing an emblem to signify and advertise theefforts in Nevada to encourage recycling.

(i) Recommending to educational institutions coursesand curricula relating to recycling and the reduction of waste.

(j) Assisting state agencies, upon request, to developand carry out programs for recycling within state buildings.

3. The Division shall coordinate the technicalassistance available from the various state agencies. The Administrator of theDivision shall prepare and deliver biennial reports to the Governor regardingthe progress of the program.

4. The Division may award grants to municipalities,educational institutions and nonprofit organizations for projects that enhancesolid waste management systems and promote the efficient use of resources. TheDivision shall consult a solid waste management authority before awarding agrant for a project within the jurisdiction of that solid waste managementauthority.

5. The State Environmental Commission shall adoptregulations governing the administration of grants awarded pursuant tosubsection 4.

6. As used in this section, unless the contextotherwise requires, Division means the Division of Environmental Protectionof the State Department of Conservation and Natural Resources.

(Added to NRS by 1991, 1676; A 1995, 646; 1999, 3180; 2005, 1503)

 

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