2005 Nevada Revised Statutes - Chapter 445A — Water Controls

CHAPTER 445A - WATER CONTROLS

GENERAL PROVISIONS

NRS 445A.010 Stateand political subdivisions to comply with laws, regulations and ordinancesgoverning alteration of condition of land or vegetation.

NRS 445A.015 Furnishingimpure water for public use unlawful; concentration of fluoride in water.

CONCENTRATION OF FLUORIDE IN WATER

NRS 445A.020 Publicwater system defined.

NRS 445A.025 Proposalto adjust concentration of fluoride in water: Receipt by governing body ofcounty, city or town; notice to county clerk.

NRS 445A.030 Publicationof proposal; submission to registered voters.

NRS 445A.035 Proposalto be voted on at next general election.

NRS 445A.040 Certificationof votes for and against proposal; results to be sent to supplier of water orSecretary of State.

NRS 445A.045 Adjustmentof concentration of fluoride in water by supplier of water if proposal approvedby voters.

NRS 445A.050 Exemptions.

NRS 445A.055 Regulationof fluoridation in county whose population is 400,000 or more; financialsupport for enforcement; payment of initial costs for compliance.

ACCOUNT TO FINANCE THE CONSTRUCTION OF TREATMENT WORKS AND THEIMPLEMENTATION OF POLLUTION CONTROL PROJECTS

NRS 445A.060 Legislativefindings and declarations.

NRS 445A.065 Definitions.

NRS 445A.070 Accountdefined.

NRS 445A.075 Commissiondefined.

NRS 445A.080 Constructiondefined.

NRS 445A.085 Departmentdefined.

NRS 445A.090 Directordefined.

NRS 445A.100 Interstateagency defined.

NRS 445A.105 Municipalitydefined.

NRS 445A.110 Pollutioncontrol project defined.

NRS 445A.115 Treatmentworks defined.

NRS 445A.120 Creationand purpose; payment of claims; faith of State pledged.

NRS 445A.125 Interestand income; deposits; acceptance of gifts, grants and bequests.

NRS 445A.130 Powersand duties of Department.

NRS 445A.135 Regulationsof Commission.

NRS 445A.140 Limitationson use of money; compliance with federal law.

NRS 445A.145 Administration:Limitations on expenditures; imposition and collection of fees to defray costs.

NRS 445A.150 Employmentof expert services.

NRS 445A.155 Issuanceof bonds to support Account.

NRS 445A.160 Environmentalreview: Regulations; preparation and review of environmental assessments.

PROTECTION OF LAKE TAHOE AND ITS WATERSHED

NRS 445A.170 Permitor written permission required from State Department of Conservation andNatural Resources.

NRS 445A.175 Dischargeof waste prohibited; issuance of permit subject to provision of sewerage.

NRS 445A.180 Adoptionof regulations by State Environmental Commission; powers of State Department ofConservation and Natural Resources.

NRS 445A.185 Constructionof NRS 445A.170 to 445A.190, inclusive.

NRS 445A.190 Penalties.

ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDEPROGRAMS

NRS 445A.200 Definitions.

NRS 445A.203 Accountfor the Revolving Fund defined.

NRS 445A.205 Accountfor Set-Aside Programs defined.

NRS 445A.207 Administratordefined.

NRS 445A.210 Commissiondefined.

NRS 445A.215 Constructiondefined.

NRS 445A.220 Divisiondefined.

NRS 445A.225 Federalgrant defined.

NRS 445A.230 Projectdefined.

NRS 445A.235 Publicwater system defined.

NRS 445A.240 SafeDrinking Water Act defined.

NRS 445A.245 Smallwater system defined.

NRS 445A.250 Statesecurities defined.

NRS 445A.255 Creationand purpose; payment of claims; faith of State pledged.

NRS 445A.260 Interestand income; deposits; acceptance of gifts, appropriations, contributions,grants and bequests; use of money to benefit public water systems limited.

NRS 445A.265 Powersand duties of Division; limitations.

NRS 445A.270 Regulationsof Commission.

NRS 445A.275 Limitationson use of money; compliance with federal law.

NRS 445A.280 Administration:Limitations on expenditures; imposition and collection of fees to defray costs.

NRS 445A.285 Employmentof expert services.

NRS 445A.290 Legislativefindings and declarations; issuance of securities.

NRS 445A.295 Environmentalreview: Regulations; preparation and review of environmental assessments.

WATER POLLUTION CONTROL

NRS 445A.300 Shorttitle.

NRS 445A.305 Legislativedeclaration.

NRS 445A.310 Definitions.

NRS 445A.315 Administratordefined.

NRS 445A.320 Commissiondefined.

NRS 445A.325 Contaminantdefined.

NRS 445A.330 Departmentdefined.

NRS 445A.335 Diffusesource defined.

NRS 445A.340 Directordefined.

NRS 445A.345 Dischargedefined.

NRS 445A.350 Divisiondefined.

NRS 445A.355 Effluentlimitation defined.

NRS 445A.360 Generalpermit defined.

NRS 445A.363 Hazardouswaste defined.

NRS 445A.365 Individualpermit defined.

NRS 445A.370 Interstateagency defined.

NRS 445A.375 Municipalitydefined.

NRS 445A.380 Packageplant for sewage treatment defined.

NRS 445A.385 Permitdefined.

NRS 445A.390 Persondefined.

NRS 445A.395 Pointsource defined.

NRS 445A.400 Pollutantdefined.

NRS 445A.405 Pollutiondefined.

NRS 445A.410 Treatmentworks defined.

NRS 445A.415 Watersof the State defined.

NRS 445A.420 Waterquality standard defined.

NRS 445A.425 Powersand duties of Commission.

NRS 445A.427 Analysisto detect hazardous waste or regulated substance to be performed by certifiedlaboratory; exception.

NRS 445A.428 Commissionto provide standards for certification of laboratories for analysis of water;certified laboratory required to perform certain analyses; evaluation.

NRS 445A.430 Fees:Establishment by Commission; disposition.

NRS 445A.435 Noticeof hearing on regulation which provides standard of water quality or dischargeof waste.

NRS 445A.440 Departmentdesignated as State Water Pollution Control Agency.

NRS 445A.445 Dutiesof Director.

NRS 445A.450 Powersof Director.

NRS 445A.455 Disqualificationof Director; exception.

NRS 445A.460 Administrator:Qualifications; disqualification; exception.

NRS 445A.465 Injectionof fluids through well or discharge of pollutant without permit prohibited;regulations.

NRS 445A.470 Restrictionson regulation concerning injection of fluid through well or permit issued forinjections.

NRS 445A.475 Permits:Issuance of general permits.

NRS 445A.480 Permits:Authority of Department to require individual permit.

NRS 445A.485 Permits:Issuance of temporary permits.

NRS 445A.490 Permits:Issuance prohibited in certain cases.

NRS 445A.495 Permits:Term; renewal.

NRS 445A.500 Permits:Conditions; notice of application.

NRS 445A.505 Permits:Report by holder of permit of new or increased discharges; reapplication.

NRS 445A.510 Permits:Collection of fee.

NRS 445A.515 Compliancewith conditions of permit required.

NRS 445A.520 Standardsof water quality.

NRS 445A.525 Effluentlimitations: Establishment; enforcement.

NRS 445A.530 Effluentlimitations: Additional limitations.

NRS 445A.535 Packageplant for sewage treatment: Exemption from provisions of NRS 445A.540 to 445A.560, inclusive.

NRS 445A.540 Packageplant for sewage treatment: Conditions for issuing permit.

NRS 445A.545 Packageplant for sewage treatment: Assessment lien.

NRS 445A.550 Packageplant for sewage treatment: Deposit and expenditure of proceeds of assessments;refund of surplus.

NRS 445A.555 Packageplant for sewage treatment: Remedy for violation of conditions of permit;assumption of control of plant by local governing body.

NRS 445A.560 Packageplant for sewage treatment: Regulation by local governing body.

NRS 445A.565 Protectionof surface waters of higher quality; treatment of and control over dischargesconstituting new or increased sources of pollution.

NRS 445A.570 Controlsfor diffuse sources: Conditions; delegation of administration to county orcity.

NRS 445A.575 Unlawfuldischarge of radiological, chemical or biological warfare agent or high-levelradioactive waste.

NRS 445A.580 Continuingplanning process.

NRS 445A.585 Permitrequired for construction of treatment works.

NRS 445A.590 Permits:Notice of application.

NRS 445A.595 Permits:Request for public hearing on application; notice of hearing.

NRS 445A.600 Revocation,modification or suspension of permits: Grounds; effective date; petition formodification.

NRS 445A.605 Appealsto Commission: Appealable matters; action by Commission.

NRS 445A.610 Appealsto Commission: Hearings.

NRS 445A.615 Issuanceof permit for Department of Wildlife to kill fish through use of toxicants.

NRS 445A.620 Certificationof applicant if federal license or permit required.

NRS 445A.625 Radioactiveand hazardous wastes: Permit to discharge, deposit, generate or dispose ofrequired.

NRS 445A.630 Radioactiveand hazardous wastes: Conditions of permit.

NRS 445A.635 Radioactiveand hazardous wastes: Bond for compliance with permit.

NRS 445A.640 Radioactiveand hazardous wastes: Permit does not relieve holder of any legal duty orliability.

NRS 445A.645 Radioactiveand hazardous wastes: Violations; penalties.

NRS 445A.650 Municipalitymay recover cost of sewage treatment and refuse to receive wastes.

NRS 445A.655 Entryand inspection of premises.

NRS 445A.660 Observation,recording and reporting of discharges.

NRS 445A.665 Publicaccess to information; disclosure of confidential information.

NRS 445A.670 AttorneyGeneral to serve as legal counsel.

NRS 445A.675 Violations:Remedies and sanctions; exception.

NRS 445A.680 Violations:Provisions concerning surface waters of higher quality and diffuse sources;remedies; exception.

NRS 445A.685 Violations:Specific remedies do not impair other rights.

NRS 445A.690 Violations:Compliance orders; exception.

NRS 445A.695 Violations:Injunctive relief; exception.

NRS 445A.700 Violations:Civil penalties.

NRS 445A.705 Violations:Criminal penalties.

NRS 445A.707 Directorto conduct independent investigation before determining whether to take certaincorrective actions; exception.

NRS 445A.710 Furnishingfalse information or tampering with device unlawful; penalties.

NRS 445A.715 Procedurefor administrative hearing.

NRS 445A.720 Finalauthority concerning prevention, abatement and control of water pollution.

NRS 445A.725 Provisionsof title 48 of NRS unaffected.

NRS 445A.730 Effectivedate of regulations and standards.

PUBLIC WATER SYSTEMS

NRS 445A.800 Declarationof state policy.

NRS 445A.805 Definitions.

NRS 445A.807 Capabilitydefined.

NRS 445A.8075 Commissiondefined.

NRS 445A.808 Communitywater system defined.

NRS 445A.810 Contaminantdefined.

NRS 445A.812 Districtboard of health defined.

NRS 445A.814 Divisiondefined.

NRS 445A.815 FederalAct defined.

NRS 445A.817 Financialcapability defined.

NRS 445A.820 Healthauthority defined. [Repealed.]

NRS 445A.825 HealthDivision defined. [Repealed.]

NRS 445A.827 Managerialcapability defined.

NRS 445A.828 Noncommunitywater system defined.

NRS 445A.829 Nontransientwater system defined.

NRS 445A.830 Operatordefined.

NRS 445A.835 Persondefined.

NRS 445A.838 Publicutility defined.

NRS 445A.840 Publicwater system defined.

NRS 445A.843 Serviceconnection defined.

NRS 445A.845 Supplierof water defined.

NRS 445A.847 Technicalcapability defined.

NRS 445A.848 Transientwater system defined.

NRS 445A.850 Watersystem defined.

NRS 445A.855 Commission:Adoption of primary and secondary standards of drinking water.

NRS 445A.860 Commission:Adoption of regulations.

NRS 445A.863 Certificationof laboratories for analysis of water; requirements for performance of certainanalyses.

NRS 445A.865 Commission:Contracts; assistance; hearings; subpoenas.

NRS 445A.870 Advisoryboard regarding certification of operators: Appointment; membership;compensation of members.

NRS 445A.875 Certificationof operators: Requirement; exception; operation of multiple systems; presenceof operator on site.

NRS 445A.880 Certificationof operators: Regulations; fees; examination; exemption from examination.

NRS 445A.885 Systemsconstructed after June 30, 1991: Requirements for permit.

NRS 445A.890 Systemsconstructed after June 30, 1991: Preliminary requests for comments.

NRS 445A.895 Systemsconstructed after June 30, 1991: Conditions for issuance of permit.

NRS 445A.900 Systemsconstructed after June 30, 1991: Prerequisites to liens for assessments.

NRS 445A.905 Systemsconstructed after June 30, 1991: Disposition of proceeds of assessments.

NRS 445A.910 Systemsconstructed after June 30, 1991: Assumption of control by local governing body.

NRS 445A.915 Systemsconstructed after June 30, 1991: Effect of provisions.

NRS 445A.920 Reviewand approval of plans and specifications by Commission or district board ofhealth.

NRS 445A.925 Dutiesof Division and district boards of health.

NRS 445A.930 Imminenthazard; issuance and review of emergency order; public warning.

NRS 445A.935 Varianceor exemption from regulation of Commission: Application; notice and hearing;participation of Public Utilities Commission of Nevada.

NRS 445A.940 Notificationto Division or district board of health and user of water system by supplier ofwater.

NRS 445A.945 Injunctions.

NRS 445A.950 Civilpenalty; administrative fine.

NRS 445A.955 Criminalpenalty.

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GENERAL PROVISIONS

NRS 445A.010 Stateand political subdivisions to comply with laws, regulations and ordinancesgoverning alteration of condition of land or vegetation. In performing any work which alters the material conditionof land or vegetation, the State, its agencies and all political subdivisionsin this State shall comply with all the state laws or regulations and localordinances which are applicable to private persons performing the same type ofwork.

(Added to NRS by 1971, 508)(Substituted in revisionfor NRS 445.015)

NRS 445A.015 Furnishingimpure water for public use unlawful; concentration of fluoride in water. Every owner, agent, manager, operator or other personhaving charge of any waterworks furnishing water for public use who shall:

1. Knowingly permit any act or omit any duty orprecaution by reason whereof the purity or healthfulness of the water suppliedshall become impaired is guilty of a gross misdemeanor.

2. Fail to adjust the naturally occurring fluorideconcentration of the water to levels recommended by public health authoritieswhen there has been approval by a majority of the votes cast pursuant to NRS 445A.045, or who shall adjust such concentrationif such approval has not been obtained, is guilty of a misdemeanor. Theprovisions of this subsection do not apply to purveyors of bottled water wholabel their containers to inform the purchaser that the naturally occurringfluoride concentration of the water has been adjusted to recommended levels.

[1911 C&P 275; RL 6540; NCL 10223](NRS A1967, 768)

CONCENTRATION OF FLUORIDE IN WATER

NRS 445A.020 Publicwater system defined. As used in NRS 445A.020 to 445A.055, inclusive, unless the contextotherwise requires, public water system has the meaning ascribed to it in NRS 445A.840.

(Added to NRS by 1999, 1112; A 1999, 3169)

NRS 445A.025 Proposalto adjust concentration of fluoride in water: Receipt by governing body ofcounty, city or town; notice to county clerk. Wheneverthe governing body of any city or town or the board of county commissionersreceives a written proposal from a supplier of water, public health authoritiesor from any person or persons that the naturally occurring fluorideconcentration of the water be adjusted to levels recommended by public healthauthorities, such governing body or board may, in its discretion, give noticeof such proposal and the geographical area in which the water is distributed tothe county clerk of each county in which any water so affected is distributed.

(Added to NRS by 1967, 768)(Substituted in revisionfor NRS 445.033)

NRS 445A.030 Publicationof proposal; submission to registered voters. Uponreceipt of such notice, each county clerk shall cause such proposal to be publishedand submitted to the appropriate registered voters, as specified in NRS 445A.035, in the manner provided bythe general election laws for the submission of questions. If required to carryout the provisions of NRS 445A.035,such proposal shall appear on a separate ballot.

(Added to NRS by 1967, 768)(Substituted in revisionfor NRS 445.034)

NRS 445A.035 Proposalto be voted on at next general election. Theproposal shall be submitted at the next general election to the registeredvoters of each political subdivision or precinct in which the water affected isdistributed.

(Added to NRS by 1967, 768)(Substituted in revisionfor NRS 445.035)

NRS 445A.040 Certificationof votes for and against proposal; results to be sent to supplier of water orSecretary of State.

1. Upon completion of the canvass of the vote, thecounty clerk shall certify the number of votes cast for and against theproposal to:

(a) The supplier, if the water affected is distributedin but one county.

(b) The Secretary of State, if the water affected isdistributed in more than one county.

2. If such results are certified to the Secretary ofState, he shall compile the results from all counties affected and certify tothe supplier the number of votes cast for and against the proposal.

(Added to NRS by 1967, 768)(Substituted in revisionfor NRS 445.036)

NRS 445A.045 Adjustmentof concentration of fluoride in water by supplier of water if proposal approvedby voters. The supplier may proceed to put theproposal into effect only if a majority of all the votes cast upon the questionwere cast for the proposal.

(Added to NRS by 1967, 769)(Substituted in revisionfor NRS 445.037)

NRS 445A.050 Exemptions. The provisions of NRS445A.025 to 445A.050, inclusive,do not apply to:

1. A public water system that serves a population of100,000 or more in a county whose population is 400,000 or more.

2. A water authority, as defined pursuant to NRS 377B.040, and any politicalsubdivision that receives all or a part of its water supply from such a waterauthority in a county whose population is 400,000 or more.

3. Purveyors of bottled water who label theircontainers to inform the purchaser that the naturally occurring fluorideconcentration of the water has been adjusted to recommended levels.

4. A supplier of water who supplies water to less than500 users.

(Added to NRS by 1967, 769; A 1969, 1080; 1999, 1114, 3169)

NRS 445A.055 Regulationof fluoridation in county whose population is 400,000 or more; financialsupport for enforcement; payment of initial costs for compliance.

1. The State Board of Health shall adopt regulationsrequiring the fluoridation of all water delivered for human consumption in acounty whose population is 400,000 or more by a:

(a) Public water system that serves a population of100,000 or more; or

(b) Water authority.

2. The regulations must include, without limitation:

(a) The minimum and maximum permissible concentrationsof fluoride to be maintained by such a public water system or a waterauthority, except that:

(1) The minimum permissible concentration offluoride must not be less than 0.7 parts per million; and

(2) The maximum permissible concentration offluoride must not exceed 1.2 parts per million;

(b) The requirements and procedures for maintainingproper concentrations of fluoride, including any necessary equipment, testing,recordkeeping and reporting;

(c) Requirements for the addition of fluoride to thewater if the natural concentration of fluorides is lower than the minimumpermissible concentration established pursuant to paragraph (a); and

(d) Criteria pursuant to which the State Board ofHealth may exempt a public water system or water authority from the requirementof fluoridation upon the request of the public water system or water authority.

3. The State Board of Health shall not require thefluoridation of:

(a) The wells of a public water system or waterauthority if:

(1) The groundwater production of the publicwater system or water authority is less than 15 percent of the total averageannual water production of the system or authority for the years in whichdrought conditions are not prevalent; and

(2) The wells are part of a combined regionaland local system for the distribution of water that is served by a fluoridatedsource.

(b) A public water system or water authority:

(1) During an emergency or period of routinemaintenance, if the wells of the system or authority are exempt fromfluoridation pursuant to paragraph (a) and the supplier of water determinesthat it is necessary to change the production of the system or authority fromsurface water to groundwater because of an emergency or for purposes of routinemaintenance; or

(2) If the natural water supply of the system orauthority contains fluoride in a concentration that is at least equal to theminimum permissible concentration established pursuant to paragraph (a) ofsubsection 2.

4. The State Board of Health may make an exception tothe minimum permissible concentration of fluoride to be maintained in a publicwater system or water authority based on:

(a) The climate of the regulated area;

(b) The amount of processed water purchased by theresidents of the regulated area; and

(c) Any other factor that influences the amount of publicwater that is consumed by the residents of the regulated area.

5. The Health Division of the Department of Health andHuman Services shall make reasonable efforts to secure any available sources offinancial support, including, without limitation, grants from the FederalGovernment, for the enforcement of the standards established pursuant to thissection and any related capital improvements.

6. A public water system or water authority may submitto the Health Division a claim for payment of the initial costs of the publicwater system or water authority to begin complying with the provisions of thissection regardless of whether the public water system or water authority isrequired to comply with those provisions. The Administrator of the Health Divisionmay approve such claims to the extent of legislative appropriations and anyother money available for that purpose. Approved claims must be paid as otherclaims against the State are paid. The ongoing operational expenses of a publicwater system or water authority in complying with the provisions of thissection are not compensable pursuant to this subsection.

7. As used in this section:

(a) Supplier of water has the meaning ascribed to itin NRS 445A.845.

(b) Water authority has the meaning ascribed to it inNRS 377B.040.

(Added to NRS by 1999, 1112; A 1999, 3169)

ACCOUNT TO FINANCE THE CONSTRUCTION OF TREATMENT WORKS ANDTHE IMPLEMENTATION OF POLLUTION CONTROL PROJECTS

NRS 445A.060 Legislativefindings and declarations.

1. The Legislature finds that:

(a) The construction, rehabilitation, operation andmaintenance of modern and efficient treatment works and other pollution controlprojects are essential for the protection and improvement of the waters of thisState and the public health of the residents of this State; and

(b) The protection of the waters of this arid statejustifies the States participation and assistance in a program which provideslong-term financing to aid municipalities and interstate agencies in theconstruction of treatment works and the implementation of pollution controlprojects. The provisions of NRS 445A.060to 445A.160, inclusive, shall beliberally construed to carry out the purposes of NRS 445A.060 to 445A.160, inclusive.

2. The Legislature declares that the creation of anAccount to Finance the Construction of Treatment Works and the Implementationof Pollution Control Projects will enable the State to receive its maximumshare of the federal money available pursuant to the Federal Water PollutionControl Act of 1972 (33 U.S.C. 1251 et seq.) and ensure that themunicipalities in this State and interstate agencies receive federal money fortreatment works and programs for the control of pollution.

3. The Legislature finds and declares that any generalobligation bonds or revenue bonds issued pursuant to NRS 445A.155 are necessary for theprotection and preservation of the natural resources of this State and for thepurpose of obtaining the benefits thereof, and constitutes an exercise of theauthority conferred by the second paragraph of Section 3 of Article 9 of theConstitution of the State of Nevada.

(Added to NRS by 1989, 1256; A 1993,643)(Substituted in revision for NRS 445.041)

NRS 445A.065 Definitions. As used in NRS445A.060 to 445A.160, inclusive,unless the context otherwise requires, the words and terms defined in NRS 445A.070 to 445A.115, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 1989, 1256; A 1993,644)(Substituted in revision for NRS 445.042)

NRS 445A.070 Accountdefined. Account means the Account to Financethe Construction of Treatment Works and the Implementation of Pollution ControlProjects created pursuant to NRS 445A.120.

(Added to NRS by 1993, 643)(Substituted in revisionfor NRS 445.0425)

NRS 445A.075 Commissiondefined. Commission means the StateEnvironmental Commission.

(Added to NRS by 1989, 1256)(Substituted in revisionfor NRS 445.043)

NRS 445A.080 Constructiondefined. Construction means any:

1. Preliminary planning to determine the feasibilityof treatment works or pollution control projects;

2. Engineering, architectural, legal, fiscal oreconomic investigations or studies, surveys, designs, plans, working drawings,specifications or procedures which comply with the requirements adoptedpursuant to 33 U.S.C. 1381 et seq.; or

3. Other necessary actions including the erection,building, acquisition, alteration, remodeling, improvement or extension oftreatment works or pollution control projects, or the inspection or supervisionof any item set forth in this section.

(Added to NRS by 1989, 1256)(Substituted in revisionfor NRS 445.044)

NRS 445A.085 Departmentdefined. Department means the State Departmentof Conservation and Natural Resources.

(Added to NRS by 1989, 1257)(Substituted in revisionfor NRS 445.045)

NRS 445A.090 Directordefined. Director means the Director of theState Department of Conservation and Natural Resources.

(Added to NRS by 1989, 1257)(Substituted in revisionfor NRS 445.046)

NRS 445A.100 Interstateagency defined. Interstate agency has themeaning ascribed to it in NRS 445A.370.

(Added to NRS by 1989, 1257)(Substituted in revisionfor NRS 445.048)

NRS 445A.105 Municipalitydefined. Municipality has the meaningascribed to it in NRS 445A.375.

(Added to NRS by 1989, 1257)(Substituted in revisionfor NRS 445.049)

NRS 445A.110 Pollutioncontrol project defined. Pollution controlproject means any eligible component of the management programs establishedpursuant to 33 U.S.C. 1251 et seq. The term pollution control project issynonymous with the term nonpoint source control project as that term is usedin 33 U.S.C. 1329.

(Added to NRS by 1989, 1257)(Substituted in revisionfor NRS 445.051)

NRS 445A.115 Treatmentworks defined. Treatment works has themeaning ascribed to it in NRS 445A.410.

(Added to NRS by 1989, 1257)(Substituted in revisionfor NRS 445.052)

NRS 445A.120 Creationand purpose; payment of claims; faith of State pledged.

1. The Account to Finance the Construction ofTreatment Works and the Implementation of Pollution Control Projects is herebycreated in the Fund for Water Projects Loans, which is hereby created as anenterprise fund.

2. The money in the Account must be used only for thepurposes set forth in 33 U.S.C. 1381 et seq.

3. All claims against the Account must be paid asother claims against the State are paid.

4. The faith of the State is hereby pledged that themoney in the Account will not be used for purposes other than those authorizedby 33 U.S.C. 1381 et seq.

(Added to NRS by 1989, 1257; A 1993, 644; 2001, 2754)

NRS 445A.125 Interestand income; deposits; acceptance of gifts, grants and bequests.

1. The interest and income earned on money in theAccount must be credited to the Account.

2. All payments of principal and interest on all loansmade to a municipality or interstate agency and all proceeds from the sale,refunding or prepayment of obligations of a municipality or interstate agencyacquired or loans made in carrying out the purposes of the Account must bedeposited in the State Treasury for credit to the Account.

3. The Department may accept gifts, grants andbequests of money from any public or private source. The money must bedeposited in the State Treasury for credit to the Account.

(Added to NRS by 1989, 1257; A 1993,644)(Substituted in revision for NRS 445.054)

NRS 445A.130 Powersand duties of Department.

1. The Department shall, with the approval of theDepartment of Administration:

(a) Use the money in the Account for the purposes setforth in 33 U.S.C. 1381 et seq.

(b) Determine whether publicly owned treatment workswhich receive money or other assistance from the Account comply with therequirements set forth in 33 U.S.C. 1381 et seq.

2. The Department may, with the approval of theDepartment of Administration:

(a) Enter into an agreement with the Federal Governmentfor the acceptance of grants of money for the Account.

(b) Provide services relating to the preparation of anyplan or report concerning the Account.

(Added to NRS by 1989, 1257; A 1993,644)(Substituted in revision for NRS 445.055)

NRS 445A.135 Regulationsof Commission. The Commission shall adoptregulations to carry out the provisions of NRS445A.060 to 445A.160, inclusive.

(Added to NRS by 1989, 1258)(Substituted in revisionfor NRS 445.056)

NRS 445A.140 Limitationson use of money; compliance with federal law.

1. Except as otherwise provided in NRS 445A.145, money in the Account may beused only to:

(a) Make loans at or below the market rate tomunicipalities or interstate agencies for the construction of treatment worksand the implementation of pollution control projects.

(b) Buy or refinance at or below the market rate thedebt obligations of municipalities or interstate agencies if:

(1) The project for which the obligations wereincurred meets the requirements of 33 U.S.C. 1251 et seq.; and

(2) The debt obligations were incurred andconstruction of the project began after March 7, 1985.

(c) Guarantee or purchase insurance for localobligations if such action would improve access to the credit markets or reducethe rate of interest.

(d) Secure the sale of bonds issued by the State if thenet proceeds from the sale of those bonds are deposited in the Account.

2. A municipality or interstate agency which requestsa loan or other financial assistance must demonstrate that it has complied withthe provisions of 33 U.S.C. 1381 et seq.

(Added to NRS by 1989, 1258; A 1993,645)(Substituted in revision for NRS 445.057)

NRS 445A.145 Administration:Limitations on expenditures; imposition and collection of fees to defray costs.

1. The Director shall not:

(a) Spend more than 4 percent of each grant awarded toadminister the Account; or

(b) Use any money generated pursuant to NRS 445A.155 for the costs of administeringthe Account unless authorized by the Legislature.

2. The Director may, with the approval of theDepartment of Administration, impose and collect a fee from each municipalityor interstate agency which receives a loan or other financial assistance fromthe Account. The fee must be used to defray the costs of administering theAccount.

3. If the Director imposes a fee, the Commission shalladopt regulations establishing the amount of the fee required to be collectedpursuant to subsection 2.

(Added to NRS by 1989, 1258; A 1993, 645)(Substitutedin revision for NRS 445.058)

NRS 445A.150 Employmentof expert services. The Director may, with theapproval of the Department of Administration, employ any legal, fiscal or otherexpert services necessary to carry out his duties pursuant to NRS 445A.060 to 445A.160, inclusive.

(Added to NRS by 1989, 1258)(Substituted in revisionfor NRS 445.059)

NRS 445A.155 Issuanceof bonds to support Account.

1. The Director may, with the approval of theDepartment of Administration, authorize the State Treasurer to issue, sell ordeliver general obligation bonds of the State or revenue bonds if viable tosupport the purposes of the Account.

2. If the Director authorizes the issuance of thosebonds, the State Treasurer may:

(a) Sue and be sued to establish or enforce any rightarising out of a project receiving financial assistance or of any statesecurities issued pursuant to this authorization;

(b) Acquire and hold municipal securities, and exerciseall of the rights of holders of those securities;

(c) Sell or otherwise dispose of municipal securitiesand assets acquired in connection with those securities, unless limited by anyagreement which relates to the securities;

(d) Make contracts and execute all necessary orconvenient instruments;

(e) Accept grants of money from the Federal Government,the State, any agency or political subdivision, or any other person;

(f) Adopt regulations relating to projects receivingfinancial assistance and the administration of those projects;

(g) Employ for himself or for any municipality orinterstate agency, any necessary legal, fiscal, engineering and other expertservices in connection with projects receiving financial assistance and withthe authorization, sale and issuance of state securities and municipalsecurities;

(h) Enter into agreements and arrangements consistentwith NRS 445A.060 to 445A.160, inclusive, concerning theissuance of state securities and the purchase of municipal securities; and

(i) Undertake other matters which he determines to benecessary or desirable to accomplish the purposes of NRS 445A.060 to 445A.160, inclusive.

3. Before any bonds are issued pursuant to thissection, the State Board of Finance must certify that sufficient revenue willbe available in the Account to pay the interest and installments of principalas they become due.

4. The money in the Account that is available for thepayment of the interest and installments of principal on the bonds must bepledged as the primary source for the payment of the bonds. The full faith andcredit of the State may be pledged.

(Added to NRS by 1989, 1258; A 1993, 645; 1997, 3013)

NRS 445A.160 Environmentalreview: Regulations; preparation and review of environmental assessments.

1. The Commission shall adopt regulations relating tothe environmental review process required by 33 U.S.C. 1381 et seq.

2. Each municipality or interstate agency whichreceives money from the Account shall prepare an environmental assessment whichcomplies with the regulations adopted by the Commission and submit it to theDepartment for review.

3. The Department shall review each such assessment.

(Added to NRS by 1989, 1259; A 1993,646)(Substituted in revision for NRS 445.062)

PROTECTION OF LAKE TAHOE AND ITS WATERSHED

NRS 445A.170 Permitor written permission required from State Department of Conservation andNatural Resources.

1. It is unlawful for any person, firm, association orcorporation to:

(a) Construct a pier, breakwater or marina in or toalter the shoreline of Lake Tahoe;

(b) Remove gravel, sand or similar material from LakeTahoe; or

(c) Deposit any fill or deleterious material in LakeTahoe,

withoutfirst having secured written permission from the State Department ofConservation and Natural Resources.

2. Construction or alteration of the Lake Tahoeshoreline below the high water elevation (6,229.1 feet) requires written permissionfrom the State Department of Conservation and Natural Resources.

3. A permit must be denied when the source of domesticwater or the place of disposal of sewage or other wastes would create a healthhazard or the quality of Lake Tahoe waters would be impaired.

4. The State Department of Conservation and NaturalResources shall adopt regulations governing the issuance of permits under thissection.

[1:306:1949; 1943 NCL 8247.01](NRS A 1963, 957;1967, 404, 1171; 1973, 1406; 1975, 1402; 1977, 1139; 1979, 283)(Substituted inrevision for NRS 445.080)

NRS 445A.175 Dischargeof waste prohibited; issuance of permit subject to provision of sewerage.

1. Except as provided in subsection 2, the directdischarge of sewage or other wastes into Lake Tahoe, or within 100 feet of theestablished high water rim of Lake Tahoe, or within 100 feet of a stream,reservoir, spring, well or other water supply in the Lake Tahoe Watershed isprohibited.

2. Where disposal of sewage or other waste by reasonof property characteristics, topography or other limitations cannot be providedother than within 100 feet of Lake Tahoe, then the State Department ofConservation and Natural Resources shall issue the required permit subject toinstallation and operation of such sewage works as may be necessary to provideprotection to the Lake Tahoe water and the Lake Tahoe Watershed.

[2:306:1949; 1943 NCL 8247.02](NRS A 1963, 957;1973, 1406; 1975, 1403; 1977, 1140)(Substituted in revision for NRS 445.090)

NRS 445A.180 Adoptionof regulations by State Environmental Commission; powers of State Department ofConservation and Natural Resources.

1. The State Environmental Commission may adoptreasonable regulations consistent with law governing the Lake Tahoe Watershedarea to carry out the purpose and intent of NRS445A.170 to 445A.190, inclusive.

2. The State Department of Conservation and NaturalResources:

(a) May enforce the regulations of the StateEnvironmental Commission with respect to the provisions of NRS 445A.170 to 445A.190, inclusive.

(b) May enter on any property within the Lake TahoeWatershed area for the purpose of inspecting such premises to determine whetheror not they are in conformity with the provisions of NRS 445A.170 to 445A.190, inclusive.

3. All regulations and standards adopted by the StateBoard of Health pertaining to the protection of Lake Tahoe and its watershed inforce on July 1, 1975, remain in effect until revised by the StateEnvironmental Commission pursuant to NRS445A.170 to 445A.190, inclusive.

[3:306:1949; 1943 NCL 8247.03](NRS A 1963, 958;1967, 1172; 1973, 1406; 1975, 1403; 1977, 1140)

NRS 445A.185 Constructionof NRS445A.170 to 445A.190, inclusive. The provisions of NRS445A.170 to 445A.190, inclusive,shall not be construed to authorize the adoption of any regulation or theissuance of any permit pursuant to such regulation, which allows any person todischarge any sewerage, effluents or other wastes or offensive materials intothe waters of Lake Tahoe, but these provisions do not preclude a beneficial useof treated effluent within the Lake Tahoe Watershed under a permit issuedpursuant to the provisions of NRS 445A.300to 445A.730, inclusive.

[4:306:1949; 1943 NCL 8247.04](NRS A 1977,756)(Substituted in revision for NRS 445.110)

NRS 445A.190 Penalties. Any person, firm, association or corporation violating anyof the provisions of NRS 445A.170 to 445A.185, inclusive, or of the rules andregulations hereby established shall be guilty of a misdemeanor.

[5:306:1949; 1943 NCL 8247.05](NRS A 1967,580)(Substituted in revision for NRS 445.120)

ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS

NRS 445A.200 Definitions. As used in NRS445A.200 to 445A.295, inclusive,unless the context otherwise requires, the words and terms defined in NRS 445A.203 to 445A.250, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 1997, 1821)

NRS 445A.203 Accountfor the Revolving Fund defined. Account forthe Revolving Fund means the Account created pursuant to NRS 445A.255 to finance the constructionof projects.

(Added to NRS by 1997, 1821)

NRS 445A.205 Accountfor Set-Aside Programs defined. Account forSet-Aside Programs means the Account created pursuant to NRS 445A.255 to fund activities, otherthan projects, authorized by the Safe Drinking Water Act, pursuant to NRS 445A.275 and 445A.280.

(Added to NRS by 1997, 1821)

NRS 445A.207 Administratordefined. Administrator means the Administratorof the Division.

(Added to NRS by 1997, 1821)

NRS 445A.210 Commissiondefined. Commission means the StateEnvironmental Commission.

(Added to NRS by 1997, 1821; A 2003, 3060)

NRS 445A.215 Constructiondefined. Construction includes:

1. Preliminary planning to determine the feasibilityof a project;

2. Engineering, architectural, legal, environmental,fiscal or economic investigations or studies, surveys, designs, plans, workingdrawings, specifications or procedures that comply with the Safe Drinking WaterAct, and regulations adopted pursuant thereto; and

3. Other necessary actions related to a projectincluding the erection, building, acquisition, alteration, remodeling,improvement or extension of a project, or the inspection or supervision of anyitem set forth in this section.

(Added to NRS by 1997, 1821)

NRS 445A.220 Divisiondefined. Division means the Division of EnvironmentalProtection of the State Department of Conservation and Natural Resources.

(Added to NRS by 1997, 1822; A 2003, 3060)

NRS 445A.225 Federalgrant defined. Federal grant means moneyauthorized by the Safe Drinking Water Act to:

1. Create a revolving fund to assist public watersystems to finance the costs of facilities needed to achieve or maintaincompliance with the Safe Drinking Water Act and regulations adopted pursuantthereto and to protect public health; and

2. Fund set-aside programs authorized by the SafeDrinking Water Act.

(Added to NRS by 1997, 1822)

NRS 445A.230 Projectdefined. Project means the initialconstruction, or renovation, modification or expansion, of portions of a publicwater system for:

1. The impoundment, collection, pumping, treatment,storage or distribution of water;

2. Increasing, sustaining or reducing water pressure;or

3. The supervision, monitoring, administration,management, operation or maintenance of the water system, including acquisitionof water rights,

subject toany restrictions set forth in the Safe Drinking Water Act.

(Added to NRS by 1997, 1822)

NRS 445A.235 Publicwater system defined. Public water systemmeans a system, regardless of ownership, that provides the public with waterfor human consumption through pipes or other constructed conveyances, if thesystem has 15 or more service connections, as defined in NRS 445A.843, or regularly serves 25 ormore persons. The term includes:

1. A facility for the collection, pumping, treatment,storage or distribution of water which is controlled by the operator of thesystem and used primarily in connection with the system; and

2. A facility for the collection or storage beforetreatment of water which is not controlled by the operator of the system but isused primarily in connection with the system.

(Added to NRS by 1997, 1822; A 1999, 1866)

NRS 445A.240 SafeDrinking Water Act defined. Safe DrinkingWater Act means 42 U.S.C. 300f et seq., as amended.

(Added to NRS by 1997, 1822)

NRS 445A.245 Smallwater system defined. Small water systemmeans a public water system serving less than 10,000 persons.

(Added to NRS by 1997, 1822)

NRS 445A.250 Statesecurities defined. State securities meanssecurities of the kinds described in NRS349.198 authorized to be issued in the name and on behalf of the State uponthe authorization of the Administrator.

(Added to NRS by 1997, 1822)

NRS 445A.255 Creationand purpose; payment of claims; faith of State pledged.

1. The Account to Finance the Construction ofProjects, to be known as the Account for the Revolving Fund, is hereby createdin the Fund for Water Projects Loans.

2. The account to fund activities, other thanprojects, authorized by the Safe Drinking Water Act, to be known as the Accountfor Set-Aside Programs, is hereby created in the Fund for the Municipal BondBank.

3. The money in the Account for the Revolving Fund andthe Account for Set-Aside Programs may be used only for the purposes set forthin the Safe Drinking Water Act.

4. All claims against the Account for the RevolvingFund and the Account for Set-Aside Programs must be paid as other claimsagainst the State are paid.

5. The faith of the State is hereby pledged that themoney in the Account for the Revolving Fund and the Account for Set-AsidePrograms will not be used for purposes other than those authorized by the SafeDrinking Water Act.

(Added to NRS by 1997, 1823; A 1999, 21; A 2001, 2754)

NRS 445A.260 Interestand income; deposits; acceptance of gifts, appropriations, contributions,grants and bequests; use of money to benefit public water systems limited.

1. The interest and income earned on money in theAccount for the Revolving Fund and the Account for Set-Aside Programs must becredited to the Account for the Revolving Fund and the Account for Set-AsidePrograms, respectively.

2. All payments of principal and interest on all loansmade to a public water system and all proceeds from the sale, refunding orprepayment of obligations of a public water system acquired or loans made incarrying out the purposes of the Account for the Revolving Fund must bedeposited in the State Treasury for credit to the Account for the RevolvingFund.

3. The Division may accept gifts, appropriations fromthe State General Fund, contributions, grants and bequests of money from anypublic or private source. The money so accepted must be deposited in the StateTreasury for credit to the Account for the Revolving Fund, or the Account forSet-Aside Programs, and can be used to provide money from the State to matchthe federal grant, as required by the Safe Drinking Water Act.

4. Except as otherwise provided in subsection 5, onlyfederal money deposited in a separate subaccount of the Account for theRevolving Fund, including repayments of principal and interest on loans madesolely from federal money, and interest and income earned on federal money inthe Account for the Revolving Fund, may be used to benefit public water systemsnot governmentally owned.

5. In addition to the sources described in subsection4, the proceeds of state securities that are solely secured by and solelypayable from one or more of the sources set forth in subsection 4 may be usedto benefit public water systems not governmentally owned.

(Added to NRS by 1997, 1823)

NRS 445A.265 Powersand duties of Division; limitations.

1. The Division shall:

(a) Use the money in the Account for the Revolving Fundand the Account for Set-Aside Programs for the purposes set forth in the SafeDrinking Water Act.

(b) Determine whether public water systems whichreceive money or other assistance from the Account for the Revolving Fund orthe Account for Set-Aside Programs comply with the Safe Drinking Water Act andregulations adopted pursuant thereto.

2. The Division may:

(a) Prepare and enter into required agreements with theFederal Government for the acceptance of grants of money for the Account forthe Revolving Fund and the Account for Set-Aside Programs.

(b) Bind itself to terms of the required agreements.

(c) Accept grants made pursuant to the Safe DrinkingWater Act.

(d) Manage the Account for the Revolving Fund and theAccount for Set-Aside Programs in accordance with the requirements andobjectives of the Safe Drinking Water Act.

(e) Provide services relating to management andadministration of the Account for the Revolving Fund and the Account for Set-AsidePrograms, including the preparation of any agreement, plan or report.

(f) Perform, or cause to be performed by the NevadaRural Water Association or other persons, agencies or organizations throughinteragency agreement, contract or memorandum of understanding, set-asideprograms pursuant to 42 U.S.C. 300j-12 of the Safe Drinking Water Act.

3. The Division shall not:

(a) Commit any money in the Account for the RevolvingFund for expenditure for the purposes set forth in NRS 445A.275; or

(b) Establish the priorities for determining whichpublic water systems will receive money or other assistance from the Accountfor the Revolving Fund,

withoutobtaining the prior approval of the Board for financing water projects.

(Added to NRS by 1997, 1824; A 1999, 1866)

NRS 445A.270 Regulationsof Commission. The Commission may adopt suchregulations as are necessary to carry out the provisions of NRS 445A.200 to 445A.295, inclusive.

(Added to NRS by 1997, 1826; A 2003, 3061)

NRS 445A.275 Limitationson use of money; compliance with federal law.

1. Except as otherwise provided in NRS 445A.260 and 445A.280, money in the Account for theRevolving Fund, including repayments of principal and interest on loans, andinterest and income earned on money in the Account for the Revolving Fund, maybe used only to:

(a) Make loans at or below the market rate to publicwater systems for the construction of projects.

(b) Buy or refinance at or below the market rate theobligations of public water systems if:

(1) The project for which the obligations wereincurred complies with the Safe Drinking Water Act and regulations adoptedpursuant thereto; and

(2) The obligations were incurred after July 1,1993.

(c) Guarantee or purchase insurance for localobligations, including nongovernmental debt or municipal debt, if the actionwould improve access to credit or reduce the rate of interest applicable to theobligation.

(d) Arrange for the sale of state securities, includingstate securities issued to provide money from the State to match the federalgrant, as required by the Safe Drinking Water Act, if the net proceeds from thesale of those state securities are deposited in the Account for the RevolvingFund.

(e) Provide or guarantee loans or as a source ofreserve and security for leveraged loans, except that repayments of interest onloans, and interest and income earned on money in the Account for the RevolvingFund, may be used to secure the sale of state securities or otherwise bepledged to provide money from the State to match the federal grant, as requiredby the Safe Drinking Water Act.

2. Money in the Account for Set-Aside Programs may beused only to fund set-aside programs authorized by the Safe Drinking Water Act.Money in the Account for Set-Aside Programs may be transferred to the Accountfor the Revolving Fund pursuant to the Safe Drinking Water Act.

3. A public water system which requests a loan orother financial assistance must demonstrate that it has:

(a) Complied with the Safe Drinking Water Act andregulations adopted pursuant thereto; or

(b) Agreed to take actions that are needed to ensurethat it has the capability to comply with the Safe Drinking Water Act andregulations adopted pursuant thereto.

4. Funding from the Account for the Revolving Fund maynot be given to an existing public water system unless it has the technical,managerial and financial capability to ensure compliance with the Safe DrinkingWater Act and regulations adopted pursuant thereto. A new public water system,to receive such funding, must demonstrate that it has the technical, managerialand financial capability to ensure compliance with the Safe Drinking Water Actand regulations adopted pursuant thereto.

(Added to NRS by 1997, 1824)(Substituted in revisionfor part of NRS 445A.260)

NRS 445A.280 Administration:Limitations on expenditures; imposition and collection of fees to defray costs.

1. The Administrator shall not:

(a) Spend more than 4 percent of the federal grant fora set-aside program for administration pursuant to 42 U.S.C. 300j-12(g)(2) ofthe Safe Drinking Water Act;

(b) Spend more than 10 percent of the federal grant fora set-aside program for activities authorized pursuant to 42 U.S.C. 300j-12(g)(2) of the Safe Drinking Water Act if matched equally by the State;

(c) Spend more than 2 percent of the federal grant fora set-aside program for technical assistance to small water systems pursuant to42 U.S.C. 300j-12(g)(2) of the Safe Drinking Water Act; or

(d) Spend more than 15 percent of the federal grant fora set-aside program for activities authorized pursuant to 42 U.S.C. 300j-12(k) of the Safe Drinking Water Act.

2. The Administrator may impose and collect a fee fromeach public water system that receives a loan or other financial assistancefrom the Account for the Revolving Fund or the Account for Set-Aside Programs.The fee must be used to defray the costs of administering the Account for theRevolving Fund or the Account for Set-Aside Programs.

3. If the Administrator imposes a fee pursuant tosubsection 2, the Commission shall adopt regulations establishing the amount ofthe fee to be collected.

(Added to NRS by 1997, 1825; A 2003, 3061)

NRS 445A.285 Employmentof expert services. The Administrator mayemploy any legal, fiscal, engineering and other expert services necessary tocarry out his duties pursuant to NRS445A.200 to 445A.295, inclusive.

(Added to NRS by 1997, 1825)

NRS 445A.290 Legislativefindings and declarations; issuance of securities.

1. The Legislature finds and declares that any statesecurities issued pursuant to this section are necessary for the protection andpreservation of the property and natural resources of this State and for thepurpose of obtaining the benefits thereof, and their issuance constitutes anexercise of the authority conferred by the second paragraph of Section 3 ofArticle 9 of the Constitution of the State of Nevada.

2. The Administrator may authorize the State Treasurerto issue, sell or deliver state securities as general obligations or secured bypledged revenue if viable to carry out the purposes of the Account for theRevolving Fund, or to provide money from the State to match the federal grantas required by the Safe Drinking Water Act.

3. If the Administrator authorizes the issuance ofstate securities, the State Treasurer may:

(a) Sue and be sued to establish or enforce any rightarising out of a project receiving financial assistance or of any statesecurities issued pursuant to this authorization;

(b) Acquire and hold municipal securities, and exerciseall of the rights of holders of those securities;

(c) Sell or otherwise dispose of municipal securitiesand assets acquired in connection with those securities, unless limited by anyagreement which relates to the securities;

(d) Make contracts and execute all necessary orconvenient instruments;

(e) Accept grants of money from the Federal Government,the State, any agency or political subdivision thereof, or any other person;

(f) Adopt financial regulations relating to projectsreceiving financial assistance and the administration of those projects;

(g) Employ for himself or for any public water system,any necessary legal, fiscal, engineering and other expert services inconnection with projects receiving financial assistance and with theauthorization, sale and issuance of state securities, and the purchase ofmunicipal securities or nongovernmental debt;

(h) Enter into agreements and arrangements consistentwith NRS 445A.200 to 445A.295, inclusive, concerning theauthorization, sale and issuance of state securities and the purchase ofmunicipal securities or nongovernmental debt;

(i) Require, as appropriate to secure a nongovernmentaldebt, enhancements of credit or the pledge of any variety of collateral orother types of security, such as corporate or personal guarantees; and

(j) Undertake other matters which he determines to benecessary or desirable to accomplish the purposes of NRS 445A.200 to 445A.295, inclusive.

4. The money in the Account for the Revolving Fundwhich is available for the payment of the interest and installments ofprincipal on the state securities must be pledged as the primary source for thepayment of the state securities. The full faith and credit of the State may bepledged as additional security for the payment of the state securities.

(Added to NRS by 1997, 1822, 1826)

NRS 445A.295 Environmentalreview: Regulations; preparation and review of environmental assessments.

1. The Commission shall adopt such regulations as arenecessary relating to the environmental review required by the Safe DrinkingWater Act.

2. Each public water system which receives money fromthe Account for the Revolving Fund shall prepare an environmental assessmentwhich complies with the regulations adopted by the Commission and submit it tothe Division for review.

3. The Division shall review each such assessment.

(Added to NRS by 1997, 1825; A 2003, 3061)

WATER POLLUTION CONTROL

NRS 445A.300 Shorttitle. NRS445A.300 to 445A.730, inclusive,may be cited as the Nevada Water Pollution Control Law.

(Added to NRS by 1973, 1707; A 1977,1141)(Substituted in revision for NRS 445.131)

NRS 445A.305 Legislativedeclaration.

1. The Legislature finds that pollution of water inthis State:

(a) Adversely affects public health and welfare;

(b) Is harmful to wildlife, fish and other aquaticlife; and

(c) Impairs domestic, agricultural, industrial,recreational and other beneficial uses of water.

2. The Legislature declares that it is the policy ofthis State and the purpose of NRS 445A.300to 445A.730, inclusive:

(a) To maintain the quality of the waters of the Stateconsistent with the public health and enjoyment, the propagation and protectionof terrestrial and aquatic life, the operation of existing industries, thepursuit of agriculture, and the economic development of the State; and

(b) To encourage and promote the use of methods ofwaste collection and pollution control for all significant sources of waterpollution (including point and diffuse sources).

(Added to NRS by 1973, 1707; A 1979,1026)(Substituted in revision for NRS 445.132)

NRS 445A.310 Definitions. As used in NRS445A.300 to 445A.730, inclusive,unless the context otherwise requires, the words and terms defined in NRS 445A.315 to 445A.420, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 1973, 1708; A 1977, 1141; 1979, 344,1027, 1915; 1985, 763; 1991, 1742; 1995, 1585; 2001, 956; 2003, 2113)

NRS 445A.315 Administratordefined. Administrator means the executivehead of the Division.

(Added to NRS by 1977, 1141)

NRS 445A.320 Commissiondefined. Commission means the StateEnvironmental Commission.

(Added to NRS by 1973, 1708)(Substituted in revisionfor NRS 445.141)

NRS 445A.325 Contaminantdefined. Contaminant means any physical,chemical, biological or radiological substance or matter which is added towater.

(Added to NRS by 1985, 762)(Substituted in revisionfor NRS 445.143)

NRS 445A.330 Departmentdefined. Department means the State Departmentof Conservation and Natural Resources.

(Added to NRS by 1973, 1708; A 1973, 1406; 1977,1141)(Substituted in revision for NRS 445.146)

NRS 445A.335 Diffusesource defined. Diffuse source means anysource of water pollution which is diffused to the extent that it is notreadily discernible and cannot be confined to a discrete conveyance. This termis intended to be equivalent to the term nonpoint source as used in federalstatutes and regulations.

(Added to NRS by 1979, 1029)(Substituted in revisionfor NRS 445.147)

NRS 445A.340 Directordefined. Director means the Director of theDepartment or his designee.

(Added to NRS by 1973, 1708)(Substituted in revisionfor NRS 445.148)

NRS 445A.345 Dischargedefined. Discharge means any addition of apollutant or pollutants to water.

(Added to NRS by 1973, 1708)(Substituted in revisionfor NRS 445.151)

NRS 445A.350 Divisiondefined. Division means the Division of EnvironmentalProtection of the Department.

(Added to NRS by 1977, 1141)(Substituted in revisionfor NRS 445.152)

NRS 445A.355 Effluentlimitation defined. Effluent limitationmeans any applicable state and federal water quality standard or limitationwhich imposes any restriction or prohibition on quantities, rates andconcentrations of chemical, physical, biological and other constituents whichare discharged from point sources into any waters of the State.

(Added to NRS by 1973, 1708)(Substituted in revisionfor NRS 445.156)

NRS 445A.360 Generalpermit defined. General permit means a permitissued by the Department pursuant to NRS445A.475.

(Added to NRS by 1991, 1741)(Substituted in revisionfor NRS 445.158)

NRS 445A.363 Hazardouswaste defined. Hazardous waste has themeaning ascribed to it in NRS 459.430.

(Added to NRS by 2003, 2113)

NRS 445A.365 Individualpermit defined. Individual permit, exceptas otherwise provided in NRS 445A.385,means any permit issued by the Department pursuant to NRS 445A.300 to 445A.730, inclusive, that is not ageneral permit.

(Added to NRS by 1991, 1741)(Substituted in revisionfor NRS 445.159)

NRS 445A.370 Interstateagency defined. Interstate agency means anagency of two or more states:

1. Established by or pursuant to an agreement orcompact approved by the Congress of the United States; or

2. Having substantial powers or duties pertaining tothe control of pollution of waters.

(Added to NRS by 1973, 1708)(Substituted in revisionfor NRS 445.161)

NRS 445A.375 Municipalitydefined. Municipality means:

1. Any city, town, county, district, association orother public body created by or pursuant to the law of this State and havingjurisdiction over disposal of sewage, industrial wastes or other wastes; or

2. An Indian tribe or an authorized Indian tribalorganization.

(Added to NRS by 1973, 1708)(Substituted in revisionfor NRS 445.166)

NRS 445A.380 Packageplant for sewage treatment defined.

1. Package plant for sewage treatment means anyplant which:

(a) Consists of units or modules designed forconstruction, assembly, connection and installation at the site for treatmentof sewage; and

(b) Is privately owned and will be operated to treatwastewater and sewage for a limited area.

2. The term does not include:

(a) A plant for the treatment of domestic sewage whosecapacity is less than 5,000 gallons per day;

(b) Septic systems comprised of single or multipleseptic tanks and leach fields; or

(c) Systems operated for the pretreatment of industrialwastewater before disposal to a publicly owned treatment plant.

(Added to NRS by 1979, 1912; A 1993,909)(Substituted in revision for NRS 445.168)

NRS 445A.385 Permitdefined. Permit includes a general permit,individual permit or temporary permit. The term does not include a permitissued pursuant to NRS 445A.615 or 445A.625.

(Added to NRS by 1991, 1741)(Substituted in revisionfor NRS 445.169)

NRS 445A.390 Persondefined. Person includes the United States,to the extent authorized by federal law, the State or any agency or institutionthereof, any municipality or other political subdivision of this State or anyinterstate body.

(Added to NRS by 1973, 1708; A 1985,516)(Substituted in revision for NRS 445.171)

NRS 445A.395 Pointsource defined. Point source means anydiscernible, confined and discrete conveyance, including but not limited to anypipe, ditch, channel, tunnel, conduit, well, discrete fissure, container,rolling stock, concentrated animal feeding operation, or vessel or otherfloating craft, from which pollutants are or may be discharged. The term doesnot include return flows from irrigated agriculture.

(Added to NRS by 1973, 1708; A 1979,1027)(Substituted in revision for NRS 445.176)

NRS 445A.400 Pollutantdefined. Pollutant:

1. Means dredged soil, solid waste, incineratorresidue, sewage, garbage, sewage sludge, munitions, chemical wastes, biologicalmaterials, radioactive materials, heat, wrecked or discarded equipment, rock,sand, cellar dirt and industrial, municipal and agricultural waste dischargedinto water.

2. Does not mean water, gas or other material which isinjected into a well to facilitate production of oil or gas, or water derivedin association with oil or gas production and disposed of in a well, if thewell is used either for facilitating production or for disposal purposes and ifthe Department determines that such injection or disposal will not result inthe degradation of ground or surface water resources.

3. Does not mean water, gas or other material injectedinto a well or used to stimulate a reservoir of geothermal resources if theDepartment determines that the injection or stimulation will not result in thedegradation of ground or surface water resources.

(Added to NRS by 1973, 1708; A 1981,660)(Substituted in revision for NRS 445.178)

NRS 445A.405 Pollutiondefined. Pollution means the man-made orman-induced alteration of the chemical, physical, biological and radiologicalintegrity of water.

(Added to NRS by 1973, 1709)(Substituted in revisionfor NRS 445.181)

NRS 445A.410 Treatmentworks defined. Treatment works means:

1. Any devices and systems used in the storage,treatment, recycling and reclamation of municipal sewage or industrial wastesof a liquid nature, including intercepting sewers, outfall sewers, sewage collectionsystems, pumping, power and other equipment, and their appurtenances;

2. Extensions, improvements, remodeling, additions,and alterations of any device or system mentioned in subsection 1;

3. Units essential to provide a reliable recycledsupply such as stand-by treatment units and clear well facilities;

4. Any works, including site acquisition of the landthat will be an integral part of the treatment process or is used for ultimatedisposal of residues resulting from such treatment; and

5. Any other method or system for preventing, abating,reducing, storing, treating, separating or disposing of municipal waste,including storm water runoff, industrial waste or waste in combined storm waterand sanitary sewer systems.

(Added to NRS by 1973, 1709)(Substituted in revisionfor NRS 445.186)

NRS 445A.415 Watersof the State defined. Waters of the Statemeans all waters situated wholly or partly within or bordering upon this State,including but not limited to:

1. All streams, lakes, ponds, impounding reservoirs,marshes, water courses, waterways, wells, springs, irrigation systems anddrainage systems; and

2. All bodies or accumulations of water, surface andunderground, natural or artificial.

(Added to NRS by 1973, 1709)(Substituted in revisionfor NRS 445.191)

NRS 445A.420 Waterquality standard defined. Water quality standardmeans the degree of pollution of water or the physical, chemical or biologicalcondition of water, as expressed numerically or descriptively, used forcontrolling the quality of water in each segment of a stream and each otherbody of surface water in this State.

(Added to NRS by 1973, 1709; A 1979,1027)(Substituted in revision for NRS 445.196)

NRS 445A.425 Powersand duties of Commission.

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

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

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

(c) Adopt regulations controlling the injection offluids through a well to prohibit those injections into underground water, ifit supplies or may reasonably be expected to supply any public water system, asdefined in NRS 445A.840, which mayresult in that systems noncompliance with any regulation regarding primarydrinking water or may otherwise have an adverse effect on human health.

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

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

2. The Commission may by regulation require thatsupervisors and technicians responsible for the operation and maintenance ofplants for sewage treatment be certified by the Department. The regulations mayinclude a schedule of fees to pay the costs of certification. The provisions ofthis subsection apply only to a package plant for sewage treatment whosecapacity is more than 5,000 gallons per day and to any other plant whosecapacity is more than 10,000 gallons per day.

3. In adopting regulations, standards of water qualityand effluent limitations pursuant to NRS445A.300 to 445A.730, inclusive,the Commission shall recognize the historical irrigation practices in therespective river basins of this State, the economy thereof and their effects.

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

5. As used in this section, plant for sewagetreatment means any facility for the treatment, purification or disposal ofsewage.

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

NRS 445A.427 Analysisto detect hazardous waste or regulated substance to be performed by certifiedlaboratory; exception.

1. Except as otherwise provided in subsection 2, anyanalysis performed to detect the presence of hazardous waste or a regulatedsubstance in soil or water as required for the purposes of NRS 445A.300 to 445A.730, inclusive, must be performed bya laboratory certified pursuant to the regulations adopted pursuant to NRS 445A.425.

2. The provisions of subsection 1 do not apply to ananalysis of waste that is managed by a facility for the management of hazardouswaste.

(Added to NRS by 2003, 2113)

NRS 445A.428 Commissionto provide standards for certification of laboratories for analysis of water;certified laboratory required to perform certain analyses; evaluation.

1. The Commission shall provide by regulationstandards for the certification of laboratories for the analysis of waterpursuant to NRS 445A.300 to 445A.730, inclusive. An analysis requiredpursuant to any provision of NRS 445A.300to 445A.730, inclusive, must beperformed by a certified laboratory.

2. The certifying officer shall conduct an evaluationat the site of each laboratory to determine whether the laboratory is using themethods of analysis required by this section in an acceptable manner, applyingprocedures required by regulation for the control of quality and making resultsavailable in a timely manner.

3. For analyses required pursuant to NRS 445A.300 to 445A.730, inclusive, the methods ofanalysis must comply with 40 C.F.R. Part 136.

4. A laboratory may be certified to perform analysesfor the presence of one or more specified contaminants, or to perform allanalyses required pursuant to NRS 445A.300to 445A.730, inclusive.

(Added to NRS by 1995, 1584)

NRS 445A.430 Fees:Establishment by Commission; disposition.

1. The Commission shall prescribe a schedule ofreasonable fees for applications for permits under the provisions of NRS 445A.465 to 445A.510, inclusive, to defray the costsof processing applications for permits and administering the program forreviewing applications and granting permits.

2. The Commission may establish reasonable fees forthe review of plans and specifications by the Director and for servicesprovided by the Division.

3. Fees collected pursuant to this section must bedeposited with the State Treasurer for credit to the appropriate account of theDivision and must be used in the administration of the program for the controlof water pollution provided for in NRS445A.300 to 445A.730, inclusive.

(Added to NRS by 1989, 487)(Substituted in revisionfor NRS 445.203)

NRS 445A.435 Noticeof hearing on regulation which provides standard of water quality or dischargeof waste. If a regulation which is to beconsidered by the Commission provides a standard of water quality or wastedischarge, notice of the hearing on the regulation must be published at leastonce in a newspaper of general circulation in the area to which the standard,if adopted, will apply.

(Added to NRS by 1973, 1710; A 1977, 69; 1981,81)(Substituted in revision for NRS 445.207)

NRS 445A.440 Departmentdesignated as State Water Pollution Control Agency. TheDepartment is:

1. Designated as the State Water Pollution ControlAgency for this State for all purposes of federal water pollution controllegislation except that the Commission has the exclusive power to promulgaterules and regulations as provided in NRS445A.425; and

2. Authorized to take all action necessary andappropriate to secure all the benefits of any federal legislation provided insubsection 1.

(Added to NRS by 1973, 1710)(Substituted in revisionfor NRS 445.211)

NRS 445A.445 Dutiesof Director. The Director shall:

1. Administer and enforce the provisions of NRS 445A.300 to 445A.730, inclusive, all regulationsadopted by the Commission, and all orders and permits issued by the Department;

2. Examine and approve or disapprove plans andspecifications for the construction and operation of new treatment works andextensions, modifications of or additions to new or existing treatment works;

3. Develop comprehensive plans and programs forpreventing, reducing or eliminating pollution and controlling injectionsthrough a well to prevent the degradation of existing or potential undergroundsources of drinking water, with due regard to the improvements which arenecessary to conserve waters for the protection and propagation of fish andaquatic life, wildlife, recreational purposes, public water supply,agricultural, industrial and other purposes; and

4. Certify all costs and expenditures for anyfacility, land, building, machinery, equipment, treatment works or disposalsystems which are acquired, constructed or installed in conformity with thepurposes of NRS 445A.300 to 445A.730, inclusive.

(Added to NRS by 1973, 1710; A 1977, 1141; 1979,1916; 1981, 81; 1985, 764)(Substituted in revision for NRS 445.214)

NRS 445A.450 Powersof Director. The Director may:

1. Perform any acts consistent with the requirementsof state and federal legislation concerning the control of the injection offluids through a well and the control of water pollution and conditions thereofrelating to participation in and administration by this State of the NationalPollutant Discharge Elimination System;

2. Advise, consult and cooperate with other agenciesof the State, the Federal Government, other states, interstate agencies andwith other persons in furthering the purposes of NRS 445A.300 to 445A.730, inclusive;

3. Take the steps necessary to qualify for, accept andadminister loans and grants from the Federal Government and from other sources,public or private, for carrying out any functions under NRS 445A.300 to 445A.730, inclusive;

4. Encourage, request, participate in or conductstudies, surveys, investigations, research, experiments, demonstrations andpilot programs by contract, grant or other means;

5. Maintain or require supervisors and operators oftreatment plants which are privately owned or owned by a municipality or otherpublic entity to maintain records and devices for continuing observation andestablish or require these supervisors and operators to establish proceduresfor making inspections and obtaining samples necessary to prepare reports;

6. Collect and disseminate information to the publicas he considers advisable and necessary for the discharge of his duties under NRS 445A.300 to 445A.730, inclusive;

7. Hold hearings and issue subpoenas requiring theattendance of witnesses and the production of evidence as he finds necessary tocarry out the provisions of NRS 445A.300to 445A.730, inclusive;

8. Exercise all incidental powers necessary to carryout the purposes of NRS 445A.300 to 445A.730, inclusive; and

9. Delegate to the Division any function or authoritygranted to him under NRS 445A.300 to 445A.730, inclusive.

(Added to NRS by 1985, 762)(Substituted in revisionfor NRS 445.216)

NRS 445A.455 Disqualificationof Director; exception.

1. The Director shall not be a person who receives orhas during the previous 2 years received a significant portion of his income,as defined by any applicable state or federal law, directly or indirectly fromone or more holders of or applicants for a permit required by NRS 445A.300 to 445A.730, inclusive.

2. The disqualification provided in this section doesnot apply with respect to significant income received from any department oragency of state government which may be a holder of or an applicant for apermit required by NRS 445A.300 to 445A.730, inclusive.

(Added to NRS by 1973, 1711; A 1975,1404)(Substituted in revision for NRS 445.217)

NRS 445A.460 Administrator:Qualifications; disqualification; exception.

1. The Administrator shall be selected with specialreference to his training, experience, capacity and interest in the field ofenvironmental protection and ability to administer and direct the work of apublic agency.

2. The Administrator shall not be a person whoreceives or has received during the previous 2 years a significant portion ofhis income, as defined by any applicable state or federal law, directly orindirectly from one or more holders of or applicants for a permit required by NRS 445A.300 to 445A.730, inclusive. The disqualificationprovided in this subsection does not apply with respect to significant income receivedfrom any department or agency of state government which may be a holder of oran applicant for such a permit.

(Added to NRS by 1977, 1141)(Substituted in revisionfor NRS 445.219)

NRS 445A.465 Injectionof fluids through well or discharge of pollutant without permit prohibited;regulations.

1. Except as authorized by a permit issued by theDepartment pursuant to the provisions of NRS445A.300 to 445A.730, inclusive,and regulations adopted by the Commission, it is unlawful for any person to:

(a) Discharge from any point source any pollutant intoany waters of the State or any treatment works.

(b) Inject fluids through a well into any waters of theState.

(c) Discharge from a point source a pollutant or injectfluids through a well that could be carried into the waters of the State by anymeans.

(d) Allow a pollutant discharged from a point source orfluids injected through a well to remain in a place where the pollutant orfluids could be carried into the waters of the State by any means.

2. The Commission shall adopt regulations whichprovide a simplified procedure for approval by the Department of permits thatare required by subsection 1 for work related to clearing and maintaining thechannel of a navigable river, including, without limitation, dredging orfilling, bank stabilization or restoration, channel clearance, construction ofirrigation diversions or the clearance of vegetation, debris or temporaryobstructions. The regulations must include a limitation on the time allowed forthe processing of an application for such a permit to not more than 60 daysafter receipt by the Department of a completed application and any requiredfees, unless the Administrator determines that it is in the public interest tohold a public hearing regarding the application and promptly notifies theapplicant of that determination.

(Added to NRS by 1973, 1711; A 1985, 765; 1991, 857,1742, 1743; 1997, 1262)

NRS 445A.470 Restrictionson regulation concerning injection of fluid through well or permit issued forinjections. Any regulation concerning injectionsof fluids through a well or any permit issued for the purpose of such an injectionmay not interfere with or impede the injection of material into a well tofacilitate production of oil or gas or an injection to dispose of brine, wateror other fluids which were brought to the surface in connection with theproduction of oil or gas, if the well is used either for facilitatingproduction or for disposal and if the Department determines that this injectionor disposal will not result in the degradation of underground or surface water.

(Added to NRS by 1985, 763)(Substituted in revisionfor NRS 445.222)

NRS 445A.475 Permits:Issuance of general permits. A general permitmay be issued for a category of discharges or injections of fluids through awell which:

1. Corresponds with an existing geographical orpolitical boundary;

2. Involves the same or similar types of discharge orinjection;

3. Requires the same limitations or conditions in apermit;

4. Requires the same or similar monitoring; or

5. In the opinion of the Department, is moreappropriately regulated by a general permit rather than an individual permit.

(Added to NRS by 1991, 1741)(Substituted in revisionfor NRS 445.223)

NRS 445A.480 Permits:Authority of Department to require individual permit.

1. The Department may require the holder of a generalpermit to apply for and obtain an individual permit.

2. An individual permit may be required by theDepartment in any of the following cases, without limitation:

(a) If the discharge or injection of fluids through awell is not in compliance with the conditions of the general permit.

(b) If a change in circumstances has occurred and thegeneral permit is no longer applicable.

(c) If the Department determines that the discharge orinjection of fluids is a significant or potentially significant contributor ofpollutants. In making this determination, the Department may consider:

(1) The location of the discharge or injection;

(2) The size of the discharge or injection; and

(3) The quantity and nature of the pollutantsdischarged or injected.

(Added to NRS by 1991, 1741)(Substituted in revisionfor NRS 445.2233)

NRS 445A.485 Permits:Issuance of temporary permits. The Departmentmay issue a temporary permit for the discharge of pollutants or the injectionof fluids through a well. The permit is valid for not more than 180 days.

(Added to NRS by 1991, 1741; A 1993,2790)(Substituted in revision for NRS 445.2235)

NRS 445A.490 Permits:Issuance prohibited in certain cases. Nopermit may be issued which authorizes any discharge or injection of fluidsthrough a well into any waters of the State:

1. Of any radiological, chemical or biological warfareagent or high-level radioactive waste;

2. Which would substantially impair anchorage andnavigation in any waters of the State;

3. Which would result in the degradation of existingor potential underground sources of drinking water;

4. Which is inconsistent with an applicable areawideplan for management of the treatment of waste; or

5. Which the Director determines is inconsistent withthe regulations and guidelines adopted by the Commission pursuant to NRS 445A.300 to 445A.730, inclusive, including thoserelating to standards of water quality and injections of fluids through a well.

(Added to NRS by 1973, 1711; A 1985,766)(Substituted in revision for NRS 445.224)

NRS 445A.495 Permits:Term; renewal. The Department may issue permitsfor fixed terms not to exceed 5 years, but a permit to operate a package plantfor sewage treatment must be reviewed annually by the Department. In compliancewith the regulations adopted by the Commission, the Department may issue a newpermit upon expiration of an existing permit if:

1. The holder of the permit is in full or substantialcompliance with all the requirements and schedules of compliance of the expiredpermit;

2. The Department has current information on thenature and frequency of the discharge or injection of fluids through a well bya holder of a permit, either pursuant to the submission of new forms andapplications or pursuant to continuing observation of records and reportssubmitted to the Department by the holder of the permit; and

3. The discharge or injection of fluids through a wellis consistent with applicable effluent limitations, standards of water qualityand other applicable requirements set forth in NRS 445A.300 to 445A.730, inclusive.

(Added to NRS by 1973, 1712; A 1979, 1917; 1985,766)(Substituted in revision for NRS 445.227)

NRS 445A.500 Permits:Conditions; notice of application.

1. Each permit issued by the Department must ensurecompliance with the following factors whenever applicable to the discharge orthe injection of fluids through a well for which the permit is sought:

(a) Effluent limitations;

(b) Standards of performance for new sources;

(c) Standards for pretreatment;

(d) Standards for injections of fluids through a well;and

(e) Any more stringent limitations, including anynecessary to meet or effectuate standards of water quality, standards oftreatment or schedules of compliance developed by the Department as part of acontinuing planning process or areawide plan for the management of thetreatment of waste under NRS 445A.580or in furthering the purposes and goals of NRS445A.300 to 445A.730, inclusive.

2. Each permit must specify average and maximum dailyor other appropriate quantitative limitations for the level of pollutants orcontaminants in the authorized discharge or injection.

3. If an application is made to discharge from a pointsource into any waters of this State which flow directly or ultimately into anirrigation reservoir upstream from which are located urban areas in two or morecounties and if each county has a population of 50,000 or more, the Departmentmust give notice of the application to each city, county, unincorporated townand irrigation district located downstream from the point of discharge. Noticeto an unincorporated town must be given to the town board or advisory councilif there is one.

(Added to NRS by 1973, 1712; A 1981, 1581; 1985, 766;1989, 1927; 2001,1991)

NRS 445A.505 Permits:Report by holder of permit of new or increased discharges; reapplication.

1. A holder of a permit for a publicly owned treatmentworks shall notify and supply the Department with information concerning anynew or increased introduction of pollutants into the treatment works.

2. All holders of permits issued under NRS 445A.465 to 445A.510, inclusive, whose productionincreases, or whose process modifications or facility expansion result in newor increased discharges or injections of fluids through a well shall reportsuch changes by submitting a new application for a permit to the Department.

(Added to NRS by 1973, 1712; A 1985,767)(Substituted in revision for NRS 445.234)

NRS 445A.510 Permits:Collection of fee. In accordance with theschedule of fees prescribed by the Commission, the Department shall charge eachapplicant a fee for an application for a permit.

(Added to NRS by 1973, 1712; A 1985, 716; 1989,488)(Substituted in revision for NRS 445.237)

NRS 445A.515 Compliancewith conditions of permit required. If anydischarge does not comply with the provisions of NRS 445A.500 and 445A.505, the Department shall requirethe permit holder to take specific steps to comply therewith.

(Added to NRS by 1973, 1713)(Substituted in revisionfor NRS 445.241)

NRS 445A.520 Standardsof water quality.

1. The Commission shall establish water qualitystandards at a level designed to protect and ensure a continuation of thedesignated beneficial use or uses which the Commission has determined to beapplicable to each stream segment or other body of surface water in the State.

2. The Commission shall base its water qualitystandards on water quality criteria which numerically or descriptively definethe conditions necessary to maintain the designated beneficial use or uses ofthe water. The water quality standards must reflect water quality criteriawhich define the conditions necessary to support, protect and allow thepropagation of fish, shellfish and other wildlife and to provide for recreationin and on the water if these objectives are reasonably attainable.

3. The Commission may establish water qualitystandards for individual segments of streams or for other bodies of surfacewater which vary from standards based on recognized criteria if such variationsare justified by the circumstances pertaining to particular places, asdetermined by biological monitoring or other appropriate studies.

(Added to NRS by 1973, 1713; A 1979,1028)(Substituted in revision for NRS 445.244)

NRS 445A.525 Effluentlimitations: Establishment; enforcement.

1. Effluent limitations shall be established andenforced for point sources, including publicly owned treatment works, whichrequire the application of the best practicable control economicallyachievable.

2. In the case of a discharge into a publicly ownedtreatment plant in existence on July 1, 1977, or federally approved prior toJune 30, 1974, effluent limitations shall be established and enforced whichcomply with applicable pretreatment requirements or are based upon secondarytreatment as federally defined.

(Added to NRS by 1973, 1713)(Substituted in revisionfor NRS 445.247)

NRS 445A.530 Effluentlimitations: Additional limitations. If morestringent limitations are needed, including those necessary to meet waterquality standards, treatment standards or schedules of compliance establishedpursuant to the laws of this State or any other federal law or regulation, orare required to implement any applicable water quality standard established bythe Commission pursuant to NRS 445A.300to 445A.730, inclusive, suchlimitations shall be established and enforced.

(Added to NRS by 1973, 1713)(Substituted in revisionfor NRS 445.251)

NRS 445A.535 Packageplant for sewage treatment: Exemption from provisions of NRS 445A.540to 445A.560,inclusive. Any public utility subject to thejurisdiction of the Public Utilities Commission of Nevada which is providingsewerage on June 7, 1979, is exempt from the provisions of NRS 445A.540 to 445A.560, inclusive.

(Added to NRS by 1979, 1913; A 1987, 717; 1997, 1995)

NRS 445A.540 Packageplant for sewage treatment: Conditions for issuing permit. A permit to discharge water from a package plant forsewage treatment may not be issued unless all of the following conditions aremet:

1. Neither of the following is available:

(a) Sewerage provided by a public utility; or

(b) Sewerage provided by a municipality or other publicentity.

2. The applicant fully complies with all of theconditions of NRS 445A.465 to 445A.515, inclusive.

3. The local governing body assumes:

(a) Responsibility in case of default by the builder ordeveloper for the continued operation and maintenance of the plant inaccordance with all of the terms and conditions of the permit.

(b) The duty of assessing the lands served as providedin subsection 5.

4. The applicant furnishes the local governing bodysufficient surety in the form of a bond, certificate of deposit, investmentcertificate or any other form acceptable to the governing body, to ensure thecontinued maintenance and operation of the plant:

(a) For 5 years following the date the plant is placedin operation; or

(b) Until 75 percent of the lots or parcels served bythe plant are sold,

whichever islater.

5. The owners of the lands to be served by the packageplant for sewage treatment record a declaration of covenants, conditions andrestrictions, which is an equitable servitude running with the land and whichmust provide that each lot or parcel will be assessed by the local governingbody for its proportionate share of the cost of continued operation andmaintenance of the plant if there is a default by the applicant or operator ofthe plant and a sufficient surety, as provided in subsection 4, is notavailable.

6. The declaration of covenants, conditions andrestrictions recorded by the owners further provides that if the localgoverning body determines that:

(a) The plant is not satisfactorily serving the needsof its users; and

(b) Sewerage provided by a public utility or amunicipality or other public entity is reasonably available,

the localgoverning body may require all users of a package plant for sewage treatment toconnect into the available sewers provided by a utility or a municipality orother public entity, and each lot or parcel will be assessed by the localgoverning body for its proportionate share of the cost of connecting into thosesewers. These assessments are not subject to the jurisdiction of the PublicUtilities Commission of Nevada.

7. Provision has been made for disposition of theplant and the land on which it is situated after the local governing bodyrequires all users to connect into available sewers provided by a publicutility or a municipality or other public entity.

(Added to NRS by 1979, 1913; A 1987, 717; 1997, 1995)

NRS 445A.545 Packageplant for sewage treatment: Assessment lien. Nolien for the assessments provided by the covenants, conditions and restrictionsdescribed in NRS 445A.540 is bindingupon the property until the local governing body, after a hearing, establishesthe costs, apportions them to each lot or parcel and records a notice of lienin the office of the county recorder in the county in which the property islocated.

(Added to NRS by 1979, 1914)(Substituted in revisionfor NRS 445.2523)

NRS 445A.550 Packageplant for sewage treatment: Deposit and expenditure of proceeds of assessments;refund of surplus.

1. The proceeds of any assessments upon lots orparcels must be deposited with the treasurer of the local governing body whichreceived them, and they may be expended only for the following purposes:

(a) Continued maintenance and operation of the packageplant for sewage treatment;

(b) Replacement of the plant if necessary; and

(c) Payment of the costs of connection to any sewerprovided by a public utility or a municipality or other public entity thatbecomes reasonably available.

2. If any surplus exists in the proceeds of assessmentsafter all purposes of the assessments have been fully met, the surplus must berefunded to the persons who paid the assessments, in the proportion that theirrespective assessments bear to the gross proceeds of all assessments collectedby the local governing body.

(Added to NRS by 1979, 1914)(Substituted in revisionfor NRS 445.2525)

NRS 445A.555 Packageplant for sewage treatment: Remedy for violation of conditions of permit;assumption of control of plant by local governing body.

1. If the Department has found that any of theconditions of a permit to discharge water from a package plant for sewagetreatment are being violated and has notified the holder of the permit that hemust bring the plant into compliance, but the holder of the permit has failedto comply within a reasonable time after the date of the notice, the localgoverning body may take the following actions independently of any furtheraction by the Department:

(a) Give written notice, by certified mail, to theowner of the plant and the owners of the property served by the plant that ifthe violation is not corrected within 30 days after the date of the notice, thelocal governing body will seek a court order authorizing it to assume control;and

(b) After the 30-day period has expired, if the planthas not been brought into compliance, apply to the district court for an orderauthorizing the local governing body to assume control of the plant and assessthe property for the continued operation and maintenance of the plant as providedin subsection 5 of NRS 445A.540.

2. If the local governing body determines at any timethat immediate action is necessary to protect the public health and welfare, itmay assume physical control and operation of a package plant for sewagetreatment without complying with any of the requirements set forth insubsection 1. The local governing body may not maintain control of the plantpursuant to this subsection for a period greater than 30 days unless it obtainsan order from the district court authorizing an extension.

(Added to NRS by 1979, 1914)(Substituted in revisionfor NRS 445.2527)

NRS 445A.560 Packageplant for sewage treatment: Regulation by local governing body. No provision of this chapter prevents:

1. A local governing body or a health district fromimposing its own conditions for approval of the operation of any package plantfor sewage treatment located within its jurisdiction, which may be morestringent than those authorized by this chapter.

2. A local governing body from requiring the priorapproval of proposed package plants for sewage treatment by a local committeecreated for this purpose.

3. A local governing body from converting connectionsto package plants for sewage treatment into connections to sewers provided by apublic utility or a municipality or other public entity.

(Added to NRS by 1979, 1914)(Substituted in revisionfor NRS 445.2529)

NRS 445A.565 Protectionof surface waters of higher quality; treatment of and control over dischargesconstituting new or increased sources of pollution.

1. Any surface waters of the State whose quality ishigher than the applicable standards of water quality as of the date when thosestandards become effective must be maintained in their higher quality. Nodischarges of waste may be made which will result in lowering the quality ofthese waters unless it has been demonstrated to the Commission that the lowerquality is justifiable because of economic or social considerations. Thissubsection does not apply to normal agricultural rotation, improvement orfarming practices.

2. Any person who plans to discharge waste from anypublic or private project or development which would constitute a new orincreased source of pollution to waters of the State whose quality is highshall, as part of the initial design of the project or development, provide:

(a) If the discharge will be from a point source, thehighest and best degree of waste treatment available under the existingtechnology, consistent with the best practice in the particular field under theconditions applicable, and reasonably consistent with the economic capabilityof the project or development.

(b) If the discharge will be from a diffuse source, suchmeasures, methods of operation or practices as are reasonably calculated ordesigned to prevent, eliminate or reduce water pollution from the source, underthe circumstances pertaining to the particular place, in order to achievecontrol over water pollution which is reasonably consistent with the economiccapability of the project or development.

3. This section does not limit a municipal sewagetreatment plant in disposing of its solid sludge on land if the sludge isproperly spread and incorporated into the soil.

(Added to NRS by 1979, 1029)(Substituted in revisionfor NRS 445.253)

NRS 445A.570 Controlsfor diffuse sources: Conditions; delegation of administration to county orcity.

1. The Commission may prescribe controls for diffusesources as follows:

(a) To any diffuse source existing on July 1, 1979, ifthe Director determines that the source is significantly causing or adding towater pollution in violation of a water quality standard.

(b) To any diffuse source created after July 1, 1979,if controls are necessary to prevent the degradation of any water of highquality in the waters of the State.

2. The Department shall delegate, to each county orcity which so requests, other than a county to which NRS 244A.571 and 244A.573 apply or a city within such acounty, the Administration of the Departments controls of diffuse sources, ifthe Director finds that the county or city has the necessary money and staff toadminister the program effectively. If such a delegation is made both to acounty and to a city within it, the city has authority within its corporatelimits and the county has authority outside those limits.

(Added to NRS by 1979, 1029)(Substituted in revisionfor NRS 445.2533)

NRS 445A.575 Unlawfuldischarge of radiological, chemical or biological warfare agent or high-levelradioactive waste. It is unlawful to dischargeany radiological, chemical or biological warfare agent or high-levelradioactive waste into any waters of the State.

(Added to NRS by 1973, 1713)(Substituted in revisionfor NRS 445.254)

NRS 445A.580 Continuingplanning process. The Department shall establisha continuing planning process consistent with all applicable federalrequirements which results in plans for all waters of the State and includes:

1. Adequate effluent limitations and schedules ofcompliance;

2. The incorporation of all elements of any applicableareawide plans for management of waste and plans for basins under NRS 445A.300 to 445A.730, inclusive;

3. Total maximum daily load for pollutants andcontaminants;

4. Procedures for revision of the plans;

5. Adequate authority for intergovernmentalcooperation;

6. Adequate implementation, including schedules ofcompliance, for revised or new standards of water quality;

7. Controls over the disposition of all residual wastefrom any treatment of water;

8. An inventory and ranking, in order of priority, ofneeds for construction of treatment works; and

9. Controls over the injection of fluids through awell to prevent the degradation of underground water.

(Added to NRS by 1973, 1713; A 1985,767)(Substituted in revision for NRS 445.257)

NRS 445A.585 Permitrequired for construction of treatment works. Aperson shall not begin the construction of any treatment works without a permitissued by the Department.

(Added to NRS by 1973, 1714; A 1981,1582)(Substituted in revision for NRS 445.261)

NRS 445A.590 Permits:Notice of application.

1. The Department shall notify each interested personand appropriate governmental agency of each complete application for a permit,and shall provide them an opportunity to submit their written views andrecommendations thereon. The provisions of this subsection do not apply to anapplication for a temporary permit issued pursuant to NRS 445A.485.

2. Notification must be in the manner provided in theregulations adopted by the Commission pursuant to applicable federal law.

3. If the treatment works are to discharge into anywaters of this State which flow directly or ultimately into an irrigationreservoir upstream from which are located urban areas in two or more countiesand if each county has a population of 50,000 or more, the Department mustinclude in its notification each city, county, unincorporated town andirrigation district located downstream from the point of discharge. Notice toan unincorporated town must be given to the town board or advisory council ifthere is one.

(Added to NRS by 1973, 1714; A 1981, 1582; 1989,1927; 1991, 1742; 2001,1991)

NRS 445A.595 Permits:Request for public hearing on application; notice of hearing. The Commission shall provide by regulation:

1. An opportunity for each permit applicant,interested agency, city, county or irrigation district located downstream fromthe point of discharge, or any person to request a public hearing conducted bythe Director with respect to each permit application; and

2. For public notice of the hearing, at least 30 daysbefore the date of the hearing.

Theprovisions of this section do not apply to an application for a temporary permitissued pursuant to NRS 445A.485.

(Added to NRS by 1973, 1714; A 1977, 69; 1981, 1582;1991, 1742)(Substituted in revision for NRS 445.267)

NRS 445A.600 Revocation,modification or suspension of permits: Grounds; effective date; petition formodification.

1. Any permit issued under NRS 445A.495 to 445A.510, inclusive, may be revoked,modified or suspended in whole or in part during its term for cause includingbut not limited to the following:

(a) Violating any terms or conditions of the permit;

(b) Obtaining a permit by misrepresentation or failureto disclose fully all relevant facts; or

(c) A change in conditions, or the existence of acondition, which requires either a temporary or permanent reduction or anelimination of the permitted activity.

Any suchrevocation, modification or suspension is effective no later than 30 days afterthe permit holder receives written notice, issued by the Director, of the factsor conduct warranting such action.

2. Any permit issued under NRS 445A.495 to 445A.510, inclusive, may be modified bythe Director during its term if the permit holder petitions the Directorrequesting a modification.

(Added to NRS by 1973, 1714; A 1977,796)(Substituted in revision for NRS 445.271)

NRS 445A.605 Appealsto Commission: Appealable matters; action by Commission.

1. Any person aggrieved by:

(a) The issuance, denial, renewal, suspension orrevocation of a permit; or

(b) The issuance, modification or rescission of anyother order,

by theDirector may appeal to the Commission.

2. The Commission shall affirm, modify or reverse anyaction of the Director which is appealed to it.

(Added to NRS by 1973, 1714; A 1979,1028)(Substituted in revision for NRS 445.274)

NRS 445A.610 Appealsto Commission: Hearings.

1. Within 20 days after receipt of the notice ofappeal provided for in NRS 445A.605,the Commission shall hold a hearing.

2. Notice of the hearing shall be given to all affectedparties no less than 5 days prior to the date set for the hearing.

3. The Commission may sit en banc or in panels ofthree or more to conduct hearings.

4. The attendance of witnesses and the production ofdocuments may be subpoenaed by the Commission at the request of any party.Witnesses shall receive the fees and mileage allowed witnesses in civil cases.Costs of subpoenas shall be taxed against the requesting party.

5. All testimony shall be given under oath, andrecorded verbatim by human or electronic means.

6. Costs of transcribing proceedings of the Commissionshall be taxed against the requesting party.

(Added to NRS by 1973, 1714)(Substituted in revisionfor NRS 445.277)

NRS 445A.615 Issuanceof permit for Department of Wildlife to kill fish through use of toxicants.

1. The Director may issue a permit to the Departmentof Wildlife to kill fish through the use of toxicants.

2. The permit must indicate the terms and conditionsunder which the use of toxicants may take place.

(Added to NRS by 1973, 1715; A 1979, 910; 1987, 563;1993, 1622; 2003,1564)

NRS 445A.620 Certificationof applicant if federal license or permit required.

1. The Director may grant, deny or waive, incompliance with regulations prescribed by the Commission, certification of anapplicant with respect to facilities or activities within the State for which afederal license or permit is required.

2. No action may be taken by the Director until therehas been public notice and an opportunity for a public hearing.

(Added to NRS by 1973, 1715)(Substituted in revisionfor NRS 445.284)

NRS 445A.625 Radioactiveand hazardous wastes: Permit to discharge, deposit, generate or dispose ofrequired. The Department may issue, pursuantto NRS 445A.630, 445A.635 and 445A.640, a written permit to anapplicant for that person to discharge, deposit, generate or dispose of anyradioactive or hazardous waste.

(Added to NRS by 1973, 1715; A 1995, 1037; 2003, 2114)

NRS 445A.630 Radioactiveand hazardous wastes: Conditions of permit.

1. The Department may include in any permit issuedpursuant to NRS 445A.625, suchreasonable terms and conditions as are from time to time required for thepurposes of NRS 445A.300 to 445A.730, inclusive.

2. The terms or conditions which may be imposedinclude, without limitation:

(a) Duration of use or operation;

(b) Monitoring or reporting the volume of discharge ordisposal; and

(c) Treatment of wastes.

(Added to NRS by 1973, 1715)(Substituted in revisionfor NRS 445.291)

NRS 445A.635 Radioactiveand hazardous wastes: Bond for compliance with permit.The permit holder shall, as a condition of receiving a permit, depositwith the State Treasurer a bond, with or without surety as the Department mayin its discretion require, or other security to assure that the permittedactivities will be conducted in compliance with the terms and conditions of thepermit and that upon abandonment, cessation or interruption of the permittedactivities or facilities, appropriate measures will be taken to protect thewaters of the State.

(Added to NRS by 1973, 1715)(Substituted in revisionfor NRS 445.294)

NRS 445A.640 Radioactiveand hazardous wastes: Permit does not relieve holder of any legal duty orliability. No permit issued pursuant to NRS 445A.625 relieves any person of anyduty or liability to the State or to any other person existing or arising underany statute or under common law.

(Added to NRS by 1973, 1715)(Substituted in revisionfor NRS 445.297)

NRS 445A.645 Radioactiveand hazardous wastes: Violations; penalties.

1. Any person who violates the provisions of NRS 445A.625 to 445A.645, inclusive, or the terms andconditions specified in a permit issued under NRS 445A.625 to 445A.645, inclusive, is guilty of a grossmisdemeanor.

2. Each day of violation is a separate offense.

(Added to NRS by 1973, 1715)(Substituted in revisionfor NRS 445.301)

NRS 445A.650 Municipalitymay recover cost of sewage treatment and refuse to receive wastes. Any municipality may, with respect to any sewage collection,treatment or disposal facilities or projects:

1. Provide through the establishment and collection ofrates, fees and charges for payment to that municipality by the industrialusers of the sewage treatment works of that facility or project of the portionof any federal share of the cost of construction of those works allocable tothe treatment of industrial waste in accordance with section 204(b)(1)(B) ofthe Federal Water Pollution Control Act Amendments of 1972 (33 U.S.C. 1284(b)(1)(B)), as amended from time to time.

2. After notice of noncompliance and an opportunityfor a public hearing, refuse to receive any sewage, liquid waste, solid waste,industrial waste, night soil or any other waste from any other municipalitywhich fails to comply with any provision of an approved plan for areawide wastetreatment management prepared pursuant to section 208 of the Federal WaterPollution Control Act Amendments of 1972 (33 U.S.C. 1288), as amended fromtime to time.

(Added to NRS by 1979, 343)(Substituted in revisionfor NRS 445.303)

NRS 445A.655 Entryand inspection of premises. To enforce theprovisions of NRS 445A.300 to 445A.730, inclusive, or any regulation,order or permit issued thereunder, the Director or authorized representative ofthe Department may, upon presenting proper credentials:

1. Enter any premises in which any act violating NRS 445A.300 to 445A.730, inclusive, originates or takesplace or in which any required records are required to be maintained;

2. At reasonable times, have access to and copy anyrecords required to be maintained;

3. Inspect any equipment or method for continuingobservation; and

4. Have access to and sample any discharges orinjection of fluids into waters of the State which result directly orindirectly from activities of the owner or operator of the premises where thedischarge originates or takes place or the injection of fluids through a welltakes place.

(Added to NRS by 1973, 1715; A 1985,768)(Substituted in revision for NRS 445.304)

NRS 445A.660 Observation,recording and reporting of discharges. TheCommission may by regulation, and the Department may by order or permit,require any person injecting or causing an injection of fluids through a wellor the owner or operator of any source of a discharge into waters of the Stateor into treatment works to:

1. Establish and maintain such records;

2. Make such reports;

3. Install, calibrate, use and maintain such equipmentor methods for continuing observation, including where appropriate, biologicalmethods for continuing observation;

4. Sample such discharges or injections of fluids inaccordance with such methods, at such locations, at such intervals and in suchmanner; and

5. Provide such other information relating toinjections or discharges into waters of the State,

as theDirector prescribes or as is necessary to determine the existence, nature andfrequency of any injections through a well or any discharges into waters of theState or into treatment works.

(Added to NRS by 1973, 1716; A 1985,768)(Substituted in revision for NRS 445.307)

NRS 445A.665 Publicaccess to information; disclosure of confidential information.

1. Any records, reports or information obtained under NRS 445A.300 to 445A.730, inclusive, must be available tothe public for inspection and copying unless the Director considers the record,report or information or part thereof as confidential on a satisfactory showingthat the information contained therein, other than information describing adischarge into the waters of the State or injection of contaminants through awell, is entitled to protection as a trade secret of the informant.

2. Any record, report or information treated asconfidential may be disclosed or transmitted to other officers, employees orauthorized representatives of this State or the United States who:

(a) Carry out the provisions of NRS 445A.300 to 445A.730, inclusive; or

(b) Consider the information relevant in any proceedingunder NRS 445A.300 to 445A.730, inclusive, and the informationis admissible under the rules of evidence.

(Added to NRS by 1973, 1716; A 1985,769)(Substituted in revision for NRS 445.311)

NRS 445A.670 AttorneyGeneral to serve as legal counsel. TheAttorney General shall serve as legal counsel for the Commission and theDepartment and shall, at the request of the Director, assist in the enforcementof the provisions of NRS 445A.300 to 445A.730, inclusive.

(Added to NRS by 1973, 1716)(Substituted in revisionfor NRS 445.314)

NRS 445A.675 Violations:Remedies and sanctions; exception.

1. Except as otherwise provided in NRS 445A.707, if the Director finds thatany person is engaged or is about to engage in any act or practice whichviolates any provision of NRS 445A.300to 445A.730, inclusive, any standardor other regulation adopted by the Commission pursuant to those sections, orany permit issued by the Department pursuant to those sections, except for anyviolation of a provision concerning a diffuse source, the Director may:

(a) Issue an order pursuant to NRS 445A.690;

(b) Commence a civil action pursuant to NRS 445A.695 or 445A.700; or

(c) Request that the Attorney General institute byindictment or information a criminal prosecution pursuant to NRS 445A.705 and 445A.710.

2. The remedies and sanctions specified in subsection1 are cumulative, and the institution of any proceeding or action seeking anyone of the remedies or sanctions does not bar any simultaneous or subsequentaction or proceeding seeking any other of the remedies or sanctions.

(Added to NRS by 1973, 1716; A 1979, 1028; 2001, 956)

NRS 445A.680 Violations:Provisions concerning surface waters of higher quality and diffuse sources;remedies; exception. Except as otherwiseprovided in NRS 445A.707, if theDirector finds that any person is engaged or about to engage in any act orpractice which violates any provision of NRS445A.565 and 445A.570, or anystandard or other regulation adopted pursuant thereto, with respect to adiffuse source, the Director may:

1. Issue an order:

(a) Specifying the provision or provisions of NRS 445A.300 to 445A.730, inclusive, or the regulation ororder alleged to be violated or about to be violated;

(b) Indicating the facts alleged which constitute aviolation thereof; and

(c) Prescribing the necessary corrective action to betaken and a reasonable period for completing that corrective action,

but no civilor criminal penalty may be imposed for failure to obey the order.

2. If the corrective action is not taken or completed,or without first issuing an order, commence a civil action pursuant to NRS 445A.695.

(Added to NRS by 1979, 1030; A 2001, 957)

NRS 445A.685 Violations:Specific remedies do not impair other rights. Noremedy or sanction provided for in NRS445A.300 to 445A.730, inclusive, impairsany right which the Director or any person has under any statute or common law.

(Added to NRS by 1973, 1717)(Substituted in revisionfor NRS 445.321)

NRS 445A.690 Violations:Compliance orders; exception.

1. Except as otherwise provided in NRS 445A.707, if the Director finds thatany person is engaged or is about to engage in any act or practice whichconstitutes or will constitute a violation of any provision of NRS 445A.300 to 445A.730, inclusive, or of any rule,regulation or standard promulgated by the Commission, or of any permit or orderissued by the Department pursuant to NRS445A.300 to 445A.730, inclusive,the Director may issue an order:

(a) Specifying the provision or provisions of NRS 445A.300 to 445A.730, inclusive, or the regulation ororder alleged to be violated or about to be violated;

(b) Indicating the facts alleged which constitute aviolation thereof; and

(c) Prescribing the necessary corrective action to betaken and a reasonable period for completing that corrective action.

2. Any compliance order is final and is not subject toreview unless the person against whom the order is issued, within 30 days afterthe date on which the order is served, requests by written petition a hearingbefore the Commission.

(Added to NRS by 1973, 1717; A 2001, 957)

NRS 445A.695 Violations:Injunctive relief; exception.

1. Except as otherwise provided in NRS 445A.707, the Director may seek injunctiverelief in the appropriate court to prevent the continuance or occurrence of anyact or practice which violates any provision of NRS 445A.300 to 445A.730, inclusive, or any permit, rule,regulation or order issued pursuant thereto.

2. On a showing by the Director that a person isengaged, or is about to engage, in any act or any practice which violates orwill violate any of the provisions of NRS445A.300 to 445A.730, inclusive,or any rule, regulation, standard, permit or order issued pursuant to thoseprovisions, the court may issue, without bond, any prohibitory and mandatoryinjunctions that the facts may warrant, including temporary restraining ordersissued ex parte or, after notice and hearing, preliminary injunctions orpermanent injunctions.

3. Failure to establish lack of an adequate remedy atlaw or irreparable harm is not a ground for denying a request for a temporaryrestraining order or injunction.

4. The court may require the posting of a sufficientperformance bond or other security to ensure compliance with the court orderwithin the period prescribed.

(Added to NRS by 1973, 1717; A 2001, 957)

NRS 445A.700 Violations:Civil penalties.

1. Except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, a person whoviolates or aids or abets in the violation of any provision of NRS 445A.300 to 445A.730, inclusive, or of any permit,regulation, standard or final order issued thereunder, except a provisionconcerning a diffuse source, shall pay a civil penalty of not more than $25,000for each day of the violation. The civil penalty imposed by this subsection isin addition to any other penalties provided pursuant to NRS 445A.300 to 445A.730, inclusive.

2. Except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, in addition to thepenalty provided in subsection 1, the Department may recover from the personactual damages to the State resulting from the violation of NRS 445A.300 to 445A.730, inclusive, any regulation orstandard adopted by the Commission, or permit or final order issued by theDepartment, except the violation of a provision concerning a diffuse source.

3. Damages may include:

(a) Any expenses incurred in removing, correcting andterminating any adverse effects resulting from a discharge or the injection ofcontaminants through a well; and

(b) Compensation for any loss or destruction ofwildlife, fish or aquatic life.

(Added to NRS by 1973, 1717; A 1979, 1030; 1985, 769;1987, 174; 1997, 1080)

NRS 445A.705 Violations:Criminal penalties.

1. Except as otherwise provided in NRS 445A.710 or unless a greater penaltyis prescribed by NRS 459.600, a personwho intentionally or with criminal negligence violates NRS 445A.465 or 445A.575, any limitation establishedpursuant to NRS 445A.525 and 445A.530, the terms or conditions of apermit issued pursuant to NRS 445A.495to 445A.515, inclusive, or any finalorder issued under NRS 445A.690,except a final order concerning a diffuse source, is guilty of a grossmisdemeanor and shall be punished by a fine of not more than $25,000 for eachday of the violation or by imprisonment in the county jail for not more than 1year, or by both fine and imprisonment.

2. If the conviction is for a second violation of theprovisions indicated in subsection 1, the person is guilty of a category Dfelony and shall be punished as provided in NRS193.130.

3. The penalties imposed by subsections 1 and 2 are inaddition to any other penalties, civil or criminal, provided pursuant to NRS 445A.300 to 445A.730, inclusive.

(Added to NRS by 1973, 1718; A 1979, 1031; 1987, 174;1991, 829; 1995, 1279)(Substituted in revision for NRS 445.334)

NRS 445A.707 Directorto conduct independent investigation before determining whether to take certaincorrective actions; exception.

1. Except as otherwise provided in subsection 2,before determining whether to issue an order, commence a civil action, seekinjunctive relief or request that the Attorney General institute a criminalprosecution pursuant to NRS 445A.675, 445A.680, 445A.690 or 445A.695, the Director shall, ifpossible, conduct an independent investigation of the alleged act or practicefor which he is making the determination.

2. The Director is not required to conduct anindependent investigation pursuant to subsection 1 if:

(a) His determination to take any action specified inthat subsection is based on information that is provided to him by the holderof a permit issued pursuant to NRS 445A.300to 445A.730, inclusive; or

(b) The alleged act or practice:

(1) Occurs on land that is managed or controlledby the United States Department of Defense or Department of Energy; or

(2) Creates an imminent and substantial dangerto the public health or the environment.

(Added to NRS by 2001, 956)

NRS 445A.710 Furnishingfalse information or tampering with device unlawful; penalties.

1. Any person who knowingly makes any false statement,representation, or certification in any application, record, report, plan orother document filed or required to be maintained by the provisions of NRS 445A.300 to 445A.730, inclusive, or by any permit,rule, regulation or order issued pursuant thereto, or who falsifies, tampers withor knowingly renders inaccurate any monitoring device or method required to bemaintained under the provisions of NRS445A.300 to 445A.730, inclusive,or by any permit, rule, regulation or order issued pursuant thereto, is guiltyof a gross misdemeanor and shall be punished by a fine of not more than $10,000or by imprisonment in the county jail for not more than 1 year, or by both fineand imprisonment.

2. The penalty imposed by subsection 1 is in additionto any other penalties, civil or criminal, provided pursuant to NRS 445A.300 to 445A.730, inclusive.

(Added to NRS by 1973, 1718)(Substituted in revisionfor NRS 445.337)

NRS 445A.715 Procedurefor administrative hearing. Hearings initiatedpursuant to NRS 445A.300 to 445A.730, inclusive, shall be held beforethe Commission and comply with the provisions of such rules and regulations asthe Commission may prescribe.

(Added to NRS by 1973, 1718)(Substituted in revisionfor NRS 445.341)

NRS 445A.720 Finalauthority concerning prevention, abatement and control of water pollution. The Department has the final authority in the administrationof water pollution prevention, abatement and control. No other department oragency of the State and no municipal corporation, county or other politicalsubdivision having jurisdiction over water pollution prevention, abatement andcontrol may permit, under authority of such jurisdiction, the discharge ofwastes into the waters of the State which would result in the pollution of anyof such waters in excess of any water quality standard promulgated by theCommission.

(Added to NRS by 1973, 1718)(Substituted in revisionfor NRS 445.344)

NRS 445A.725 Provisionsof title 48 of NRS unaffected. Nothing in NRS 445A.300 to 445A.730, inclusive, shall be construedto amend, modify or supersede the provisions of title 48 of NRS or any rule,regulation or order promulgated or issued thereunder by the State Engineer.

(Added to NRS by 1973, 1719)(Substituted in revisionfor NRS 445.351)

NRS 445A.730 Effectivedate of regulations and standards. All rules,regulations and standards promulgated by the State Commission of EnvironmentalProtection and the State Board of Health pertaining to water pollution controlin force on July 1, 1973, shall remain in effect until such time as revised bythe State Environmental Commission pursuant to NRS 445A.300 to 445A.730, inclusive.

(Added to NRS by 1973, 1719)(Substituted in revisionfor NRS 445.354)

PUBLIC WATER SYSTEMS

NRS 445A.800 Declarationof state policy. It is the policy of thisState to provide for water which is safe for drinking and other domestic purposesand thereby promote the public health and welfare.

(Added to NRS by 1977, 442)(Substituted in revisionfor NRS 445.361)

NRS 445A.805 Definitions. As used in NRS445A.800 to 445A.955, inclusive,unless the context otherwise requires, the words and terms defined in NRS 445A.807 to 445A.850, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 1977, 443; A 1991, 403, 614; 1995,1585; 1999, 1867;2005, 551)

NRS 445A.807 Capabilitydefined. Capability has the meaning ascribedto the term capacity in 43 U.S.C. 300g-9 and 300j-12.

(Added to NRS by 1999, 1864)

NRS 445A.8075 Commissiondefined. Commission means the StateEnvironmental Commission.

(Added to NRS by 2005, 551)

NRS 445A.808 Communitywater system defined. Community watersystem means a public water system that:

1. Has at least 15 service connections used byyear-round residents of the area served by the system; or

2. Regularly serves at least 25 year-round residentsof the area served by the system.

(Added to NRS by 1999, 1865)

NRS 445A.810 Contaminantdefined. Contaminant means any physical,chemical, biological, radiological or other substance which can cause ortransmit infectious disease, chemical poisoning, chronic disease or otherimpairment to man.

(Added to NRS by 1977, 443)(Substituted in revisionfor NRS 445.366)

NRS 445A.812 Districtboard of health defined. District board ofhealth means a district board of health created pursuant to NRS 439.362 or 439.370.

(Added to NRS by 2005, 551)

NRS 445A.814 Divisiondefined. Division means the Division of EnvironmentalProtection of the State Department of Conservation and Natural Resources.

(Added to NRS by 2005, 551)

NRS 445A.815 FederalAct defined. Federal Act means the SafeDrinking Water Act, 42 U.S.C. 300f et seq., as amended.

(Added to NRS by 1977, 443; A 1999, 1867)

NRS 445A.817 Financialcapability defined. Financial capabilitymeans the ability of a public water system to:

1. Pay the costs related to maintenance, operations,depreciation and capital expenses;

2. Maintain creditworthiness; and

3. Establish and maintain adequate fiscal controls andaccounting methods required for the operation of the system.

(Added to NRS by 1999, 1865)

NRS 445A.820 Healthauthority defined. Repealed. (See chapter171, Statutes ofNevada 2005, at page 562.)

 

NRS 445A.825 HealthDivision defined. Repealed. (See chapter 171,Statutes of Nevada2005, at page 562.)

 

NRS 445A.827 Managerialcapability defined. Managerial capabilitymeans the ability of a public water system to conduct its administrativeaffairs in a manner that ensures compliance with all applicable standards basedon:

1. The accountability, responsibility and authority ofthe owner or operator of the system;

2. The personnel and organization of the system; and

3. The ability of the persons who manage the system towork with:

(a) Jurisdictional, regulatory and other governmentalagencies;

(b) Trade and industry organizations; and

(c) The persons served by the system.

(Added to NRS by 1999, 1865)

NRS 445A.828 Noncommunitywater system defined. Noncommunity watersystem means a public water system that is not a community water system.

(Added to NRS by 1999, 1865)

NRS 445A.829 Nontransientwater system defined. Nontransient watersystem means a noncommunity water system that regularly serves at least 25 ofthe same persons for more than 6 months per year.

(Added to NRS by 1999, 1865)

NRS 445A.830 Operatordefined. Operator means a person regularlyin charge of the day-to-day operations of a public water system.

(Added to NRS by 1991, 613)(Substituted in revisionfor NRS 445.372)

NRS 445A.835 Persondefined. Person includes the State ofNevada, any political subdivision of this or another state, and any agency ofthe United States.

(Added to NRS by 1977, 443)(Substituted in revisionfor NRS 445.373)

NRS 445A.838 Publicutility defined. Public utility has themeaning ascribed to it in NRS 704.020.

(Added to NRS by 1999, 1865)

NRS 445A.840 Publicwater system defined. Public water systemhas the meaning ascribed to it in NRS445A.235.

(Added to NRS by 1977, 443; A 1999, 1867)

NRS 445A.843 Serviceconnection defined.

1. Service connection means:

(a) The point of connection between a public watersystem and the system used by a customer of the public water system to obtainwater from that system, at which point the public water system loses itscontrol over the use of the water;

(b) If a meter is installed between a public watersystem and the system used by a customer of the public water system to obtainwater from that system, the downstream end of the meter or meter assembly; or

(c) At a park for mobile homes or recreationalvehicles, the point of connection of the mobile home or recreational vehicle tothe riser for water service of the public water system that serves the park.

2. The term does not include a connection to a systemthat delivers water which is exempted pursuant to 42 U.S.C. 300f(4)(B).

(Added to NRS by 1999, 1865)

NRS 445A.845 Supplierof water defined. Supplier of water means aperson who owns, controls or operates a public water system.

(Added to NRS by 1977, 443)(Substituted in revisionfor NRS 445.377)

NRS 445A.847 Technicalcapability defined. Technical capabilitymeans the ability of a public water system to:

1. Obtain an adequate and reliable source of waterthat is necessary to provide the quantity and quality of water required by thesystem;

2. Establish and maintain an adequate infrastructurefor the treatment, storage and distribution of the quantity and quality ofwater required by the system; and

3. Employ operators who have the technical knowledgeand ability to operate the system.

(Added to NRS by 1999, 1865)

NRS 445A.848 Transientwater system defined. Transient water systemmeans a noncommunity water system that does not regularly serve at least 25 ofthe same persons for more than 6 months per year.

(Added to NRS by 1999, 1866)

NRS 445A.850 Watersystem defined. Water system means any privatelyowned public water system which serves at least 15 service connections that areused by residents throughout the year or regularly serves at least 25 residentsthroughout the year. The term does not include a public utility which servesmore than 25,000 persons.

(Added to NRS by 1991, 401)(Substituted in revisionfor NRS 445.378)

NRS 445A.855 Commission:Adoption of primary and secondary standards of drinking water. The Commission shall adopt by regulation:

1. Primary drinking water standards which prescribethe maximum permissible levels for contaminants in any public water system andprovide for the monitoring and reporting of water quality. In establishing thestandards, the Commission shall consider, among other things, the standardsestablished pursuant to the Federal Act.

2. Secondary drinking water standards which reasonablyensure that drinking water is aesthetically adequate.

(Added to NRS by 1977, 443; A 1981, 1900; 2005, 551)

NRS 445A.860 Commission:Adoption of regulations. In addition to theregulations required to be adopted pursuant to NRS 445A.880, the Commission:

1. Shall adopt regulations establishing procedures fora system of permits to operate water systems which are constructed on or afterJuly 1, 1991.

2. May adopt such other regulations as may benecessary to govern the construction, operation and maintenance of public watersystems if those activities affect the quality of water, but the regulations donot supersede any regulation of the Public Utilities Commission of Nevada.

3. May establish by regulation a system for theissuance of operating permits for suppliers of water and set a reasonable dateafter which a person shall not operate a public water system constructed beforeJuly 1, 1991, without possessing a permit issued by the Division or theappropriate district board of health.

4. May adopt such other regulations as may benecessary to ensure that a community water system or nontransient water systemthat commences operation on or after October 1, 1999, demonstrates thetechnical capability, managerial capability and financial capability to complywith 40 C.F.R. Part 141, but the regulations do not supersede any regulation ofthe Public Utilities Commission of Nevada or the authority of the PublicUtilities Commission of Nevada or other state agencies or local governingbodies to issue permits or certificates of authority for suppliers of water.

5. May adopt such other regulations as may benecessary to evaluate the technical capability, managerial capability andfinancial capability of a community water system or nontransient water systemthat commenced operation before October 1, 1999, to comply with 40 C.F.R. Part141, but the regulations do not supersede any regulation of the PublicUtilities Commission of Nevada or the authority of the Public UtilitiesCommission of Nevada or other state agencies or local governing bodies to issuepermits or certificates of authority for suppliers of water.

6. May adopt such other regulations as may benecessary to carry out the provisions of NRS445A.800 to 445A.955, inclusive.

(Added to NRS by 1977, 443; A 1985, 336; 1991, 403,614; 1997, 1996; 1999,1867; 2005, 551)

NRS 445A.863 Certificationof laboratories for analysis of water; requirements for performance of certainanalyses.

1. The Commission shall provide by regulationstandards for the certification of laboratories for the analysis of waterpursuant to NRS 445A.800 to 445A.955, inclusive. An analysis requiredpursuant to any provision of NRS 445A.800to 445A.955, inclusive, or required bya lender as a condition precedent to the transfer of real property must beperformed by a laboratory that is certified in accordance with the standardsadopted by the Commission pursuant to this subsection.

2. The certifying officer shall conduct an evaluationat the site of each laboratory to determine whether the laboratory is using themethods of analysis required by this section in an acceptable manner, applyingprocedures required by regulation for the control of quality and making resultsavailable in a timely manner.

3. For analyses required pursuant to NRS 445A.800 to 445A.955, inclusive, or by a lender as acondition precedent to the transfer of real property, the methods used mustcomply with the Federal Act.

4. A laboratory may be certified to perform analysesfor the presence of one or more specified contaminants or to perform allanalyses required pursuant to NRS 445A.800to 445A.955, inclusive.

(Added to NRS by 1995, 1585; A 1999, 1133, 1868; 2001, 74; 2005, 552)

NRS 445A.865 Commission:Contracts; assistance; hearings; subpoenas. Tocarry out the provisions and purposes of NRS445A.800 to 445A.955, inclusive,the Commission may:

1. Through the Administrator of the Division:

(a) Enter into agreements, contracts or cooperativearrangements with other state agencies, federal or interstate agencies,municipalities, local health departments, educational institutions or otherorganizations or persons.

(b) Accept financial and technical assistance from theFederal Government, other public agencies or private contributors.

2. Hold hearings and issue subpoenas requiring theattendance of witnesses and the production of evidence.

(Added to NRS by 1977, 443; A 1981, 82; 1983, 837; 2005, 552)

NRS 445A.870 Advisoryboard regarding certification of operators: Appointment; membership;compensation of members.

1. The Commission may appoint an advisory board to actin an advisory capacity in matters relating to the certification of operatorsof community water systems or noncommunity water systems.

2. If such an advisory board is appointed:

(a) At least one member of the advisory board must be amember of the American Water Works Association.

(b) At least one member of the advisory board must be amember of the Nevada Rural Water Association or its successor organization.

(c) One member of the advisory board may represent thegeneral public.

3. Each member of the advisory board serves withoutcompensation. While engaged in the business of the advisory board, each memberof the advisory board is entitled to receive the per diem allowance and travelexpenses provided for state officers and employees generally, to the extentthat money is made available for that purpose.

(Added to NRS by 1991, 613; A 1999, 1868; 2005, 552)

NRS 445A.875 Certificationof operators: Requirement; exception; operation of multiple systems; presenceof operator on site.

1. Except as otherwise provided in subsection 2, aperson shall not act as an operator of a community water system or noncommunitywater system unless he has obtained a certificate to operate such a watersystem from the Division.

2. An operator of a transient water system is notrequired to obtain a certificate to operate a noncommunity water system if thesystem is designated by the Division as being supplied by groundwater that isnot under the direct influence of surface water.

3. An operator may be certified to operate more thanone community water system or noncommunity water system.

4. This section does not require a certified operatorto be on site at a community water system or noncommunity water system duringall hours of operation.

(Added to NRS by 1991, 613; A 1999, 1868; 2005, 553)

NRS 445A.880 Certificationof operators: Regulations; fees; examination; exemption from examination.

1. The Commission shall adopt regulations toestablish:

(a) A system of classification of operators ofcommunity water systems and noncommunity water systems who are required to becertified pursuant to NRS 445A.875;

(b) Requirements for certification for each class ofoperator;

(c) Reasonable fees for issuing and renewingcertificates; and

(d) Requirements for continuing education for therenewal of a certificate.

2. The fees so collected must only be used to:

(a) Defray the cost of issuing and renewingcertificates; and

(b) Pay any expenses incurred by the Division incarrying out its duties relating to operators of community water systems andnoncommunity water systems.

3. The Division shall establish and administerexaminations to determine the eligibility of any person who applies forcertification. An applicant is entitled to certification upon satisfaction ofthe requirements of the Commission and payment of the applicable fee. TheDivision may enter into a contract with the American Water Works Association oranother person, organization or agency to carry out or assist the Division incarrying out the provisions of this subsection.

4. The Division may grant such certification, withoutexamination, to an applicant who holds current certification by theCalifornia/Nevada section of the American Water Works Association or by anotherorganization whose requirements for certification are equivalent to therequirements for certification established by the Commission pursuant tosubsection 1.

(Added to NRS by 1991, 614; A 1999, 1869; 2005, 553)

NRS 445A.885 Systemsconstructed after June 30, 1991: Requirements for permit.

1. Except as otherwise provided in subsection 2, nowater system which is constructed on or after July 1, 1991, may operate unlessthe owner of the water system receives a permit to operate the water systemfrom the Division or the district board of health designated by the Commission.The owner of such a water system is entitled to a permit to operate the watersystem upon satisfaction of the requirements set forth in NRS 445A.885 to 445A.915, inclusive, and the requirementsset forth in the regulations adopted by the Commission pursuant to NRS 445A.860.

2. Subsection 1 does not apply to the expansion of apublic utility.

(Added to NRS by 1991, 401; A 2005, 554)

NRS 445A.890 Systemsconstructed after June 30, 1991: Preliminary requests for comments. Before making the finding specified in NRS 445A.910 and before making thedeterminations specified in NRS 244.3655,268.4102 and 445A.895, the Division shall requestcomments from the:

1. Public Utilities Commission of Nevada;

2. State Engineer;

3. Local government within whose jurisdiction thewater system is located; and

4. Owner of the water system.

(Added to NRS by 1991, 401; A 1997, 1996; 2005, 554)

NRS 445A.895 Systemsconstructed after June 30, 1991: Conditions for issuance of permit. A permit to operate a water system may not be issuedpursuant to NRS 445A.885 unless all ofthe following conditions are met:

1. Neither water provided by a public utility norwater provided by a municipality or other public entity is available to thepersons to be served by the water system.

2. The applicant fully complies with all of theconditions of NRS 445A.885 to 445A.915, inclusive.

3. The applicant submits to the Division or thedistrict board of health designated by the Commission documentation issued bythe State Engineer which sets forth that the applicant holds water rights thatare sufficient to operate the water system.

4. The local governing body assumes:

(a) Responsibility in case of default by the builder ordeveloper of the water system for its continued operation and maintenance inaccordance with all the terms and conditions of the permit.

(b) The duty of assessing the lands served as providedin subsection 6.

5. The applicant furnishes the local governing bodysufficient surety, in the form of a bond, certificate of deposit, investmentcertificate or any other form acceptable to the governing body, to ensure thecontinued maintenance and operation of the water system:

(a) For 5 years following the date the system is placedin operation; or

(b) Until 75 percent of the lots or parcels served bythe system are sold,

whichever islater.

6. The owners of the lands to be served by the watersystem record a declaration of covenants, conditions and restrictions which isan equitable servitude running with the land and which must provide that eachlot or parcel will be assessed by the local governing body for itsproportionate share of the cost of continued operation and maintenance of thewater system if there is a default by the applicant or operator of the watersystem and a sufficient surety, as provided in subsection 5, is not available.

7. If the water system uses or stores ozone, theportion of the system where ozone is used or stored must be constructed notless than 100 feet from any existing residence, unless the owner and occupantof each residence located closer than 100 feet consent to the construction ofthe system at a closer distance.

8. The declaration of covenants, conditions andrestrictions recorded by the owners of the lands further provides that if theDivision determines that:

(a) The water system is not satisfactorily serving theneeds of its users; and

(b) Water provided by a public utility or amunicipality or other public entity is reasonably available,

the localgoverning body may, pursuant to NRS244.3655 or 268.4102, require allusers of the water system to connect into the available water system providedby a public utility or a municipality or other public entity, and each lot orparcel will be assessed by the local governing body for its proportionate shareof the costs associated with connecting into that water system. If the watersystem is being connected into a public utility, the Public UtilitiesCommission of Nevada shall determine the amount of the assessments for thepurposes of establishing a lien pursuant to NRS445A.900.

9. Provision has been made for disposition of thewater system and the land on which it is situated after the local governingbody requires all users to connect into an available water system provided by apublic utility or a municipality or other public entity.

(Added to NRS by 1991, 401; A 1995, 2663; 1997, 1996;2001, 549; 2005, 554)

NRS 445A.900 Systemsconstructed after June 30, 1991: Prerequisites to liens for assessments. No lien for the assessments provided by the covenants, conditionsand restrictions described in NRS 445A.895is binding upon the property until:

1. The local governing body, after a hearing,establishes the costs and apportions them to each lot or parcel; or

2. The Public Utilities Commission of Nevadadetermines the amount of the assessments,

and thelocal governing body records a notice of lien in the office of the countyrecorder in the county in which the property is located.

(Added to NRS by 1991, 402; A 1997, 1997)

NRS 445A.905 Systemsconstructed after June 30, 1991: Disposition of proceeds of assessments.

1. The proceeds of any assessments upon lots orparcels must be deposited with the treasurer of the local governing body whichreceived them, and they may be expended only for the:

(a) Continued maintenance and operation of the watersystem;

(b) Replacement of the water system if necessary; and

(c) Payment of the costs, including, but not limitedto, the direct costs of connection and the costs of necessary new orrehabilitated facilities and any necessary water rights, associated withconnection to any water system provided by a public utility or a municipalityor other public entity that becomes reasonably available.

2. If any surplus exists in the proceeds ofassessments after all purposes of the assessments have been fully met, thesurplus must be refunded to the persons who paid the assessments, in theproportion that their respective assessments bear to the gross proceeds of allassessments collected by the local governing body.

(Added to NRS by 1991, 402)(Substituted in revisionfor NRS 445.3849)

NRS 445A.910 Systemsconstructed after June 30, 1991: Assumption of control by local governing body.

1. If the Division has found that any of theconditions of a permit to operate a water system issued pursuant to NRS 445A.885 are being violated and hasnotified the holder of the permit that he must bring the water system intocompliance, but the holder of the permit has failed to comply within areasonable time after the date of the notice, the local governing body, ifrequested to do so in writing by the Division, may take the following actionsindependently of any further action by the Division:

(a) Give written notice, by certified mail, to theowner of the water system and the owners of the property served by the systemthat if the violation is not corrected within 30 days after the date of thenotice, the local governing body will seek a court order authorizing it toassume control; and

(b) After the 30-day period has expired, if the watersystem has not been brought into compliance, apply to the district court for anorder authorizing the local governing body to assume control of the system andassess the property for the continued operation and maintenance of the systemas provided in subsection 6 of NRS445A.895.

2. If the local governing body determines at any timethat immediate action is necessary to protect the public health and welfare, itmay assume physical control and operation of a water system without complyingwith any of the requirements set forth in subsection 1. The local governingbody may not maintain control of a water system pursuant to this subsection fora period greater than 30 days unless it obtains an order from the districtcourt authorizing an extension.

(Added to NRS by 1991, 403; A 2001, 550; 2005, 555)

NRS 445A.915 Systemsconstructed after June 30, 1991: Effect of provisions.The provisions of NRS 445A.885to 445A.915, inclusive, do notprevent:

1. A local governing body or a health district fromimposing its own conditions for approval of the operation of any water systemlocated within its jurisdiction, which may be more stringent than thoseauthorized by NRS 445A.885 to 445A.915, inclusive.

2. A local governing body from requiring the priorapproval of a proposed water system by a local committee created for thatpurpose.

3. A local governing body from converting serviceconnections to water systems into service connections to water systems providedby a public utility or a municipality or other public entity.

(Added to NRS by 1991, 403; A 1999, 1870)

NRS 445A.920 Reviewand approval of plans and specifications by Commission or district board ofhealth.

1. Except as otherwise provided in subsection 2, plansand specifications for any substantial addition to or alteration of a publicwater system subject to a regulation of the Commission must be submitted to theDivision or the appropriate district board of health for review and approval.

2. A public water system is not required to submit anyplans and specifications if the addition or alteration complies with standardspreviously approved by the Division or the appropriate district board ofhealth.

3. In approving the plans and specifications, theDivision or the appropriate district board of health may require suchmodifications or impose such conditions as are necessary to carry out theprovisions of NRS 445A.800 to 445A.955, inclusive.

(Added to NRS by 1977, 444; A 2005, 556)

 

NRS 445A.925 Dutiesof Division and district boards of health.

1. The Division and the district boards of healthshall:

(a) Enforce the provisions of NRS 445A.800 to 445A.955, inclusive, and regulationsadopted pursuant thereto; and

(b) Make such investigations and inspections as arenecessary to ensure compliance with those sections and regulations.

2. Any representative of the Division or theappropriate district board of health may enter the property of any public watersystem at any reasonable time for the purpose of inspecting and investigatingthe adequacy and sanitary condition of the system and the quality of its water.

3. Except in an emergency, the Division or theappropriate district board of health shall notify and permit the supplier ofwater to be present when an inspection or investigation is being conducted.

(Added to NRS by 1977, 444; A 1991, 404, 614; 2005, 556)

NRS 445A.930 Imminenthazard; issuance and review of emergency order; public warning.

1. An imminent hazard exists if the Division, afterconsulting with the district board of health and the supplier of water,determines that a contaminant is or will be found in a public water system andthe contaminant is a serious risk to public health.

2. To eliminate an imminent hazard, the Division mayissue an emergency order requiring the supplier of water immediately to takeaction necessary to protect the public health. An emergency order may requirethat a supplier of water cease distributing the water.

3. Such an emergency order is effective immediatelyand is not subject to review unless the supplier to whom the order is issued,within 30 days after the date the order is served, petitions for a hearingbefore the Division.

4. Whenever conditions of a public water system aresuch as to require immediate action to protect the public health, the Divisionmay issue public warnings in such manner as the Division determines to besuitable.

(Added to NRS by 1977, 444; A 2005, 556)

NRS 445A.935 Varianceor exemption from regulation of Commission: Application; notice and hearing;participation of Public Utilities Commission of Nevada.

1. A supplier of water may apply to the Commission fora variance or exemption from the regulations of the Commission. The Commissionmay grant variances or exemptions after notice and public hearing.

2. A supplier of water shall notify all users of thewater system as soon as the Commission has scheduled a time and place for thepublic hearing on the application for a variance or exemption.

3. The Public Utilities Commission of Nevada mayparticipate in the hearing.

(Added to NRS by 1977, 444; A 1981, 1900; 1997, 1998;2005, 556)

NRS 445A.940 Notificationto Division or district board of health and user of water system by supplier ofwater.

1. A supplier of water shall immediately notify theDivision or the appropriate district board of health and the users of thesuppliers public water system whenever:

(a) The system is not in compliance with the primarydrinking water standards;

(b) The supplier fails to perform any requiredmonitoring of water quality;

(c) The supplier has been granted a variance orexemption by the Commission; or

(d) The supplier fails to comply with the conditionsimposed by the Commission in granting the variance or exemption.

2. The notification must be in the form and mannerprescribed by the Division.

(Added to NRS by 1977, 445; A 2005, 557)

NRS 445A.945 Injunctions.

1. The Division or the appropriate district board ofhealth may apply to a court of competent jurisdiction to enjoin the continuanceor occurrence of any act or practice which violates the provisions of NRS 445A.800 to 445A.955, inclusive, or of any regulationadopted or order issued pursuant thereto.

2. On a showing by the Division or the district boardof health that such a violation has occurred or will occur, the court mayissue, without bond, such prohibitory or mandatory injunction as the facts maywarrant.

(Added to NRS by 1977, 445; A 1991, 404, 615; 2005, 557)

NRS 445A.950 Civilpenalty; administrative fine.

1. Any supplier of water who:

(a) Violates any standard established pursuant to NRS 445A.855;

(b) Violates or fails to comply with an emergency orderissued pursuant to NRS 445A.930;

(c) Violates any condition imposed by the Commissionupon granting a variance or exemption under NRS445A.935;

(d) Violates a regulation adopted by the Commissionpursuant to NRS 445A.860; or

(e) Fails to give a notice as required by NRS 445A.940,

is liablefor a civil penalty, to be recovered by the Attorney General in the name of theDivision, of not more than $5,000 for each day of the violation.

2. In addition to the civil penalty prescribed insubsection 1, the Division may impose an administrative fine against a supplierof water who commits any violation enumerated in subsection 1. Theadministrative fine imposed may not be more than $2,500 per day for each suchviolation.

3. The civil penalty and administrative fineprescribed in this section may be imposed in addition to any other penalties orrelief prescribed in NRS 445A.800 to 445A.955, inclusive.

(Added to NRS by 1977, 455; A 1991, 404, 615, 1041; 2001, 635; 2005, 557)

NRS 445A.955 Criminalpenalty. Any person who violates theprovisions of NRS 445A.800 to 445A.955, inclusive, or any regulationadopted by the Commission pursuant to those provisions is guilty of amisdemeanor. Each day of violation constitutes a separate offense.

(Added to NRS by 1977, 445; A 1991, 405, 615; 2005, 558)

 

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