[Rev. 11/21/2013 11:42:09 AM--2013]

CHAPTER 444 - SANITATION

DEFINITIONS

NRS 444.002           “Division” defined.

NRS 444.003           “Health authority” defined.

NRS 444.005           “Health Division” defined. [Repealed.]

USED BEDDING AND MATTRESSES

NRS 444.010           Sterilization and labeling required.

NRS 444.020           State Board of Health to adopt regulations concerning method of sterilization.

NRS 444.030           Enforcement by health authority.

NRS 444.040           Penalty.

TOILET FACILITIES

NRS 444.045           Pay toilet prohibited in publicly owned building.

NRS 444.047           “Public body” defined.

NRS 444.048           Areas leased by public body to provide public service required to have certain toilet facilities available to public; exception; void and unenforceable contracts.

NRS 444.049           Reporting of violations of requirements concerning availability of toilet facilities to public; duties of Attorney General.

COMMON TOWELS

NRS 444.050           “Common towel” defined.

NRS 444.060           Use in public place prohibited; penalty.

PUBLIC SWIMMING POOLS AND BATHHOUSES; NUDIST COLONIES

NRS 444.065           “Public swimming pool” defined.

NRS 444.070           Health authority to supervise public swimming pools and bathhouses; regulations.

NRS 444.080           Operation without permit unlawful; procedure for application for and granting of permit.

NRS 444.090           Inspection; reporting and publication of results.

NRS 444.100           Suspension or revocation of permit: Grounds; procedure; regulations.

NRS 444.105           Person with physical disability may use lifesaving device in public swimming pool; conditions.

NRS 444.110           Swimming pool as public nuisance; abatement.

NRS 444.115           Competency of lifeguard on duty at facility of State or local government.

NRS 444.120           Penalties.

CONSTRUCTION AND LABOR CAMPS

NRS 444.130           Sanitary conditions of bunkhouses, tents and surrounding grounds of camp where five or more persons are employed.

NRS 444.140           Air space in bunkhouse or tent; bunk, bed or mattress to be supplied to employee.

NRS 444.150           Sanitary conditions of dining rooms, kitchens, dishes and cooking utensils.

NRS 444.160           Toilet facilities or portable facilities for temporarily holding sewage.

NRS 444.170           Disposal of garbage and drainage from kitchen sink.

NRS 444.180           Employer to keep camp clean; appointment of responsible person to keep camp clean.

NRS 444.190           Powers of health authority; abatement of construction camp as public nuisance.

NRS 444.200           Penalty.

CHILDREN’S CAMPS

NRS 444.220           “Children’s camp” defined.

NRS 444.230           Operation without license prohibited; procedure for application and granting of licenses; posting of license.

NRS 444.240           Fee for license; renewals.

NRS 444.250           Location, layout and drainage of camp; containers for garbage.

NRS 444.260           Equipment and area used to prepare and store food to be kept clean; supply of water.

NRS 444.270           Toilets and disposal systems or portable facilities for temporarily holding sewage.

NRS 444.280           Inspection; correction of failure to comply with standards; suspension or revocation of license.

NRS 444.290           Reinstatement of license.

NRS 444.300           Exemption of certain employees from laws governing minimum wage.

NRS 444.310           Powers and duties of Division not limited by NRS 444.220 to 444.320, inclusive.

NRS 444.320           Penalties.

PUBLIC INSTITUTIONS

NRS 444.330           Division to supervise sanitation of certain state institutions; regulations; inspections and reports.

NRS 444.335           Health authority to supervise sanitation of certain local institutions; regulations; inspections and reports.

UNIFORM PLUMBING CODE

NRS 444.340           Declaration of state policy.

NRS 444.350           Compliance with and local modification of Code; use of materials containing lead; approval of amendments to Code by Chair of State Public Works Board.

NRS 444.420           Duties of State Public Works Board.

NRS 444.430           Power of local government to adopt regulations; procedure.

PLASTIC BOTTLES AND CONTAINERS

NRS 444.435           Definitions.

NRS 444.436           Manufacture or distribution prohibited without symbol indicating plastic resin used to produce bottle or container; penalty.

NRS 444.437           Symbols required; maintenance of list of symbols; copy of list to be provided upon request.

COLLECTION AND DISPOSAL OF SOLID WASTE

NRS 444.440           Declaration of state policy.

NRS 444.450           Definitions.

NRS 444.460           “Disposal site” defined.

NRS 444.463           “Facility for the management of waste tires” defined.

NRS 444.465           “Municipal solid waste landfill” defined.

NRS 444.470           “Municipality” defined.

NRS 444.475           “Passenger car” defined.

NRS 444.480           “Person” defined.

NRS 444.490           “Solid waste” defined.

NRS 444.495           “Solid waste management authority” defined.

NRS 444.500           “Solid waste management system” defined.

NRS 444.501           “Waste tire” defined.

NRS 444.505           Management and disposal of waste tires: Regulations for issuance of permits to operate facility and for program of recycling and reuse.

NRS 444.507           Management and disposal of waste tires: Permit required to operate facility; penalties for violation.

NRS 444.509           Management and disposal of waste tires: Unlawful to dispose of waste tire in solid waste landfill if permit issued for operation of facility in health district or county; exceptions.

NRS 444.510           Municipal solid waste management systems: Development, revision and approval of plans; cooperative agreements.

NRS 444.520           Municipal solid waste management systems: Additional fees and charges; unpaid fees and charges constitute lien against property; lien not effective until notice given.

NRS 444.530           Municipal solid waste management systems: Regulations for operation.

NRS 444.540           Municipal solid waste management systems: Acceptance and use of grants or appropriations.

NRS 444.550           Municipal solid waste management systems: Authority to acquire land, machinery, equipment or facilities.

NRS 444.553           Permits to operate disposal sites: Issuance; requirements.

NRS 444.555           Use of certain disposal sites established by municipality restricted; penalty.

NRS 444.556           Municipal solid waste landfills: Permit required; conditions of permit; disclosure of records regarding application for permit; powers of solid waste management authority.

NRS 444.557           Municipal solid waste landfills: Program to monitor compliance with permits, laws and regulations; allowance of intervention.

NRS 444.558           Municipal solid waste landfills: Regulations for program of issuing permits.

NRS 444.560           Regulations of State Environmental Commission: Adoption; fees; violation prohibited after reasonable time.

NRS 444.570           Duties of State Department of Conservation and Natural Resources and State Environmental Commission; inspections.

NRS 444.580           Authority of district board of health or municipality to adopt regulations and issue permits.

NRS 444.583           Unlawful disposal of motor vehicle battery, motor vehicle tire or motor oil; penalty; plan for appropriate disposal; exemption.

NRS 444.585           Ownership of recyclable materials; unauthorized collection of recyclable materials prohibited; penalty; civil remedy.

NRS 444.590           Designation of State Department of Conservation and Natural Resources as state agency for participation in federal program; extent of authority.

NRS 444.592           Solid waste management authority: Powers of protection and enforcement.

NRS 444.594           Solid waste management authority: Contents of orders for protection or enforcement.

NRS 444.596           Solid waste management authority: Recovery of civil penalties for violations.

NRS 444.598           Solid waste management authority: Recovery of damages resulting from violations.

NRS 444.600           Injunctive relief.

NRS 444.605           Issuance and enforcement of subpoenas.

NRS 444.610           Unlawful acts; penalties.

NRS 444.615           Solid Waste Management Account: Creation; deposits.

NRS 444.616           Solid Waste Management Account: Distribution and use.

NRS 444.620           Applicability of plans and provisions.

UNLAWFUL DISPOSAL OF SOLID WASTE OR SEWAGE

NRS 444.621           Definitions.

NRS 444.623           “Dump site” defined.

NRS 444.625           “Solid waste” defined.

NRS 444.627           “Solid waste management authority” defined.

NRS 444.629           Program for control of unlawful dumping: Establishment; administration; required elements; delegation of certain powers from solid waste management authority to hearing officer or board.

NRS 444.630           Prohibited acts; criminal penalty; clean up of dump site; community service; timing of commencement of clean up; proof of lawful disposal; revocation of business license; identification of violator; persons required to enforce provisions; issuance of citation; request for and provision of information.

NRS 444.635           Civil penalties: Liability upon each conviction; increase of penalty for subsequent conviction; payment in installments; collection; disposition and use of money collected.

NRS 444.637           Performance of certain functions by nonprofit organization.

NRS 444.639           Issuance and enforcement of subpoenas.

NRS 444.640           Reward for information leading to arrest and conviction of violator; regulations.

NRS 444.645           Notice of provision of NRS 444.555 or 444.630 to be posted; offer of reward.

DISPOSAL OF SEWAGE

NRS 444.650           Regulations to control use of residential individual system.

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DEFINITIONS

      NRS 444.002  “Division” defined.  As used in this chapter, “Division” means the Division of Public and Behavioral Health of the Department of Health and Human Services.

      (Added to NRS by 2013, 3052)

      NRS 444.003  “Health authority” defined.  As used in this chapter, “health authority” means the officers and agents of the Division or the officers and agents of the local boards of health.

      (Added to NRS by 1969, 1021)

      NRS 444.005  “Health Division” defined.  Repealed. (See chapter 489, Statutes of Nevada 2013, at page 3071.)

 

USED BEDDING AND MATTRESSES

      NRS 444.010  Sterilization and labeling required.  After March 21, 1935, it shall be unlawful for any person, firm, association or corporation, engaged in the operation of the business of manufacturing, making, renovating and selling mattresses, bed coverings, sheets, pillows and other similar bedding used for sleeping purposes, in this State, to sell or to offer to sell, or to dispose of any used or secondhand bedding, as described in NRS 444.010 to 444.040, inclusive, directly or indirectly, without first having the same thoroughly sterilized and securely labeled with a tag sewed on each article, marked thereon “Sterilized, Secondhand,” which tag shall show the name of the manufacturer, renovator or dealer.

      [1:77:1935; 1931 NCL § 5314.01]

      NRS 444.020  State Board of Health to adopt regulations concerning method of sterilization.  The State Board of Health shall prescribe rules, regulations, method and process of sterilization as mentioned in NRS 444.010 to 444.040, inclusive.

      [2:77:1935; 1931 NCL § 5314.02]

      NRS 444.030  Enforcement by health authority.  The health authority shall enforce all the provisions of NRS 444.010 to 444.040, inclusive, and the rules, regulations, method and process of sterilization authorized by NRS 444.010 to 444.040, inclusive.

      [3:77:1935; A 1945, 126; 1943 NCL § 5314.03]—(NRS A 1969, 1019)

      NRS 444.040  Penalty.  Every person violating any of the provisions of NRS 444.010, 444.020 or 444.030 shall be guilty of a misdemeanor.

      [4:77:1935; 1931 NCL § 5314.04]

TOILET FACILITIES

      NRS 444.045  Pay toilet prohibited in publicly owned building.  The State of Nevada, or any agency or political subdivision of the State is hereby prohibited from charging or allowing to be charged any fee or exaction of any type for the use of any toilet within a restroom or lavatory in any building owned or operated by such entity.

      (Added to NRS by 1975, 1164)

      NRS 444.047  “Public body” defined.  As used in this section and NRS 444.048 and 444.049, unless the context otherwise requires, “public body” means a governmental body of the State of Nevada, including, without limitation, an agency, department, division or political subdivision of the State of Nevada, or a local governmental body, including, without limitation, a county, city, municipality, township, school district or quasi-municipal corporation.

      (Added to NRS by 1997, 784)

      NRS 444.048  Areas leased by public body to provide public service required to have certain toilet facilities available to public; exception; void and unenforceable contracts.

      1.  Except as otherwise provided in this section, each area that is leased by or on behalf of a public body and is used primarily to provide a service to the public must have at least one toilet facility which is accessible to a person with a disability within the leased area or, if the leased area is a part of a complex of leased areas, within the common area of the complex. The toilet facility must:

      (a) Be available for use by members of the public.

      (b) Comply with the regulations regarding accessibility of a toilet facility promulgated pursuant to the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq.

      (c) If a corridor leads to the toilet facility, be marked at the entrance to the corridor with a sign which:

             (1) Conforms to the requirements related to signage contained in §§ 4.30 et seq. of the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities set forth in Appendix A of Part 36 of Title 28 of the Code of Federal Regulations; and

             (2) Uses symbols, raised letters and Braille to:

                   (I) Identify the toilet facility and the gender of persons who may use the toilet facility; and

                   (II) Indicate whether the toilet facility is for the exclusive use of persons of one gender and, if applicable, provide direction to a toilet facility that may be used by persons of the other gender.

      2.  The provisions of subsection 1 do not apply to a leased area within a state park for which toilet facilities are otherwise accessible to members of the public.

      3.  A contract to lease an area that does not satisfy the requirements of subsection 1 which is entered into on or after October 1, 1997, is void and unenforceable.

      (Added to NRS by 1997, 784; A 2001, 706)

      NRS 444.049  Reporting of violations of requirements concerning availability of toilet facilities to public; duties of Attorney General.

      1.  A person may report a violation of NRS 444.048 to the Attorney General of the State of Nevada.

      2.  Upon receiving a report pursuant to subsection 1, the Attorney General shall notify the public body responsible for the alleged violation. Not later than 30 days after receiving such notification, the public body shall:

      (a) Present evidence to the Attorney General that it is in compliance with NRS 444.048; or

      (b) Begin any action necessary to comply with the requirements of NRS 444.048 and notify the Attorney General of the date on which it will be in compliance with those requirements.

      3.  If the public body fails to comply with NRS 444.048, the Attorney General shall take such action as is necessary to ensure compliance with NRS 444.048, including, without limitation, commencing proceedings in a court of competent jurisdiction, if appropriate.

      (Added to NRS by 1997, 784)

COMMON TOWELS

      NRS 444.050  “Common towel” defined.  A “common towel” is defined as any substance made of cloth or any other material used for the purpose of drying or cleansing the face, hands or any other portion of the human body, which may be used by more than one person.

      [1:17:1925; NCL § 10549]

      NRS 444.060  Use in public place prohibited; penalty.

      1.  It shall be unlawful for any person owning, operating or managing a public place of any kind or character to exhibit for use or permit the use of a common towel as described in NRS 444.050.

      2.  Any person violating any of the provisions of this section shall be guilty of a misdemeanor.

      [2:17:1925; NCL § 10550] + [3:17:1925; NCL § 10551]—(NRS A 1967, 579)

PUBLIC SWIMMING POOLS AND BATHHOUSES; NUDIST COLONIES

      NRS 444.065  “Public swimming pool” defined.

      1.  Except as otherwise provided in subsection 2, as used in NRS 444.065 to 444.120, inclusive, “public swimming pool” means any structure containing an artificial body of water that is intended to be used collectively by persons for swimming or bathing, regardless of whether a fee is charged for its use.

      2.  The term does not include any such structure at:

      (a) A private residence if the structure is controlled by the owner or other authorized occupant of the residence and the use of the structure is limited to members of the family of the owner or authorized occupant of the residence or invited guests of the owner or authorized occupant of the residence.

      (b) A family foster home as defined in NRS 424.013.

      (c) A child care facility, as defined in NRS 441A.030, furnishing care to 12 children or less.

      (d) Any other residence or facility as determined by the State Board of Health.

      (e) Any location if the structure is a privately owned pool used by members of a private club or invited guests of the members.

      (Added to NRS by 1993, 2504; A 2009, 2819; 2011, 1999)

      NRS 444.070  Health authority to supervise public swimming pools and bathhouses; regulations.

      1.  The health authority shall supervise the sanitation, healthfulness, cleanliness and safety of public swimming pools and bathhouses and the State Board of Health or local board of health may adopt and enforce such rules and regulations pertaining thereto as it deems necessary to carry out the provisions of NRS 444.065 to 444.120, inclusive.

      2.  Rules and regulations adopted pursuant to subsection 1 must not deny the use of a public spa to a child who is under 12 years of age and has adult supervision.

      [1:38:1935; 1931 NCL § 5313.01]—(NRS A 1963, 954; 1969, 1019; 1987, 184; 1993, 2504; 1995, 66)

      NRS 444.080  Operation without permit unlawful; procedure for application for and granting of permit.

      1.  It shall be unlawful for any person, firm, corporation, institution or municipality to construct or to operate or continue to operate any public swimming pool, bathhouse, or nudist colony, or any structure intended to be used for swimming or bathing purposes within the State of Nevada without a permit to do so from the health authority.

      2.  Any person, firm, corporation, institution or municipality desiring to construct or to operate and maintain any public swimming pool, bathhouse or structure intended to be used for swimming or bathing purposes within the State of Nevada shall file an application for permission to do so with the health authority.

      3.  The application shall state:

      (a) The source of water supply.

      (b) The amount and quality of water available and intended to be used.

      (c) The method and manner of water purification, treatment, disinfection, heating, regulating and cleaning.

      (d) The lifesaving apparatus and measures to insure safety of bathers.

      (e) The measures to insure personal cleanliness of bathers.

      (f) The methods and manner of washing, disinfecting, drying and storing bathing apparel and towels.

      (g) All other information and statistics that may be required by the regulations of the State Board of Health or local board of health.

      4.  Upon receipt of the application, the health authority shall cause an investigation to be made of the proposed or existing pool, and if the health authority determines as a fact that the same is or may reasonably be expected to become unclean or insanitary or may constitute a menace to public health, the health authority shall deny the permit. If the health authority determines as a fact that the same is or may reasonably be expected to be conducted continuously in a clean and sanitary manner and will not constitute a menace to public health, the health authority shall grant the permit under such restrictions as the authority shall deem proper.

      [2:38:1935; 1931 NCL § 5313.02]—(NRS A 1963, 954; 1969, 1019)

      NRS 444.090  Inspection; reporting and publication of results.

      1.  For the purposes of NRS 444.065 to 444.120, inclusive, the health authority must be permitted to enter upon any and all parts of the premises of bathing and swimming places to examine and investigate the sanitary condition of such places and to determine whether the provisions of NRS 444.065 to 444.120, inclusive, or the rules and regulations of the State Board of Health or local board of health pertaining thereto are being violated.

      2.  The results of an inspection must be reported to the health authority within 7 days following the inspection.

      3.  The health authority may publish the report of the inspection.

      [3:38:1935; 1931 NCL § 5313.03]—(NRS A 1963, 955; 1969, 1020; 1987, 184; 1993, 1327, 2505)

      NRS 444.100  Suspension or revocation of permit: Grounds; procedure; regulations.

      1.  Except as otherwise provided in subsection 2, any permit granted by the health authority pursuant to NRS 444.080 is subject to suspension at any time by the health authority if it determines that the swimming or bathing place is being operated in a manner insanitary, unclean or dangerous to public health, or in violation of NRS 444.105.

      2.  Except in the case of a violation of NRS 444.105 or an imminent health hazard, before suspending such a permit, the health authority shall give the permittee:

      (a) A written notice of the determination that the place is being operated in such a manner;

      (b) A written statement of the facts upon which the determination was made; and

      (c) A list of actions necessary to correct the insanitary, unclean or dangerous conditions.

Ę The permittee must be allowed, from the time he or she receives the notice of the suspension, a reasonable time not less than 48 hours to correct the offensive conditions. If the required corrections are not made within the time allowed, the health authority may revoke the permit.

      3.  The State Board of Health shall adopt regulations which provide for a timely review of such revocations and suspensions during which the health authority and the permittee must be given an opportunity to be heard.

      [4:38:1935; 1931 NCL § 5313.04]—(NRS A 1963, 955; 1969, 1020; 1987, 185, 1470)

      NRS 444.105  Person with physical disability may use lifesaving device in public swimming pool; conditions.  No person may prohibit any person with a physical disability from using a life preserver or other lifesaving device in a public swimming pool if the person using the device presents a written statement signed by a licensed physician indicating that the person has a physical disability which requires the use of that device.

      (Added to NRS by 1987, 184)

      NRS 444.110  Swimming pool as public nuisance; abatement.  Any swimming pool constructed, operated or maintained contrary to the provisions of NRS 444.065 to 444.120, inclusive, is hereby declared to be a public nuisance, dangerous to health. Such a nuisance may be abated or enjoined in an action brought by the local board of health or the health authority.

      [5:38:1935; 1931 NCL § 5313.05]—(NRS A 1963, 955; 1969, 1020; 1993, 2505)

      NRS 444.115  Competency of lifeguard on duty at facility of State or local government.

      1.  If a lifeguard is on duty at a facility or other property owned or operated by the State of Nevada or a political subdivision thereof where recreational swimming is available in a natural or artificial body of water, the lifeguard must have satisfactorily completed an advanced lifesaving course offered by the Red Cross or an equivalent course. A current certificate indicating that the lifeguard has satisfactorily completed such a course must be posted in a prominent place near the lifeguard’s workstation or otherwise be made available for public inspection during all business hours.

      2.  The employer of such a lifeguard may require the lifeguard to demonstrate his or her competency at any time during the employment of the lifeguard.

      (Added to NRS by 1993, 1327)

      NRS 444.120  Penalties.

      1.  Any person, whether as principal or agent, or employer or employee, who violates any of the provisions of NRS 444.065 to 444.110, inclusive, is guilty of a misdemeanor.

      2.  Each day that conditions or actions in violation of NRS 444.065 to 444.110, inclusive, continue shall be deemed a separate and distinct offense.

      [6:38:1935; 1931 NCL § 5313.06]—(NRS A 1967, 579; 1987, 185; 1993, 2505)

CONSTRUCTION AND LABOR CAMPS

      NRS 444.130  Sanitary conditions of bunkhouses, tents and surrounding grounds of camp where five or more persons are employed.

      1.  In or at any construction or labor camp where five or more persons are employed, bunkhouses, tents or other suitable sleeping places must be provided for all the employees. The bunkhouses, tents or other sleeping places shall:

      (a) Be in good structural condition, and so constructed as to provide shelter to the occupants against the elements and so as to exclude dampness in inclement weather.

      (b) Be kept in a cleanly state, and free from vermin and matter of an infectious and contagious nature.

      2.  The grounds around such bunkhouses, tents or other sleeping places shall be kept clean and free from accumulations of dirt, filth, garbage and other deleterious matter.

      [1:47:1923; NCL § 2816]—(NRS A 1957, 224)

      NRS 444.140  Air space in bunkhouse or tent; bunk, bed or mattress to be supplied to employee.

      1.  Every bunkhouse, tent or other sleeping place used for the purpose of a lodging or sleeping apartment in such camp shall contain sufficient air space to insure an adequate supply of fresh air for each person occupying such bunkhouse, tent or other sleeping place.

      2.  Suitable bunks or beds shall be provided for all employees. Such bunks or beds shall be made of steel, canvas or other sanitary material, and shall be so constructed as to afford reasonable comfort to the persons occupying the same. A clear space of at least 20 inches extending from the floor to the ceiling or roof of any bunkhouse, tent or other sleeping place must be allowed between each bed or bunk in any bunkhouse, tent or sleeping place.

      3.  Upon the request of an employee, he or she must be supplied with a mattress or some equally comfortable bedding for which a reasonable charge may be made, the same to be deducted from the employee’s wages. When straw or other substitute for a mattress is used, a container or tick must be provided.

      [2:47:1923; NCL § 2817]

      NRS 444.150  Sanitary conditions of dining rooms, kitchens, dishes and cooking utensils.

      1.  Every mess house, dining room, mess tent, dining tent, kitchen or other structure where food is cooked, prepared or served in such camp shall be kept in a clean and sanitary state, and the openings of such structures shall be screened.

      2.  All dishes, cooking utensils, or other vessels in which food is prepared or kept or from which food is to be eaten, and all knives, forks, spoons and other implements used in the eating of food must be kept in a clean, unbroken and sanitary condition.

      [3:47:1923; NCL § 2818]

      NRS 444.160  Toilet facilities or portable facilities for temporarily holding sewage.  Every construction or labor camp must have convenient and suitable toilet facilities or portable facilities for temporarily holding sewage that is treated with chemicals which must be kept in a clean and sanitary state. The toilet facilities and portable facilities must conform to the provisions of the Uniform Plumbing Code of the International Association of Plumbing and Mechanical Officials, as adopted by the Division, and all applicable administrative regulations which pertain to the disposal of sewage.

      [4:47:1923; NCL § 2819]—(NRS A 1993, 2639)

      NRS 444.170  Disposal of garbage and drainage from kitchen sink.

      1.  All garbage, kitchen wastes and other rubbish in such camp shall be deposited in suitable covered receptacles which shall be emptied daily, or oftener if necessary, and the contents burned, buried or otherwise disposed of in such a way as not to be or become offensive or insanitary.

      2.  All drainage from the kitchen sink shall be carried through a covered drain to a covered septic tank or otherwise disposed of in such a way as not to become offensive or insanitary.

      [5:47:1923; NCL § 2820]—(NRS A 1969, 1020)

      NRS 444.180  Employer to keep camp clean; appointment of responsible person to keep camp clean.

      1.  Any person, firm, corporation, agent or officer of a firm or corporation employing persons to work in or at camps to which the provisions of NRS 444.130 to 444.200, inclusive, apply and the superintendent or overseer in charge of the work in or at such camps shall carry out the provisions of NRS 444.130 to 444.200, inclusive.

      2.  At every such camp such owner, superintendent or overseer shall appoint a responsible person to assist in keeping the camp clean.

      [6:47:1923; NCL § 2821]

      NRS 444.190  Powers of health authority; abatement of construction camp as public nuisance.

      1.  The health authority shall administer NRS 444.130 to 444.200, inclusive, and the State Board of Health or local boards of health shall have full power and authority to declare and prescribe such reasonable standards and regulations as will tend to insure the observance of NRS 444.130 to 444.200, inclusive.

      2.  The health authority shall secure the enforcement of the provisions of NRS 444.130 to 444.200, inclusive, and for such purposes the health authority shall have the right:

      (a) To enter upon either public or private property within the State to determine whether or not there exists upon such property any camp to which the provisions of NRS 444.130 to 444.200, inclusive, may apply.

      (b) To enter and inspect all camps within the State of Nevada wherever the same may be situated, and to inspect all accommodations, equipment or paraphernalia connected therewith.

      (c) To enter upon and inspect all adjacent land surrounding any such camp to determine whether or not the sanitary and other requirements of NRS 444.130 to 444.200, inclusive, have been or are being complied with.

      3.  Any camp coming under the provisions of NRS 444.130 to 444.200, inclusive, which does not conform to the provisions of NRS 444.130 to 444.200, inclusive, is hereby declared a public nuisance and if not made to so conform within 5 days or within such longer period of time as may be allowed by the health authority, after written notice given by the health authority, shall be abated by proper action brought for that purpose in the district court of the county in which such camp, or the greater portion thereof, is situated.

      [7:47:1923; NCL § 2822]—(NRS A 1963, 955; 1969, 1020)

      NRS 444.200  Penalty.  Any person, firm, corporation, agent or officer of a firm or corporation, or any superintendent or overseer in charge of the work in or at any camp coming under the provisions of NRS 444.130 to 444.190, inclusive, who shall violate or fail to comply with the provisions of NRS 444.130 to 444.190, inclusive, is guilty of a misdemeanor.

      [8:47:1923; NCL § 2823]—(NRS A 1967, 580)

CHILDREN’S CAMPS

      NRS 444.220  “Children’s camp” defined.  As used in NRS 444.220 to 444.320, inclusive: “Children’s camp” means any land with permanent buildings, tents or other structures established or maintained as living quarters where both food and lodging or the facilities therefor are provided for minors, operated continuously on a 24-hour basis for a period of 5 days or more each year for religious, recreational or vacation purposes, either free of charge or for a fee, but does not include any camps owned or leased for individual or family use, penal or correctional purposes, or places operated for the education, care or treatment of children.

      (Added to NRS by 1967, 1049; A 1985, 516)

      NRS 444.230  Operation without license prohibited; procedure for application and granting of licenses; posting of license.

      1.  The boards of health of health districts and counties shall issue licenses to qualified applicants for the operation of children’s camps. No children’s camp may be operated without first obtaining such a license.

      2.  Annually or before May 1, every person operating or seeking to operate a children’s camp shall make application in writing to the board of health of the appropriate health district or county for a license to conduct a children’s camp. The application shall be in such form and shall contain such information as the board of health finds necessary to determine that the children’s camp will be operated and maintained in accordance with the standards prescribed by NRS 444.220 to 444.320, inclusive.

      3.  When a person operates or is seeking to operate more than one children’s camp, a separate application shall be made, and license obtained, for each camp.

      4.  The license shall be posted in a conspicuous place on the premises occupied by each camp.

      (Added to NRS by 1967, 1049)

      NRS 444.240  Fee for license; renewals.  The fee for a children’s camp license shall be $25 for the first license and $10 for each renewal of the license thereafter.

      (Added to NRS by 1967, 1049)

      NRS 444.250  Location, layout and drainage of camp; containers for garbage.

      1.  Every children’s camp shall be located on well drained ground near an adequate safe water supply.

      2.  The general layout of a children’s camp shall be planned to lessen fire, accident and disease hazards.

      3.  In every children’s camp all kitchen, toilet, bath and other drainage shall be disposed of in such manner as to prevent fly and mosquito breeding and the pollution of any water or food supply.

      4.  A reasonable number of watertight metal garbage containers with lids shall be provided. The containers shall be emptied and cleaned as necessary, and the garbage disposed of in accordance with minimum standards of the appropriate board of health of a health district or county.

      (Added to NRS by 1967, 1049)

      NRS 444.260  Equipment and area used to prepare and store food to be kept clean; supply of water.

      1.  All food storage, preparation and service space and equipment in children’s camps shall be maintained clean and free from dust and insects, and the equipment shall be disinfected after each use.

      2.  Refrigeration equipment in such camps shall be available with provisions for preserving perishable foods in a temperature of not over 50° F.

      3.  Each such camp shall be provided with a water supply of sufficient quantity of a safe sanitary quality, meeting the minimum standards of the board of health of the appropriate health district or county.

      4.  Crossflow or backflow connections with contaminated water supplies or other possible sources of contamination are prohibited in such camps.

      (Added to NRS by 1967, 1050)

      NRS 444.270  Toilets and disposal systems or portable facilities for temporarily holding sewage.

      1.  Every children’s camp must have suitable toilets and disposal systems or portable facilities for temporarily holding sewage that is treated with chemicals which conform to the provisions of the Uniform Plumbing Code of the International Association of Plumbing and Mechanical Officials, as adopted by the Division, and all applicable administrative regulations which pertain to the disposal of sewage.

      2.  A children’s camp must provide one toilet or portable facility for every 15 persons or fraction thereof in the camp population.

      (Added to NRS by 1967, 1050; A 1993, 2639)

      NRS 444.280  Inspection; correction of failure to comply with standards; suspension or revocation of license.

      1.  The board of health of the appropriate health district or county may make such inspections of each children’s camp as it finds necessary and when it is found that there is a failure to comply with any of the standards prescribed by NRS 444.220 to 444.320, inclusive, such board of health shall give notice to the camp operator of such failure, which notice shall set forth the law violated.

      2.  The children’s camp operator shall have a reasonable time after receiving such notice in which to correct such failure and to comply with the standards prescribed by NRS 444.220 to 444.320, inclusive.

      3.  In the event the camp operator fails to comply with the requirements of such notice within a reasonable time, such board of health may suspend or revoke the license of the camp operator.

      (Added to NRS by 1967, 1050)

      NRS 444.290  Reinstatement of license.  When a license has been suspended or revoked by the board of health of an appropriate health district or county, it shall be reinstated upon compliance with the standards prescribed by NRS 444.220 to 444.320, inclusive.

      (Added to NRS by 1967, 1050)

      NRS 444.300  Exemption of certain employees from laws governing minimum wage.  Any person employed by a children’s camp on a written contract basis for a specified term longer than 1 week is exempt from the provisions of NRS 608.250 to 608.290, inclusive, and chapter 609 of NRS relating to daily and weekly hours of labor only if such camp is operated by a nonprofit organization which is exempt from federal income tax under I.R.C. § 501.

      (Added to NRS by 1967, 1050)

      NRS 444.310  Powers and duties of Division not limited by NRS 444.220 to 444.320, inclusive.  Nothing in NRS 444.220 to 444.320, inclusive, shall be interpreted to limit the powers and duties of the Division prescribed by NRS 439.170 and 439.570.

      (Added to NRS by 1967, 1050)

      NRS 444.320  Penalties.  Any person who violates any provision of NRS 444.220 to 444.300, inclusive, is guilty of a misdemeanor.

      (Added to NRS by 1967, 1050)

PUBLIC INSTITUTIONS

      NRS 444.330  Division to supervise sanitation of certain state institutions; regulations; inspections and reports.

      1.  The Division has supervision over the sanitation, healthfulness, cleanliness and safety, as it pertains to the foregoing matters, of the following state institutions:

      (a) Institutions and facilities of the Department of Corrections.

      (b) Northern Nevada Adult Mental Health Services.

      (c) Nevada Youth Training Center, Caliente Youth Center and any other state facility for the detention of children that is operated pursuant to title 5 of NRS.

      (d) Nevada System of Higher Education.

      2.  The State Board of Health may adopt regulations pertaining thereto as are necessary to promote properly the sanitation, healthfulness, cleanliness and, as it pertains to the foregoing matters, the safety of those institutions.

      3.  The Chief Medical Officer or an authorized agent of the Officer shall inspect those institutions at least once each calendar year and whenever he or she deems an inspection necessary to carry out the provisions of this section. The inspection of any state facility for the detention of children that is operated pursuant to title 5 of NRS must include, without limitation, an inspection of all areas where food is prepared and served, bathrooms, areas used for sleeping, common areas and areas located outdoors that are used by children at the facility.

      4.  The Chief Medical Officer shall publish reports of the inspections of any state facility for the detention of children that is operated pursuant to title 5 of NRS and may publish reports of the inspections of other state institutions.

      5.  All persons charged with the duty of maintenance and operation of the institutions named in this section shall operate the institutions in conformity with the regulations adopted by the State Board of Health pursuant to subsection 2.

      6.  The Chief Medical Officer or an authorized agent of the Officer may, in carrying out the provisions of this section, enter upon any part of the premises of any of the institutions named in this section over which he or she has jurisdiction, to determine the sanitary conditions of the institutions and to determine whether the provisions of this section and the regulations of the State Board of Health pertaining thereto are being violated.

      (Added to NRS by 1969, 1021; A 1973, 117, 227, 1636; 1983, 728; 1989, 1961; 1993, 403; 2001, 1117; 2001 Special Session, 240; 2003, 1151; 2005, 22nd Special Session, 56; 2007, 1194; 2013, 3052)

      NRS 444.335  Health authority to supervise sanitation of certain local institutions; regulations; inspections and reports.

      1.  The health authority shall have supervision over the sanitation, healthfulness, cleanliness and safety, as it pertains to the foregoing matters, of the following city, county and private institutions:

      (a) Jails, correctional institutions and other institutions performing similar functions, including, without limitation, any facility for the detention of children;

      (b) Schools; and

      (c) School gymnasiums.

      2.  The State Board of Health shall, with respect to jails, correctional institutions and other institutions performing similar functions, including, without limitation, any facility for the detention of children, and may, with respect to the other institutions named in subsection 1, adopt and enforce such regulations as are necessary to promote properly the sanitation, healthfulness, cleanliness and safety, as it pertains to the foregoing matters, of those institutions.

      3.  The health authority shall inspect those institutions at least once each calendar year and at such other times as, in its discretion, it deems an inspection necessary to carry out the provisions of this section, except that inspections of schools and gymnasiums shall be made at least twice each year, once during each semester. The inspection of any institution which has physical custody of children pursuant to the order of a court must include, without limitation, an inspection of all areas where food is prepared and served, bathrooms, areas used for sleeping, common areas and areas located outdoors that are used by children at the facility.

      4.  A report of the findings of an inspection must be made to the Chief Medical Officer within 20 days following the inspection. The Chief Medical Officer shall publish the report of the inspection of any facility which has physical custody of children pursuant to the order of a court and may from time to time, in his or her discretion, publish the reports of the inspections of other institutions.

      5.  All persons charged with the duty of maintenance and operation of the institutions named in this section shall operate those institutions in conformity with regulations relating to sanitation, healthfulness, cleanliness and safety, as it pertains to the foregoing matters, adopted by the State Board of Health.

      6.  The health authority may, in carrying out the provisions of this section, enter upon any part of the premises of any of the institutions named in this section over which it has jurisdiction, to determine the sanitary conditions of those places and to determine whether the provisions of this section and the regulations of the State Board of Health pertaining thereto are being violated.

      (Added to NRS by 1973, 228; A 1979, 1009; 2007, 1195)

UNIFORM PLUMBING CODE

      NRS 444.340  Declaration of state policy.  The policy of the State of Nevada with respect to the uniformity of plumbing codes throughout the State is:

      1.  That uniformity is a matter of statewide interest and concern, affecting health and environmental conditions, housing costs and efficiency in private housing construction.

      2.  That, by allowing local governments to waive and modify provisions of the Uniform Plumbing Code, adopted by the International Association of Plumbing and Mechanical Officials, based on differences in geographic and climatic conditions only upon submission of such proposed waivers and modifications to the State Public Works Board, excessive waivers and modifications would be deterred.

      (Added to NRS by 1971, 233; A 1977, 1219)

      NRS 444.350  Compliance with and local modification of Code; use of materials containing lead; approval of amendments to Code by Chair of State Public Works Board.

      1.  Any construction, alteration or change in the use of a building or other structure in this State must be in compliance with the Uniform Plumbing Code of the International Association of Plumbing and Mechanical Officials in the form most recently adopted by that Association, unless the State Public Works Board posts a notice of disapproval of any amendment to the Code pursuant to subsection 5.

      2.  Any city or county may adopt such modifications as are deemed reasonably necessary because of its geographic, topographic or climatic conditions. Any city or county desiring to make changes to the Uniform Plumbing Code must, before its adoption, submit the Code with the proposed amendments to the State Public Works Board.

      3.  No city or county may allow the use of any solder or flux that contains more than 0.2 percent lead or allow the use of any pipe or pipe fitting that contains more than 8 percent lead in the installation or repair of a public water system or any residence or facility connected to a public water system. As used in this subsection, “public water system” has the meaning ascribed to it in NRS 445A.840.

      4.  A facility used by members of the public whose construction or renovation begins on or after January 1, 1994, must provide on its premises a sufficient number of water closets and urinals to comply with the minimum standards set forth in the Uniform Plumbing Code. As used in this subsection, “facility used by members of the public” means any motion picture house, theater, concert hall, community hall, sports arena, stadium, ski resort or other permanent place of exhibition or entertaining to which members of the public are invited or which is intended for public use. The term does not include:

      (a) A hotel as defined in NRS 447.010.

      (b) A food establishment as defined in NRS 446.020.

      (c) A children’s camp as defined in NRS 444.220.

      (d) A historic structure as defined in NRS 244A.6825.

      (e) A public or private school.

      (f) A convention hall.

      5.  The Chair of the State Public Works Board or the Chair’s designee shall review each amendment to the Uniform Plumbing Code and approve or disapprove of the amendment for use in Nevada. If the Chair does not post a notice of disapproval within 30 days after an amendment is published, the amendment shall be deemed approved for this State.

      6.  As used in this section, unless the context otherwise requires, “convention hall” means a facility which incorporates both space for exhibitions and a substantial number of smaller spaces for meetings, and which is primarily for use by trade shows, public shows, conventions or related activities.

      (Added to NRS by 1971, 233; A 1975, 201; 1977, 1219; 1985, 372; 1989, 1094; 1991, 482; 1993, 324; 1995, 1529, 2506, 2507)

      NRS 444.420  Duties of State Public Works Board.  The State Public Works Board shall:

      1.  Review all proposed adoptions of the Uniform Plumbing Code by any city or county and any proposed changes to the Uniform Plumbing Code, and advise such city or county on whether or not such change is deemed warranted by geographic, topographic or climatic conditions.

      2.  Submit a copy of the Uniform Plumbing Code adopted by any city or county to the Division.

      (Added to NRS by 1971, 234; A 1973, 1406; 1975, 202; 1977, 1220)

      NRS 444.430  Power of local government to adopt regulations; procedure.

      1.  The governing body of any city or county shall, 60 days prior to the adoption of any regulation for the enforcement of the Uniform Plumbing Code or any other regulations pursuant thereto, deliver by certified or registered mail, a copy of the proposed regulation to the State Public Works Board for the Board’s recommendation on the proposed regulation.

      2.  The governing body of the city or county may, 60 days after the State Public Works Board receives the copy of the proposed regulation, adopt the regulation with or without the approval of the State Public Works Board.

      (Added to NRS by 1971, 235; A 1975, 202; 1977, 1220)

PLASTIC BOTTLES AND CONTAINERS

      NRS 444.435  Definitions.  As used in this section and NRS 444.436 and 444.437, unless the context otherwise requires:

      1.  “Plastic” means a material made of polymeric organic compounds and additives that can be shaped by flow.

      2.  “Plastic bottle” means a plastic container intended for single use that has a:

      (a) Neck smaller than the body of the container;

      (b) Screw-top, snap-cap or other closure; and

      (c) Capacity of not less than 16 fluid ounces nor more than 5 gallons.

      3.  “Rigid plastic container” means a formed or molded container intended for a single use, composed predominantly of plastic resin, that has a relatively inflexible finite shape or form and a capacity of not less than 8 ounces nor more than 5 gallons. The term does not include a plastic bottle.

      (Added to NRS by 1991, 1102)

      NRS 444.436  Manufacture or distribution prohibited without symbol indicating plastic resin used to produce bottle or container; penalty.

      1.  A person shall not manufacture or distribute a plastic bottle or rigid plastic container unless the appropriate symbol indicating the plastic resin used to produce the bottle or container, as provided in NRS 444.437, is molded into or imprinted on the bottom or near the bottom of the bottle or container.

      2.  A person who violates subsection 1 shall be punished by a fine of not more than $500 for each violation.

      (Added to NRS by 1991, 1102)

      NRS 444.437  Symbols required; maintenance of list of symbols; copy of list to be provided upon request.

      1.  The symbol required by NRS 444.436 must consist of:

      (a) A number placed within a triangle of arrows; and

      (b) Letters placed below the triangle of arrows.

Ę The triangle must be equilateral, formed by three arrows with the apex of each point of the triangle at the midpoint of each arrow, rounded with a short radius. The arrowhead of each arrow must be at the midpoint of each side of the triangle with a short gap separating the arrowhead from the base of the adjacent arrow. The triangle formed by the arrows must depict a clockwise path around the number.

      2.  The following letters and numbers must be used to indicate the following plastic resins:

      (a) “PETE” and “1” to indicate polyethylene terephthalate.

      (b) “HDPE” and “2” to indicate high density polyethylene.

      (c) “V” and “3” to indicate vinyl.

      (d) “LDPE” and “4” to indicate low density polyethylene.

      (e) “PP” and “5” to indicate polypropylene.

      (f) “PS” and “6” to indicate polystyrene.

      (g) “OTHER” and “7” to indicate all other plastic resins.

      3.  A plastic bottle or rigid plastic container with a base cup or other component of a material different from the basic material used in making the bottle or container may, if the materials are compatible in recycling systems, bear the symbol indicating its basic material even if the symbol is applied to the base cup of the secondary material. If the materials are not compatible, the bottle or container shall bear the symbol “7” or “OTHER.”

      4.  The State Department of Conservation and Natural Resources shall:

      (a) Maintain a list of the symbols; and

      (b) Provide a copy of that list to any person upon request.

      (Added to NRS by 1991, 1102)

COLLECTION AND DISPOSAL OF SOLID WASTE

      NRS 444.440  Declaration of state policy.  It is hereby declared to be the policy of this State to regulate the collection and disposal of solid waste in a manner that will:

      1.  Protect public health and welfare.

      2.  Prevent water or air pollution.

      3.  Prevent the spread of disease and the creation of nuisances.

      4.  Conserve natural resources.

      5.  Enhance the beauty and quality of the environment.

      (Added to NRS by 1971, 1178)

      NRS 444.450  Definitions.  As used in NRS 444.440 to 444.620, inclusive, unless the context otherwise requires, the words and terms defined in NRS 444.460 to 444.501, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 1971, 1178; A 1987, 1491; 1991, 1672, 2191; 1993, 14; 2009, 1080)

      NRS 444.460  “Disposal site” defined.  “Disposal site” means any place at which solid waste is dumped, abandoned or accepted or disposed of by incineration, land filling, composting or any other method. The term includes a municipal solid waste landfill.

      (Added to NRS by 1971, 1178; A 1993, 14)

      NRS 444.463  “Facility for the management of waste tires” defined.  “Facility for the management of waste tires” means a site at which waste tires are deposited for processing, recycling or use as a fuel and which has been issued a permit for that purpose pursuant to the regulations adopted pursuant to NRS 444.505.

      (Added to NRS by 2009, 1078)

      NRS 444.465  “Municipal solid waste landfill” defined.  “Municipal solid waste landfill” has the meaning ascribed to it in the Resource Conservation and Recovery Act of 1976, Subtitle D, 42 U.S.C. §§ 6941 et seq., and the regulations adopted pursuant thereto.

      (Added to NRS by 1993, 10)

      NRS 444.470  “Municipality” defined.  “Municipality” means any county and any city or town, whether incorporated or unincorporated, and Carson City.

      (Added to NRS by 1971, 1178)

      NRS 444.475  “Passenger car” defined.  “Passenger car” has the meaning ascribed to it in NRS 482.087.

      (Added to NRS by 2009, 1078)

      NRS 444.480  “Person” defined.  “Person” includes any state or federal agency.

      (Added to NRS by 1971, 1178; A 1985, 516)

      NRS 444.490  “Solid waste” defined.  “Solid waste” means all putrescible and nonputrescible refuse in solid or semisolid form, including, but not limited to, garbage, rubbish, junk vehicles, ashes or incinerator residue, street refuse, dead animals, demolition waste, construction waste, solid or semisolid commercial and industrial waste. The term does not include hazardous waste managed pursuant to NRS 459.400 to 459.600, inclusive.

      (Added to NRS by 1971, 1178; A 1981, 888)

      NRS 444.495  “Solid waste management authority” defined.  “Solid waste management authority” means:

      1.  Except as otherwise provided in subsection 2, the district board of health in any area in which a health district has been created pursuant to NRS 439.362 or 439.370 and in any area over which the board has authority pursuant to an interlocal agreement, if the board has adopted all regulations that are necessary to carry out the provisions of NRS 444.440 to 444.620, inclusive.

      2.  In all other areas of the State and pursuant to NRS 704.7318, at any site previously used for the production of electricity from a coal-fired electric generating plant in this State, the Division of Environmental Protection of the State Department of Conservation and Natural Resources.

      (Added to NRS by 1993, 10; A 2005, 2468; 2009, 1080; 2013, 3086)

      NRS 444.500  “Solid waste management system” defined.  “Solid waste management system” means the entire process of storage, collection, transportation, processing, recycling and disposal of solid waste. The term includes plans and programs for the reduction of waste and public education.

      (Added to NRS by 1971, 1178; A 1981, 858; 1993, 14)

      NRS 444.501  “Waste tire” defined.  “Waste tire” means a passenger car tire that is not suitable for its intended purpose because of wear, damage or defect.

      (Added to NRS by 2009, 1078)

      NRS 444.505  Management and disposal of waste tires: Regulations for issuance of permits to operate facility and for program of recycling and reuse.

      1.  The district board of health of a health district created pursuant to NRS 439.362 or 439.370 shall, in a timely manner, adopt regulations:

      (a) For the issuance of a permit to operate a facility for the management of waste tires in the health district and in any area over which the board has authority pursuant to an interlocal agreement;

      (b) If the district board of health issues a permit to operate a facility for the management of waste tires, prohibiting the disposal of waste tires in any municipal solid waste landfill in the health district and in any area over which the board has authority pursuant to an interlocal agreement by a retail seller of new motor vehicles tires or a wholesale seller of new motor vehicle tires; and

      (c) To establish and carry out a program for the recycling and reuse of waste tires in the health district and in any area over which the board has authority pursuant to an interlocal agreement.

      2.  The regulations adopted pursuant to subsection 1 must:

      (a) Provide for acceptable alternatives to the disposal of a waste tire in a municipal solid waste landfill;

      (b) Provide for the inspection of a facility for the management of waste tires to ensure that the operator of the facility complies with those regulations;

      (c) Prohibit a facility for the management of waste tires from refusing to accept a waste tire offered for disposal, except in accordance with the provisions of the permit issued to the operator of the facility;

      (d) Establish requirements concerning the transportation and storage of waste tires prior to disposal;

      (e) Establish a procedure for applications for exemptions or waivers from any of those regulations;

      (f) Provide for an exemption from any penalty imposed pursuant to those regulations for any person who inadvertently or unintentionally disposes of a waste tire in a municipal solid waste landfill in violation of those regulations;

      (g) Not prohibit the lawful disposal of a waste tire outside of the health district; and

      (h) In addition to the penalties described in NRS 444.507 and 444.509, provide for a penalty for a violation of any of those regulations.

      3.  In a county in which a health district has not been created pursuant to NRS 439.362 or 439.370, the State Environmental Commission may adopt regulations:

      (a) Authorizing the Division of Environmental Protection of the State Department of Conservation and Natural Resources to issue a permit for the operation of a facility for the management of waste tires in the county;

      (b) If a facility for the management of waste tires has been issued a permit in the county, prohibiting the disposal of waste tires in a municipal solid waste landfill in the county; and

      (c) To establish and carry out a program for the recycling and reuse of waste tires in the county.

      4.  Any regulation adopted pursuant to this section which prohibits the disposal of a waste tire in a municipal solid waste landfill does not apply to the disposal of a waste tire if the unavailability of a facility for the management of waste tires makes disposal at such a facility impracticable. The provisions of this subsection do not exempt a person from any other regulation adopted pursuant to this section.

      5.  The regulations adopted by a district board of health pursuant to this section must not conflict with regulations adopted by the State Environmental Commission.

      (Added to NRS by 2009, 1078)

      NRS 444.507  Management and disposal of waste tires: Permit required to operate facility; penalties for violation.

      1.  A person shall not operate a facility for the management of waste tires unless the operator:

      (a) Holds a permit to operate the facility for the management of waste tires issued by the district board of health or the Division of Environmental Protection of the State Department of Conservation and Natural Resources in accordance with the regulations adopted pursuant to NRS 444.505; and

      (b) Complies with the terms and conditions of the permit.

      2.  A person who violates the provisions of subsection 1 is guilty of a misdemeanor.

      3.  Each day or part of a day during which the violation is continued or repeated constitutes a separate offense.

      4.  Except as otherwise provided in NRS 445C.010 to 445C.120, inclusive:

      (a) A person convicted of violating subsection 1 is, in addition to any criminal penalty imposed, liable for a civil penalty upon each such conviction; and

      (b) A court before whom a defendant is convicted of a violation of subsection 1 shall, for each violation, order the defendant to pay a civil penalty of at least $500 but not more than $5,000.

      (Added to NRS by 2009, 1079)

      NRS 444.509  Management and disposal of waste tires: Unlawful to dispose of waste tire in solid waste landfill if permit issued for operation of facility in health district or county; exceptions.

      1.  Except as otherwise provided in subsection 2, in any health district created pursuant to NRS 439.362 or 439.370 and any area over which the district board of health has authority pursuant to an interlocal agreement or any county in which a permit for the operation of a facility for the management of waste tires has been issued pursuant to NRS 444.505, a person who willfully disposes of a waste tire generated in that health district or county in any municipal solid waste landfill in this State is guilty of a misdemeanor and, except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, shall be punished by a fine of not less than $100 per violation. Each waste tire disposed of in violation of the provisions of this section constitutes a separate violation.

      2.  The provisions of subsection 1 do not apply:

      (a) To a person who inadvertently or unintentionally disposes of a waste tire in a municipal solid waste landfill in violation of the provisions of subsection 1; or

      (b) If the unavailability of a facility for the management of waste tires makes disposal of a waste tire at a site other than a municipal solid waste landfill impracticable.

      (Added to NRS by 2009, 1080)

      NRS 444.510  Municipal solid waste management systems: Development, revision and approval of plans; cooperative agreements.

      1.  The governing body of every municipality or district board of health created pursuant to NRS 439.362 or 439.370 shall develop a plan to provide for a solid waste management system which adequately provides for the management and disposal of solid waste within the boundaries of the municipality or within the area to be served by the system, whether generated within or outside of the boundaries of the area.

      2.  The plan may include ordinances adopted pursuant to NRS 444.520 and 444.530.

      3.  Such a governing body may enter into agreements with governing bodies of other municipalities, or with any person, or with a combination thereof, to carry out or develop portions of the plan provided for in subsection 1, or both, and to provide a solid waste management system, or any part thereof.

      4.  Any plan developed by the governing body of a municipality or district board of health created pursuant to NRS 439.362 or 439.370 must be submitted to the State Department of Conservation and Natural Resources for approval according to a schedule established by the State Environmental Commission. No action may be taken by that governing body or district board of health until the plan has been approved. The Department shall determine the adequacy of the plan within 90 days after receiving the plan. If the Department does not respond to the plan within 90 days, the plan shall be deemed approved and becomes effective immediately.

      5.  An approved plan remains in effect until the plan is revised and the revised plan is approved. A plan must not conflict with the statewide plan adopted by the State Environmental Commission pursuant to NRS 444.570. Plans must be revised to reflect proposed changes in the solid waste management system, and changes in applicable regulations.

      (Added to NRS by 1971, 1178; A 1975, 1401; 1977, 1138; 1983, 1261; 1991, 2191; 1993, 14; 2005, 2468)

      NRS 444.520  Municipal solid waste management systems: Additional fees and charges; unpaid fees and charges constitute lien against property; lien not effective until notice given.

      1.  The governing body of any municipality which has an approved plan for the management of solid waste may, by ordinance, provide for the levy and collection of other or additional fees and charges and require such licenses as may be appropriate and necessary to meet the requirements of NRS 444.460 to 444.610, inclusive.

      2.  The fees authorized by this section are not subject to the limit on the maximum allowable revenue from fees established pursuant to NRS 354.5989.

      3.  Until paid, any fee or charge levied pursuant to subsection 1 constitutes a perpetual lien against the property served, superior to all liens, claims and titles other than liens for general taxes and special assessments. The lien is not extinguished by the sale of any property on account of nonpayment of any other lien, claim or title, except liens for general taxes and special assessments. The lien may be foreclosed in the same manner as provided for the foreclosure of mechanics’ liens.

      4.  A lien against the property served is not effective until a notice of the lien, separately prepared for each lot affected, is:

      (a) Mailed to the last known owner at the owner’s last known address according to the records of the county in which the property is located;

      (b) Delivered to the office of the county recorder of the county in which the property is located;

      (c) Recorded by the county recorder in a book kept for the purpose of recording instruments encumbering land; and

      (d) Indexed in the real estate index as deeds and other conveyances are required by law to be indexed.

      (Added to NRS by 1971, 1179; A 1991, 1672; 2005, 809)

      NRS 444.530  Municipal solid waste management systems: Regulations for operation.  The governing body of a municipality having a solid waste management system within its boundaries shall, by ordinance, establish regulations for the operation of such system. No such ordinance shall be in conflict with any regulation adopted by the State Environmental Commission.

      (Added to NRS by 1971, 1179; A 1975, 1401)

      NRS 444.540  Municipal solid waste management systems: Acceptance and use of grants or appropriations.  The governing body of a municipality may accept and disburse funds derived from grants from any person or appropriation from the general fund in the State Treasury for the installation and operation of a solid waste management system, or any part thereof.

      (Added to NRS by 1971, 1179)

      NRS 444.550  Municipal solid waste management systems: Authority to acquire land, machinery, equipment or facilities.

      1.  The governing body of any municipality may contract for the lease or purchase of land, facilities, vehicles, machinery or any other thing necessary to the installation or operation of a solid waste management system.

      2.  The authority provided for in subsection 1 may also be exercised in combination with another person or governing body of a municipality.

      (Added to NRS by 1971, 1179)

      NRS 444.553  Permits to operate disposal sites: Issuance; requirements.

      1.  The solid waste management authority shall, in accordance with the regulations of the State Environmental Commission adopted pursuant to NRS 444.560, issue permits to operate disposal sites.

      2.  A person shall not operate or authorize the operation of a disposal site unless the operator:

      (a) Holds a permit to operate the disposal site issued by the solid waste management authority; and

      (b) Complies with the terms and conditions of the permit.

      (Added to NRS by 1993, 12)

      NRS 444.555  Use of certain disposal sites established by municipality restricted; penalty.  A disposal site established by a municipality for which no person is employed to control access to and use of the site may be used only for the disposal of solid waste by:

      1.  The residents of the municipality; or

      2.  Tourists in the area for noncommercial reasons.

Ę Any person violating the provisions of this section is guilty of a misdemeanor.

      (Added to NRS by 1987, 1491)

      NRS 444.556  Municipal solid waste landfills: Permit required; conditions of permit; disclosure of records regarding application for permit; powers of solid waste management authority.

      1.  Before constructing or operating a municipal solid waste landfill, the owner or operator of the landfill shall obtain a permit issued by the solid waste management authority.

      2.  A permit for the construction or operation of a municipal solid waste landfill is subject to the general conditions of the Resource Conservation and Recovery Act of 1976, Subtitle D, 42 U.S.C. §§ 6941 et seq., and the regulations adopted pursuant thereto.

      3.  Any documents submitted in connection with an application for a permit, including any modifications requested by the solid waste management authority that require corrective action to the proposed construction or operation, are public records and must be made available for public comment. The final determinations made by the solid waste management authority on an application for a permit are public records.

      4.  A permit issued by a solid waste management authority must be conditioned upon all requirements that are necessary to ensure continuing compliance with:

      (a) The requirements of the Resource Conservation and Recovery Act of 1976, Subtitle D, 42 U.S.C. §§ 6941 et seq., and the regulations adopted pursuant thereto, which describe:

             (1) General standards for a municipal solid waste landfill;

             (2) Restrictions on the location of such a landfill;

             (3) Criteria for the operation of such a landfill;

             (4) Criteria for the design of such a landfill;

             (5) Requirements for monitoring groundwater and standards for corrective actions related thereto;

             (6) Standards of care related to the closure of such a landfill; and

             (7) Financial requirements for the owners or operators of such landfills;

      (b) The applicable regulations of the State Environmental Commission; and

      (c) The applicable laws of this State.

      5.  A solid waste management authority may:

      (a) Obtain, and the owner or operator of a municipal waste landfill shall deliver upon request, any information necessary to determine whether the owner or operator is or has been in compliance with the terms and conditions of the permit, the regulations of the State Environmental Commission, the applicable laws of this State and the provisions of the Resource Conservation and Recovery Act of 1976, Subtitle D, 42 U.S.C. §§ 6941 et seq., and the regulations adopted pursuant thereto;

      (b) Conduct monitoring or testing to ensure that the owner or operator is or has been in compliance with the terms and conditions of the permit; and

      (c) Enter any site or premises subject to the permit, during normal business hours, on which records relevant to the municipal solid waste landfill are kept in order to inspect those records.

      (Added to NRS by 1993, 11)

      NRS 444.557  Municipal solid waste landfills: Program to monitor compliance with permits, laws and regulations; allowance of intervention.

      1.  A solid waste management authority shall establish a program to monitor the compliance of a municipal solid waste landfill with the terms and conditions of the permit issued for that landfill, the regulations of the State Environmental Commission, the applicable laws of this state and the provisions of the Resource Conservation and Recovery Act of 1976, Subtitle D, 42 U.S.C. §§ 6941 et seq., and the regulations adopted pursuant thereto. The program must include procedures to:

      (a) Verify the accuracy of any information submitted by the owner or operator of the landfill to the authority;

      (b) Verify the adequacy of sampling procedures and analytical methods used by the owner or operator of the landfill; and

      (c) Require the owner or operator to produce all evidence which would be admissible in a proceeding to enforce compliance.

      2.  The solid waste management authority shall receive and give appropriate consideration to any information submitted by members of the public regarding the continuing compliance of an owner or operator with the permit issued by the authority.

      3.  In the administration of any permit issued by a solid waste management authority, the authority shall establish procedures that permit intervention pursuant to Rule 24 of the Nevada Rules of Civil Procedure. The authority shall not oppose intervention on the ground that the applicant’s interest is adequately represented by the authority.

      (Added to NRS by 1993, 12)

      NRS 444.558  Municipal solid waste landfills: Regulations for program of issuing permits.

      1.  The State Environmental Commission and the district board of health of a health district created pursuant to NRS 439.362 or 439.370 shall, in a timely manner, adopt all regulations that are necessary to establish and carry out a program of issuing permits for municipal solid waste landfills. The program must ensure compliance with the Resource Conservation and Recovery Act of 1976, Subtitle D, 42 U.S.C. §§ 6941 et seq., and the regulations adopted pursuant thereto, and carry out the purpose and intent of this section.

      2.  The regulations adopted by a district board of health pursuant to this section must not conflict with regulations adopted by the State Environmental Commission.

      (Added to NRS by 1993, 11; A 2005, 2468)

      NRS 444.560  Regulations of State Environmental Commission: Adoption; fees; violation prohibited after reasonable time.

      1.  The State Environmental Commission shall adopt regulations concerning solid waste management systems, or any part thereof, including regulations establishing standards for the issuance, renewal, modification, suspension, revocation and denial of, and for the imposition of terms and conditions for, a permit to construct or operate a disposal site.

      2.  The State Environmental Commission may establish a schedule of fees for the disposal of solid waste in areas subject to the jurisdiction of the State Department of Conservation and Natural Resources in accordance with NRS 444.495 or for the issuance of permits or other approvals by the Department for the operation of solid waste management facilities. The Department may use the money collected under the schedule to defray the cost of managing and regulating solid waste.

      3.  Notice of the intention to adopt and the adoption of any regulation or schedule of fees must be given to the clerk of the governing board of all municipalities in this State.

      4.  Within a reasonable time, as fixed by the State Environmental Commission, after the adoption of any regulation, no governing board of a municipality or person may operate or permit an operation in violation of the regulation.

      (Added to NRS by 1971, 1179; A 1975, 1401; 1977, 68; 1983, 1261; 1993, 15; 2005, 1498)

      NRS 444.570  Duties of State Department of Conservation and Natural Resources and State Environmental Commission; inspections.

      1.  The State Department of Conservation and Natural Resources shall:

      (a) Advise, consult and cooperate with other agencies and commissions of the State, other states, the Federal Government, municipalities and persons in the formulation of plans for and the establishment of any solid waste management system.

      (b) Accept and administer loans and grants from any person that may be available for the planning, construction and operation of solid waste management systems.

      (c) Enforce the provisions of NRS 444.440 to 444.560, inclusive, and any regulation adopted by the State Environmental Commission pursuant thereto.

      (d) Periodically review the programs of other solid waste management authorities in the State for issuing permits pursuant to NRS 444.505, 444.553 and 444.556 and ensuring compliance with the terms and conditions of such permits, the regulations of the State Environmental Commission, the laws of this State and the provisions of the Resource Conservation and Recovery Act of 1976, 42 U.S.C. §§ 6941 et seq., and the regulations adopted pursuant thereto. The Director of the State Department of Conservation and Natural Resources shall review the adequacy of such programs in accordance with the standards adopted by the United States Environmental Protection Agency to review the adequacy of the state program. If the Director determines that a program is inadequate, the Department shall act as the solid waste management authority until the deficiency is corrected. A finding by the Director that a program is inadequate is not final until reviewed by the State Environmental Commission. This paragraph does not limit the authority or responsibility of a district board of health to issue permits for disposal sites and enforce the laws of this State regarding solid waste management systems.

      (e) Make such investigations and inspections and conduct such monitoring and testing as may be necessary to require compliance with NRS 444.450 to 444.560, inclusive, and any regulation adopted by the State Environmental Commission.

      2.  The State Environmental Commission shall:

      (a) In cooperation with governing bodies of municipalities, develop a statewide solid waste management system plan, and review and revise the plan every 5 years.

      (b) Examine and approve or disapprove plans for solid waste management systems.

      (c) Review any determination by the Director of the State Department of Conservation and Natural Resources that a program for issuing permits administered by a solid waste management authority is inadequate. The Commission may affirm, modify or reverse the findings of the Director.

      3.  Employees of the State Department of Conservation and Natural Resources or its authorized representatives may, during the normal hours of operation of a facility subject to the provisions of NRS 444.440 to 444.620, inclusive, enter and inspect areas of the facility where:

      (a) Solid waste may have been generated, stored, transported, treated or disposed; or

      (b) Records are kept, and may inspect and copy any records, reports, information or test results relating to the management of the solid waste.

      (Added to NRS by 1971, 1179; A 1973, 1406; 1975, 1402; 1977, 1139; 1993, 15; 2005, 1499; 2009, 1080)

      NRS 444.580  Authority of district board of health or municipality to adopt regulations and issue permits.

      1.  Any district board of health created pursuant to NRS 439.362 or 439.370 and any governing body of a municipality may adopt standards and regulations for the location, design, construction, operation and maintenance of solid waste disposal sites and solid waste management systems or any part thereof more restrictive than those adopted by the State Environmental Commission, and any district board of health may issue permits thereunder.

      2.  Any district board of health created pursuant to NRS 439.362 or 439.370 may adopt such other regulations as are necessary to carry out the provisions of NRS 444.440 to 444.620, inclusive. Such regulations must not conflict with regulations adopted by the State Environmental Commission.

      (Added to NRS by 1971, 1180; A 1975, 1402; 1993, 16; 2005, 2469; 2009, 1081)

      NRS 444.583  Unlawful disposal of motor vehicle battery, motor vehicle tire or motor oil; penalty; plan for appropriate disposal; exemption.

      1.  Except as otherwise provided in subsection 5 and NRS 444.509, it is unlawful willfully to:

      (a) Dispose of, abandon or dump a motor vehicle battery, motor vehicle tire or motor oil at any site which has not been issued a permit for that purpose by the solid waste management authority;

      (b) Dispose of, abandon or dump a motor vehicle battery, motor vehicle tire or motor oil at a sanitary landfill or other disposal site established by a municipality which has not been issued a permit for that purpose by the solid waste management authority; or

      (c) Incinerate a motor vehicle battery or motor vehicle tire as a means of ultimate disposal, unless the incineration is approved by the solid waste management authority for the recovery of energy or other appropriate use.

      2.  A person who violates the provisions of subsection 1 is guilty of a misdemeanor and except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, shall be punished by a fine of not less than $100 per violation.

      3.  The State Department of Conservation and Natural Resources shall establish a plan for the appropriate disposal of used or waste motor vehicle batteries, motor vehicle tires and motor oil. The plan must include the issuance of permits to approved sites or facilities for the disposal of those items by the public. The plan may include education of the public regarding the necessity of disposing of these items properly and recycling them.

      4.  The State Department of Conservation and Natural Resources shall encourage the voluntary establishment of authorized sites which are open to the public for the deposit of used or waste motor vehicle batteries, motor vehicle tires and motor oil.

      5.  The provisions of subsections 1 and 2 do not apply to the disposal of used or waste motor vehicle batteries or motor vehicle tires if the unavailability of a site that has been issued a permit by the solid waste management authority makes disposal at such a site impracticable. The provisions of this subsection do not exempt a person from any other regulation of the solid waste management authority concerning the disposal of used or waste motor vehicle batteries or motor vehicle tires.

      (Added to NRS by 1991, 1671; A 1997, 1078; 2005, 1500; 2009, 1082)

      NRS 444.585  Ownership of recyclable materials; unauthorized collection of recyclable materials prohibited; penalty; civil remedy.

      1.  From the time recyclable materials are placed in a container provided by a private recycling business or the person designated by the county or other municipality to collect recyclable materials:

      (a) At curbside for collection; or

      (b) At any other appropriate site designated for collection,

Ę the recyclable materials are the property of the private recycling business or person designated by the county or other municipality to collect them, as appropriate.

      2.  Any person engaged in the unauthorized collection of recyclable materials is guilty of a misdemeanor. Each such unauthorized collection constitutes a separate and distinct offense.

      3.  As an alternative to the criminal penalty set forth in subsection 2, the county or other municipality, the private recycling business and the person designated to collect the recyclable materials may independently enforce the provisions of this section in a civil action. Except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, a person who engages in the unauthorized collection of recyclable materials is liable to the private recycling business or the person designated to make such collections, as appropriate, for three times the damages caused by the unauthorized collection.

      (Added to NRS by 1991, 1671; A 1997, 1079)

      NRS 444.590  Designation of State Department of Conservation and Natural Resources as state agency for participation in federal program; extent of authority.

      1.  The State Department of Conservation and Natural Resources is hereby designated the state agency for such purposes as are required by the Resource Conservation and Recovery Act of 1976, 42 U.S.C. §§ 6941 et seq., except that:

      (a) The State Environmental Commission has the exclusive authority to adopt regulations pursuant to NRS 444.440 to 444.620, inclusive; and

      (b) The district boards of health of health districts created pursuant to NRS 439.362 or 439.370 retain the authority to issue permits and adopt regulations pursuant to NRS 444.580.

      2.  The State Department of Conservation and Natural Resources may take any action necessary and appropriate to secure the benefits of any federal law relating to solid waste.

      (Added to NRS by 1971, 1180; A 1975, 1402; 1977, 1139; 1993, 17; 2005, 2469)

      NRS 444.592  Solid waste management authority: Powers of protection and enforcement.  If the solid waste management authority receives information that the handling, storage, recycling, transportation, treatment or disposal of any solid waste presents or may present a threat to human health, public safety or the environment, or is in violation of a term or condition of a permit issued pursuant to NRS 444.505, 444.553 or 444.556, a statute, a regulation or an order issued pursuant to NRS 444.594, the authority may, in addition to any other remedy provided in NRS 444.440 to 444.620, inclusive:

      1.  Issue an order directing the owner or operator of the disposal site or any other site where the handling, storage, recycling, transportation, treatment or disposal has occurred or may occur, or any other person who has custody of the solid waste, to take such steps as are necessary to prevent the act or eliminate the practice which constitutes the threat or violation.

      2.  Commence an action in a court of competent jurisdiction to enjoin the act or practice which constitutes the threat or violation in accordance with the provisions of NRS 444.600.

      3.  Take any other action designed to reduce or eliminate the threat or violation.

      (Added to NRS by 1993, 12; A 2005, 1500; 2009, 1082)

      NRS 444.594  Solid waste management authority: Contents of orders for protection or enforcement.

      1.  An order issued by a solid waste management authority must:

      (a) Specify the term or condition of a permit issued pursuant to NRS 444.505, 444.553 or 444.556, or the statute or regulation, which is alleged to have been violated or which is about to be violated, or the threat to human health, public safety or the environment;

      (b) Set forth the facts alleged to constitute the violation or threat; and

      (c) Prescribe any corrective action which must be taken and a reasonable time within which it must be taken.

      2.  The order may require the person to whom the order is directed to appear before the solid waste management authority, its authorized representative or a hearing officer appointed by the authority, to show cause why an action should not be commenced against the person in a court of competent jurisdiction requesting appropriate relief.

      (Added to NRS by 1993, 13; A 2009, 1083)

      NRS 444.596  Solid waste management authority: Recovery of civil penalties for violations.  The solid waste management authority may bring an action in a court of competent jurisdiction to recover from a person or municipality which violates any statute or regulation, any term or condition of a permit issued pursuant to NRS 444.505, 444.553 or 444.556, or any order issued pursuant to NRS 444.592, a civil penalty of not more than $5,000 for each day on which the violation occurs. This penalty is in addition to any other penalty provided in NRS 444.440 to 444.620, inclusive.

      (Added to NRS by 1993, 13; A 1993, 1421; 2009, 1083)

      NRS 444.598  Solid waste management authority: Recovery of damages resulting from violations.  The solid waste management authority may bring an action in a court of competent jurisdiction to recover actual damages which result from a violation of a statute or regulation, any term or condition of a permit issued pursuant to NRS 444.505, 444.553 or 444.556, or any order issued pursuant to NRS 444.592. The damages may include expenses incurred by the authority in testing for and removing, correcting or terminating any adverse effects which resulted from the violation and costs and attorney’s fees, including those incurred in administrative proceedings. This remedy is in addition to any other remedy provided in NRS 444.440 to 444.620, inclusive.

      (Added to NRS by 1993, 13; A 1993, 1421; 2009, 1083)

      NRS 444.600  Injunctive relief.  In addition to any other remedies provided in NRS 444.450 to 444.590, inclusive, the State Department of Conservation and Natural Resources or a solid waste management authority may bring an action in a court of competent jurisdiction to enjoin a violation of NRS 444.450 to 444.560, inclusive, any term or condition of a permit issued pursuant to NRS 444.505, 444.553 or 444.556, any order issued pursuant to NRS 444.592, or any regulation adopted by the State Environmental Commission or solid waste management authority.

      (Added to NRS by 1971, 1180; A 1975, 1402; 1977, 1139; 1993, 17; 2009, 1083)

      NRS 444.605  Issuance and enforcement of subpoenas.

      1.  In carrying out the provisions of NRS 444.440 to 444.620, inclusive, the State Environmental Commission, a district board of health of a health district created pursuant to NRS 439.362 or 439.370, and a solid waste management authority may by subpoena require the attendance and testimony of witnesses and the production of reports, papers, documents and other evidence which they deem necessary.

      2.  If any person to whom a subpoena has been directed pursuant to subsection 1 refuses to attend, testify or produce any evidence specified in the subpoena, the person who issued the subpoena may present a petition, to a court of competent jurisdiction where the person to whom the subpoena was directed is subject to service of process, setting forth that:

      (a) Notice has been given of the time and place at which the person was required to attend, testify or produce evidence;

      (b) A subpoena has been mailed to or personally served on the witness or custodian of the evidence in sufficient time to enable the person to comply with its provisions; and

      (c) The person has failed or refused to attend, answer questions or produce evidence specified in the subpoena,

Ę and asking that the court issue an order compelling the person to attend and to testify or produce the evidence specified in the subpoena.

      3.  When a court receives a petition pursuant to subsection 2, it shall order the person to whom the subpoena was directed to appear at a time and place fixed by the court in its order, which must be not more than 10 days after the date of the order, and show cause why the person should not be held in contempt. A certified copy of the order must be mailed to or personally served on the person to whom the subpoena was directed.

      4.  If it appears to the court that the subpoena was properly issued and that the person’s failure or refusal to appear, answer questions or produce evidence was without sufficient reason, the court shall order the person to appear at a time and place fixed by the court and to testify or produce the specified evidence. If the person fails to comply with the order of the court, the person may be punished as for a contempt of court.

      (Added to NRS by 1993, 13; A 2005, 2469; 2009, 1083)

      NRS 444.610  Unlawful acts; penalties.

      1.  Any person who violates any regulation adopted by the State Environmental Commission or any ordinance or resolution adopted by the governing body of a municipality or district board of health is guilty of a misdemeanor.

      2.  Each day or part of a day during which such violation is continued or repeated constitutes a separate offense.

      3.  Except as otherwise provided in NRS 445C.010 to 445C.120, inclusive:

      (a) A person convicted of violating subsection 1 is, in addition to any criminal penalty imposed, liable for a civil penalty upon each such conviction; and

      (b) A court, before whom a defendant is convicted of a violation of subsection 1, shall for each violation order the defendant to pay a civil penalty which is at least $500 but not more than $5,000.

      (Added to NRS by 1971, 1180; A 1975, 1402; 2001, 1234)

      NRS 444.615  Solid Waste Management Account: Creation; deposits.  Any money received by the solid waste management authority pursuant to NRS 444.596 or 444.598 must be deposited with the State Treasurer for credit to the Solid Waste Management Account, which is hereby created in the State General Fund.

      (Added to NRS by 1993, 13)

      NRS 444.616  Solid Waste Management Account: Distribution and use.

      1.  The State Controller shall allocate and remit, on a quarterly basis, the money in the Solid Waste Management Account as follows:

      (a) To the Department of Taxation, 0.5 percent.

      (b) To the State Department of Conservation and Natural Resources, 44.5 percent.

      (c) To the district board of health of the health district which has the largest population in this State, 30 percent.

      (d) To the district board of health of the health district which has the second largest population in this State, 25 percent.

Ę If more than two health districts are created within this State, the State Department of Conservation and Natural Resources shall transfer to the district boards of health of those additional districts an amount determined by the Department to be necessary to carry out the health district’s duties pursuant to NRS 444.440 to 444.620, inclusive. If less than two health districts are created within this State, the amount otherwise allocated to a health district must be allocated to the State Department of Conservation and Natural Resources.

      2.  The money allocated pursuant to subsection 1 to the State Department of Conservation and Natural Resources and the district boards of health must be used for solid waste management in accordance with NRS 444.440 to 444.620, inclusive.

      3.  The State Department of Conservation and Natural Resources shall transfer to the Division of Environmental Protection of that Department a portion of the money it receives pursuant to this section it deems necessary for use in educating the public concerning the objectives and functioning of the State’s plan for solid waste management and the purposes set forth in NRS 444A.110.

      (Added to NRS by 1993, 10; A 1995, 649; 2007, 3013)

      NRS 444.620  Applicability of plans and provisions.

      1.  No plan for a solid waste management system adopted pursuant to NRS 444.440 to 444.620, inclusive, applies to any agricultural activity or agricultural waste.

      2.  No provision of NRS 444.440 to 444.620, inclusive, prevents a mining operation from dumping waste from its operation on its own lands.

      (Added to NRS by 1971, 1180; A 1981, 858; 1993, 17)

UNLAWFUL DISPOSAL OF SOLID WASTE OR SEWAGE

      NRS 444.621  Definitions.  As used in NRS 444.621 to 444.645, inclusive, unless the context otherwise requires, the words and terms defined in NRS 444.623, 444.625 and 444.627 have the meanings ascribed to them in those sections.

      (Added to NRS by 2001, 1233)

      NRS 444.623  “Dump site” defined.  “Dump site” means a location at which solid waste is disposed of unlawfully.

      (Added to NRS by 2001, 1233)

      NRS 444.625  “Solid waste” defined.  “Solid waste” has the meaning ascribed to it in NRS 444.490.

      (Added to NRS by 2001, 1233)

      NRS 444.627  “Solid waste management authority” defined.  “Solid waste management authority” has the meaning ascribed to it in NRS 444.495.

      (Added to NRS by 2001, 1233)

      NRS 444.629  Program for control of unlawful dumping: Establishment; administration; required elements; delegation of certain powers from solid waste management authority to hearing officer or board.

      1.  The solid waste management authority in each county may establish a program for the control of unlawful dumping and administer the program within its jurisdiction unless superseded.

      2.  The program established pursuant to subsection 1 must:

      (a) Include standards and procedures for the control of unlawful dumping which are equivalent to or stricter than those established by statute or state regulation; and

      (b) Provide for adequate administration and enforcement.

      3.  The solid waste management authority may delegate to an independent hearing officer or hearing board the authority to determine violations and levy administrative penalties for violations of the provisions of NRS 444.440 to 444.645, inclusive, or any regulation adopted pursuant to those sections.

      (Added to NRS by 2001, 1233; A 2009, 408, 1084)

      NRS 444.630  Prohibited acts; criminal penalty; clean up of dump site; community service; timing of commencement of clean up; proof of lawful disposal; revocation of business license; identification of violator; persons required to enforce provisions; issuance of citation; request for and provision of information.

      1.  A person who places, deposits or dumps, or who causes to be placed, deposited or dumped, or who causes or allows to overflow, any sewage, sludge, cesspool or septic tank effluent, or accumulation of human excreta, or any solid waste, in or upon any street, alley, public highway or road in common use, or upon any public park or other public property other than property designated or set aside for such a purpose by the governing body having charge thereof, or upon any private property, is guilty of:

      (a) Except as otherwise provided in paragraph (c), for a first offense within the immediately preceding 2 years, a misdemeanor.

      (b) Except as otherwise provided in paragraph (c), for a second offense within the immediately preceding 2 years, a gross misdemeanor and shall be punished by imprisonment in the county jail for not less than 14 days but not more than 364 days.

      (c) Except as otherwise provided in this paragraph, for a third or subsequent offense within the immediately preceding 2 years, a gross misdemeanor and shall be punished by imprisonment in the county jail for 364 days. If, within the immediately preceding 4 years, a person commits three or more offenses that involve placing, depositing or dumping, or causing to be placed, deposited or dumped, any cesspool or septic tank effluent or solid waste, the person is guilty of a gross misdemeanor and shall be punished by imprisonment in the county jail for 1 year.

      2.  For the purposes of subsection 1, an offense that occurred within 2 or 4 years, as applicable, immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense when evidenced by a conviction, without regard to the sequence of the offenses and convictions.

      3.  In addition to any criminal penalty imposed pursuant to subsection 1, any civil penalty imposed pursuant to NRS 444.635 and any administrative penalty imposed pursuant to NRS 444.629, a court shall sentence a person convicted of violating subsection 1:

      (a) If the person is a natural person, to clean up the dump site and perform 10 hours of community service under the conditions prescribed in NRS 176.087.

      (b) If the person is a business entity:

             (1) Except as otherwise provided in subparagraph (2), for a first or second offense within the immediately preceding 2 years, to:

                   (I) Clean up the dump site; and

                   (II) Perform 40 hours of community service cleaning up other dump sites identified by the solid waste management authority.

             (2) For a third or subsequent offense within the immediately preceding 2 or 4 years, as applicable pursuant to paragraph (c) of subsection 1, to:

                   (I) Clean up the dump site; and

                   (II) Perform 200 hours of community service cleaning up other dump sites identified by the solid waste management authority.

      4.  If a person is sentenced to clean up a dump site pursuant to subsection 3, the person shall:

      (a) Within 3 calendar days after sentencing, commence cleaning up the dump site; and

      (b) Within 5 business days after cleaning up the dump site, provide to the solid waste management authority proof of the lawful disposal of the sewage, solid waste or other matter that the person was convicted of disposing of unlawfully.

Ę The solid waste management authority shall prescribe the forms of proof which may be provided to satisfy the provisions of paragraph (b).

      5.  In addition to any other penalty prescribed by law, if a business entity is convicted of violating subsection 1:

      (a) Such violation constitutes reasonable grounds for the revocation of any license to engage in business that has been issued to the business entity by any governmental entity of this State; and

      (b) The solid waste management authority may seek the revocation of such a license by way of any applicable procedures established by the governmental entity that issued the license.

      6.  Except as otherwise provided in NRS 444.585, ownership of solid waste does not transfer from the person who originally possessed it until it is received for transport by a person authorized to dispose of solid waste pursuant to this chapter or until it is disposed of at a municipal disposal site. Identification of the owner of any solid waste which is disposed of in violation of subsection 1 creates a reasonable inference that the owner is the person who disposed of the solid waste. The fact that the disposal of the solid waste was not witnessed does not, in and of itself, preclude the identification of its owner.

      7.  All:

      (a) Health officers and their deputies;

      (b) Game wardens;

      (c) Police officers of cities and towns;

      (d) Sheriffs and their deputies;

      (e) Other peace officers of the State of Nevada; and

      (f) Other persons who are specifically designated by the local government to do so,

Ę shall, within their respective jurisdictions, enforce the provisions of this section.

      8.  A district health officer or a deputy of the district health officer or other person specifically designated by the local government to do so may issue a citation for any violation of this section which occurs within the jurisdiction of the district health officer.

      9.  To effectuate the purposes of this section, the persons charged with enforcing this section may request information from any:

      (a) Agency of the State or its political subdivisions.

      (b) Employer, public or private.

      (c) Employee organization or trust of any kind.

      (d) Financial institution or other entity which is in the business of providing credit reports.

      (e) Public utility.

Ę Each of these persons and entities, their officers and employees, shall cooperate by providing any information in their possession which may aid in the location and identification of a person believed to be in violation of subsection 1. A disclosure made in good faith pursuant to this subsection does not give rise to any action for damages for the disclosure.

      [1:83:1953] + [2:83:1953]—(NRS A 1957, 262; 1967, 580; 1969, 126; 1981, 858; 1983, 856; 1989, 484; 1991, 1672; 1993, 814; 2001, 1235, 1920; 2001 Special Session, 141; 2003, 111, 113; 2013, 985, 1220)

      NRS 444.635  Civil penalties: Liability upon each conviction; increase of penalty for subsequent conviction; payment in installments; collection; disposition and use of money collected.

      1.  Except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, a person convicted of violating NRS 444.555 and, in addition to the penalty imposed pursuant to NRS 444.509, 444.583 or 444.630, any person convicted of violating NRS 444.509, 444.583 or 444.630 is liable for a civil penalty upon each such conviction.

      2.  Except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, a court before whom a defendant is convicted of a violation of the provisions of NRS 444.509, 444.555, 444.583 or 444.630, shall order the defendant:

      (a) For a first offense, to pay a civil penalty which is at least $500 but not more than $5,000.

      (b) For a second offense, to pay a civil penalty which is at least $1,000 but not more than $5,500.

      (c) For a third offense, to pay a civil penalty which is at least $1,500 but not more than $6,000.

      (d) For any subsequent offense, to pay a civil penalty which is at least $500 more than the most recent previous civil penalty that the defendant was ordered to pay pursuant to this subsection.

      3.  If so provided by the court, a penalty imposed pursuant to this section may be paid in installments.

      4.  The solid waste management authority may attempt to collect all such penalties and installments which are in default in any manner provided by law for the enforcement of a judgment.

      5.  Except as otherwise provided in this subsection, each court which receives money pursuant to the provisions of this section shall forthwith remit the money to the Division of Environmental Protection of the State Department of Conservation and Natural Resources, which shall deposit the money with the State Treasurer for credit in a separate account in the State General Fund. If the health authority initiated the action or, if any other person authorized to enforce NRS 444.630 initiated the action and the money collected was for a violation of NRS 444.630, the court shall remit the money to the district health department which shall deposit the money with the county treasurer for deposit in an account for the district health department. Money deposited pursuant to this subsection must be:

      (a) Used only to pay:

             (1) Rewards pursuant to NRS 444.640;

             (2) For education regarding the unlawful disposal of solid waste;

             (3) For the cleaning up of dump sites; and

             (4) For the management of solid waste; and

      (b) Paid as other claims against the state or local governments are paid.

      (Added to NRS by 1987, 1490; A 1991, 1673; 1997, 1079; 2001, 1237; 2001 Special Session, 162; 2009, 408, 1084)

      NRS 444.637  Performance of certain functions by nonprofit organization.  A solid waste management authority may authorize a nonprofit organization to:

      1.  Organize the cleaning up of dump sites;

      2.  Provide educational materials and programs regarding unlawful dumping; and

      3.  Operate and pay the costs of programs of community service relating to the cleaning up of dump sites.

      (Added to NRS by 2001, 1234)

      NRS 444.639  Issuance and enforcement of subpoenas.

      1.  In carrying out the provisions of NRS 444.621 to 444.645, inclusive, a district health officer may by subpoena require the attendance and testimony of witnesses and the production of reports, papers, documents and other evidence which they deem necessary.

      2.  If any person to whom a subpoena has been directed pursuant to subsection 1 refuses to attend, testify or produce any evidence specified in the subpoena, the person who issued the subpoena may present a petition, to a court of competent jurisdiction where the person to whom the subpoena was directed is subject to service of process, setting forth that:

      (a) Notice has been given of the time and place at which the person was required to attend, testify or produce evidence;

      (b) A subpoena has been mailed to or personally served on the witness or custodian of the evidence in sufficient time to enable him or her to comply with its provisions; and

      (c) The person has failed or refused to attend, answer questions or produce evidence specified in the subpoena,

Ę and asking that the court issue an order compelling the person to attend and to testify or produce the evidence specified in the subpoena.

      3.  When a court receives a petition pursuant to subsection 2, it shall order the person to whom the subpoena was directed to appear at a time and place fixed by the court in its order, which must be not more than 10 days after the date of the order, and show cause why the person should not be held in contempt. A certified copy of the order must be mailed to or personally served on the person to whom the subpoena was directed.

      4.  If it appears to the court that the subpoena was properly issued and that the person’s failure or refusal to appear, answer questions or produce evidence was without sufficient reason, the court shall order the person to appear at a time and place fixed by the court and to testify or produce the specified evidence. If the person fails to comply with the order of the court, the person may be punished as for a contempt of court.

      (Added to NRS by 2001, 1234)

      NRS 444.640  Reward for information leading to arrest and conviction of violator; regulations.

      1.  The solid waste management authority shall offer a reward of $100 for information leading to the arrest and conviction of any person violating NRS 444.555 or 444.630. The reward must be paid upon the conviction of the person and the payment in full of the penalty. The reward must be distributed equally among the persons who supplied the information which led to the arrest and conviction.

      2.  The State Environmental Commission or district board of health may adopt regulations necessary to carry out the provisions of this section.

      (Added to NRS by 1987, 1491; A 2001, 1237)

      NRS 444.645  Notice of provision of NRS 444.555 or 444.630 to be posted; offer of reward.

      1.  The Division of Environmental Protection of the State Department of Conservation and Natural Resources, and the district health officer in his or her district or the board of county commissioners in a county without a district health officer shall post notices of the provisions of NRS 444.555 or 444.630, whichever is appropriate.

      2.  The notice must also contain an offer of a reward for information leading to the arrest and conviction of any person violating NRS 444.555 or 444.630.

      (Added to NRS by 1987, 1491)

DISPOSAL OF SEWAGE

      NRS 444.650  Regulations to control use of residential individual system.

      1.  The State Board of Health shall adopt regulations to control the use of a residential individual system for disposal of sewage in this State. Those regulations are effective except in health districts in which a district board of health has adopted regulations to control the use of a residential individual system for disposal of sewage in that district.

      2.  A board which adopts such regulations shall consider and take into account the geological, hydrological and topographical characteristics of the area within its jurisdiction.

      3.  The regulations adopted pursuant to this section must not conflict with the provisions of NRS 445A.300 to 445A.730, inclusive, and any regulations adopted pursuant to those provisions.

      4.  As used in this section, “residential individual system for disposal of sewage” means an individual system for disposal of sewage from a parcel of land, including all structures thereon, that is zoned for single-family residential use.

      (Added to NRS by 1981, 1183; A 1983, 328; 2005, 550)