[Rev. 6/29/2024 4:07:44 PM--2023]
GENERAL PROVISIONS
NRS 445A.010 State and political subdivisions to comply with laws, regulations and ordinances governing alteration of condition of land or vegetation.
NRS 445A.015 Furnishing impure water for public use unlawful; concentration of fluoride in water.
CONCENTRATION OF FLUORIDE IN WATER
NRS 445A.020 “Public water system” defined.
NRS 445A.025 Proposal to adjust concentration of fluoride in water: Receipt by governing body of county, city or town; notice to county clerk.
NRS 445A.030 Publication of proposal; submission to registered voters.
NRS 445A.035 Proposal to be voted on at next general election.
NRS 445A.040 Certification of votes for and against proposal; results to be sent to supplier of water or Secretary of State.
NRS 445A.045 Adjustment of concentration of fluoride in water by supplier of water if proposal approved by voters.
NRS 445A.050 Exemptions.
NRS 445A.055 Regulation of fluoridation in county whose population is 700,000 or more; financial support for enforcement; payment of initial costs for compliance.
ACCOUNT TO FINANCE THE CONSTRUCTION OF TREATMENT WORKS AND THE IMPLEMENTATION OF POLLUTION CONTROL PROJECTS
NRS 445A.060 Legislative findings and declarations.
NRS 445A.065 Definitions.
NRS 445A.070 “Account” defined.
NRS 445A.072 “Administrator” defined.
NRS 445A.075 “Commission” defined.
NRS 445A.080 “Construction” defined.
NRS 445A.085 “Department” defined. [Repealed.]
NRS 445A.090 “Director” defined. [Repealed.]
NRS 445A.093 “Division” defined.
NRS 445A.096 “Eligible recipient” defined.
NRS 445A.100 “Interstate agency” defined.
NRS 445A.105 “Municipality” defined.
NRS 445A.110 “Pollution control project” defined.
NRS 445A.115 “Treatment works” defined.
NRS 445A.120 Creation and purpose; payment of claims; faith of State pledged.
NRS 445A.125 Interest and income; deposits; acceptance of gifts, grants and bequests.
NRS 445A.130 Powers and duties of Division.
NRS 445A.135 Regulations of Commission.
NRS 445A.140 Limitations on use of money; compliance with federal law.
NRS 445A.145 Administration: Limitations on expenditures; imposition and collection of fees to defray costs.
NRS 445A.150 Employment of expert services.
NRS 445A.155 Issuance of bonds to support Account.
NRS 445A.160 Environmental review: Regulations; preparation and review of environmental assessments.
PROTECTION OF LAKE TAHOE AND ITS WATERSHED
NRS 445A.170 Permit or written permission required from State Department of Conservation and Natural Resources.
NRS 445A.175 Discharge of waste prohibited; issuance of permit subject to provision of sewerage.
NRS 445A.180 Adoption of regulations by State Environmental Commission; powers of State Department of Conservation and Natural Resources.
NRS 445A.185 Construction of NRS 445A.170 to 445A.190, inclusive.
NRS 445A.190 Penalties.
ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS
NRS 445A.200 Definitions.
NRS 445A.203 “Account for the Revolving Fund” defined.
NRS 445A.205 “Account for Set-Aside Programs” defined.
NRS 445A.207 “Administrator” defined.
NRS 445A.210 “Commission” defined.
NRS 445A.215 “Construction” defined.
NRS 445A.220 “Division” defined.
NRS 445A.225 “Federal grant” defined.
NRS 445A.230 “Project” defined.
NRS 445A.235 “Public water system” defined.
NRS 445A.240 “Safe Drinking Water Act” defined.
NRS 445A.245 “Small water system” defined.
NRS 445A.250 “State securities” defined.
NRS 445A.255 Creation and purpose; payment of claims; faith of State pledged.
NRS 445A.260 Interest and income; deposits; acceptance of gifts, appropriations, contributions, grants and bequests; use of money to benefit public water systems limited.
NRS 445A.265 Powers and duties of Division; limitations.
NRS 445A.270 Regulations of Commission.
NRS 445A.275 Use of money in compliance with federal law; requirements for assistance to public water system; regulations.
NRS 445A.280 Administration: Limitations on expenditures; imposition and collection of fees to defray costs.
NRS 445A.285 Employment of expert services.
NRS 445A.290 Legislative findings and declarations; issuance of securities.
NRS 445A.295 Environmental review: Regulations; preparation and review of environmental assessments.
WATER POLLUTION CONTROL
NRS 445A.300 Short title.
NRS 445A.305 Legislative declaration.
NRS 445A.310 Definitions.
NRS 445A.315 “Administrator” defined.
NRS 445A.320 “Commission” defined.
NRS 445A.325 “Contaminant” defined.
NRS 445A.330 “Department” defined.
NRS 445A.335 “Diffuse source” defined.
NRS 445A.340 “Director” defined.
NRS 445A.345 “Discharge” defined.
NRS 445A.350 “Division” defined.
NRS 445A.355 “Effluent limitation” defined.
NRS 445A.360 “General permit” defined.
NRS 445A.363 “Hazardous waste” defined.
NRS 445A.365 “Individual permit” defined.
NRS 445A.370 “Interstate agency” defined.
NRS 445A.375 “Municipality” defined.
NRS 445A.380 “Package plant for sewage treatment” defined.
NRS 445A.385 “Permit” defined.
NRS 445A.390 “Person” defined.
NRS 445A.395 “Point source” defined.
NRS 445A.400 “Pollutant” defined.
NRS 445A.405 “Pollution” defined.
NRS 445A.410 “Treatment works” defined.
NRS 445A.415 “Waters of the State” defined.
NRS 445A.420 “Water quality standard” defined.
NRS 445A.425 Powers and duties of Commission; regulations.
NRS 445A.427 Analysis to detect hazardous waste or regulated substance to be performed by certified laboratory; exception.
NRS 445A.428 Commission to provide standards for certification of laboratories for analysis of water; certified laboratory required to perform certain analyses; evaluation.
NRS 445A.430 Fees: Establishment by Commission; disposition.
NRS 445A.435 Publication of notice of hearing on regulation which provides standard of water quality or discharge of waste.
NRS 445A.440 Department designated as State Water Pollution Control Agency.
NRS 445A.445 Duties of Director.
NRS 445A.450 Powers of Director.
NRS 445A.455 Disqualification of Director; exception.
NRS 445A.460 Administrator: Qualifications; disqualification; exception.
NRS 445A.465 Injection of fluids through well or discharge of pollutant without permit prohibited; regulations.
NRS 445A.470 Restrictions on regulation concerning injection of fluid through well or permit issued for injections.
NRS 445A.475 Permits: Issuance of general permits.
NRS 445A.480 Permits: Authority of Department to require individual permit.
NRS 445A.485 Permits: Issuance of temporary permits.
NRS 445A.490 Permits: Issuance prohibited in certain cases.
NRS 445A.495 Permits: Term; renewal.
NRS 445A.500 Permits: Conditions; notice of application.
NRS 445A.505 Permits: Notification and provision of information by holder of permit of new or increased discharges or infiltration of contaminants to underground water; reapplication.
NRS 445A.510 Permits: Collection of fee.
NRS 445A.515 Compliance with conditions of permit required.
NRS 445A.520 Standards of water quality.
NRS 445A.525 Effluent limitations: Establishment; enforcement.
NRS 445A.530 Effluent limitations: Additional limitations.
NRS 445A.535 Package plant for sewage treatment: Exemption from provisions of NRS 445A.540 to 445A.560, inclusive.
NRS 445A.540 Package plant for sewage treatment: Conditions for issuing permit.
NRS 445A.545 Package plant for sewage treatment: Assessment lien.
NRS 445A.550 Package plant for sewage treatment: Deposit and expenditure of proceeds of assessments; refund of surplus.
NRS 445A.555 Package plant for sewage treatment: Remedy for violation of conditions of permit; assumption of control of plant by local governing body.
NRS 445A.560 Package plant for sewage treatment: Regulation by local governing body.
NRS 445A.565 Protection of surface waters of higher quality; treatment of and control over discharges constituting new or increased sources of pollution.
NRS 445A.570 Controls for diffuse sources: Conditions; delegation of administration to county or city.
NRS 445A.572 Plans, recommendations and policies to manage, control and mitigate water pollution resulting from diffuse sources; availability of certain information to public.
NRS 445A.575 Unlawful discharge of radiological, chemical or biological warfare agent or high-level radioactive waste.
NRS 445A.580 Continuing planning process.
NRS 445A.585 Permit required for construction of treatment works.
NRS 445A.590 Permits: Notice of application to certain persons and entities; inapplicability to temporary permits.
NRS 445A.595 Permits: Request for public hearing on application; notice of hearing; inapplicability to temporary permits.
NRS 445A.600 Revocation, modification or suspension of permits: Grounds; effective date; petition for modification.
NRS 445A.605 Appeals to Commission: Appealable matters; action by Commission.
NRS 445A.610 Appeals to Commission: Hearings.
NRS 445A.615 Issuance of permit for Department of Wildlife to kill fish through use of toxicants.
NRS 445A.620 Certification of applicant if federal license or permit required.
NRS 445A.625 Radioactive and hazardous wastes: Permit to discharge, deposit, generate or dispose of required.
NRS 445A.630 Radioactive and hazardous wastes: Conditions of permit.
NRS 445A.635 Radioactive and hazardous wastes: Bond for compliance with permit.
NRS 445A.640 Radioactive and hazardous wastes: Permit does not relieve holder of any legal duty or liability.
NRS 445A.645 Radioactive and hazardous wastes: Violations; penalties.
NRS 445A.650 Municipality may recover cost of sewage treatment and refuse to receive wastes.
NRS 445A.655 Entry and inspection of premises.
NRS 445A.660 Observation, recording and reporting of discharges.
NRS 445A.665 Public access to information; disclosure of confidential information.
NRS 445A.670 Attorney General to serve as legal counsel.
NRS 445A.675 Violations: Remedies and sanctions; exception.
NRS 445A.680 Violations: Provisions concerning surface waters of higher quality and diffuse sources; remedies; exception.
NRS 445A.685 Violations: Specific remedies do not impair other rights.
NRS 445A.690 Violations: Compliance orders; exception.
NRS 445A.695 Violations: Injunctive relief; exception.
NRS 445A.700 Violations: Civil penalties; enforcement proceedings.
NRS 445A.705 Violations: Criminal penalties.
NRS 445A.707 Director to conduct independent investigation before determining whether to take certain corrective actions; exception.
NRS 445A.710 Furnishing false information or tampering with device unlawful; penalties.
NRS 445A.715 Procedure for administrative hearing.
NRS 445A.720 Final authority concerning prevention, abatement and control of water pollution.
NRS 445A.725 Provisions of title 48 of NRS unaffected.
NRS 445A.730 Effective date of regulations and standards.
PUBLIC WATER SYSTEMS
NRS 445A.800 Declaration of state policy.
NRS 445A.805 Definitions.
NRS 445A.807 “Capability” defined.
NRS 445A.8075 “Commission” defined.
NRS 445A.808 “Community water system” defined.
NRS 445A.810 “Contaminant” defined.
NRS 445A.812 “District board of health” defined.
NRS 445A.814 “Division” defined.
NRS 445A.815 “Federal Act” defined.
NRS 445A.817 “Financial capability” defined.
NRS 445A.824 “Local governing body” defined.
NRS 445A.827 “Managerial capability” defined.
NRS 445A.828 “Noncommunity water system” defined.
NRS 445A.829 “Nontransient water system” defined.
NRS 445A.830 “Operator” defined.
NRS 445A.835 “Person” defined.
NRS 445A.838 “Public utility” defined.
NRS 445A.840 “Public water system” defined.
NRS 445A.843 “Service connection” defined.
NRS 445A.845 “Supplier of water” defined.
NRS 445A.847 “Technical capability” defined.
NRS 445A.848 “Transient water system” defined.
NRS 445A.850 “Water system” defined.
NRS 445A.855 Commission: Adoption of primary and secondary standards of drinking water.
NRS 445A.860 Commission: Adoption of regulations.
NRS 445A.861 Deposit and use of fees.
NRS 445A.863 Certification of laboratories for analysis of water; requirements for performance of certain analyses.
NRS 445A.865 Commission: Contracts; assistance; hearings; subpoenas.
NRS 445A.870 Advisory board regarding certification of operators: Appointment; membership; compensation of members.
NRS 445A.875 Certification of operators: Requirement; exception; operation of multiple systems; presence of operator on-site.
NRS 445A.880 Certification of operators: Regulations; fees; examination; exemption from examination.
NRS 445A.885 Systems constructed after June 30, 1991: Requirements for permit.
NRS 445A.890 Systems constructed after June 30, 1991: Preliminary requests for comments.
NRS 445A.895 Systems constructed after June 30, 1991: Conditions for issuance of permit.
NRS 445A.900 Systems constructed after June 30, 1991: Prerequisites to liens for assessments.
NRS 445A.905 Systems constructed after June 30, 1991: Disposition of proceeds of assessments and sureties.
NRS 445A.910 Systems constructed after June 30, 1991: Assumption of control by local governing body.
NRS 445A.915 Systems constructed after June 30, 1991: Effect of provisions.
NRS 445A.920 Review and approval of plans and specifications by Commission or district board of health.
NRS 445A.925 Duties of Division and district boards of health.
NRS 445A.930 Imminent hazard; issuance and review of emergency order; public warning.
NRS 445A.935 Variance or exemption from regulation of Commission: Application; notice and hearing; participation of Public Utilities Commission of Nevada.
NRS 445A.940 Notification to Division or district board of health and user of water system by supplier of water.
NRS 445A.943 Issuance of orders by Division.
NRS 445A.945 Injunctions.
NRS 445A.950 Civil penalty and administrative fine against supplier of water for certain violations; enforcement proceedings.
NRS 445A.952 Civil penalty and administrative fine against laboratories for certain violations; enforcement proceedings.
NRS 445A.955 Criminal penalty.
_________
GENERAL PROVISIONS
NRS 445A.010 State and political subdivisions to comply with laws, regulations and ordinances governing alteration of condition of land or vegetation. In performing any work which alters the material condition of land or vegetation, the State, its agencies and all political subdivisions in this State shall comply with all the state laws or regulations and local ordinances which are applicable to private persons performing the same type of work.
(Added to NRS by 1971, 508)
NRS 445A.015 Furnishing impure water for public use unlawful; concentration of fluoride in water. Every owner, agent, manager, operator or other person having charge of any waterworks furnishing water for public use who shall:
1. Knowingly permit any act or omit any duty or precaution by reason whereof the purity or healthfulness of the water supplied shall become impaired is guilty of a gross misdemeanor.
2. Fail to adjust the naturally occurring fluoride concentration of the water to levels recommended by public health authorities when there has been approval by a majority of the votes cast pursuant to NRS 445A.045, or who shall adjust such concentration if such approval has not been obtained, is guilty of a misdemeanor. The provisions of this subsection do not apply to purveyors of bottled water who label their containers to inform the purchaser that the naturally occurring fluoride concentration of the water has been adjusted to recommended levels.
[1911 C&P § 275; RL § 6540; NCL § 10223]—(NRS A 1967, 768)
CONCENTRATION OF FLUORIDE IN WATER
NRS 445A.020 “Public water system” defined. As used in NRS 445A.020 to 445A.055, inclusive, unless the context otherwise requires, “public water system” has the meaning ascribed to it in NRS 445A.840.
(Added to NRS by 1999, 1112; A 1999, 3169)
NRS 445A.025 Proposal to adjust concentration of fluoride in water: Receipt by governing body of county, city or town; notice to county clerk. Whenever the governing body of any city or town or the board of county commissioners receives a written proposal from a supplier of water, public health authorities or from any person or persons that the naturally occurring fluoride concentration of the water be adjusted to levels recommended by public health authorities, such governing body or board may, in its discretion, give notice of such proposal and the geographical area in which the water is distributed to the county clerk of each county in which any water so affected is distributed.
(Added to NRS by 1967, 768)
NRS 445A.030 Publication of proposal; submission to registered voters. Upon receipt of such notice, each county clerk shall cause such proposal to be published and submitted to the appropriate registered voters, as specified in NRS 445A.035, in the manner provided by the general election laws for the submission of questions. If required to carry out the provisions of NRS 445A.035, such proposal shall appear on a separate ballot.
(Added to NRS by 1967, 768)
NRS 445A.035 Proposal to be voted on at next general election. The proposal shall be submitted at the next general election to the registered voters of each political subdivision or precinct in which the water affected is distributed.
(Added to NRS by 1967, 768)
NRS 445A.040 Certification of votes for and against proposal; results to be sent to supplier of water or Secretary of State.
1. Upon completion of the canvass of the vote, the county clerk shall certify the number of votes cast for and against the proposal to:
(a) The supplier, if the water affected is distributed in but one county.
(b) The Secretary of State, if the water affected is distributed in more than one county.
2. If such results are certified to the Secretary of State, he or she shall compile the results from all counties affected and certify to the supplier the number of votes cast for and against the proposal.
(Added to NRS by 1967, 768)
NRS 445A.045 Adjustment of concentration of fluoride in water by supplier of water if proposal approved by voters. The supplier may proceed to put the proposal into effect only if a majority of all the votes cast upon the question were cast for the proposal.
(Added to NRS by 1967, 769)
NRS 445A.050 Exemptions. The provisions of NRS 445A.025 to 445A.050, inclusive, do not apply to:
1. A public water system that serves a population of 100,000 or more in a county whose population is 700,000 or more.
2. A water authority, as defined pursuant to NRS 377B.040, and any political subdivision that receives all or a part of its water supply from such a water authority in a county whose population is 700,000 or more.
3. Purveyors of bottled water who label their containers to inform the purchaser that the naturally occurring fluoride concentration of the water has been adjusted to recommended levels.
4. A supplier of water who supplies water to less than 500 users.
(Added to NRS by 1967, 769; A 1969, 1080; 1999, 1114, 3169; 2011, 1260)
NRS 445A.055 Regulation of fluoridation in county whose population is 700,000 or more; financial support for enforcement; payment of initial costs for compliance.
1. The State Board of Health shall adopt regulations requiring the fluoridation of all water delivered for human consumption in a county whose population is 700,000 or more by a:
(a) Public water system that serves a population of 100,000 or more; or
(b) Water authority.
2. The regulations must include, without limitation:
(a) The minimum and maximum permissible concentrations of fluoride to be maintained by such a public water system or a water authority, except that:
(1) The minimum permissible concentration of fluoride must not be less than 0.7 parts per million; and
(2) The maximum permissible concentration of fluoride must not exceed 1.2 parts per million;
(b) The requirements and procedures for maintaining proper concentrations of fluoride, including any necessary equipment, testing, recordkeeping and reporting;
(c) Requirements for the addition of fluoride to the water if the natural concentration of fluorides is lower than the minimum permissible concentration established pursuant to paragraph (a); and
(d) Criteria pursuant to which the State Board of Health may exempt a public water system or water authority from the requirement of fluoridation upon the request of the public water system or water authority.
3. The State Board of Health shall not require the fluoridation of:
(a) The wells of a public water system or water authority if:
(1) The groundwater production of the public water system or water authority is less than 15 percent of the total average annual water production of the system or authority for the years in which drought conditions are not prevalent; and
(2) The wells are part of a combined regional and local system for the distribution of water that is served by a fluoridated source.
(b) A public water system or water authority:
(1) During an emergency or period of routine maintenance, if the wells of the system or authority are exempt from fluoridation pursuant to paragraph (a) and the supplier of water determines that it is necessary to change the production of the system or authority from surface water to groundwater because of an emergency or for purposes of routine maintenance; or
(2) If the natural water supply of the system or authority contains fluoride in a concentration that is at least equal to the minimum permissible concentration established pursuant to paragraph (a) of subsection 2.
4. The State Board of Health may make an exception to the minimum permissible concentration of fluoride to be maintained in a public water system or water authority based on:
(a) The climate of the regulated area;
(b) The amount of processed water purchased by the residents of the regulated area; and
(c) Any other factor that influences the amount of public water that is consumed by the residents of the regulated area.
5. The Division shall make reasonable efforts to secure any available sources of financial support, including, without limitation, grants from the Federal Government, for the enforcement of the standards established pursuant to this section and any related capital improvements.
6. A public water system or water authority may submit to the Division a claim for payment of the initial costs of the public water system or water authority to begin complying with the provisions of this section regardless of whether the public water system or water authority is required to comply with those provisions. The Administrator of the Division may approve such claims to the extent of legislative appropriations and any other money available for that purpose. Approved claims must be paid as other claims against the State are paid. The ongoing operational expenses of a public water system or water authority in complying with the provisions of this section are not compensable pursuant to this subsection.
7. As used in this section:
(a) “Division” means the Division of Public and Behavioral Health of the Department of Health and Human Services.
(b) “Supplier of water” has the meaning ascribed to it in NRS 445A.845.
(c) “Water authority” has the meaning ascribed to it in NRS 377B.040.
(Added to NRS by 1999, 1112; A 1999, 3169; 2011, 1260; 2013, 3053)
ACCOUNT TO FINANCE THE CONSTRUCTION OF TREATMENT WORKS AND THE IMPLEMENTATION OF POLLUTION CONTROL PROJECTS
NRS 445A.060 Legislative findings and declarations.
1. The Legislature finds that:
(a) The construction, rehabilitation, operation and maintenance of modern and efficient treatment works and other pollution control projects are essential for the protection and improvement of the waters of this State and the public health of the residents of this State; and
(b) The protection of the waters of this arid state justifies the State’s participation and assistance in a program which provides long-term financing to aid eligible recipients in the construction of treatment works and the implementation of pollution control projects. The provisions of NRS 445A.060 to 445A.160, inclusive, shall be liberally construed to carry out the purposes of NRS 445A.060 to 445A.160, inclusive.
2. The Legislature declares that the creation of an Account to Finance the Construction of Treatment Works and the Implementation of Pollution Control Projects will enable the State to receive its maximum share of the federal money available pursuant to the Federal Water Pollution Control Act of 1972 (33 U.S.C. §§ 1251 et seq.) and ensure that the eligible recipients in this State receive federal money for treatment works and projects and programs for the control of pollution.
3. The Legislature finds and declares that any general obligation bonds or revenue bonds issued pursuant to NRS 445A.155 are necessary for the protection and preservation of the natural resources of this State and for the purpose of obtaining the benefits thereof, and constitutes an exercise of the authority conferred by the second paragraph of Section 3 of Article 9 of the Constitution of the State of Nevada.
(Added to NRS by 1989, 1256; A 1993, 643; 2023, 331)
NRS 445A.065 Definitions. As used in NRS 445A.060 to 445A.160, inclusive, unless the context otherwise requires, the words and terms defined in NRS 445A.070 to 445A.115, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1989, 1256; A 1993, 644; 2023, 331)
NRS 445A.070 “Account” defined. “Account” means the Account to Finance the Construction of Treatment Works and the Implementation of Pollution Control Projects created pursuant to NRS 445A.120.
(Added to NRS by 1993, 643)
NRS 445A.072 “Administrator” defined. “Administrator” means the Administrator of the Division.
(Added to NRS by 2023, 330)
NRS 445A.075 “Commission” defined. “Commission” means the State Environmental Commission.
(Added to NRS by 1989, 1256)
NRS 445A.080 “Construction” defined. “Construction” means any:
1. Preliminary planning to determine the feasibility of treatment works or pollution control projects;
2. Engineering, architectural, legal, fiscal or economic investigations or studies, surveys, designs, plans, working drawings, specifications or procedures which comply with the requirements adopted pursuant to 33 U.S.C. §§ 1381 et seq.; or
3. Other necessary actions including the erection, building, acquisition, alteration, remodeling, improvement or extension of treatment works or pollution control projects, or the inspection or supervision of any item set forth in this section.
(Added to NRS by 1989, 1256)
NRS 445A.085 “Department” defined. Repealed. (See chapter 69, Statutes of Nevada 2023, at page 341.)
NRS 445A.090 “Director” defined. Repealed. (See chapter 69, Statutes of Nevada 2023, at page 341.)
NRS 445A.093 “Division” defined. “Division” means the Division of Environmental Protection of the State Department of Conservation and Natural Resources.
(Added to NRS by 2023, 330)
NRS 445A.096 “Eligible recipient” defined. “Eligible recipient” means a legal entity that is eligible to receive assistance from the Account in accordance with the provisions of the Clean Water Act, 33 U.S.C. §§ 1381 et seq., including, without limitation, a municipality or interstate agency.
(Added to NRS by 2023, 331)
NRS 445A.100 “Interstate agency” defined. “Interstate agency” has the meaning ascribed to it in NRS 445A.370.
(Added to NRS by 1989, 1257)
NRS 445A.105 “Municipality” defined. “Municipality” has the meaning ascribed to it in NRS 445A.375.
(Added to NRS by 1989, 1257)
NRS 445A.110 “Pollution control project” defined. “Pollution control project” means any eligible component of the management programs established pursuant to 33 U.S.C. §§ 1251 et seq. The term “pollution control project” is synonymous with the term “nonpoint source control project” as that term is used in 33 U.S.C. § 1329.
(Added to NRS by 1989, 1257)
NRS 445A.115 “Treatment works” defined. “Treatment works” has the meaning ascribed to it in NRS 445A.410.
(Added to NRS by 1989, 1257)
NRS 445A.120 Creation and purpose; payment of claims; faith of State pledged.
1. The Account to Finance the Construction of Treatment Works and the Implementation of Pollution Control Projects is hereby created in the Fund for Water Projects Loans, which is hereby created as an enterprise fund.
2. The money in the Account must be used only for the purposes set forth in 33 U.S.C. §§ 1381 et seq.
3. All claims against the Account must be paid as other claims against the State are paid.
4. The faith of the State is hereby pledged that the money in the Account will not be used for purposes other than those authorized by 33 U.S.C. §§ 1381 et seq.
(Added to NRS by 1989, 1257; A 1993, 644; 2001, 2754)
NRS 445A.125 Interest and income; deposits; acceptance of gifts, grants and bequests.
1. The interest and income earned on money in the Account must be credited to the Account.
2. All payments of principal and interest on all loans made to an eligible recipient and all proceeds from the sale, refunding or prepayment of obligations of an eligible recipient acquired or loans made in carrying out the purposes of the Account must be deposited in the State Treasury for credit to the Account.
3. The Division may accept gifts, grants and bequests of money from any public or private source. The money must be deposited in the State Treasury for credit to the Account.
(Added to NRS by 1989, 1257; A 1993, 644; 2023, 331)
NRS 445A.130 Powers and duties of Division.
1. The Division shall:
(a) Use the money in the Account for the purposes set forth in 33 U.S.C. §§ 1381 et seq.
(b) Determine whether eligible recipients which receive money or other assistance from the Account comply with the requirements set forth in 33 U.S.C. §§ 1381 et seq.
2. The Division may:
(a) Enter into an agreement with the Federal Government for the acceptance of grants of money for the Account.
(b) Provide services relating to the preparation of any plan or report concerning the Account.
(c) Perform or cause to be performed by a nonprofit organization or any other eligible recipient under 33 U.S.C. §§ 1381 et seq. through an interagency agreement, subgrant, contract or memorandum of understanding any programs, projects or activities authorized pursuant to 33 U.S.C. §§ 1381 et seq.
(Added to NRS by 1989, 1257; A 1993, 644; 2023, 331)
NRS 445A.135 Regulations of Commission. The Commission shall adopt regulations to carry out the provisions of NRS 445A.060 to 445A.160, inclusive. The regulations adopted by the Commission must, without limitation, set forth the entities that are eligible to receive assistance in accordance with 33 U.S.C. §§ 1381 et seq.
(Added to NRS by 1989, 1258; A 2023, 332)
NRS 445A.140 Limitations on use of money; compliance with federal law.
1. Except as otherwise provided in NRS 445A.145, money in the Account, including, without limitation, repayments of principal and interest on loans, and interest and income earned on money in the Account, may be used only in accordance with 33 U.S.C. §§ 1381 et seq.
2. The regulations adopted by the Commission pursuant to NRS 445A.135 must prescribe, in accordance with federal law, the authorized uses of the money in the Account.
(Added to NRS by 1989, 1258; A 1993, 645; 2023, 332)
NRS 445A.145 Administration: Limitations on expenditures; imposition and collection of fees to defray costs.
1. The Administrator shall not:
(a) Spend more than the amount or percentage authorized pursuant to 33 U.S.C. §§ 1381 et seq. to administer the Account, provide technical assistance or for any other use authorized pursuant to federal law; or
(b) Use any money generated pursuant to NRS 445A.155 for the costs of administering the Account unless authorized by the Legislature.
2. The Administrator may impose and collect a fee from each eligible recipient which receives a loan or other financial assistance from the Account. The fee must be used to defray the costs of administering the Account.
3. If the Administrator imposes a fee, the Commission shall adopt regulations establishing the amount of the fee required to be collected pursuant to subsection 2.
(Added to NRS by 1989, 1258; A 1993, 645; 2023, 332)
NRS 445A.150 Employment of expert services. The Administrator may employ any legal, fiscal or other expert services necessary to carry out his or her duties pursuant to NRS 445A.060 to 445A.160, inclusive.
(Added to NRS by 1989, 1258; A 2023, 333)
NRS 445A.155 Issuance of bonds to support Account.
1. The Administrator may authorize the State Treasurer to issue, sell or deliver general obligation bonds of the State or revenue bonds if viable to support the purposes of the Account.
2. If the Administrator authorizes the issuance of those bonds, the State Treasurer may:
(a) Sue and be sued to establish or enforce any right arising out of a project receiving financial assistance or of any state securities issued pursuant to this authorization;
(b) Acquire and hold municipal securities, and exercise all of the rights of holders of those securities;
(c) Sell or otherwise dispose of municipal securities and assets acquired in connection with those securities, unless limited by any agreement which relates to the securities;
(d) Make contracts and execute all necessary or convenient instruments;
(e) Accept grants of money from the Federal Government, the State, any agency or political subdivision, or any other person;
(f) Adopt regulations relating to projects receiving financial assistance and the administration of those projects;
(g) Employ for the Administrator or for any eligible recipient any necessary legal, fiscal, engineering and other expert services in connection with projects receiving financial assistance and with the authorization, sale and issuance of state securities and municipal securities;
(h) Enter into agreements and arrangements consistent with NRS 445A.060 to 445A.160, inclusive, concerning the issuance of state securities and the purchase of municipal securities; and
(i) Undertake other matters which the Administrator determines to be necessary or desirable to accomplish the purposes of NRS 445A.060 to 445A.160, inclusive.
3. Before any bonds are issued pursuant to this section, the State Board of Finance must certify that sufficient revenue will be available in the Account to pay the interest and installments of principal as they become due.
4. The money in the Account that is available for the payment of the interest and installments of principal on the bonds must be pledged as the primary source for the payment of the bonds. The full faith and credit of the State may be pledged.
(Added to NRS by 1989, 1258; A 1993, 645; 1997, 3013; 2023, 333)
NRS 445A.160 Environmental review: Regulations; preparation and review of environmental assessments.
1. The Commission shall adopt regulations relating to the environmental review process required by 33 U.S.C. §§ 1381 et seq.
2. Each eligible recipient which receives money from the Account shall prepare an environmental assessment which complies with the regulations adopted by the Commission and submit it to the Division for review.
3. The Division shall review each such assessment.
(Added to NRS by 1989, 1259; A 1993, 646; 2023, 334)
PROTECTION OF LAKE TAHOE AND ITS WATERSHED
NRS 445A.170 Permit or written permission required from State Department of Conservation and Natural Resources.
1. It is unlawful for any person, firm, association or corporation to:
(a) Construct a pier, breakwater or marina in or to alter the shoreline of Lake Tahoe;
(b) Remove gravel, sand or similar material from Lake Tahoe; or
(c) Deposit any fill or deleterious material in Lake Tahoe,
Ê without first having secured written permission from the State Department of Conservation and Natural Resources.
2. Construction or alteration of the Lake Tahoe shoreline below the high water elevation (6,229.1 feet) requires written permission from the State Department of Conservation and Natural Resources.
3. A permit must be denied when the source of domestic water or the place of disposal of sewage or other wastes would create a health hazard or the quality of Lake Tahoe waters would be impaired.
4. The State Department of Conservation and Natural Resources shall adopt regulations governing the issuance of permits under this section.
[1:306:1949; 1943 NCL § 8247.01]—(NRS A 1963, 957; 1967, 404, 1171; 1973, 1406; 1975, 1402; 1977, 1139; 1979, 283)
NRS 445A.175 Discharge of waste prohibited; issuance of permit subject to provision of sewerage.
1. Except as provided in subsection 2, the direct discharge of sewage or other wastes into Lake Tahoe, or within 100 feet of the established high water rim of Lake Tahoe, or within 100 feet of a stream, reservoir, spring, well or other water supply in the Lake Tahoe Watershed is prohibited.
2. Where disposal of sewage or other waste by reason of property characteristics, topography or other limitations cannot be provided other than within 100 feet of Lake Tahoe, then the State Department of Conservation and Natural Resources shall issue the required permit subject to installation and operation of such sewage works as may be necessary to provide protection to the Lake Tahoe water and the Lake Tahoe Watershed.
[2:306:1949; 1943 NCL § 8247.02]—(NRS A 1963, 957; 1973, 1406; 1975, 1403; 1977, 1140)
NRS 445A.180 Adoption of regulations by State Environmental Commission; powers of State Department of Conservation and Natural Resources.
1. The State Environmental Commission may adopt reasonable regulations consistent with law governing the Lake Tahoe Watershed area to carry out the purpose and intent of NRS 445A.170 to 445A.190, inclusive.
2. The State Department of Conservation and Natural Resources:
(a) May enforce the regulations of the State Environmental Commission with respect to the provisions of NRS 445A.170 to 445A.190, inclusive.
(b) May enter on any property within the Lake Tahoe Watershed area for the purpose of inspecting such premises to determine whether or not they are in conformity with the provisions of NRS 445A.170 to 445A.190, inclusive.
3. All regulations and standards adopted by the State Board of Health pertaining to the protection of Lake Tahoe and its watershed in force on July 1, 1975, remain in effect until revised by the State Environmental Commission pursuant to NRS 445A.170 to 445A.190, inclusive.
[3:306:1949; 1943 NCL § 8247.03]—(NRS A 1963, 958; 1967, 1172; 1973, 1406; 1975, 1403; 1977, 1140)
NRS 445A.185 Construction of NRS 445A.170 to 445A.190, inclusive. The provisions of NRS 445A.170 to 445A.190, inclusive, shall not be construed to authorize the adoption of any regulation or the issuance of any permit pursuant to such regulation, which allows any person to discharge any sewerage, effluents or other wastes or offensive materials into the waters of Lake Tahoe, but these provisions do not preclude a beneficial use of treated effluent within the Lake Tahoe Watershed under a permit issued pursuant to the provisions of NRS 445A.300 to 445A.730, inclusive.
[4:306:1949; 1943 NCL § 8247.04]—(NRS A 1977, 756)
NRS 445A.190 Penalties. Any person, firm, association or corporation violating any of the provisions of NRS 445A.170 to 445A.185, inclusive, or of the rules and regulations hereby established shall be guilty of a misdemeanor.
[5:306:1949; 1943 NCL § 8247.05]—(NRS A 1967, 580)
ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS
NRS 445A.200 Definitions. As used in NRS 445A.200 to 445A.295, inclusive, unless the context otherwise requires, the words and terms defined in NRS 445A.203 to 445A.250, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1997, 1821)
NRS 445A.203 “Account for the Revolving Fund” defined. “Account for the Revolving Fund” means the Account created pursuant to NRS 445A.255 to finance the construction of projects.
(Added to NRS by 1997, 1821)
NRS 445A.205 “Account for Set-Aside Programs” defined. “Account for Set-Aside Programs” means the Account created pursuant to NRS 445A.255 to fund activities, other than projects, authorized by the Safe Drinking Water Act, pursuant to NRS 445A.275 and 445A.280.
(Added to NRS by 1997, 1821)
NRS 445A.207 “Administrator” defined. “Administrator” means the Administrator of the Division.
(Added to NRS by 1997, 1821)
NRS 445A.210 “Commission” defined. “Commission” means the State Environmental Commission.
(Added to NRS by 1997, 1821; A 2003, 3060)
NRS 445A.215 “Construction” defined. “Construction” includes:
1. Preliminary planning to determine the feasibility of a project;
2. Engineering, architectural, legal, environmental, fiscal or economic investigations or studies, surveys, designs, plans, working drawings, specifications or procedures that comply with the Safe Drinking Water Act, and regulations adopted pursuant thereto; and
3. Other necessary actions related to a project including the erection, building, acquisition, alteration, remodeling, improvement or extension of a project, or the inspection or supervision of any item set forth in this section.
(Added to NRS by 1997, 1821)
NRS 445A.220 “Division” defined. “Division” means the Division of Environmental Protection of the State Department of Conservation and Natural Resources.
(Added to NRS by 1997, 1822; A 2003, 3060)
NRS 445A.225 “Federal grant” defined. “Federal grant” means money authorized by the Safe Drinking Water Act to:
1. Create a revolving fund to assist public water systems to finance the costs of facilities needed to achieve or maintain compliance with the Safe Drinking Water Act and regulations adopted pursuant thereto and to protect public health; and
2. Fund set-aside programs authorized by the Safe Drinking Water Act.
(Added to NRS by 1997, 1822)
NRS 445A.230 “Project” defined. “Project” means the initial construction, or renovation, modification or expansion, of portions of a public water system for:
1. The impoundment, collection, pumping, treatment, storage or distribution of water;
2. Increasing, sustaining or reducing water pressure; or
3. The supervision, monitoring, administration, management, operation or maintenance of the water system, including acquisition of water rights,
Ê subject to any restrictions set forth in the Safe Drinking Water Act.
(Added to NRS by 1997, 1822)
NRS 445A.235 “Public water system” defined. “Public water system” means a system, regardless of ownership, that provides the public with water for human consumption through pipes or other constructed conveyances, if the system has 15 or more service connections, as defined in NRS 445A.843, or regularly serves 25 or more persons. The term includes:
1. A facility for the collection, pumping, treatment, storage or distribution of water which is controlled by the operator of the system and used primarily in connection with the system; and
2. A facility for the collection or storage before treatment of water which is not controlled by the operator of the system but is used primarily in connection with the system.
(Added to NRS by 1997, 1822; A 1999, 1866)
NRS 445A.240 “Safe Drinking Water Act” defined. “Safe Drinking Water Act” means 42 U.S.C. §§ 300f et seq., as amended.
(Added to NRS by 1997, 1822)
NRS 445A.245 “Small water system” defined. “Small water system” means a public water system serving less than 10,000 persons.
(Added to NRS by 1997, 1822)
NRS 445A.250 “State securities” defined. “State securities” means securities of the kinds described in NRS 349.198 authorized to be issued in the name and on behalf of the State upon the authorization of the Administrator.
(Added to NRS by 1997, 1822)
NRS 445A.255 Creation and purpose; payment of claims; faith of State pledged.
1. The Account to Finance the Construction of Projects, to be known as the Account for the Revolving Fund, is hereby created in the Fund for Water Projects Loans.
2. The account to fund activities and projects, authorized by the Safe Drinking Water Act, to be known as the Account for Set-Aside Programs, is hereby created in the Fund for Water Projects Loans.
3. The money in the Account for the Revolving Fund and the Account for Set-Aside Programs may be used only for the purposes set forth in the Safe Drinking Water Act.
4. All claims against the Account for the Revolving Fund and the Account for Set-Aside Programs must be paid as other claims against the State are paid.
5. The faith of the State is hereby pledged that the money in the Account for the Revolving Fund and the Account for Set-Aside Programs will not be used for purposes other than those authorized by the Safe Drinking Water Act.
(Added to NRS by 1997, 1823; A 1999, 21; 2001, 2754; 2023, 334)
NRS 445A.260 Interest and income; deposits; acceptance of gifts, appropriations, contributions, grants and bequests; use of money to benefit public water systems limited.
1. The interest and income earned on money in the Account for the Revolving Fund and the Account for Set-Aside Programs must be credited to the Account for the Revolving Fund and the Account for Set-Aside Programs, respectively.
2. All payments of principal and interest on all loans made to a public water system and all proceeds from the sale, refunding or prepayment of obligations of a public water system acquired or loans made in carrying out the purposes of the Account for the Revolving Fund or the Account for Set-Aside Programs must be deposited in the State Treasury for credit to the Account for the Revolving Fund or the Account for Set-Aside Programs, respectively.
3. The Division may accept gifts, appropriations from the State General Fund, contributions, grants and bequests of money from any public or private source. The money so accepted must be deposited in the State Treasury for credit to the Account for the Revolving Fund, or the Account for Set-Aside Programs, and can be used to provide money from the State to match the federal grant, as required by the Safe Drinking Water Act.
4. Except as otherwise provided in subsection 5, only federal money deposited in a separate subaccount of the Account for the Revolving Fund, including repayments of principal and interest on loans made solely from federal money, and interest and income earned on federal money in the Account for the Revolving Fund, may be used to benefit public water systems not governmentally owned.
5. In addition to the sources described in subsection 4, the proceeds of state securities that are solely secured by and solely payable from one or more of the sources set forth in subsection 4 may be used to benefit public water systems not governmentally owned.
(Added to NRS by 1997, 1823; A 2023, 334)
NRS 445A.265 Powers and duties of Division; limitations.
1. The Division shall:
(a) Use the money in the Account for the Revolving Fund and the Account for Set-Aside Programs for the purposes set forth in the Safe Drinking Water Act.
(b) Determine whether public water systems which receive money or other assistance from the Account for the Revolving Fund or the Account for Set-Aside Programs comply with the Safe Drinking Water Act and regulations adopted pursuant thereto.
2. The Division may:
(a) Prepare and enter into required agreements with the Federal Government for the acceptance of grants of money for the Account for the Revolving Fund and the Account for Set-Aside Programs.
(b) Bind itself to terms of the required agreements.
(c) Accept grants made pursuant to the Safe Drinking Water Act.
(d) Manage the Account for the Revolving Fund and the Account for Set-Aside Programs in accordance with the requirements and objectives of the Safe Drinking Water Act.
(e) Provide services relating to management and administration of the Account for the Revolving Fund and the Account for Set-Aside Programs, including the preparation of any agreement, plan or report.
(f) Perform, or cause to be performed by the Nevada Rural Water Association or other persons, agencies or organizations through interagency agreement, subgrant, contract or memorandum of understanding, set-aside programs pursuant to 42 U.S.C. § 300j-12 of the Safe Drinking Water Act.
(g) Make loans or grants from the Account for Set-Aside Programs to borrowers for set-aside programs that meet the requirements of 42 U.S.C. § 300j-12 of the Safe Drinking Water Act.
3. The Division shall not:
(a) Commit any money in the Account for the Revolving Fund for expenditure for the purposes set forth in NRS 445A.275; or
(b) Establish the priorities for determining which public water systems will receive money or other assistance from the Account for the Revolving Fund,
Ê without obtaining the prior approval of the Board for Financing Water Projects.
(Added to NRS by 1997, 1824; A 1999, 1866; 2009, 635; 2023, 335)
NRS 445A.270 Regulations of Commission. The Commission may adopt such regulations as are necessary to carry out the provisions of NRS 445A.200 to 445A.295, inclusive.
(Added to NRS by 1997, 1826; A 2003, 3061)
NRS 445A.275 Use of money in compliance with federal law; requirements for assistance to public water system; regulations.
1. Except as otherwise provided in NRS 445A.260 and 445A.280, money in the Account for the Revolving Fund, including repayments of principal and interest on loans, and interest and income earned on money in the Account for the Revolving Fund and money in the Account for Set-Aside Programs may be used only in accordance with the Safe Drinking Water Act. Money in the Account for Set-Aside Programs may be transferred to the Account for the Revolving Fund pursuant to the Safe Drinking Water Act.
2. A public water system which requests a loan or other financial assistance must demonstrate that it has:
(a) Complied with the Safe Drinking Water Act and regulations adopted pursuant thereto; or
(b) Agreed to take actions that are needed to ensure that it has the capability to comply with the Safe Drinking Water Act and regulations adopted pursuant thereto.
3. Funding from the Account for the Revolving Fund may not be given to an existing public water system unless it has the technical, managerial and financial capability to ensure compliance with the Safe Drinking Water Act and regulations adopted pursuant thereto. A new public water system, to receive such funding, must demonstrate that it has the technical, managerial and financial capability to ensure compliance with the Safe Drinking Water Act and regulations adopted pursuant thereto.
4. The Commission shall adopt regulations which must prescribe, in accordance with federal law, the authorized uses of the money in the Account for the Revolving Fund and the Account for Set-Aside Programs.
(Added to NRS by 1997, 1824; A 2023, 335)
NRS 445A.280 Administration: Limitations on expenditures; imposition and collection of fees to defray costs.
1. The Administrator shall not:
(a) Spend more than the amount or percentage authorized for administering the Account for the Revolving Fund and the Account for Set-Aside Programs pursuant to 42 U.S.C. § 300j-12 of the Safe Drinking Water Act; or
(b) Spend more than the amount or percentage authorized for set-aside programs pursuant to 42 U.S.C. § 300j-12 of the Safe Drinking Water Act.
2. The Administrator may impose and collect a fee from each public water system that receives a loan or other financial assistance from the Account for the Revolving Fund or the Account for Set-Aside Programs. The fee must be used to defray the costs of administering the Account for the Revolving Fund or the Account for Set-Aside Programs.
3. If the Administrator imposes a fee pursuant to subsection 2, the Commission shall adopt regulations establishing the amount of the fee to be collected.
(Added to NRS by 1997, 1825; A 2003, 3061; 2023, 336)
NRS 445A.285 Employment of expert services. The Administrator may employ any legal, fiscal, engineering and other expert services necessary to carry out his or her duties pursuant to NRS 445A.200 to 445A.295, inclusive.
(Added to NRS by 1997, 1825)
NRS 445A.290 Legislative findings and declarations; issuance of securities.
1. The Legislature finds and declares that:
(a) The construction, rehabilitation, operation and maintenance of modern and efficient drinking water systems are essential for the public health of the residents of this State.
(b) The protection of the waters in this arid State justifies the participation and assistance of the State in a program which provides long-term financing to eligible recipients for the construction and improvement of drinking water infrastructure and set-aside programs. The provisions of NRS 445A.200 to 445A.295, inclusive, shall be liberally construed to carry out the purposes of NRS 445A.200 to 445A.295, inclusive.
(c) The creation of the Account for the Revolving Fund and the Account for Set-Aside Programs will enable the State to receive the maximum share of the federal money available to the State pursuant to the Safe Drinking Water Act and ensure that eligible recipients in this State receive federal money for the construction of drinking water infrastructure and set-aside programs.
2. The Legislature finds and declares that any state securities issued pursuant to this section are necessary for the protection and preservation of the property and natural resources of this State and for the purpose of obtaining the benefits thereof, and their issuance constitutes an exercise of the authority conferred by the second paragraph of Section 3 of Article 9 of the Constitution of the State of Nevada.
3. The Administrator may authorize the State Treasurer to issue, sell or deliver state securities as general obligations or secured by pledged revenue if viable to carry out the purposes of the Account for the Revolving Fund, or to provide money from the State to match the federal grant as required by the Safe Drinking Water Act.
4. If the Administrator authorizes the issuance of state securities, the State Treasurer may:
(a) Sue and be sued to establish or enforce any right arising out of a project receiving financial assistance or of any state securities issued pursuant to this authorization;
(b) Acquire and hold municipal securities, and exercise all of the rights of holders of those securities;
(c) Sell or otherwise dispose of municipal securities and assets acquired in connection with those securities, unless limited by any agreement which relates to the securities;
(d) Make contracts and execute all necessary or convenient instruments;
(e) Accept grants of money from the Federal Government, the State, any agency or political subdivision thereof, or any other person;
(f) Adopt financial regulations relating to projects receiving financial assistance and the administration of those projects;
(g) Employ for the Administrator or for any public water system, any necessary legal, fiscal, engineering and other expert services in connection with projects receiving financial assistance and with the authorization, sale and issuance of state securities, and the purchase of municipal securities or nongovernmental debt;
(h) Enter into agreements and arrangements consistent with NRS 445A.200 to 445A.295, inclusive, concerning the authorization, sale and issuance of state securities and the purchase of municipal securities or nongovernmental debt;
(i) Require, as appropriate to secure a nongovernmental debt, enhancements of credit or the pledge of any variety of collateral or other types of security, such as corporate or personal guarantees; and
(j) Undertake other matters which the Administrator determines to be necessary or desirable to accomplish the purposes of NRS 445A.200 to 445A.295, inclusive.
5. The money in the Account for the Revolving Fund which is available for the payment of the interest and installments of principal on the state securities must be pledged as the primary source for the payment of the state securities. The full faith and credit of the State may be pledged as additional security for the payment of the state securities.
(Added to NRS by 1997, 1822, 1826; A 2023, 337)
NRS 445A.295 Environmental review: Regulations; preparation and review of environmental assessments.
1. The Commission shall adopt such regulations as are necessary relating to the environmental review required by the Safe Drinking Water Act.
2. Each public water system which receives money from the Account for the Revolving Fund shall prepare an environmental assessment which complies with the regulations adopted by the Commission and submit it to the Division for review.
3. The Division shall review each such assessment.
(Added to NRS by 1997, 1825; A 2003, 3061)
WATER POLLUTION CONTROL
NRS 445A.300 Short title. NRS 445A.300 to 445A.730, inclusive, may be cited as the Nevada Water Pollution Control Law.
(Added to NRS by 1973, 1707; A 1977, 1141)
NRS 445A.305 Legislative declaration.
1. The Legislature finds that pollution of water in this State:
(a) Adversely affects public health and welfare;
(b) Is harmful to wildlife, fish and other aquatic life; and
(c) Impairs domestic, agricultural, industrial, recreational and other beneficial uses of water.
2. The Legislature declares that the people of this State have a right to clean water and it is the policy of this State and the purpose of NRS 445A.300 to 445A.730, inclusive:
(a) To maintain the quality of the waters of the State consistent with the public health and enjoyment, the propagation and protection of terrestrial and aquatic life, the operation of existing industries, the pursuit of agriculture, and the economic development of the State;
(b) To mitigate the degradation of the waters of the State; and
(c) To encourage and promote the use of methods of waste collection and pollution control for all significant sources of water pollution (including point and diffuse sources).
(Added to NRS by 1973, 1707; A 1979, 1026; 2021, 3411)
NRS 445A.310 Definitions. As used in NRS 445A.300 to 445A.730, inclusive, unless the context otherwise requires, the words and terms defined in NRS 445A.315 to 445A.420, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1973, 1708; A 1977, 1141; 1979, 344, 1027, 1915; 1985, 763; 1991, 1742; 1995, 1585; 2001, 956; 2003, 2113)
NRS 445A.315 “Administrator” defined. “Administrator” means the executive head of the Division.
(Added to NRS by 1977, 1141)
NRS 445A.320 “Commission” defined. “Commission” means the State Environmental Commission.
(Added to NRS by 1973, 1708)
NRS 445A.325 “Contaminant” defined. “Contaminant” means any physical, chemical, biological or radiological substance or matter which is added to water.
(Added to NRS by 1985, 762)
NRS 445A.330 “Department” defined. “Department” means the State Department of Conservation and Natural Resources.
(Added to NRS by 1973, 1708; A 1973, 1406; 1977, 1141)
NRS 445A.335 “Diffuse source” defined. “Diffuse source” means any source of water pollution which is diffused to the extent that it is not readily discernible and cannot be confined to a discrete conveyance. This term is intended to be equivalent to the term “nonpoint source” as used in federal statutes and regulations.
(Added to NRS by 1979, 1029)
NRS 445A.340 “Director” defined. “Director” means the Director of the Department or the Director’s designee.
(Added to NRS by 1973, 1708)
NRS 445A.345 “Discharge” defined. “Discharge” means any addition of a pollutant or pollutants to water.
(Added to NRS by 1973, 1708)
NRS 445A.350 “Division” defined. “Division” means the Division of Environmental Protection of the Department.
(Added to NRS by 1977, 1141)
NRS 445A.355 “Effluent limitation” defined. “Effluent limitation” means any applicable state and federal water quality standard or limitation which imposes any restriction or prohibition on quantities, rates and concentrations of chemical, physical, biological and other constituents which are discharged from point sources into any waters of the State.
(Added to NRS by 1973, 1708)
NRS 445A.360 “General permit” defined. “General permit” means a permit issued by the Department pursuant to NRS 445A.475.
(Added to NRS by 1991, 1741)
NRS 445A.363 “Hazardous waste” defined. “Hazardous waste” has the meaning ascribed to it in NRS 459.430.
(Added to NRS by 2003, 2113)
NRS 445A.365 “Individual permit” defined. “Individual permit,” except as otherwise provided in NRS 445A.385, means any permit issued by the Department pursuant to NRS 445A.300 to 445A.730, inclusive, that is not a general permit.
(Added to NRS by 1991, 1741)
NRS 445A.370 “Interstate agency” defined. “Interstate agency” means an agency of two or more states:
1. Established by or pursuant to an agreement or compact approved by the Congress of the United States; or
2. Having substantial powers or duties pertaining to the control of pollution of waters.
(Added to NRS by 1973, 1708)
NRS 445A.375 “Municipality” defined. “Municipality” means:
1. Any city, town, county, district, association or other public body created by or pursuant to the law of this State and having jurisdiction over disposal of sewage, industrial wastes or other wastes; or
2. An Indian tribe or an authorized Indian tribal organization.
(Added to NRS by 1973, 1708)
NRS 445A.380 “Package plant for sewage treatment” defined.
1. “Package plant for sewage treatment” means any plant which:
(a) Consists of units or modules designed for construction, assembly, connection and installation at the site for treatment of sewage; and
(b) Is privately owned and will be operated to treat wastewater and sewage for a limited area.
2. The term does not include:
(a) A plant for the treatment of domestic sewage whose capacity is less than 5,000 gallons per day;
(b) Septic systems comprised of single or multiple septic tanks and leach fields; or
(c) Systems operated for the pretreatment of industrial wastewater before disposal to a publicly owned treatment plant.
(Added to NRS by 1979, 1912; A 1993, 909)
NRS 445A.385 “Permit” defined. “Permit” includes a general permit, individual permit or temporary permit. The term does not include a permit issued pursuant to NRS 445A.615 or 445A.625.
(Added to NRS by 1991, 1741)
NRS 445A.390 “Person” defined. “Person” includes the United States, to the extent authorized by federal law, the State or any agency or institution thereof, any municipality or other political subdivision of this State or any interstate body.
(Added to NRS by 1973, 1708; A 1985, 516)
NRS 445A.395 “Point source” defined. “Point source” means any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. The term does not include return flows from irrigated agriculture.
(Added to NRS by 1973, 1708; A 1979, 1027)
NRS 445A.400 “Pollutant” defined. “Pollutant”:
1. Means dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water.
2. Does not mean water, gas or other material which is injected into a well to facilitate production of oil or gas, or water derived in association with oil or gas production and disposed of in a well, if the well is used either for facilitating production or for disposal purposes and if the Department determines that such injection or disposal will not result in the degradation of ground or surface water resources.
3. Does not mean water, gas or other material injected into a well or used to stimulate a reservoir of geothermal resources if the Department determines that the injection or stimulation will not result in the degradation of ground or surface water resources.
(Added to NRS by 1973, 1708; A 1981, 660)
NRS 445A.405 “Pollution” defined. “Pollution” means the artificially made or artificially induced alteration of the chemical, physical, biological and radiological integrity of water.
(Added to NRS by 1973, 1709)
NRS 445A.410 “Treatment works” defined. “Treatment works” means:
1. Any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature, including intercepting sewers, outfall sewers, sewage collection systems, pumping, power and other equipment, and their appurtenances;
2. Extensions, improvements, remodeling, additions, and alterations of any device or system mentioned in subsection 1;
3. Units essential to provide a reliable recycled supply such as stand-by treatment units and clear well facilities;
4. Any works, including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment; and
5. Any other method or system for preventing, abating, reducing, storing, treating, separating or disposing of municipal waste, including storm water runoff, industrial waste or waste in combined storm water and sanitary sewer systems.
(Added to NRS by 1973, 1709)
NRS 445A.415 “Waters of the State” defined. “Waters of the State” means all waters situated wholly or partly within or bordering upon this State, including but not limited to:
1. All streams, lakes, ponds, impounding reservoirs, marshes, water courses, waterways, wells, springs, irrigation systems and drainage systems; and
2. All bodies or accumulations of water, surface and underground, natural or artificial.
(Added to NRS by 1973, 1709)
NRS 445A.420 “Water quality standard” defined. “Water quality standard” means the degree of pollution of water or the physical, chemical or biological condition of water, as expressed numerically or descriptively, used for controlling the quality of water in each segment of a stream and each other body of surface water in this State.
(Added to NRS by 1973, 1709; A 1979, 1027)
NRS 445A.425 Powers and duties of Commission; regulations.
1. Except as specifically provided in NRS 445A.625 to 445A.645, inclusive, the Commission shall:
(a) Adopt regulations carrying out the provisions of NRS 445A.300 to 445A.730, inclusive, including standards of water quality and amounts of waste which may be discharged into the waters of the State.
(b) Adopt regulations providing for the certification of laboratories that perform analyses for the purposes of NRS 445A.300 to 445A.730, inclusive, to detect the presence of hazardous waste or a regulated substance in soil or water.
(c) Adopt regulations controlling the injection of fluids through a well to prohibit those injections into underground water, if it supplies or may reasonably be expected to supply any public water system, as defined in NRS 445A.840, which may result in that system’s noncompliance with any regulation regarding primary drinking water or may otherwise have an adverse effect on human health.
(d) Advise, consult and cooperate with other agencies of the State, the Federal Government, other states, interstate agencies and other persons in furthering the provisions of NRS 445A.300 to 445A.730, inclusive.
(e) Determine and prescribe the qualifications and duties of the supervisors and technicians responsible for the operation and maintenance of plants for sewage treatment.
2. The Commission may adopt regulations for controlling the infiltration of contaminants into underground water through contaminated fluids or soil where:
(a) The underground water directly supplies a public water system or could be reasonably expected to supply a public water system through a surface-to-groundwater connection; and
(b) The infiltration of contaminants into the public system may result in:
(1) The public water system not complying with any standard or regulation regarding primary drinking water; or
(2) A danger to the health and safety of persons.
Ê Any regulations adopted by the Commission pursuant to this subsection may address, without limitation, sewage treatment and effluent disposal, wastewater management and community planning and the management of fluids, effluent and septic systems.
3. Before adopting any regulations pursuant to subsection 2, the Commission shall:
(a) Consider:
(1) The economic and technological feasibility of the proposed regulations; and
(2) The potential costs for a local government to implement the proposed regulations.
(b) Notify the State Board of Health if the proposed regulations would impact residential individual systems for the disposal of sewage.
4. The Commission may by regulation require that supervisors and technicians responsible for the operation and maintenance of plants for sewage treatment be certified by the Department. The regulations may include a schedule of fees to pay the costs of certification. The provisions of this subsection apply only to a package plant for sewage treatment whose capacity is more than 5,000 gallons per day and to any other plant whose capacity is more than 10,000 gallons per day.
5. In adopting regulations, standards of water quality and effluent limitations pursuant to NRS 445A.300 to 445A.730, inclusive, the Commission shall recognize and consider:
(a) The historical irrigation practices in the respective river basins of this State, the economy thereof and their effects; and
(b) Any disproportionate impact on underserved communities in the respective river basins of this State.
6. The Commission may hold hearings, issue notices of hearings, issue subpoenas requiring the attendance of witnesses and the production of evidence, administer oaths and take testimony as it considers necessary to carry out the provisions of this section and for the purpose of reviewing standards of water quality.
7. As used in this section:
(a) “Block” means the smallest geographic unit whose boundaries were designated by the Bureau of the Census of the United States Department of Commerce in its topographically integrated geographic encoding and referencing system.
(b) “Block group” means a combination of blocks.
(c) “Census tract” means a combination of blocks whose numbers begin with the same digit.
(d) “Plant for sewage treatment” means any facility for the treatment, purification or disposal of sewage.
(e) “Public water system” has the meaning ascribed to it in NRS 445A.840.
(f) “Underserved community” means:
(1) A census tract in which, in the immediately preceding census:
(I) The median household income was less than 60 percent of the median household income in this State;
(II) At least 25 percent of the households had a household income below the federally designated level signifying poverty; or
(III) At least 20 percent of households were not proficient in the English language; or
(2) A community in this State with at least one public school:
(I) In which 75 percent or more of the enrolled pupils during the immediately preceding school year were eligible for free or reduced-price lunches under the National School Lunch Act, 42 U.S.C. §§ 1751 et seq.; or
(II) That participates in universal meal service pursuant to Section 104 of the Healthy, Hunger-Free Kids Act of 2010, Public Law 111-296.
(Added to NRS by 1973, 1709; A 1979, 1027, 1915, 1916; 1981, 81; 1985, 763; 1991, 696; 2003, 2113; 2021, 3411)
NRS 445A.427 Analysis to detect hazardous waste or regulated substance to be performed by certified laboratory; exception.
1. Except as otherwise provided in subsection 2, any analysis performed to detect the presence of hazardous waste or a regulated substance in soil or water as required for the purposes of NRS 445A.300 to 445A.730, inclusive, must be performed by a laboratory certified pursuant to the regulations adopted pursuant to NRS 445A.425.
2. The provisions of subsection 1 do not apply to an analysis of waste that is managed by a facility for the management of hazardous waste.
(Added to NRS by 2003, 2113)
NRS 445A.428 Commission to provide standards for certification of laboratories for analysis of water; certified laboratory required to perform certain analyses; evaluation.
1. The Commission shall provide by regulation standards for the certification of laboratories for the analysis of water pursuant to NRS 445A.300 to 445A.730, inclusive. An analysis required pursuant to any provision of NRS 445A.300 to 445A.730, inclusive, must be performed by a certified laboratory.
2. The certifying officer shall conduct an evaluation at the site of each laboratory to determine whether the laboratory is using the methods of analysis required by this section in an acceptable manner, applying procedures required by regulation for the control of quality and making results available in a timely manner.
3. For analyses required pursuant to NRS 445A.300 to 445A.730, inclusive, the methods of analysis must comply with 40 C.F.R. Part 136.
4. A laboratory may be certified to perform analyses for the presence of one or more specified contaminants, or to perform all analyses required pursuant to NRS 445A.300 to 445A.730, inclusive.
(Added to NRS by 1995, 1584)
NRS 445A.430 Fees: Establishment by Commission; disposition.
1. The Commission shall prescribe a schedule of reasonable fees for applications for permits under the provisions of NRS 445A.465 to 445A.510, inclusive, to defray the costs of processing applications for permits and administering the program for reviewing applications and granting permits.
2. The Commission may establish reasonable fees for the review of plans and specifications by the Director and for services provided by the Division.
3. Fees collected pursuant to this section must be deposited with the State Treasurer for credit to the appropriate account of the Division and must be used in the administration of the program for the control of water pollution provided for in NRS 445A.300 to 445A.730, inclusive.
(Added to NRS by 1989, 487)
NRS 445A.435 Publication of notice of hearing on regulation which provides standard of water quality or discharge of waste. If a regulation which is to be considered by the Commission provides a standard of water quality or waste discharge, notice of the hearing on the regulation must be published at least once in:
1. A newspaper of general circulation in the area to which the standard, if adopted, will apply; and
2. A digital format that is generally accessible in the area and to any affected communities to which the standard, if adopted, will apply. As used in this subsection, “digital format” includes, without limitation, an online newspaper or community forum.
(Added to NRS by 1973, 1710; A 1977, 69; 1981, 81; 2021, 3413)
NRS 445A.440 Department designated as State Water Pollution Control Agency. The Department is:
1. Designated as the State Water Pollution Control Agency for this State for all purposes of federal water pollution control legislation except that the Commission has the exclusive power to promulgate rules and regulations as provided in NRS 445A.425; and
2. Authorized to take all action necessary and appropriate to secure all the benefits of any federal legislation provided in subsection 1.
(Added to NRS by 1973, 1710)
NRS 445A.445 Duties of Director. The Director shall:
1. Administer and enforce the provisions of NRS 445A.300 to 445A.730, inclusive, all regulations adopted by the Commission, and all orders and permits issued by the Department;
2. Examine and approve or disapprove plans and specifications for the construction and operation of new treatment works and extensions, modifications of or additions to new or existing treatment works;
3. Develop comprehensive plans and programs for preventing, reducing or eliminating pollution and controlling injections through a well to prevent the degradation of existing or potential underground sources of drinking water, with due regard to the improvements which are necessary to conserve waters for the protection and propagation of fish and aquatic life, wildlife, recreational purposes, public water supply, agricultural, industrial and other purposes; and
4. Certify all costs and expenditures for any facility, land, building, machinery, equipment, treatment works or disposal systems which are acquired, constructed or installed in conformity with the purposes of NRS 445A.300 to 445A.730, inclusive.
(Added to NRS by 1973, 1710; A 1977, 1141; 1979, 1916; 1981, 81; 1985, 764)
NRS 445A.450 Powers of Director. The Director may:
1. Perform any acts consistent with the requirements of state and federal legislation concerning the control of the injection of fluids through a well and the control of water pollution and conditions thereof relating to participation in and administration by this State of the National Pollutant Discharge Elimination System;
2. Submit recommendations to the Commission for the adoption of regulations deemed necessary to control the infiltration of contaminants into underground water resulting from contaminated fluids or soils pursuant to NRS 445A.425;
3. Advise, consult and cooperate with other agencies of the State, the Federal Government, other states, interstate agencies, Indian tribes and with other persons in furthering the purposes of NRS 445A.300 to 445A.730, inclusive;
4. Take the steps necessary to qualify for, accept and administer loans and grants from the Federal Government and from other sources, public or private, for carrying out any functions under NRS 445A.300 to 445A.730, inclusive;
5. Award subgrants to eligible persons to assist the Director in carrying out any functions under NRS 445A.300 to 445A.730, inclusive;
6. Encourage, request, participate in or conduct studies, surveys, investigations, research, experiments, demonstrations and pilot programs by contract, grant or other means;
7. Maintain or require supervisors and operators of treatment plants which are privately owned or owned by a municipality or other public entity to maintain records and devices for continuing observation and establish or require these supervisors and operators to establish procedures for making inspections and obtaining samples necessary to prepare reports;
8. Collect and disseminate information to the public as the Director considers advisable and necessary for the discharge of his or her duties under NRS 445A.300 to 445A.730, inclusive;
9. Hold hearings and issue subpoenas requiring the attendance of witnesses and the production of evidence as the Director finds necessary to carry out the provisions of NRS 445A.300 to 445A.730, inclusive;
10. Exercise all incidental powers necessary to carry out the purposes of NRS 445A.300 to 445A.730, inclusive; and
11. Delegate to the Division any function or authority granted to the Director under NRS 445A.300 to 445A.730, inclusive.
(Added to NRS by 1985, 762; A 2009, 636; 2021, 3413)
NRS 445A.455 Disqualification of Director; exception.
1. The Director shall not be a person who receives or has during the previous 2 years received a significant portion of his or her income, as defined by any applicable state or federal law, directly or indirectly from one or more holders of or applicants for a permit required by NRS 445A.300 to 445A.730, inclusive.
2. The disqualification provided in this section does not apply with respect to significant income received from any department or agency of state government which may be a holder of or an applicant for a permit required by NRS 445A.300 to 445A.730, inclusive.
(Added to NRS by 1973, 1711; A 1975, 1404)
NRS 445A.460 Administrator: Qualifications; disqualification; exception.
1. The Administrator shall be selected with special reference to his or her training, experience, capacity and interest in the field of environmental protection and ability to administer and direct the work of a public agency.
2. The Administrator shall not be a person who receives or has received during the previous 2 years a significant portion of his or her income, as defined by any applicable state or federal law, directly or indirectly from one or more holders of or applicants for a permit required by NRS 445A.300 to 445A.730, inclusive. The disqualification provided in this subsection does not apply with respect to significant income received from any department or agency of state government which may be a holder of or an applicant for such a permit.
(Added to NRS by 1977, 1141)
NRS 445A.465 Injection of fluids through well or discharge of pollutant without permit prohibited; regulations.
1. Except as authorized by a permit issued by the Department pursuant to the provisions of NRS 445A.300 to 445A.730, inclusive, and regulations adopted by the Commission, it is unlawful for any person to:
(a) Discharge from any point source any pollutant into any waters of the State or any treatment works.
(b) Inject fluids through a well into any waters of the State.
(c) Discharge from a point source a pollutant or inject fluids through a well that could be carried into the waters of the State by any means.
(d) Allow a pollutant discharged from a point source or fluids injected through a well to remain in a place where the pollutant or fluids could be carried into the waters of the State by any means.
2. The Commission shall adopt regulations which provide a simplified procedure for approval by the Department of permits that are required by subsection 1 for work related to clearing and maintaining the channel of a navigable river, including, without limitation, dredging or filling, bank stabilization or restoration, channel clearance, construction of irrigation diversions or the clearance of vegetation, debris or temporary obstructions. The regulations must include a limitation on the time allowed for the processing of an application for such a permit to not more than 60 days after receipt by the Department of a completed application and any required fees, unless the Administrator determines that it is in the public interest to hold a public hearing regarding the application and promptly notifies the applicant of that determination.
(Added to NRS by 1973, 1711; A 1985, 765; 1991, 857, 1742, 1743; 1997, 1262)
NRS 445A.470 Restrictions on regulation concerning injection of fluid through well or permit issued for injections. Any regulation concerning injections of fluids through a well or any permit issued for the purpose of such an injection may not interfere with or impede the injection of material into a well to facilitate production of oil or gas or an injection to dispose of brine, water or other fluids which were brought to the surface in connection with the production of oil or gas, if the well is used either for facilitating production or for disposal and if the Department determines that this injection or disposal will not result in the degradation of underground or surface water.
(Added to NRS by 1985, 763)
NRS 445A.475 Permits: Issuance of general permits. A general permit may be issued for a category of discharges or injections of fluids through a well which:
1. Corresponds with an existing geographical or political boundary;
2. Involves the same or similar types of discharge or injection;
3. Requires the same limitations or conditions in a permit;
4. Requires the same or similar monitoring; or
5. In the opinion of the Department, is more appropriately regulated by a general permit rather than an individual permit.
(Added to NRS by 1991, 1741)
NRS 445A.480 Permits: Authority of Department to require individual permit.
1. The Department may require the holder of a general permit to apply for and obtain an individual permit.
2. An individual permit may be required by the Department in any of the following cases, without limitation:
(a) If the discharge or injection of fluids through a well is not in compliance with the conditions of the general permit.
(b) If a change in circumstances has occurred and the general permit is no longer applicable.
(c) If the Department determines that the discharge or injection of fluids is a significant or potentially significant contributor of pollutants. In making this determination, the Department may consider:
(1) The location of the discharge or injection;
(2) The size of the discharge or injection; and
(3) The quantity and nature of the pollutants discharged or injected.
(Added to NRS by 1991, 1741)
NRS 445A.485 Permits: Issuance of temporary permits. The Department may issue a temporary permit for the discharge of pollutants or the injection of fluids through a well. The permit is valid for not more than 180 days.
(Added to NRS by 1991, 1741; A 1993, 2790)
NRS 445A.490 Permits: Issuance prohibited in certain cases. No permit may be issued which authorizes any discharge or injection of fluids through a well into any waters of the State:
1. Of any radiological, chemical or biological warfare agent or high-level radioactive waste;
2. Which would substantially impair anchorage and navigation in any waters of the State;
3. Which would result in the degradation of existing or potential underground sources of drinking water;
4. Which is inconsistent with an applicable areawide plan for management of the treatment of waste; or
5. Which the Director determines is inconsistent with the regulations and guidelines adopted by the Commission pursuant to NRS 445A.300 to 445A.730, inclusive, including those relating to standards of water quality and injections of fluids through a well.
(Added to NRS by 1973, 1711; A 1985, 766)
NRS 445A.495 Permits: Term; renewal. The Department may issue permits for fixed terms not to exceed 5 years, but a permit to operate a package plant for sewage treatment must be reviewed annually by the Department. In compliance with the regulations adopted by the Commission, the Department may issue a new permit upon expiration of an existing permit if:
1. The holder of the permit is in full or substantial compliance with all the requirements and schedules of compliance of the expired permit;
2. The Department has current information on the nature and frequency of the discharge or injection of fluids through a well by a holder of a permit, either pursuant to the submission of new forms and applications or pursuant to continuing observation of records and reports submitted to the Department by the holder of the permit; and
3. The discharge or injection of fluids through a well is consistent with applicable effluent limitations, standards of water quality and other applicable requirements set forth in NRS 445A.300 to 445A.730, inclusive.
(Added to NRS by 1973, 1712; A 1979, 1917; 1985, 766)
NRS 445A.500 Permits: Conditions; notice of application.
1. Each permit issued by the Department must ensure compliance with the following factors whenever applicable to the discharge or the injection of fluids through a well for which the permit is sought:
(a) Effluent limitations;
(b) Standards of performance for new sources;
(c) Standards for pretreatment;
(d) Standards for injections of fluids through a well; and
(e) Any more stringent limitations, including any necessary to meet or effectuate standards of water quality, standards of treatment or schedules of compliance developed by the Department as part of a continuing planning process or areawide plan for the management of the treatment of waste under NRS 445A.580 or in furthering the purposes and goals of NRS 445A.300 to 445A.730, inclusive.
2. Each permit must specify average and maximum daily or other appropriate quantitative limitations for the level of pollutants or contaminants in the authorized discharge or injection.
3. If an application is made to discharge from a point source into any waters of this State which flow directly or ultimately into an irrigation reservoir upstream from which are located urban areas in two or more counties and if each county has a population of 55,000 or more, the Department must give notice of the application to each city, county, unincorporated town and irrigation district located downstream from the point of discharge. Notice to an unincorporated town must be given to the town board or advisory council if there is one.
(Added to NRS by 1973, 1712; A 1981, 1581; 1985, 766; 1989, 1927; 2001, 1991; 2011, 1261)
NRS 445A.505 Permits: Notification and provision of information by holder of permit of new or increased discharges or infiltration of contaminants to underground water; reapplication.
1. A holder of a permit for a publicly owned treatment works shall notify and supply the Department with information concerning any new or increased introduction of pollutants into the treatment works.
2. All holders of permits issued under NRS 445A.465 to 445A.510, inclusive, whose production increases, or whose process modifications or facility expansion result in new or increased discharges or injections of fluids through a well shall report such changes by submitting a new application for a permit to the Department.
3. All holders of permits issued under NRS 445A.465 to 445A.510, inclusive, whose production increases, or whose process modifications or facility expansion result in the infiltration of contaminants to underground waters of this State as a result of contaminated fluids or contaminated soils shall report the contamination to the Department.
(Added to NRS by 1973, 1712; A 1985, 767; 2021, 3414)
NRS 445A.510 Permits: Collection of fee. In accordance with the schedule of fees prescribed by the Commission, the Department shall charge each applicant a fee for an application for a permit.
(Added to NRS by 1973, 1712; A 1985, 716; 1989, 488)
NRS 445A.515 Compliance with conditions of permit required. If any discharge does not comply with the provisions of NRS 445A.500 and 445A.505, the Department shall require the permit holder to take specific steps to comply therewith.
(Added to NRS by 1973, 1713)
NRS 445A.520 Standards of water quality.
1. The Commission shall establish water quality standards at a level designed to protect and ensure a continuation of the designated beneficial use or uses which the Commission has determined to be applicable to each stream segment or other body of surface water in the State.
2. The Commission shall base its water quality standards on water quality criteria which numerically or descriptively define the conditions necessary to maintain the designated beneficial use or uses of the water. The water quality standards must reflect water quality criteria which define the conditions necessary to support, protect and allow the propagation of fish, shellfish and other wildlife and to provide for recreation in and on the water if these objectives are reasonably attainable.
3. The Commission may establish water quality standards for individual segments of streams or for other bodies of surface water which vary from standards based on recognized criteria if such variations are justified by the circumstances pertaining to particular places, as determined by biological monitoring or other appropriate studies.
(Added to NRS by 1973, 1713; A 1979, 1028)
NRS 445A.525 Effluent limitations: Establishment; enforcement.
1. Effluent limitations shall be established and enforced for point sources, including publicly owned treatment works, which require the application of the best practicable control economically achievable.
2. In the case of a discharge into a publicly owned treatment plant in existence on July 1, 1977, or federally approved prior to June 30, 1974, effluent limitations shall be established and enforced which comply with applicable pretreatment requirements or are based upon secondary treatment as federally defined.
(Added to NRS by 1973, 1713)
NRS 445A.530 Effluent limitations: Additional limitations. If more stringent limitations are needed, including those necessary to meet water quality standards, treatment standards or schedules of compliance established pursuant to the laws of this State or any other federal law or regulation, or are required to implement any applicable water quality standard established by the Commission pursuant to NRS 445A.300 to 445A.730, inclusive, such limitations shall be established and enforced.
(Added to NRS by 1973, 1713)
NRS 445A.535 Package plant for sewage treatment: Exemption from provisions of NRS 445A.540 to 445A.560, inclusive. Any public utility subject to the jurisdiction of the Public Utilities Commission of Nevada which is providing sewerage on June 7, 1979, is exempt from the provisions of NRS 445A.540 to 445A.560, inclusive.
(Added to NRS by 1979, 1913; A 1987, 717; 1997, 1995)
NRS 445A.540 Package plant for sewage treatment: Conditions for issuing permit. A permit to discharge water from a package plant for sewage treatment may not be issued unless all of the following conditions are met:
1. Neither of the following is available:
(a) Sewerage provided by a public utility; or
(b) Sewerage provided by a municipality or other public entity.
2. The applicant fully complies with all of the conditions of NRS 445A.465 to 445A.515, inclusive.
3. The local governing body assumes:
(a) Responsibility in case of default by the builder or developer for the continued operation and maintenance of the plant in accordance with all of the terms and conditions of the permit.
(b) The duty of assessing the lands served as provided in subsection 5.
4. The applicant furnishes the local governing body sufficient surety in the form of a bond, certificate of deposit, investment certificate or any other form acceptable to the governing body, to ensure the continued maintenance and operation of the plant:
(a) For 5 years following the date the plant is placed in operation; or
(b) Until 75 percent of the lots or parcels served by the plant are sold,
Ê whichever is later.
5. The owners of the lands to be served by the package plant for sewage treatment record a declaration of covenants, conditions and restrictions, which is an equitable servitude running with the land and which must provide that each lot or parcel will be assessed by the local governing body for its proportionate share of the cost of continued operation and maintenance of the plant if there is a default by the applicant or operator of the plant and a sufficient surety, as provided in subsection 4, is not available.
6. The declaration of covenants, conditions and restrictions recorded by the owners further provides that if the local governing body determines that:
(a) The plant is not satisfactorily serving the needs of its users; and
(b) Sewerage provided by a public utility or a municipality or other public entity is reasonably available,
Ê the local governing body may require all users of a package plant for sewage treatment to connect into the available sewers provided by a utility or a municipality or other public entity, and each lot or parcel will be assessed by the local governing body for its proportionate share of the cost of connecting into those sewers. These assessments are not subject to the jurisdiction of the Public Utilities Commission of Nevada.
7. Provision has been made for disposition of the plant and the land on which it is situated after the local governing body requires all users to connect into available sewers provided by a public utility or a municipality or other public entity.
(Added to NRS by 1979, 1913; A 1987, 717; 1997, 1995)
NRS 445A.545 Package plant for sewage treatment: Assessment lien. No lien for the assessments provided by the covenants, conditions and restrictions described in NRS 445A.540 is binding upon the property until the local governing body, after a hearing, establishes the costs, apportions them to each lot or parcel and records a notice of lien in the office of the county recorder in the county in which the property is located.
(Added to NRS by 1979, 1914)
NRS 445A.550 Package plant for sewage treatment: Deposit and expenditure of proceeds of assessments; refund of surplus.
1. The proceeds of any assessments upon lots or parcels must be deposited with the treasurer of the local governing body which received them, and they may be expended only for the following purposes:
(a) Continued maintenance and operation of the package plant for sewage treatment;
(b) Replacement of the plant if necessary; and
(c) Payment of the costs of connection to any sewer provided by a public utility or a municipality or other public entity that becomes reasonably available.
2. If any surplus exists in the proceeds of assessments after all purposes of the assessments have been fully met, the surplus must be refunded to the persons who paid the assessments, in the proportion that their respective assessments bear to the gross proceeds of all assessments collected by the local governing body.
(Added to NRS by 1979, 1914)
NRS 445A.555 Package plant for sewage treatment: Remedy for violation of conditions of permit; assumption of control of plant by local governing body.
1. If the Department has found that any of the conditions of a permit to discharge water from a package plant for sewage treatment are being violated and has notified the holder of the permit that the holder must bring the plant into compliance, but the holder of the permit has failed to comply within a reasonable time after the date of the notice, the local governing body may take the following actions independently of any further action by the Department:
(a) Give written notice, by certified mail, to the owner of the plant and the owners of the property served by the plant that if the violation is not corrected within 30 days after the date of the notice, the local governing body will seek a court order authorizing it to assume control; and
(b) After the 30-day period has expired, if the plant has not been brought into compliance, apply to the district court for an order authorizing the local governing body to assume control of the plant and assess the property for the continued operation and maintenance of the plant as provided in subsection 5 of NRS 445A.540.
2. If the local governing body determines at any time that immediate action is necessary to protect the public health and welfare, it may assume physical control and operation of a package plant for sewage treatment without complying with any of the requirements set forth in subsection 1. The local governing body may not maintain control of the plant pursuant to this subsection for a period greater than 30 days unless it obtains an order from the district court authorizing an extension.
(Added to NRS by 1979, 1914)
NRS 445A.560 Package plant for sewage treatment: Regulation by local governing body. No provision of this chapter prevents:
1. A local governing body or a health district from imposing its own conditions for approval of the operation of any package plant for sewage treatment located within its jurisdiction, which may be more stringent than those authorized by this chapter.
2. A local governing body from requiring the prior approval of proposed package plants for sewage treatment by a local committee created for this purpose.
3. A local governing body from converting connections to package plants for sewage treatment into connections to sewers provided by a public utility or a municipality or other public entity.
(Added to NRS by 1979, 1914)
NRS 445A.565 Protection of surface waters of higher quality; treatment of and control over discharges constituting new or increased sources of pollution.
1. Any surface waters of the State whose quality is higher than the applicable standards of water quality as of the date when those standards become effective must be maintained in their higher quality. No discharges of waste may be made which will result in lowering the quality of these waters unless it has been demonstrated to the Commission that the lower quality is justifiable because of economic or social considerations. This subsection does not apply to normal agricultural rotation, improvement or farming practices.
2. Any person who plans to discharge waste from any public or private project or development which would constitute a new or increased source of pollution to waters of the State whose quality is high shall, as part of the initial design of the project or development, provide:
(a) If the discharge will be from a point source, the highest and best degree of waste treatment available under the existing technology, consistent with the best practice in the particular field under the conditions applicable, and reasonably consistent with the economic capability of the project or development.
(b) If the discharge will be from a diffuse source, such measures, methods of operation or practices as are reasonably calculated or designed to prevent, eliminate or reduce water pollution from the source, under the circumstances pertaining to the particular place, in order to achieve control over water pollution which is reasonably consistent with the economic capability of the project or development.
3. This section does not limit a municipal sewage treatment plant in disposing of its solid sludge on land if the sludge is properly spread and incorporated into the soil.
(Added to NRS by 1979, 1029)
NRS 445A.570 Controls for diffuse sources: Conditions; delegation of administration to county or city.
1. The Commission may prescribe controls for diffuse sources as follows:
(a) To any diffuse source existing on July 1, 1979, if the Director determines that the source is significantly causing or adding to water pollution in violation of a water quality standard.
(b) To any diffuse source created after July 1, 1979, if controls are necessary to prevent the degradation of any water of high quality in the waters of the State.
2. The Department shall delegate, to each county or city which so requests, other than a county to which NRS 244A.571 and 244A.573 apply or a city within such a county, the Administration of the Department’s controls of diffuse sources, if the Director finds that the county or city has the necessary money and staff to administer the program effectively. If such a delegation is made both to a county and to a city within it, the city has authority within its corporate limits and the county has authority outside those limits.
(Added to NRS by 1979, 1029)
NRS 445A.572 Plans, recommendations and policies to manage, control and mitigate water pollution resulting from diffuse sources; availability of certain information to public.
1. In addition to any controls prescribed by the Commission pursuant to NRS 445A.570, the Department may develop plans, recommendations and policies consistent with any applicable federal requirements for diffuse sources to manage, control and mitigate water pollution resulting from diffuse sources. Such plans, recommendations and policies may, without limitation:
(a) Identify surface waters of this State that cannot reasonably be expected to attain or maintain state water quality standards and goals without additional action by the State to control water pollution resulting from diffuse sources;
(b) Identify the major categories of diffuse sources that contribute significant pollution to the surface waters of the State;
(c) Determine methods to facilitate the implementation of the best management practices, projects and measures to control each category of diffuse sources identified pursuant to paragraph (b); and
(d) Identify public and private sources of expertise, technical assistance, financial assistance, education assistance, training and technological resources to address water pollution resulting from diffuse sources.
2. The Department shall make any information received pursuant to paragraph (d) of subsection 1 available to the public upon request.
(Added to NRS by 2021, 3410)
NRS 445A.575 Unlawful discharge of radiological, chemical or biological warfare agent or high-level radioactive waste. It is unlawful to discharge any radiological, chemical or biological warfare agent or high-level radioactive waste into any waters of the State.
(Added to NRS by 1973, 1713)
NRS 445A.580 Continuing planning process. The Department shall establish a continuing planning process consistent with all applicable federal requirements which results in plans for all waters of the State and includes:
1. Adequate effluent limitations and schedules of compliance;
2. The incorporation of all elements of any applicable areawide plans for management of waste and plans for basins under NRS 445A.300 to 445A.730, inclusive;
3. Total maximum daily load for pollutants and contaminants;
4. Procedures for revision of the plans;
5. Adequate authority for intergovernmental cooperation;
6. Adequate implementation, including schedules of compliance, for revised or new standards of water quality;
7. Controls over the disposition of all residual waste from any treatment of water;
8. An inventory and ranking, in order of priority, of needs for construction of treatment works; and
9. Controls over the injection of fluids through a well to prevent the degradation of underground water.
(Added to NRS by 1973, 1713; A 1985, 767)
NRS 445A.585 Permit required for construction of treatment works. A person shall not begin the construction of any treatment works without a permit issued by the Department.
(Added to NRS by 1973, 1714; A 1981, 1582)
NRS 445A.590 Permits: Notice of application to certain persons and entities; inapplicability to temporary permits.
1. The Department shall notify each interested person, appropriate governmental agency and affected Indian tribe of each complete application for a permit, and shall provide them an opportunity to submit their written views and recommendations thereon. The provisions of this subsection do not apply to an application for a temporary permit issued pursuant to NRS 445A.485.
2. Notification must be in the manner provided in the regulations adopted by the Commission pursuant to applicable federal law.
3. If the treatment works are to discharge into any waters of this State which flow directly or ultimately into an irrigation reservoir upstream from which are located urban areas in two or more counties and if each county has a population of 55,000 or more, the Department must include in its notification each city, county, unincorporated town and irrigation district located downstream from the point of discharge. Notice to an unincorporated town must be given to the town board or advisory council if there is one.
(Added to NRS by 1973, 1714; A 1981, 1582; 1989, 1927; 1991, 1742; 2001, 1991; 2011, 1262; 2021, 3414)
NRS 445A.595 Permits: Request for public hearing on application; notice of hearing; inapplicability to temporary permits. The Commission shall provide by regulation:
1. An opportunity for each permit applicant, interested agency, city, county, Indian tribe or irrigation district located downstream from the point of discharge, or any person to request a public hearing conducted by the Director with respect to each permit application; and
2. For public notice of the hearing, at least 30 days before the date of the hearing.
Ê The provisions of this section do not apply to an application for a temporary permit issued pursuant to NRS 445A.485.
(Added to NRS by 1973, 1714; A 1977, 69; 1981, 1582; 1991, 1742; 2021, 3415)
NRS 445A.600 Revocation, modification or suspension of permits: Grounds; effective date; petition for modification.
1. Any permit issued under NRS 445A.495 to 445A.510, inclusive, may be revoked, modified or suspended in whole or in part during its term for cause including but not limited to the following:
(a) Violating any terms or conditions of the permit;
(b) Obtaining a permit by misrepresentation or failure to disclose fully all relevant facts; or
(c) A change in conditions, or the existence of a condition, which requires either a temporary or permanent reduction or an elimination of the permitted activity.
Ê Any such revocation, modification or suspension is effective no later than 30 days after the permit holder receives written notice, issued by the Director, of the facts or conduct warranting such action.
2. Any permit issued under NRS 445A.495 to 445A.510, inclusive, may be modified by the Director during its term if the permit holder petitions the Director requesting a modification.
(Added to NRS by 1973, 1714; A 1977, 796)
NRS 445A.605 Appeals to Commission: Appealable matters; action by Commission.
1. Any person aggrieved by:
(a) The issuance, denial, renewal, suspension or revocation of a permit; or
(b) The issuance, modification or rescission of any other order,
Ê by the Director may appeal to the Commission.
2. The Commission shall affirm, modify or reverse any action of the Director which is appealed to it.
(Added to NRS by 1973, 1714; A 1979, 1028)
NRS 445A.610 Appeals to Commission: Hearings.
1. Within 20 days after receipt of the notice of appeal provided for in NRS 445A.605, the Commission shall hold a hearing.
2. Notice of the hearing shall be given to all affected parties no less than 5 days prior to the date set for the hearing.
3. The Commission may sit en banc or in panels of three or more to conduct hearings.
4. The attendance of witnesses and the production of documents may be subpoenaed by the Commission at the request of any party. Witnesses shall receive the fees and mileage allowed witnesses in civil cases. Costs of subpoenas shall be taxed against the requesting party.
5. All testimony shall be given under oath, and recorded verbatim by human or electronic means.
6. Costs of transcribing proceedings of the Commission shall be taxed against the requesting party.
(Added to NRS by 1973, 1714)
NRS 445A.615 Issuance of permit for Department of Wildlife to kill fish through use of toxicants.
1. The Director may issue a permit to the Department of Wildlife to kill fish through the use of toxicants.
2. The permit must indicate the terms and conditions under which the use of toxicants may take place.
(Added to NRS by 1973, 1715; A 1979, 910; 1987, 563; 1993, 1622; 2003, 1564)
NRS 445A.620 Certification of applicant if federal license or permit required.
1. The Director may grant, deny or waive, in compliance with regulations prescribed by the Commission, certification of an applicant with respect to facilities or activities within the State for which a federal license or permit is required.
2. No action may be taken by the Director until there has been public notice and an opportunity for a public hearing.
(Added to NRS by 1973, 1715)
NRS 445A.625 Radioactive and hazardous wastes: Permit to discharge, deposit, generate or dispose of required. The Department may issue, pursuant to NRS 445A.630, 445A.635 and 445A.640, a written permit to an applicant for that person to discharge, deposit, generate or dispose of any radioactive or hazardous waste.
(Added to NRS by 1973, 1715; A 1995, 1037; 2003, 2114)
NRS 445A.630 Radioactive and hazardous wastes: Conditions of permit.
1. The Department may include in any permit issued pursuant to NRS 445A.625, such reasonable terms and conditions as are from time to time required for the purposes of NRS 445A.300 to 445A.730, inclusive.
2. The terms or conditions which may be imposed include, without limitation:
(a) Duration of use or operation;
(b) Monitoring or reporting the volume of discharge or disposal; and
(c) Treatment of wastes.
(Added to NRS by 1973, 1715)
NRS 445A.635 Radioactive and hazardous wastes: Bond for compliance with permit. The permit holder shall, as a condition of receiving a permit, deposit with the State Treasurer a bond, with or without surety as the Department may in its discretion require, or other security to assure that the permitted activities will be conducted in compliance with the terms and conditions of the permit and that upon abandonment, cessation or interruption of the permitted activities or facilities, appropriate measures will be taken to protect the waters of the State.
(Added to NRS by 1973, 1715)
NRS 445A.640 Radioactive and hazardous wastes: Permit does not relieve holder of any legal duty or liability. No permit issued pursuant to NRS 445A.625 relieves any person of any duty or liability to the State or to any other person existing or arising under any statute or under common law.
(Added to NRS by 1973, 1715)
NRS 445A.645 Radioactive and hazardous wastes: Violations; penalties.
1. Any person who violates the provisions of NRS 445A.625 to 445A.645, inclusive, or the terms and conditions specified in a permit issued under NRS 445A.625 to 445A.645, inclusive, is guilty of a gross misdemeanor.
2. Each day of violation is a separate offense.
(Added to NRS by 1973, 1715)
NRS 445A.650 Municipality may recover cost of sewage treatment and refuse to receive wastes. Any municipality may, with respect to any sewage collection, treatment or disposal facilities or projects:
1. Provide through the establishment and collection of rates, fees and charges for payment to that municipality by the industrial users of the sewage treatment works of that facility or project of the portion of any federal share of the cost of construction of those works allocable to the treatment of industrial waste in accordance with section 204(b)(1)(B) of the Federal Water Pollution Control Act Amendments of 1972 (33 U.S.C. § 1284(b)(1)(B)), as amended from time to time.
2. After notice of noncompliance and an opportunity for a public hearing, refuse to receive any sewage, liquid waste, solid waste, industrial waste, night soil or any other waste from any other municipality which fails to comply with any provision of an approved plan for areawide waste treatment management prepared pursuant to section 208 of the Federal Water Pollution Control Act Amendments of 1972 (33 U.S.C. § 1288), as amended from time to time.
(Added to NRS by 1979, 343)
NRS 445A.655 Entry and inspection of premises. To enforce the provisions of NRS 445A.300 to 445A.730, inclusive, or any regulation, order or permit issued thereunder, the Director or authorized representative of the Department may, upon presenting proper credentials:
1. Enter any premises in which any act violating NRS 445A.300 to 445A.730, inclusive, originates or takes place or in which any required records are required to be maintained;
2. At reasonable times, have access to and copy any records required to be maintained;
3. Inspect any equipment or method for continuing observation; and
4. Have access to and sample any discharges or injection of fluids into waters of the State which result directly or indirectly from activities of the owner or operator of the premises where the discharge originates or takes place or the injection of fluids through a well takes place.
(Added to NRS by 1973, 1715; A 1985, 768; 2021, 3415)
NRS 445A.660 Observation, recording and reporting of discharges. The Commission may by regulation, and the Department may by order or permit, require any person injecting or causing an injection of fluids through a well or the owner or operator of any source of a discharge into waters of the State or into treatment works to:
1. Establish and maintain such records;
2. Make such reports;
3. Install, calibrate, use and maintain such equipment or methods for continuing observation, including where appropriate, biological methods for continuing observation;
4. Sample such discharges or injections of fluids in accordance with such methods, at such locations, at such intervals and in such manner; and
5. Provide such other information relating to injections or discharges into waters of the State,
Ê as the Director prescribes or as is necessary to determine the existence, nature and frequency of any injections through a well or any discharges into waters of the State or into treatment works.
(Added to NRS by 1973, 1716; A 1985, 768)
NRS 445A.665 Public access to information; disclosure of confidential information.
1. Any records, reports or information obtained under NRS 445A.300 to 445A.730, inclusive, must be available to the public for inspection and copying unless the Director considers the record, report or information or part thereof as confidential on a satisfactory showing that the information contained therein, other than information describing a discharge into the waters of the State or injection of contaminants through a well, is entitled to protection as a trade secret of the informant.
2. Any record, report or information treated as confidential may be disclosed or transmitted to other officers, employees or authorized representatives of this State or the United States who:
(a) Carry out the provisions of NRS 445A.300 to 445A.730, inclusive; or
(b) Consider the information relevant in any proceeding under NRS 445A.300 to 445A.730, inclusive, and the information is admissible under the rules of evidence.
(Added to NRS by 1973, 1716; A 1985, 769)
NRS 445A.670 Attorney General to serve as legal counsel. The Attorney General shall serve as legal counsel for the Commission and the Department and shall, at the request of the Director, assist in the enforcement of the provisions of NRS 445A.300 to 445A.730, inclusive.
(Added to NRS by 1973, 1716)
NRS 445A.675 Violations: Remedies and sanctions; exception.
1. Except as otherwise provided in NRS 445A.707, if the Director finds that any person is engaged or is about to engage in any act or practice which violates any provision of NRS 445A.300 to 445A.730, inclusive, any standard or other regulation adopted by the Commission pursuant to those sections, or any permit issued by the Department pursuant to those sections, except for any violation of a provision concerning a diffuse source, the Director may:
(a) Issue an order pursuant to NRS 445A.690;
(b) Commence a civil action pursuant to NRS 445A.695 or 445A.700; or
(c) Request that the Attorney General institute by indictment or information a criminal prosecution pursuant to NRS 445A.705 and 445A.710.
2. The remedies and sanctions specified in subsection 1 are cumulative, and the institution of any proceeding or action seeking any one of the remedies or sanctions does not bar any simultaneous or subsequent action or proceeding seeking any other of the remedies or sanctions.
(Added to NRS by 1973, 1716; A 1979, 1028; 2001, 956; 2021, 3415)
NRS 445A.680 Violations: Provisions concerning surface waters of higher quality and diffuse sources; remedies; exception. Except as otherwise provided in NRS 445A.707, if the Director finds that any person is engaged or about to engage in any act or practice which violates any provision of NRS 445A.565, 445A.570 and 445A.572, or any standard or other regulation adopted pursuant thereto, with respect to a diffuse source:
1. The Director may issue an order:
(a) Specifying the provision or provisions of NRS 445A.300 to 445A.730, inclusive, or the regulation or order alleged to be violated or about to be violated;
(b) Indicating the facts alleged which constitute a violation thereof; and
(c) Prescribing the necessary corrective action to be taken and a reasonable period for completing that corrective action,
Ê but no civil or criminal penalty may be imposed for failure to obey the order.
2. If the corrective action is not taken or completed, or without the Director first issuing an order:
(a) The Director may commence a civil action pursuant to NRS 445A.695; or
(b) The Department may compel compliance by injunction or other appropriate remedy pursuant to subsection 4 of NRS 445A.700.
(Added to NRS by 1979, 1030; A 2001, 957; 2019, 3978; 2021, 3415)
NRS 445A.685 Violations: Specific remedies do not impair other rights. No remedy or sanction provided for in NRS 445A.300 to 445A.730, inclusive, impairs any right which the Director or any person has under any statute or common law.
(Added to NRS by 1973, 1717)
NRS 445A.690 Violations: Compliance orders; exception.
1. Except as otherwise provided in NRS 445A.707, if the Director finds that any person is engaged or is about to engage in any act or practice which constitutes or will constitute a violation of any provision of NRS 445A.300 to 445A.730, inclusive, or of any rule, regulation or standard promulgated by the Commission, or of any permit or order issued by the Department pursuant to NRS 445A.300 to 445A.730, inclusive, the Director may issue an order:
(a) Specifying the provision or provisions of NRS 445A.300 to 445A.730, inclusive, or the regulation or order alleged to be violated or about to be violated;
(b) Indicating the facts alleged which constitute a violation thereof; and
(c) Prescribing the necessary corrective action to be taken and a reasonable period for completing that corrective action.
2. Any compliance order is final and is not subject to review unless the person against whom the order is issued, within 30 days after the date on which the order is served, requests by written petition a hearing before the Commission.
(Added to NRS by 1973, 1717; A 2001, 957; 2021, 3416)
NRS 445A.695 Violations: Injunctive relief; exception.
1. Except as otherwise provided in NRS 445A.707, the Director may seek injunctive relief in the appropriate court to prevent the continuance or occurrence of any act or practice which violates any provision of NRS 445A.300 to 445A.730, inclusive, or any permit, rule, regulation or order issued pursuant thereto.
2. On a showing by the Director that a person is engaged, or is about to engage, in any act or any practice which violates or will violate any of the provisions of NRS 445A.300 to 445A.730, inclusive, or any rule, regulation, standard, permit or order issued pursuant to those provisions, the court may issue, without bond, any prohibitory and mandatory injunctions that the facts may warrant, including temporary restraining orders issued ex parte or, after notice and hearing, preliminary injunctions or permanent injunctions.
3. Failure to establish lack of an adequate remedy at law or irreparable harm is not a ground for denying a request for a temporary restraining order or injunction.
4. The court may require the posting of a sufficient performance bond or other security to ensure compliance with the court order within the period prescribed.
(Added to NRS by 1973, 1717; A 2001, 957; 2021, 3416)
NRS 445A.700 Violations: Civil penalties; enforcement proceedings.
1. Except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, a person who violates or aids or abets in the violation of any provision of NRS 445A.300 to 445A.730, inclusive, or of any permit, regulation, standard or final order issued thereunder, except a provision concerning a diffuse source, shall pay a civil penalty of not more than $25,000 for each day of the violation. The civil penalty imposed by this subsection is in addition to any other penalties provided pursuant to NRS 445A.300 to 445A.730, inclusive.
2. Except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, in addition to the penalty provided in subsection 1, the Department may recover from the person actual damages to the State resulting from the violation of NRS 445A.300 to 445A.730, inclusive, any regulation or standard adopted by the Commission, or permit or final order issued by the Department, except the violation of a provision concerning a diffuse source.
3. Damages may include:
(a) Any expenses incurred in removing, correcting and terminating any adverse effects resulting from a discharge or the injection of contaminants through a well; and
(b) Compensation for any loss or destruction of wildlife, fish or aquatic life.
4. In addition to any other remedy provided by this chapter, the Department may compel compliance with any provision of NRS 445A.300 to 445A.730, inclusive, or of any permit, regulation, standard or final order adopted or issued thereto, by injunction or other appropriate remedy. The Department may institute and maintain in the name of the State of Nevada any such enforcement proceedings.
(Added to NRS by 1973, 1717; A 1979, 1030; 1985, 769; 1987, 174; 1997, 1080; 2019, 3978; 2021, 3416)
NRS 445A.705 Violations: Criminal penalties.
1. Except as otherwise provided in NRS 445A.710 or unless a greater penalty is prescribed by NRS 459.600, a person who intentionally or with criminal negligence violates NRS 445A.465 or 445A.575, any limitation established pursuant to NRS 445A.525 and 445A.530, the terms or conditions of a permit issued pursuant to NRS 445A.495 to 445A.515, inclusive, or any final order issued under NRS 445A.690, except a final order concerning a diffuse source, is guilty of a gross misdemeanor and shall be punished by a fine of not more than $25,000 for each day of the violation or by imprisonment in the county jail for not more than 364 days, or by both fine and imprisonment.
2. If the conviction is for a second violation of the provisions indicated in subsection 1, the person is guilty of a category D felony and shall be punished as provided in NRS 193.130.
3. The penalties imposed by subsections 1 and 2 are in addition to any other penalties, civil or criminal, provided pursuant to NRS 445A.300 to 445A.730, inclusive.
(Added to NRS by 1973, 1718; A 1979, 1031; 1987, 174; 1991, 829; 1995, 1279; 2013, 986)
NRS 445A.707 Director to conduct independent investigation before determining whether to take certain corrective actions; exception.
1. Except as otherwise provided in subsection 2, before determining whether to issue an order, commence a civil action, seek injunctive relief or request that the Attorney General institute a criminal prosecution pursuant to NRS 445A.675, 445A.680, 445A.690 or 445A.695, the Director shall, if possible, conduct an independent investigation of the alleged act or practice for which the Director is making the determination.
2. The Director is not required to conduct an independent investigation pursuant to subsection 1 if:
(a) The Director’s determination to take any action specified in that subsection is based on information that is provided to the Director by the holder of a permit issued pursuant to NRS 445A.300 to 445A.730, inclusive; or
(b) The alleged act or practice:
(1) Occurs on land that is managed or controlled by the United States Department of Defense or Department of Energy; or
(2) Creates an imminent and substantial danger to the public health or the environment.
(Added to NRS by 2001, 956)
NRS 445A.710 Furnishing false information or tampering with device unlawful; penalties.
1. Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan or other document filed or required to be maintained by the provisions of NRS 445A.300 to 445A.730, inclusive, or by any permit, rule, regulation or order issued pursuant thereto, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required to be maintained under the provisions of NRS 445A.300 to 445A.730, inclusive, or by any permit, rule, regulation or order issued pursuant thereto, is guilty of a gross misdemeanor and shall be punished by a fine of not more than $10,000 or by imprisonment in the county jail for not more than 364 days, or by both fine and imprisonment.
2. The penalty imposed by subsection 1 is in addition to any other penalties, civil or criminal, provided pursuant to NRS 445A.300 to 445A.730, inclusive.
(Added to NRS by 1973, 1718; A 2013, 987; 2021, 3417)
NRS 445A.715 Procedure for administrative hearing. Hearings initiated pursuant to NRS 445A.300 to 445A.730, inclusive, shall be held before the Commission and comply with the provisions of such rules and regulations as the Commission may prescribe.
(Added to NRS by 1973, 1718; A 2021, 3417)
NRS 445A.720 Final authority concerning prevention, abatement and control of water pollution. The Department has the final authority in the administration of water pollution prevention, abatement and control. No other department or agency of the State and no municipal corporation, county or other political subdivision having jurisdiction over water pollution prevention, abatement and control may permit, under authority of such jurisdiction, the discharge of wastes into the waters of the State which would result in the pollution of any of such waters in excess of any water quality standard promulgated by the Commission.
(Added to NRS by 1973, 1718)
NRS 445A.725 Provisions of title 48 of NRS unaffected. Nothing in NRS 445A.300 to 445A.730, inclusive, shall be construed to amend, modify or supersede the provisions of title 48 of NRS or any rule, regulation or order promulgated or issued thereunder by the State Engineer.
(Added to NRS by 1973, 1719; A 2021, 3417)
NRS 445A.730 Effective date of regulations and standards. All rules, regulations and standards promulgated by the State Commission of Environmental Protection and the State Board of Health pertaining to water pollution control in force on July 1, 1973, shall remain in effect until such time as revised by the State Environmental Commission pursuant to NRS 445A.300 to 445A.730, inclusive.
(Added to NRS by 1973, 1719)
PUBLIC WATER SYSTEMS
NRS 445A.800 Declaration of state policy. It is the policy of this State to provide for water which is safe for drinking and other domestic purposes and thereby promote the public health and welfare.
(Added to NRS by 1977, 442)
NRS 445A.805 Definitions. As used in NRS 445A.800 to 445A.955, inclusive, unless the context otherwise requires, the words and terms defined in NRS 445A.807 to 445A.850, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1977, 443; A 1991, 403, 614; 1995, 1585; 1999, 1867; 2005, 551; 2013, 210; 2017, 279; 2023, 1264)
NRS 445A.807 “Capability” defined. “Capability” has the meaning ascribed to the term “capacity” in 43 U.S.C. §§ 300g-9 and 300j-12.
(Added to NRS by 1999, 1864)
NRS 445A.8075 “Commission” defined. “Commission” means the State Environmental Commission.
(Added to NRS by 2005, 551)
NRS 445A.808 “Community water system” defined. “Community water system” means a public water system that:
1. Has at least 15 service connections used by year-round residents of the area served by the system; or
2. Regularly serves at least 25 year-round residents of the area served by the system.
(Added to NRS by 1999, 1865)
NRS 445A.810 “Contaminant” defined. “Contaminant” means any physical, chemical, biological, radiological or other substance which can cause or transmit infectious disease, chemical poisoning, chronic disease or other impairment to humans.
(Added to NRS by 1977, 443)
NRS 445A.812 “District board of health” defined. “District board of health” means a district board of health created pursuant to NRS 439.362 or 439.370.
(Added to NRS by 2005, 551)
NRS 445A.814 “Division” defined. “Division” means the Division of Environmental Protection of the State Department of Conservation and Natural Resources.
(Added to NRS by 2005, 551)
NRS 445A.815 “Federal Act” defined. “Federal Act” means the Safe Drinking Water Act, 42 U.S.C. §§ 300f et seq., as amended.
(Added to NRS by 1977, 443; A 1999, 1867)
NRS 445A.817 “Financial capability” defined. “Financial capability” means the ability of a public water system to:
1. Pay the costs related to maintenance, operations, depreciation and capital expenses;
2. Maintain creditworthiness; and
3. Establish and maintain adequate fiscal controls and accounting methods required for the operation of the system.
(Added to NRS by 1999, 1865)
NRS 445A.824 “Local governing body” defined. “Local governing body” means:
1. The governing body of an incorporated city in which is located within the limits of the incorporated city all or any part of an area serviced by a water system; or
2. The board of county commissioners of a county in which is located within the unincorporated area of the county all of an area serviced by a water system.
(Added to NRS by 2023, 1264)
NRS 445A.827 “Managerial capability” defined. “Managerial capability” means the ability of a public water system to conduct its administrative affairs in a manner that ensures compliance with all applicable standards based on:
1. The accountability, responsibility and authority of the owner or operator of the system;
2. The personnel and organization of the system; and
3. The ability of the persons who manage the system to work with:
(a) Jurisdictional, regulatory and other governmental agencies;
(b) Trade and industry organizations; and
(c) The persons served by the system.
(Added to NRS by 1999, 1865)
NRS 445A.828 “Noncommunity water system” defined. “Noncommunity water system” means a public water system that is not a community water system.
(Added to NRS by 1999, 1865)
NRS 445A.829 “Nontransient water system” defined. “Nontransient water system” means a noncommunity water system that regularly serves at least 25 of the same persons for more than 6 months per year.
(Added to NRS by 1999, 1865)
NRS 445A.830 “Operator” defined. “Operator” means a person regularly in charge of the day-to-day operations of a public water system.
(Added to NRS by 1991, 613)
NRS 445A.835 “Person” defined. “Person” includes the State of Nevada, any political subdivision of this or another state, and any agency of the United States.
(Added to NRS by 1977, 443)
NRS 445A.838 “Public utility” defined. “Public utility” has the meaning ascribed to it in NRS 704.020.
(Added to NRS by 1999, 1865)
NRS 445A.840 “Public water system” defined. “Public water system” has the meaning ascribed to it in NRS 445A.235.
(Added to NRS by 1977, 443; A 1999, 1867)
NRS 445A.843 “Service connection” defined.
1. “Service connection” means:
(a) The point of connection between a public water system and the system used by a customer of the public water system to obtain water from that system, at which point the public water system loses its control over the use of the water;
(b) If a meter is installed between a public water system and the system used by a customer of the public water system to obtain water from that system, the downstream end of the meter or meter assembly; or
(c) At a park for mobile homes or recreational vehicles, the point of connection of the mobile home or recreational vehicle to the riser for water service of the public water system that serves the park.
2. The term does not include a connection to a system that delivers water which is exempted pursuant to 42 U.S.C. § 300f(4)(B).
(Added to NRS by 1999, 1865)
NRS 445A.845 “Supplier of water” defined. “Supplier of water” means a person who owns, controls or operates a public water system.
(Added to NRS by 1977, 443)
NRS 445A.847 “Technical capability” defined. “Technical capability” means the ability of a public water system to:
1. Obtain an adequate and reliable source of water that is necessary to provide the quantity and quality of water required by the system;
2. Establish and maintain an adequate infrastructure for the treatment, storage and distribution of the quantity and quality of water required by the system; and
3. Employ operators who have the technical knowledge and ability to operate the system.
(Added to NRS by 1999, 1865)
NRS 445A.848 “Transient water system” defined. “Transient water system” means a noncommunity water system that does not regularly serve at least 25 of the same persons for more than 6 months per year.
(Added to NRS by 1999, 1866)
NRS 445A.850 “Water system” defined. “Water system” means any privately owned public water system which serves at least 15 service connections that are used by residents throughout the year or regularly serves at least 25 residents throughout the year. The term does not include a public utility which serves more than 25,000 persons.
(Added to NRS by 1991, 401)
NRS 445A.855 Commission: Adoption of primary and secondary standards of drinking water. The Commission shall adopt by regulation:
1. Primary drinking water standards which prescribe the maximum permissible levels for contaminants in any public water system and provide for the monitoring and reporting of water quality. In establishing the standards, the Commission shall consider, among other things, the standards established pursuant to the Federal Act.
2. Secondary drinking water standards which reasonably ensure that drinking water is aesthetically adequate.
(Added to NRS by 1977, 443; A 1981, 1900; 2005, 551)
NRS 445A.860 Commission: Adoption of regulations. In addition to the regulations required to be adopted pursuant to NRS 445A.880, the Commission:
1. Shall adopt regulations establishing procedures for a system of permits to operate water systems which are constructed on or after July 1, 1991.
2. May adopt such other regulations as may be necessary to govern the construction, operation and maintenance of public water systems if those activities affect the quality of water, but the regulations do not supersede any regulation of the Public Utilities Commission of Nevada.
3. May establish by regulation a system for the issuance of operating permits for suppliers of water and set a reasonable date after which a person shall not operate a public water system constructed before July 1, 1991, without possessing a permit issued by the Division or the appropriate district board of health.
4. May adopt such other regulations as may be necessary to ensure that a community water system or nontransient water system that commences operation on or after October 1, 1999, demonstrates the technical capability, managerial capability and financial capability to comply with 40 C.F.R. Part 141, but the regulations do not supersede any regulation of the Public Utilities Commission of Nevada or the authority of the Public Utilities Commission of Nevada or other state agencies or local governing bodies to issue permits or certificates of authority for suppliers of water.
5. May adopt such other regulations as may be necessary to evaluate the technical capability, managerial capability and financial capability of a community water system or nontransient water system that commenced operation before October 1, 1999, to comply with 40 C.F.R. Part 141, but the regulations do not supersede any regulation of the Public Utilities Commission of Nevada or the authority of the Public Utilities Commission of Nevada or other state agencies or local governing bodies to issue permits or certificates of authority for suppliers of water.
6. May establish by regulation reasonable fees as may be necessary to carry out the provisions of NRS 445A.800 to 445A.955, inclusive. All fees collected pursuant to this subsection must be deposited in the account created pursuant to NRS 445A.861.
7. May adopt such other regulations as may be necessary to carry out the provisions of NRS 445A.800 to 445A.955, inclusive.
(Added to NRS by 1977, 443; A 1985, 336; 1991, 403, 614; 1997, 1996; 1999, 1867; 2005, 551; 2017, 279)
NRS 445A.861 Deposit and use of fees.
1. All fees collected pursuant to NRS 278.3295 and subsection 6 of NRS 445A.860 must be deposited in a separate account created in the State General Fund. The State Department of Conservation and Natural Resources shall administer the account.
2. The money in the account must be expended only to pay for the costs to carry out the provisions of NRS 278.3295, 278.335, 278.377 and 445A.800 to 445A.955, inclusive, or for any other purpose authorized by the Legislature.
3. The interest and income earned on the money in the account, after deducting any applicable charges, must be credited to the account.
(Added to NRS by 2017, 278)
NRS 445A.863 Certification of laboratories for analysis of water; requirements for performance of certain analyses.
1. The Commission shall provide by regulation standards for the certification of laboratories for the analysis of water pursuant to NRS 445A.800 to 445A.955, inclusive. An analysis required pursuant to any provision of NRS 445A.800 to 445A.955, inclusive, or required by a lender as a condition precedent to the transfer of real property must be performed by a laboratory that is certified in accordance with the standards adopted by the Commission pursuant to this subsection.
2. The certifying officer shall conduct an evaluation at the site of each laboratory to determine whether the laboratory is using the methods of analysis required by this section in an acceptable manner, applying procedures required by regulation for the control of quality and making results available in a timely manner.
3. For analyses required pursuant to NRS 445A.800 to 445A.955, inclusive, or by a lender as a condition precedent to the transfer of real property, the methods used must comply with the Federal Act.
4. A laboratory may be certified to perform analyses for the presence of one or more specified contaminants or to perform all analyses required pursuant to NRS 445A.800 to 445A.955, inclusive.
(Added to NRS by 1995, 1585; A 1999, 1133, 1868; 2001, 74; 2005, 552)
NRS 445A.865 Commission: Contracts; assistance; hearings; subpoenas. To carry out the provisions and purposes of NRS 445A.800 to 445A.955, inclusive, the Commission may:
1. Through the Administrator of the Division:
(a) Enter into agreements, contracts or cooperative arrangements with other state agencies, federal or interstate agencies, municipalities, local health departments, educational institutions or other organizations or persons.
(b) Accept financial and technical assistance from the Federal Government, other public agencies or private contributors.
2. Hold hearings and issue subpoenas requiring the attendance of witnesses and the production of evidence.
(Added to NRS by 1977, 443; A 1981, 82; 1983, 837; 2005, 552)
NRS 445A.870 Advisory board regarding certification of operators: Appointment; membership; compensation of members.
1. The Commission may appoint an advisory board to act in an advisory capacity in matters relating to the certification of operators of community water systems or noncommunity water systems.
2. If such an advisory board is appointed:
(a) At least one member of the advisory board must be a member of the American Water Works Association.
(b) At least one member of the advisory board must be a member of the Nevada Rural Water Association or its successor organization.
(c) One member of the advisory board may represent the general public.
3. Each member of the advisory board serves without compensation. While engaged in the business of the advisory board, each member of the advisory board is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally, to the extent that money is made available for that purpose.
(Added to NRS by 1991, 613; A 1999, 1868; 2005, 552)
NRS 445A.875 Certification of operators: Requirement; exception; operation of multiple systems; presence of operator on-site.
1. Except as otherwise provided in subsection 2, a person shall not act as an operator of a community water system or noncommunity water system unless the person has obtained a certificate to operate such a water system from the Division.
2. An operator of a transient water system is not required to obtain a certificate to operate a noncommunity water system if the system is designated by the Division as being supplied by groundwater that is not under the direct influence of surface water.
3. An operator may be certified to operate more than one community water system or noncommunity water system.
4. This section does not require a certified operator to be on-site at a community water system or noncommunity water system during all hours of operation.
(Added to NRS by 1991, 613; A 1999, 1868; 2005, 553)
NRS 445A.880 Certification of operators: Regulations; fees; examination; exemption from examination.
1. The Commission shall adopt regulations to establish:
(a) A system of classification of operators of community water systems and noncommunity water systems who are required to be certified pursuant to NRS 445A.875;
(b) Requirements for certification for each class of operator;
(c) Reasonable fees for issuing and renewing certificates; and
(d) Requirements for continuing education for the renewal of a certificate.
2. The fees so collected must only be used to:
(a) Defray the cost of issuing and renewing certificates; and
(b) Pay any expenses incurred by the Division in carrying out its duties relating to operators of community water systems and noncommunity water systems.
3. The Division shall establish and administer examinations to determine the eligibility of any person who applies for certification. An applicant is entitled to certification upon satisfaction of the requirements of the Commission and payment of the applicable fee. The Division may enter into a contract with the American Water Works Association or another person, organization or agency to carry out or assist the Division in carrying out the provisions of this subsection.
4. The Division may grant such certification, without examination, to an applicant who holds current certification by the California/Nevada section of the American Water Works Association or by another organization whose requirements for certification are equivalent to the requirements for certification established by the Commission pursuant to subsection 1.
(Added to NRS by 1991, 614; A 1999, 1869; 2005, 553)
NRS 445A.885 Systems constructed after June 30, 1991: Requirements for permit.
1. Except as otherwise provided in subsection 2, no water system which is constructed on or after July 1, 1991, may operate unless the owner of the water system receives a permit to operate the water system from the Division or the district board of health designated by the Commission. The owner of such a water system is entitled to a permit to operate the water system upon satisfaction of the requirements set forth in NRS 445A.885 to 445A.915, inclusive, and the requirements set forth in the regulations adopted by the Commission pursuant to NRS 445A.860.
2. Subsection 1 does not apply to the expansion of a public utility.
(Added to NRS by 1991, 401; A 2005, 554)
NRS 445A.890 Systems constructed after June 30, 1991: Preliminary requests for comments. Before making the finding specified in NRS 445A.910 and before making the determinations specified in NRS 244.3655, 268.4102 and 445A.895, the Commission or Division, as applicable, shall request comments from the:
1. Public Utilities Commission of Nevada;
2. State Engineer;
3. Local government within whose jurisdiction the water system is located; and
4. Owner of the water system.
(Added to NRS by 1991, 401; A 1997, 1996; 2005, 554; 2023, 1265)
NRS 445A.895 Systems constructed after June 30, 1991: Conditions for issuance of permit. A permit to operate a water system may not be issued pursuant to NRS 445A.885 unless all of the following conditions are met:
1. Neither water provided by a public utility nor water provided by a municipality or other public entity is available to the persons to be served by the water system.
2. The applicant fully complies with all of the conditions of NRS 445A.885 to 445A.915, inclusive.
3. The applicant submits to the Division or the district board of health designated by the Commission documentation issued by the State Engineer which sets forth that the applicant holds water rights that are sufficient to operate the water system.
4. The local governing body agrees:
(a) That, except as otherwise provided in paragraph (b), in the event of a default by the builder, developer or owner of the water system, the sole and exclusive obligation of the local governing body shall be to use the surety furnished to the local governing body pursuant to subsection 5 to contract with and pay the operator of the water system for the continued operation and maintenance of the water system.
(b) To assume the duty of assessing the lands served as provided in subsection 6 in the event of default by the builder, developer or owner of the water system.
5. The applicant furnishes the local governing body sufficient surety, in the form of a bond, certificate of deposit, investment certificate, properly established and funded reserve account or any other form acceptable to the governing body, to ensure the continued maintenance and operation of the water system:
(a) For 5 years following the date the system is placed in operation; or
(b) Until 75 percent of the lots or parcels served by the system are sold,
Ê whichever is later.
6. The owners of the lands to be served by the water system:
(a) Furnish the local governing body sufficient surety, in the form of a bond, certificate of deposit, investment certificate, properly established and funded reserve account or any other form acceptable to the governing body, to ensure the continued maintenance and operation of the water system and continued technical, financial and managerial capability of the water system; and
(b) Record a declaration of covenants, conditions and restrictions which is an equitable servitude running with the land and which must provide:
(1) That each lot or parcel will be assessed by the local governing body for its proportionate share of the cost of replenishing or augmenting the surety required pursuant to paragraph (a) as necessary for the continued operation and maintenance of the water system if there is a default by the builder, developer or owner of the water system:
(2) That the owners of the lands will annually provide the local governing body with a financial audit of the water system, including, without limitation, any reserve account, if established, to ensure the adequacy of the financial management of the water system; and
(3) An acknowledgment of and agreement with the obligations of the local governing body pursuant to subsection 4 and subsection 3 of NRS 445A.905.
7. If the water system uses or stores ozone, the portion of the system where ozone is used or stored must be constructed not less than 100 feet from any existing residence, unless the owner and occupant of each residence located closer than 100 feet consent to the construction of the system at a closer distance.
8. The owners of the lands to be served by the water system record a declaration of covenants, conditions and restrictions, which is an equitable servitude running with the land, and provides that if the Division determines that:
(a) The water system is not satisfactorily serving the needs of its users; and
(b) Water provided by a public utility or a municipality or other public entity is reasonably available,
Ê the local governing body shall, in a county whose population is 700,000 or more, and may, in all other counties, pursuant to NRS 244.3655 or 268.4102, require all users of the water system to connect into the available water system provided by a public utility or a municipality or other public entity, and each lot or parcel will be assessed by the local governing body for its proportionate share of the costs associated with connecting into that water system. If the water system is being connected into a public utility, the Public Utilities Commission of Nevada shall determine the amount of the assessments for the purposes of establishing a lien pursuant to NRS 445A.900.
9. Provision has been made for disposition of the water system and the land on which it is situated after the local governing body requires all users to connect into an available water system provided by a public utility or a municipality or other public entity.
(Added to NRS by 1991, 401; A 1995, 2663; 1997, 1996; 2001, 549; 2005, 554; 2023, 1265)
NRS 445A.900 Systems constructed after June 30, 1991: Prerequisites to liens for assessments. No lien for the assessments provided by the covenants, conditions and restrictions described in NRS 445A.895 is binding upon the property until:
1. The local governing body, after a hearing, establishes the costs and apportions them to each lot or parcel; or
2. The Public Utilities Commission of Nevada determines the amount of the assessments,
Ê and the local governing body records a notice of lien in the office of the county recorder in the county in which the property is located.
(Added to NRS by 1991, 402; A 1997, 1997)
NRS 445A.905 Systems constructed after June 30, 1991: Disposition of proceeds of assessments and sureties.
1. The proceeds of any assessments upon lots or parcels and the sureties required pursuant to NRS 445A.895 must be deposited with the treasurer of the local governing body which received them, and they may be expended only for the:
(a) Continued maintenance and operation of the water system;
(b) Replacement of the water system if necessary; and
(c) Payment of the costs, including, but not limited to, the direct costs of connection and the costs of necessary new or rehabilitated facilities and any necessary water rights, associated with connection to any water system provided by a public utility or a municipality or other public entity that becomes reasonably available.
2. If any surplus exists in the proceeds of assessments and the sureties required pursuant to NRS 445A.895 after all purposes of the assessments and sureties have been fully met, the surplus must be refunded to the persons who paid the assessments and sureties, in the proportion that their respective assessments and sureties bear to the gross proceeds of all assessments and sureties collected by the local governing body.
3. For the purposes set forth in subsection 1, the local governing body is not obligated to:
(a) Expend money from any source other than the assessments and surety deposited pursuant to NRS 445A.895;
(b) Extend credit on behalf of a builder, developer or owner of land to be served by the water system; or
(c) Collect any unpaid assessment, unless the local governing body has agreed to assume the duty for the assessments pursuant to subsection 4 of NRS 445A.895.
(Added to NRS by 1991, 402; A 2023, 1266)
NRS 445A.910 Systems constructed after June 30, 1991: Assumption of control by local governing body.
1. If the Division has found that any of the conditions of a permit to operate a water system issued pursuant to NRS 445A.885 are being violated and has notified the holder of the permit that he or she must bring the water system into compliance, but the holder of the permit has failed to comply within a reasonable time after the date of the notice, the local governing body, if requested to do so in writing by the Division, may take the following actions independently of any further action by the Division:
(a) Give written notice, by certified mail, to the owner of the water system and the owners of the property served by the system that if the violation is not corrected within 30 days after the date of the notice, the local governing body will seek a court order authorizing it to assume control; and
(b) After the 30-day period has expired, if the water system has not been brought into compliance, apply to the district court for an order authorizing the local governing body to assume control of the system and assess the property for the continued operation and maintenance of the system as provided in subsection 6 of NRS 445A.895.
2. If the local governing body determines at any time that immediate action is necessary to protect the public health and welfare, it may assume physical control and operation of a water system without complying with any of the requirements set forth in subsection 1. The local governing body may not maintain control of a water system pursuant to this subsection for a period greater than 30 days unless it obtains an order from the district court authorizing an extension.
(Added to NRS by 1991, 403; A 2001, 550; 2005, 555)
NRS 445A.915 Systems constructed after June 30, 1991: Effect of provisions. The provisions of NRS 445A.885 to 445A.915, inclusive, do not prevent:
1. A local governing body or a health district from imposing its own conditions for approval of the operation of any water system located within its jurisdiction, which may be more stringent than those authorized by NRS 445A.885 to 445A.915, inclusive.
2. A local governing body from requiring the prior approval of a proposed water system by a local committee created for that purpose.
3. A local governing body from converting service connections to water systems into service connections to water systems provided by a public utility or a municipality or other public entity.
(Added to NRS by 1991, 403; A 1999, 1870)
NRS 445A.920 Review and approval of plans and specifications by Commission or district board of health.
1. Except as otherwise provided in subsection 2, plans and specifications for any substantial addition to or alteration of a public water system subject to a regulation of the Commission must be submitted to the Division or the appropriate district board of health for review and approval.
2. A public water system is not required to submit any plans and specifications if the addition or alteration complies with standards previously approved by the Division or the appropriate district board of health.
3. In approving the plans and specifications, the Division or the appropriate district board of health may require such modifications or impose such conditions as are necessary to carry out the provisions of NRS 445A.800 to 445A.955, inclusive.
(Added to NRS by 1977, 444; A 2005, 556)
NRS 445A.925 Duties of Division and district boards of health.
1. The Division and the district boards of health shall:
(a) Enforce the provisions of NRS 445A.800 to 445A.955, inclusive, and regulations adopted pursuant thereto; and
(b) Make such investigations and inspections as are necessary to ensure compliance with those sections and regulations.
2. Any representative of the Division or the appropriate district board of health may enter the property of any public water system at any reasonable time for the purpose of inspecting and investigating the adequacy and sanitary condition of the system and the quality of its water.
3. Except in an emergency, the Division or the appropriate district board of health shall notify and permit the supplier of water to be present when an inspection or investigation is being conducted.
(Added to NRS by 1977, 444; A 1991, 404, 614; 2005, 556)
NRS 445A.930 Imminent hazard; issuance and review of emergency order; public warning.
1. An imminent hazard exists if the Division, after consulting with the district board of health and the supplier of water, determines that a contaminant is or will be found in a public water system and the contaminant is a serious risk to public health.
2. To eliminate an imminent hazard, the Division may issue an emergency order requiring the supplier of water immediately to take action necessary to protect the public health. An emergency order may require that a supplier of water cease distributing the water.
3. Such an emergency order is effective immediately and is not subject to review unless the supplier to whom the order is issued, within 30 days after the date the order is served, petitions for a hearing before the Division.
4. Whenever conditions of a public water system are such as to require immediate action to protect the public health, the Division may issue public warnings in such manner as the Division determines to be suitable.
(Added to NRS by 1977, 444; A 2005, 556)
NRS 445A.935 Variance or exemption from regulation of Commission: Application; notice and hearing; participation of Public Utilities Commission of Nevada.
1. A supplier of water may apply to the Commission for a variance or exemption from the regulations of the Commission. The Commission may grant variances or exemptions after notice and public hearing.
2. A supplier of water shall notify all users of the water system as soon as the Commission has scheduled a time and place for the public hearing on the application for a variance or exemption.
3. The Public Utilities Commission of Nevada may participate in the hearing.
(Added to NRS by 1977, 444; A 1981, 1900; 1997, 1998; 2005, 556)
NRS 445A.940 Notification to Division or district board of health and user of water system by supplier of water.
1. A supplier of water shall immediately notify the Division or the appropriate district board of health and the users of the supplier’s public water system whenever:
(a) The system is not in compliance with the primary drinking water standards;
(b) The supplier fails to perform any required monitoring of water quality;
(c) The supplier has been granted a variance or exemption by the Commission; or
(d) The supplier fails to comply with the conditions imposed by the Commission in granting the variance or exemption.
2. The notification must be in the form and manner prescribed by the Division.
(Added to NRS by 1977, 445; A 2005, 557)
NRS 445A.943 Issuance of orders by Division.
1. If the Division has reason to believe that a person is engaging or has engaged in any act or practice which violates the provisions of NRS 445A.800 to 445A.955, inclusive, or a regulation adopted or order issued pursuant thereto, or any term or condition of a permit to operate a public water system issued pursuant to NRS 445A.860 or a certification of a laboratory for the analysis of water issued pursuant to NRS 445A.863, the Division may, in addition to any other action authorized or required by NRS 445A.800 to 445A.955, inclusive, issue an order:
(a) Specifying the provision or provisions which the Division believes or has reason to believe the person is violating or has violated;
(b) Setting forth the facts alleged to constitute the violation;
(c) Prescribing the actions the person must take to correct the violation and the period during which the violation must be corrected; and
(d) Requiring the person to appear before the Administrator of the Division or a hearing officer appointed by the Administrator to show cause why the Division should not commence an action against the person in district court for appropriate relief.
2. If the Division has reasonable cause to believe, based on evidence satisfactory to it, that any person is about to violate the provisions of NRS 445A.800 to 445A.955, inclusive, or a regulation adopted or order issued pursuant thereto, or any term or condition of a permit to operate a public water system issued pursuant to NRS 445A.860 or a certification of a laboratory for the analysis of water issued pursuant to NRS 445A.863, the Division may, without a prior hearing, issue a summary order against the person, directing the person to cease and desist from any further acts that constitute or would constitute a violation. The summary order to cease and desist must specify the provision of NRS 445A.800 to 445A.955, inclusive, or a regulation adopted or order issued pursuant thereto, or the term or condition of a permit or certification which the Division reasonably believes is about to be violated.
3. An order issued by the Division pursuant to subsection 1 or 2 is effective immediately and is not subject to review unless the person to whom the order is directed, not later than 30 days after the order is issued, submits a written petition to the Commission for a hearing.
(Added to NRS by 2013, 209)
1. The Division or the appropriate district board of health may apply to a court of competent jurisdiction to enjoin the continuance or occurrence of any act or practice which violates the provisions of NRS 445A.800 to 445A.955, inclusive, or of any regulation adopted or order issued pursuant thereto.
2. On a showing by the Division or the district board of health that such a violation has occurred or will occur, the court may issue, without bond, such prohibitory or mandatory injunction as the facts may warrant.
(Added to NRS by 1977, 445; A 1991, 404, 615; 2005, 557)
NRS 445A.950 Civil penalty and administrative fine against supplier of water for certain violations; enforcement proceedings.
1. Any supplier of water who:
(a) Violates any standard established pursuant to NRS 445A.855;
(b) Violates or fails to comply with an order issued pursuant to NRS 445A.930 or subsection 1 or 2 of NRS 445A.943;
(c) Violates any condition imposed by the Commission upon granting a variance or exemption under NRS 445A.935;
(d) Violates a regulation adopted by the Commission pursuant to NRS 445A.860 or 445A.880; or
(e) Fails to give a notice as required by NRS 445A.940,
Ê is liable for a civil penalty, to be recovered by the Attorney General in the name of the Division, of not more than $25,000 for each day of the violation.
2. In addition to the civil penalty prescribed in subsection 1, the Division may impose an administrative fine against a supplier of water who commits any violation enumerated in subsection 1. The administrative fine imposed may not be more than $5,000 per day for each such violation.
3. The civil penalty and administrative fine prescribed in this section may be imposed in addition to any other penalties or relief prescribed in NRS 445A.800 to 445A.955, inclusive.
4. In addition to any other remedy provided by this chapter, the Division may compel compliance with any provision of NRS 445A.800 to 445A.955, inclusive, or of any permit, certificate, standard, regulation or final order adopted or issued thereto, by injunction or other appropriate remedy. The Division may institute and maintain in the name of the State of Nevada any such enforcement proceedings.
(Added to NRS by 1977, 455; A 1991, 404, 615, 1041; 2001, 635; 2005, 557; 2013, 210; 2017, 279; 2019, 3979)
NRS 445A.952 Civil penalty and administrative fine against laboratories for certain violations; enforcement proceedings.
1. A laboratory for the analysis of water that:
(a) Violates any regulation adopted by the Commission pursuant to NRS 445A.863; or
(b) Violates or fails to comply with an order issued pursuant to subsection 1 or 2 of NRS 445A.943,
Ê is liable for a civil penalty, to be recovered by the Attorney General in the name of the Division, of not more than $5,000 for each day of the violation.
2. In addition to the civil penalty described in subsection 1, the Division may impose an administrative fine of not more than $2,500 per day for each violation described in subsection 1.
3. The civil penalty and administrative fine authorized by this section are in addition to any other penalties or relief prescribed by NRS 445A.800 to 445A.955, inclusive.
4. In addition to any other remedy provided by this chapter, the Division may compel compliance with any provision of NRS 445A.800 to 445A.955, inclusive, or of any permit, certificate, standard, regulation or final order adopted or issued thereto, by injunction or other appropriate remedy. The Division may institute and maintain in the name of the State of Nevada any such enforcement proceedings.
(Added to NRS by 2013, 210; A 2019, 3979)
NRS 445A.955 Criminal penalty. Any person who violates the provisions of NRS 445A.800 to 445A.955, inclusive, or any regulation adopted by the Commission pursuant to those provisions is guilty of a misdemeanor. Each day of violation constitutes a separate offense.