Referred to Committee on Human Resources and Facilities
SUMMARY--Revises provisions governing unlawful disposal of garbage or sewage. (BDR 40-336)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to sanitation; revising provisions governing the unlawful disposal of garbage or sewage; providing a penalty; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 Chapter 444 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2 1. If any garbage specified in NRS 444.630 or other solid waste is hauled to a disposal site as part of the service provided by a person engaged in landscaping, the construction or demolition of any building or structure, or the remodeling of a home or business, the person shall present to the operator of the disposal site a transaction slip that reflects the transfer of ownership of the garbage or other solid waste to the disposal site. Upon the dumping of the garbage or other solid waste on the disposal site, the operator of the disposal site shall sign and date the transaction slip and return it to the person.
2. The person shall retain the transaction slip for at least 1 year after the transfer and, within 30 days after the transfer, mail a copy of the transaction slip to:
(a) The person who originally possessed the garbage or other solid waste; and
(b) The solid waste management authority.
3. A person who violates the provisions of subsection 1 or 2 is guilty of a misdemeanor and shall be punished by a fine of not less than $50 per violation.
4. The division of environmental protection of the state department of conservation and natural resources shall prepare and make available transaction slips for use by persons in complying with this section. The division may charge a fee for the slips in an amount that is sufficient to enable it to recover its costs in carrying out the provisions of this subsection.
Sec. 3 As used in NRS 444.630 to 444.645, inclusive, this section and section 4 of this act, unless the context otherwise requires, "dump site" means a site at which any garbage specified in NRS 444.630 is disposed of unlawfully.
Sec. 4 A county may authorize a nonprofit organization to:
1. Organize the cleaning up of dump sites;
2. Provide educational materials and programs regarding illegal dumping;
3. Operate and fund related community service programs; and
4. Monitor violations of this section and section 2 of this act and NRS 444.630 to 444.645, inclusive.
Sec. 5 NRS 444.450 is hereby amended to read as follows:
444.450As used in NRS 444.440 to 444.620, inclusive, and section 2 of this act, unless the context otherwise requires, the words and terms defined in NRS 444.460 to 444.500, inclusive, have the meanings ascribed to them in those sections.
Sec. 6 NRS 444.630 is hereby amended to read as follows:
444.630 1. As used in this section, "garbage" includes dirt, caliche, swill, refuse, cans, bottles, paper, vegetable matter, carcass of any dead animal, offal from any slaughter pen or butcher shop, trash [or rubbish.] , rubbish, and debris from landscaping, the construction or demolition of any building or structure or the remodeling of a home or business.
2. Every person who willfully places, deposits or dumps, or who causes to be placed, deposited or dumped, or who causes or allows to overflow, any sewage, sludge, cesspool or septic tank effluent, or accumulation of human excreta, or any garbage, in or upon any street, alley, public highway or road in common use, or upon any public park or other public property other than property designated or set aside for such a purpose by the governing body having charge thereof, or upon any private property into or upon which the public is admitted by easement, license or otherwise, is guilty of a misdemeanor and [, if the convicted person agrees, he shall be sentenced to perform] shall be punished:
(a) If the person is a natural person, by being sentenced to clean up the dump site and perform 10 hours of work for the benefit of the community under the conditions prescribed in NRS 176.087.
(b) If the person is a business entity:
(1) For a first offense within 1 year, by being sentenced to clean up the dump site.
(2) For a second offense committed within 1 year, by being sentenced to clean up the dump site and being ordered to suspend all business operations for 15 days.
(3) For a third offense within 1 year, by being sentenced to clean up the dump site, and by the issuance of an order revoking its business license and prohibiting it from engaging in a similar business in the county in which the offense occurred for 1 year.
3. Except as otherwise provided in NRS 444.585, ownership of garbage does not transfer from the person who originally possessed it until it is received for transport by a person authorized to dispose of solid waste pursuant to this chapter or until it is disposed of at a municipal disposal site. Identification of the owner of any garbage which is disposed of in violation of subsection 2 creates a reasonable inference that the owner is the person who disposed of the garbage. The fact that the disposal of the garbage was not witnessed does not, in and of itself, preclude the identification of its owner.
4. All:
(a) Health officers and their deputies;
(b) Game wardens;
(c) Police officers of cities and towns;
(d) Sheriffs and their deputies;
(e) Other peace officers of the State of Nevada; and
(f) Other persons who are specifically designated by the local government to do so,
shall, within their respective jurisdictions, enforce the provisions of this section.
5. A district health officer or his deputy or other person specifically designated by the local government to do so may issue a citation for any violation of this section which occurs within his jurisdiction.
6. To effectuate the purposes of this section, the persons charged with enforcing this section may request information from any:
(a) Agency of the state or its political subdivisions.
(b) Employer, public or private.
(c) Employee organization or trust of any kind.
(d) Financial institution or other entity which is in the business of providing credit reports.
(e) Public utility.
Each of these persons and entities, their officers and employees, shall cooperate by providing any information in their possession which may aid in the location and identification of a person believed to be in violation of subsection 2. A disclosure made in good faith pursuant to this subsection does not give rise to any action for damages for the disclosure.
Sec. 7 NRS 444.635 is hereby amended to read as follows:
444.6351. Any person convicted of violating NRS 444.555 and, in addition to the penalty imposed in NRS 444.583 or 444.630, any person convicted of violating NRS 444.583 or 444.630 is liable for a civil penalty [,] upon each such conviction.
2. Every court, before whom a defendant is convicted of a violation of :
(a) The provisions of NRS 444.555 [, 444.583 or 444.630,] or 444.583, shall order the defendant to pay a civil penalty which is at least $250 , but not more than $2,000.
(b) The provisions of NRS 444.630, shall order the defendant:
(1) If the defendant is a natural person:
(I) For a first offense, to pay a civil penalty which is at least $250, but not more than $2,000.
(II) For a second or subsequent offense, to pay a civil penalty which is at least $500, but not more than $2,500.
(2) If the defendant is a business entity:
(I) For a first offense within 1 year, to pay a civil penalty which is at least $250, but not more than $2,000.
(II) For a second or subsequent offense within 1 year, to pay a civil penalty which is at least $750, but not more than $5,000.
3. If so provided by the court, [the] any penalty imposed pursuant to this section may be paid in installments.
[3.] 4. The health authority or division of environmental protection of the state department of conservation and natural resources may attempt to collect all such penalties and installments which are in default in any manner provided by law for the enforcement of a judgment.
[4.] 5. Each court which receives money under the provisions of this section shall forthwith remit the money to the division of environmental protection or, if the health authority initiated the action, the district health department which shall deposit the money with the state treasurer for credit in a separate account in the state general fund or with the county treasurer for deposit in an account for the district health department, as the case may be. Money so deposited must be used only to pay rewards pursuant to NRS 444.640 , for education regarding unlawful dumping, for the cleaning up of dump sites or for the management of solid waste and paid as other claims against the state or local governments are paid.
Sec. 8 NRS 444.640 is hereby amended to read as follows:
444.640 1. The division of environmental protection of the state department of conservation and natural resources or the district health department shall offer a reward [, in an amount equal to 50 percent of the civil penalty imposed pursuant to NRS 444.635,] of $100 for information leading to the arrest and conviction of any person violating NRS 444.555 or 444.630. The reward must be paid upon his conviction and the payment in full of the penalty. The reward must be distributed equally among the persons who supplied the information which led to the arrest and conviction.
2. The state environmental commission or district board of health may adopt regulations necessary to carry out the provisions of this section.
Sec. 9 The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.
Sec. 10 The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.