reglab/housing_qa huggingface dataset:
NV Rev Stat § 445B.360 (2021)
2021 Nevada Revised Statutes|Chapter 445B - Air Pollution|NRS 445B.360 - Appeals to Commission: Appealable matters; action by Commission; regulations.

  1. Any person aggrieved by:  (a) The issuance, denial, renewal, modification, suspension or revocation of an operating permit; or  (b) The issuance, modification or rescission of any other order,  by the Director may appeal to the Commission.  2. The Commission shall affirm, modify or reverse any action taken by the Director which is the subject of the appeal.  3. The Commission shall provide by regulation for the time and manner in which appeals are to be taken to the Commission.  (Added to NRS by 1971, 1197; A 1973, 1818; 1977, 69; 1993, 2854)
NV Rev Stat § 445B.400 (2021)
2021 Nevada Revised Statutes|Chapter 445B - Air Pollution|NRS 445B.400 - Conditions and criteria for granting variance; power to revoke.

  1. The owner or operator of a source of air contaminant or a person who desires to establish such a source may apply to the Commission for a variance from its applicable regulations. The Commission may grant a variance only if, after public hearing on due notice, it finds from a preponderance of the evidence that:  (a) The emissions occurring or proposed do not endanger or tend to endanger human health or safety; and  (b) Compliance with the regulations would produce serious hardship without equal or greater benefits to the public.  2. A variance shall not be granted unless the Commission has considered the relative interests of first, the public; second, other owners of property likely to be affected by the emissions; and last, the applicant.  3. The Commission may in granting a variance impose appropriate conditions upon an applicant, and may revoke the variance for failure to comply.  (Added to NRS by 1971, 1197)
NV Rev Stat § 445B.410 (2021)
2021 Nevada Revised Statutes|Chapter 445B - Air Pollution|NRS 445B.410 - Renewal; protest and hearing on application for renewal.

  1. A variance may be renewed only under circumstances and upon conditions which would justify its original granting.  2. Application for any renewal must be made at least 60 days prior to expiration of the variance to be renewed, and the Commission shall give public notice of the application.  3. If a protest is filed with the Commission against the renewal, the Commission shall hold a public hearing and shall not renew the variance unless it makes specific, written findings of fact which justify the renewal.  (Added to NRS by 1971, 1198)
NV Rev Stat § 445B.420 (2021)
2021 Nevada Revised Statutes|Chapter 445B - Air Pollution|NRS 445B.420 - Limitations on duration; annual review.

  1. The following limitations of duration apply to all variances:  (a) If the variance is granted because no practical means is known or available for prevention, abatement or control of the air pollution involved, the variance shall continue only until such means become known and available.  (b) If the variance is granted because compliance with applicable regulations will require measures which, because of extent or cost, must be spread over a period of time, the variance shall be granted only for the requisite period as determined by the Commission, and shall specify the time when the successive steps are to be taken.  (c) If the variance is granted for any other reason, it shall be granted for 1 year or less.  2. A variance whose duration is limited by paragraph (a) or (b) of subsection 1 shall be reviewed at least once each year to determine whether practical measures have become available or required steps have been taken.  (Added to NRS by 1971, 1198)
NV Rev Stat § 445B.430 (2021)
2021 Nevada Revised Statutes|Chapter 445B - Air Pollution|NRS 445B.430 - Granting and renewal discretionary.

No applicant is entitled to the granting or renewal of a variance as of right.  (Added to NRS by 1971, 1198; A 1973, 1818; 1977, 70)
NV Rev Stat § 445B.450 (2021)
2021 Nevada Revised Statutes|Chapter 445B - Air Pollution|NRS 445B.450 - Notice and order by Director; hearing; alternative procedures.

  1. Whenever the Director believes that a statute or regulation for the prevention, abatement or control of air pollution has been violated, the Director shall cause written notice to be served upon the person or persons responsible for the alleged violation.  2. The notice shall specify:  (a) The statute or regulation alleged to be violated; and  (b) The facts alleged to constitute the violation.  3. The notice may include an order to take corrective action within a reasonable time, which shall be specified. Such an order becomes final unless, within 10 days after service of the notice, a person named in the order requests a hearing before the Commission.  4. With or without the issuance of an order pursuant to subsection 3, or if corrective action is not taken within the time specified:  (a) The Director may notify the person or persons responsible for the alleged violation to appear before the Commission at a specified time and place; or  (b) The Commission may initiate proceedings for recovery of the appropriate penalty.  5. Nothing in this section prevents the Commission or the Director from making efforts to obtain voluntary compliance through warning, conference or other appropriate means.  (Added to NRS by 1971, 1198; A 1973, 1818; 1975, 1405)
NV Rev Stat § 445B.460 (2021)
2021 Nevada Revised Statutes|Chapter 445B - Air Pollution|NRS 445B.460 - Injunctive relief.

  1. If, in the judgment of the Director, any person is engaged in or is about to engage in any act or practice which constitutes or will constitute a violation of any provision of NRS 445B.100 to 445B.640, inclusive, or any rule, regulation, order or operating permit issued pursuant to NRS 445B.100 to 445B.640, inclusive, the Director may request that the Attorney General apply to the district court for an order enjoining the act or practice, or for an order directing compliance with any provision of NRS 445B.100 to 445B.640, inclusive, or any rule, regulation, order or operating permit issued pursuant to NRS 445B.100 to 445B.640, inclusive.  2. If, in the judgment of the control officer of a local air pollution control board, any person is engaged in or is about to engage in such an act or practice, the control officer may request that the district attorney of the county in which the act or practice is being engaged in or is about to be engaged in apply to the district court for such an order.  3. Upon a showing by the Director or the control officer that a person has engaged in or is about to engage in any such act or practice, a permanent or temporary injunction, restraining order or other appropriate order may be granted by the court.  (Added to NRS by 1973, 1809; A 1993, 2854; 2001, 1295)
NV Rev Stat § 445B.470 (2021)
2021 Nevada Revised Statutes|Chapter 445B - Air Pollution|NRS 445B.470 - Prohibited acts; penalty; establishment of violation; request for prosecution.

  1. A person shall not knowingly:  (a) Violate any applicable provision, the terms or conditions of any permit or any provision for the filing of information;  (b) Fail to pay any fee;  (c) Falsify any material statement, representation or certification in any notice or report; or  (d) Render inaccurate any monitoring device or method,  required pursuant to the provisions of NRS 445B.100 to 445B.450, inclusive, or 445B.470 to 445B.640, inclusive, or any regulation adopted pursuant to those provisions.  2. Any person who violates any provision of subsection 1 shall be punished by a fine of not more than $10,000 for each day of the violation.  3. The burden of proof and degree of knowledge required to establish a violation of subsection 1 are the same as those required by 42 U.S.C. § 7413(c), as that section existed on October 1, 1993.  4. If, in the judgment of the Director of the Department or the Director’s designee, any person is engaged in any act or practice which constitutes a criminal offense pursuant to NRS 445B.100 to 445B.640, inclusive, the Director of the Department or the designee may request that the Attorney General or the district attorney of the county in which the criminal offense is alleged to have occurred institute by indictment or information a criminal prosecution of the person.  5. If, in the judgment of the control officer of a local air pollution control board, any person is engaged in such an act or practice, the control officer may request that the district attorney of the county in which the criminal offense is alleged to have occurred institute by indictment or information a criminal prosecution of the person.  (Added to NRS by 1993, 2850; A 2001, 1296)
NV Rev Stat § 445B.503 (2021)
2021 Nevada Revised Statutes|Chapter 445B - Air Pollution|NRS 445B.503 - Local air pollution control board in county whose population is 700,000 or more: Cooperation with regional planning coalition and regional transportation commission; prerequisites to adoption or amendment of plan, policy or program.

  1. In addition to the duties set forth in NRS 445B.500, the local air pollution control board in a county whose population is 700,000 or more shall cooperate with the regional planning coalition and the regional transportation commission in the county in which it is located to:   (a) Ensure that the plans, policies and programs adopted by each of them are consistent to the greatest extent practicable.   (b) Establish and carry out a program of integrated, long-range planning that conserves the economic, financial and natural resources of the region and supports a common vision of desired future conditions.  2. Before adopting or amending a plan, policy or program, a local air pollution control board shall:  (a) Consult with the regional planning coalition and the regional transportation commission; and  (b) Conduct hearings to solicit public comment on the consistency of the plan, policy or program with:  (1) The plans, policies and programs adopted or proposed to be adopted by the regional planning coalition and the regional transportation commission; and  (2) Plans for capital improvements that have been prepared pursuant to NRS 278.0226.  3. As used in this section:  (a) "Local air pollution control board" means a board that establishes a program for the control of air pollution pursuant to NRS 445B.500.  (b) "Regional planning coalition" has the meaning ascribed to it in NRS 278.0172.  (c) "Regional transportation commission" means a regional transportation commission created and organized in accordance with chapter 277A of NRS.  (Added to NRS by 1999, 1975; A 2011, 1264)
NV Rev Stat § 445B.505 (2021)
2021 Nevada Revised Statutes|Chapter 445B - Air Pollution|NRS 445B.505 - Requirements for enacting ordinance or adopting regulation establishing fuel standards for mobile sources of air contaminants: Determination of cost effectiveness and feasibility; public meeting.

Before a district board of health, county board of health or board of county commissioners, pursuant to the authority granted to it by NRS 445B.500, enacts an ordinance or adopts a regulation establishing fuel standards for mobile sources of air contaminants, the district board of health, county board of health or board of county commissioners shall:  1. Determine the cost effectiveness of the proposed ordinance or regulation by comparing it with other methods of controlling pollution.  2. Determine whether the proposed ordinance or regulation is technologically feasible based on evidence presented to the district board of health, county board of health or board of county commissioners relating to the availability, effectiveness, reliability and safety of any proposed technology when it is used for its proposed use.  3. Conduct public meetings to consult with public and private entities that would be significantly affected by the proposed ordinance or regulation.  (Added to NRS by 1997, 3229)
NV Rev Stat § 445B.508 (2021)
2021 Nevada Revised Statutes|Chapter 445B - Air Pollution|NRS 445B.508 - Reduction or mitigation of increases in emissions; air pollution credits.

  1. In a county whose population is 700,000 or more, a district board of health or board of county commissioners may, as a part of its program for the control of air pollution established pursuant to NRS 445B.500, require each person or entity that is proposing to locate a new source of air pollution within its jurisdiction or to modify an existing source of air pollution within its jurisdiction in such a way as to increase emissions of air pollutants, to reduce or mitigate any increase in emissions in accordance with regulations adopted by such board.  2. If a district board of health or board of county commissioners imposes the requirement described in subsection 1, its program established pursuant to NRS 445B.500 must:  (a) Provide a method for determining credits which results in credits that are quantifiable, surplus and legally enforceable;  (b) Set forth the manner in which credits will be banked and traded, and the manner in which such transactions will be tracked and accounted for by the board; and  (c) By not later than January 1, 2002, prohibit any person or entity from purchasing or selling credits of one type of pollutant if such credits will be used subsequently to produce a different type of pollutant.  3. If a county operates a program for the control of air pollution that allows a person operating or responsible for the existence of a source to earn credits for maintaining or reducing the level of air contaminant emitted from the source, the program:  (a) Must allow the person to earn credits for reducing the level of air contaminant emitted from that source through the use of solar energy; and  (b) Must not allow the person to earn credits for reducing the level of air contaminant emitted from that source if such a reduction is required as a component of a penalty imposed against the person.  4. A credit earned pursuant to this section does not constitute an interest in property.  5. As used in this section:  (a) "Credit" means an administratively created asset that may:  (1) Entitle a person operating or responsible for the existence of a source to allow the source to emit a certain level of air contaminant above a baseline that is determined by the board;  (2) Be used to comply with the requirements of a permit; and  (3) Be traded or sold to another person.  (b) "Surplus" means that a credit is not earned by compliance with a requirement of the state implementation plan adopted by this State pursuant to 42 U.S.C. § 7410 or any other federal, state or local law, ordinance or regulation.  (Added to NRS by 1999, 1976; A 2001, 1517; 2005, 2470; 2011, 1264)
NV Rev Stat § 445B.510 (2021)
2021 Nevada Revised Statutes|Chapter 445B - Air Pollution|NRS 445B.510 - Commission may require program for designated area.

  1. If the Commission finds that:  (a) The location, character or extent of particular concentrations of population or sources of air contaminant;  (b) Geographic, topographic or meteorological considerations; or  (c) Any combination of these factors,  makes impracticable the maintenance of appropriate levels of air quality without an areawide air pollution control program, it shall after a public hearing define the area so affected.  2. If an areawide air pollution control program is not established by cooperative or interlocal agreement within a time specified by the Commission, the Commission shall establish such a program, which shall be a charge on the counties, and may supersede any local program within the area.  (Added to NRS by 1971, 1200)
NV Rev Stat § 445B.520 (2021)
2021 Nevada Revised Statutes|Chapter 445B - Air Pollution|NRS 445B.520 - Commission may establish or supersede county program.

  1. If a county required to establish or participate in an air pollution control program fails to do so, or if the Commission believes that a program previously approved is inadequate, it shall hold a public hearing. If it finds that an adequate program has not been adopted or that a program has become inadequate, it shall fix a time within which necessary corrective measures are to be taken.  2. If the prescribed measures are not so taken, the Commission shall direct the Department to administer an adequate air pollution control program within the county, which shall be a charge on the county, and may supersede any existing county air pollution control program.  (Added to NRS by 1971, 1200; A 1973, 1820)
NV Rev Stat § 445B.530 (2021)
2021 Nevada Revised Statutes|Chapter 445B - Air Pollution|NRS 445B.530 - Commission may assume jurisdiction over specific classes of air contaminants.

  1. If the Commission finds that the control of a particular class of sources of air contaminant because of its complexity or magnitude is beyond the reasonable capability of one or more local air pollution control authorities, it may assume and retain jurisdiction over that class in the county or counties so affected.  2. Sources may be classified for the purpose of this section on the basis of their nature or their size relative to the county in which they are located.  (Added to NRS by 1971, 1200)
NV Rev Stat § 445B.540 (2021)
2021 Nevada Revised Statutes|Chapter 445B - Air Pollution|NRS 445B.540 - Restoration of superseded local program; continuation of existing local program.

  1. A county or area whose local jurisdiction over air pollution control has been superseded may establish or restore a local air pollution control program if such program is approved as adequate by the Commission.  2. A district, county or city which has an air pollution control program in operation on July 1, 1971, may continue its program if within 1 year after July 1, 1971, the program is approved as adequate by the Commission. Such approval shall be deemed granted unless the Commission specifically disapproves the program after a public hearing. Nothing in NRS 445B.100 to 445B.640, inclusive, is to be construed as invalidating any rule, regulation, enforcement action, variance, permit, cease and desist order, compliance schedule, or any other legal action taken by any existing air pollution control authority pursuant to former NRS 445.400 to 445.595, inclusive, on or before July 1, 1971, unless it is specifically repealed, superseded or disapproved, pursuant to NRS 445B.215.  (Added to NRS by 1971, 1200)
NV Rev Stat § 445B.560 (2021)
2021 Nevada Revised Statutes|Chapter 445B - Air Pollution|NRS 445B.560 - Plan or procedure for emergency.

  1. The Commission may provide by rules and regulations for alert, warning, and emergency standards and abatement procedures relative to air pollution episodes or emergencies constituting, or likely to constitute, an imminent and substantial danger to the health of persons.  2. Any person responsible for the operation of a source of air contaminants which is designated by the Director shall prepare and submit emergency plans for reducing or eliminating the emissions of air contaminants during such periods of air stagnation or air pollution episodes or emergencies as may be declared by the Director. The emergency plans shall be subject to review and approval by the Director. If, in the opinion of the Director, an emergency plan does not effectively carry out the objective of reducing or eliminating the emissions of air contaminants during periods of air stagnation or air pollution episodes or emergencies, the Director shall disapprove it, state the reason for disapproval, and order the preparation and submission of an amended emergency plan within the time period specified in the order. If an approvable emergency plan is not prepared and submitted within the time period specified in the order, the Director shall issue an emergency plan applicable to that person. Persons subject to the emergency plan shall obey the plan during periods of air stagnation or air pollution episodes or emergencies declared by the Director. The provisions of NRS 445B.360 with respect to appeals do not apply to this subsection.  3. Any other provisions of law to the contrary notwithstanding, if the Director finds that a generalized condition of air pollution exists or that emissions from one or more air contaminant sources occur and that the condition or sources create, or are likely to create, an imminent and substantial danger to health requiring immediate action to protect human health and safety, the Director shall order persons causing or contributing to the air pollution or responsible for the operation of the source to reduce or discontinue immediately the emission of air contaminants. Any person subject to the order may appeal directly to the district court or request a hearing before the Commission.  4. This section does not limit any power of any other state officer to declare an emergency and to act on the basis of such declaration.  (Added to NRS by 1971, 1201; A 1973, 1820)
NV Rev Stat § 445B.570 (2021)
2021 Nevada Revised Statutes|Chapter 445B - Air Pollution|NRS 445B.570 - Confidentiality and use of information obtained by Department; penalty.

  1. Any information which the Department obtains in the course of the performance of its duties pursuant to the provisions of this chapter is public information unless otherwise designated as confidential information pursuant to the provisions of this section.  2. The emission of an air contaminant which has an ambient air quality standard or emission standard or has been designated as a hazardous air pollutant by regulation of the Commission cannot be certified as being confidential.  3. Any confidential information received by the Commission, the Director or any local control authority which is certified in writing to the recipient as confidential by the owner or operator disclosing the information and verified and approved in writing as confidential by the recipient must, unless the owner expressly agrees to its publication or availability to the public, be used only:  (a) In the administration or formulation of air pollution controls;  (b) In compiling or publishing analyses or summaries relating to the condition of the outdoor atmosphere which do not identify any owner or operator or reveal any confidential information; or  (c) In complying with federal statutes, rules and regulations.  4. This section does not prohibit the use of confidential information in a prosecution for the violation of any statute, ordinance or regulation for the control of air pollution.  5. A person who discloses or knowingly uses confidential information in violation of this section is guilty of a misdemeanor, and is liable in tort for any damages which may result from such disclosure or use.  6. As used in this section, "confidential information" means information or records which:  (a) Relate to dollar amounts of production or sales;  (b) Relate to processes or production unique to the owner or operator; or  (c) If disclosed, would tend to affect adversely the competitive position of the owner or operator.  (Added to NRS by 1971, 1201; A 1973, 1821; 1975, 1405; 1993, 2855)
NV Rev Stat § 445B.580 (2021)
2021 Nevada Revised Statutes|Chapter 445B - Air Pollution|NRS 445B.580 - Officer of Department may inspect or search premises; search warrant.

  1. It is a condition of the issuance of any operating permit required by the Commission or pursuant to any local ordinance for the control of air pollution that the holder of the operating permit agrees to permit inspection of the premises to which the permit relates by any authorized officer of the Department at any time during the holder’s hours of operation without prior notice. This condition must be stated on each application form and operating permit.  2. If a source of air contaminant exists or is constructed or operated without an operating permit, such an officer may inspect it at any reasonable time, and may enter any premises to search for such a source. If entry is refused, or before attempting to enter, such an officer may apply to any magistrate for a search warrant. The magistrate shall issue the warrant if the magistrate believes from the supporting affidavit or affidavits that there is probable cause to believe that a source of air contaminant exists or is being constructed or operated on the premises to be searched.  (Added to NRS by 1971, 1202; A 1973, 1822; 1993, 2855)