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2023 Nevada Revised Statutes › Chapter 445A - Water Controls › 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)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › 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)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › 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)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › 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)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › 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)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › 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)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › 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)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › 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)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › 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)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › 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,
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)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › 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)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › 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)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › 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)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › 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)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › 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)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › 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)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › 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)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › 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)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › 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)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.945 - Injunctions.

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)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › 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,
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)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › 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,
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)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › 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.
(Added to NRS by 1977, 445; A 1991, 405, 615; 2005, 558)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.100 - Declaration of public policy.

1. It is the public policy of the State of Nevada and the purpose of NRS 445B.100 to 445B.640, inclusive, to achieve and maintain levels of air quality which will protect human health and safety, prevent injury to plant and animal life, prevent damage to property, and preserve visibility and scenic, esthetic and historic values of the State.
2. It is the intent of NRS 445B.100 to 445B.640, inclusive, to:
(a) Require the use of reasonably available methods to prevent, reduce or control air pollution throughout the State of Nevada;
(b) Maintain cooperative programs between the State and its local governments; and
(c) Facilitate cooperation across jurisdictional lines in dealing with problems of air pollution not confined within a single jurisdiction.
3. The quality of air is declared to be affected with the public interest, and NRS 445B.100 to 445B.640, inclusive, are enacted in the exercise of the police power of this State to protect the health, peace, safety and general welfare of its people.
4. It is also the public policy of this State:
(a) To provide for the integration of all programs for the prevention of accidents and motor vehicle crashes in this State involving chemicals, including, without limitation, accidents and motor vehicle crashes involving hazardous air pollutants, highly hazardous chemicals, highly hazardous substances and extremely hazardous substances; and
(b) Periodically to retire a portion of the emission credits or allocations specified in NRS 445B.235 that may otherwise be available for banking or for sale pursuant to that section.
(Added to NRS by 1971, 1191; A 1993, 2851; 2007, 1023, 3311; 2015, 1678)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.105 - Definitions.

As used in NRS 445B.100 to 445B.640, inclusive, unless the context otherwise requires, the words and terms defined in NRS 445B.110 to 445B.155, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1971, 1192; A 1973, 1811; 1993, 2852; 2007, 1907, 3312)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.115 - "Air pollution" defined.

"Air pollution" means the presence in the outdoor atmosphere of one or more air contaminants or any combination thereof in such quantity and duration as may tend to:
1. Injure human health or welfare, animal or plant life or property.
2. Limit visibility or interfere with scenic, esthetic and historic values of the State.
3. Interfere with the enjoyment of life or property.
(Added to NRS by 1971, 1192)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.135 - "Federal Act" defined.

"Federal Act" means the Clean Air Act (42 U.S.C. §§ 7401 et seq.), which includes the Clean Air Act of 1963 (P.L. 88-206) and amendments made by the Motor Vehicle Air Pollution Control Act (P.L. 89-272, October 20, 1965), the Clean Air Act Amendments of 1966 (P.L. 89-675, October 15, 1966), the Air Quality Act of 1967 (P.L. 90-148, November 21, 1967), the Clean Air Amendments of 1970 (December 31, 1970) and any amendments thereto made after July 1, 1971.
(Added to NRS by 1971, 1192; A 1993, 2852)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.137 - "Greenhouse gas" defined.

"Greenhouse gas" means any of the following gases, either alone or in combination:
1. Carbon dioxide (CO
2
);
2. Hydrofluorocarbons;
3. Methane (CH
4
);
4. Nitrous oxide (N
2
O);
5. Perfluorocarbons; and
6. Sulphur hexafluoride (SF
6
).
(Added to NRS by 2007, 1906)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.155 - "Source" and "indirect source" defined.

1. "Source" means any property, real or personal, which directly emits or may emit any air contaminant.
2. "Indirect source" means any property or facility that has or solicits secondary or adjunctive activity which emits or may emit any air contaminant for which there is an ambient air quality standard, notwithstanding that such property or facility may not itself possess the capability of emitting such air contaminants. Indirect sources include, but are not limited to:
(a) Highways and roads;
(b) Parking facilities;
(c) Retail, commercial and industrial facilities;
(d) Recreation, amusement, sports and entertainment facilities;
(e) Airports;
(f) Office and government buildings;
(g) Apartment and condominium buildings;
(h) Educational facilities; and
(i) Other such property or facilities which will result in increased air contaminant emissions from motor vehicles or other stationary sources.
(Added to NRS by 1971, 1192; A 1973, 1811; 1975, 1781; 1977, 1558)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.200 - Creation and composition; Chair; quorum; compensation of members and employees; disqualification; technical support.

1. The State Environmental Commission is hereby created within the Department. The Commission consists of:
(a) The Director of the Department of Wildlife;
(b) The State Forester Firewarden;
(c) The State Engineer;
(d) The Director of the State Department of Agriculture;
(e) The Administrator of the Division of Minerals of the Commission on Mineral Resources;
(f) A member of the State Board of Health to be designated by that Board; and
(g) Five members appointed by the Governor:
(1) One of whom is a general engineering contractor or a general building contractor licensed pursuant to chapter 624 of NRS;
(2) One of whom possesses expertise in performing mining reclamation; and
(3) One of whom possesses experience and expertise in advocating issues relating to conservation.
2. The Governor shall appoint the Chair of the Commission from among the members of the Commission.
3. A majority of the members constitutes a quorum, and a majority of those present must concur in any decision.
4. Each member who is appointed by the Governor is entitled to receive a salary of not more than $80, as fixed by the Commission, for each day’s attendance at a meeting of the Commission.
5. While engaged in the business of the Commission, each member and employee of the Commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
6. Any 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, is disqualified from serving as a member of the Commission. The provisions of this subsection do not apply to any person who receives, or has received during the previous 2 years, a significant portion of his or her income from any department or agency of State Government which is a holder of or an applicant for a permit required by NRS 445A.300 to 445A.730, inclusive.
7. The Department shall provide technical advice, support and assistance to the Commission. All state officers, departments, commissions and agencies, including the Department of Transportation, the Department of Health and Human Services, the Nevada System of Higher Education, the State Public Works Board, the Department of Motor Vehicles, the Department of Public Safety, the Public Utilities Commission of Nevada, the Nevada Transportation Authority and the State Department of Agriculture may also provide technical advice, support and assistance to the Commission.
(Added to NRS by 1971, 1192; A 1973, 908, 1406, 1720; 1975, 1404; 1977, 1142, 1220, 1484, 1561; 1979, 910, 1800; 1981, 1983; 1983, 2089; 1985, 424, 1991; 1989, 1288, 1715; 1989, 1288, 1715; 1993, 404, 1623; 1995, 579; 1997, 1998; 1999, 3623; 2001, 2616; 2003, 1564; 2007, 379)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.205 - Department designated as State Air Pollution Control Agency.

The Department is:
1. Designated as the Air Pollution Control Agency of the State for the purposes of the Federal Act insofar as it pertains to state programs.
2. Authorized to take all action necessary or appropriate to secure to this state the benefits of the Federal Act.
(Added to NRS by 1971, 1193; A 1973, 1813)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.210 - Powers of Commission.

The Commission may:
1. Subject to the provisions of NRS 445B.215, adopt regulations consistent with the general intent and purposes of NRS 445B.100 to 445B.640, inclusive, to prevent, abate and control air pollution.
2. Establish standards for air quality.
3. Require access to records relating to emissions which cause or contribute to air pollution.
4. Cooperate with other governmental agencies, including other states and the Federal Government.
5. Establish such requirements for the control of emissions as may be necessary to prevent, abate or control air pollution.
6. By regulation:
(a) Designate as a hazardous air pollutant any substance which, on or after October 1, 1993, is on the federal list of hazardous air pollutants pursuant to 42 U.S.C. § 7412(b); and
(b) Delete from designation as a hazardous air pollutant any substance which, after October 1, 1993, is deleted from the federal list of hazardous air pollutants pursuant to 42 U.S.C. § 7412(b),
based upon the Commission’s determination of the extent to which such a substance presents a risk to the public health.
7. Hold hearings to carry out the provisions of NRS 445B.100 to 445B.640, inclusive, except as otherwise provided in those sections.
8. Establish fuel standards for both stationary and mobile sources of air contaminants. Fuel standards for mobile sources of air contaminants must be established to achieve air quality standards that protect the health of the residents of the State of Nevada.
9. Require elimination of devices or practices which cannot be reasonably allowed without generation of undue amounts of air contaminants.
(Added to NRS by 1971, 1193; A 1973, 1813; 1993, 2852; 1997, 3230; 2007, 1907)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.215 - Notice of public hearing on regulations of Commission.

Notice of the public hearing on a regulation which is to be considered by the Commission must be given by at least three publications of a notice in newspapers throughout the State, once a week for 3 weeks, commencing at least 30 days before the hearing.
(Added to NRS by 1971, 1194; A 1973, 1814; 1977, 69; 1981, 82)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.220 - Additional powers of Commission.

In carrying out the purposes of NRS 445B.100 to 445B.640, inclusive, the Commission, in addition to any other action which may be necessary or appropriate to carry out those purposes, may:
1. Cooperate with appropriate federal officers and agencies of the Federal Government, other states, interstate agencies, local governmental agencies and other interested parties in all matters relating to air pollution control in preventing or controlling the pollution of the air in any area.
2. Recommend measures for control of air pollution originating in this State.
(Added to NRS by 1971, 1194; A 1973, 1814; 2007, 1908)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.230 - Powers and duties of Department.

The Department shall:
1. Make such determinations and issue such orders as may be necessary to implement the purposes of NRS 445B.100 to 445B.640, inclusive.
2. Apply for and receive grants or other funds or gifts from public or private agencies.
3. Cooperate and contract with other governmental agencies, including other states and the Federal Government.
4. Conduct investigations, research and technical studies consistent with the general purposes of NRS 445B.100 to 445B.640, inclusive.
5. Prohibit as specifically provided in NRS 445B.300 and 445B.320 and as generally provided in NRS 445B.100 to 445B.640, inclusive, the installation, alteration or establishment of any equipment, device or other article capable of causing air pollution.
6. Require the submission of such preliminary plans and specifications and other information as it deems necessary to process permits.
7. Enter into and inspect at any reasonable time any premises containing an air contaminant source or a source under construction for purposes of ascertaining compliance with NRS 445B.100 to 445B.640, inclusive.
8. Specify the manner in which incinerators may be constructed and operated.
9. Institute proceedings to prevent continued violation of any order issued by the Director and to enforce the provisions of NRS 445B.100 to 445B.640, inclusive.
10. Require access to records relating to emissions which cause or contribute to air pollution.
11. Take such action in accordance with the rules, regulations and orders promulgated by the Commission as may be necessary to prevent, abate and control air pollution.
(Added to NRS by 1973, 1808; A 2007, 1908)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.235 - Additional powers of Department; deposit of money collected from sale of emission credits or allocations; Department to develop regulations concerning public participation in determination of amount of emission credits or allocations available for sale.

1. In carrying out the purposes of NRS 445B.100 to 445B.640, inclusive, the Department may:
(a) Collect money from the sale of emission credits or allocations.
(b) Cooperate with appropriate federal officers and agencies of the Federal Government, other states, interstate agencies, local governmental agencies and other interested parties in all matters relating to air pollution control in preventing or controlling the pollution of the air in any area.
(c) On behalf of this State, apply for and receive money made available to the State for programs from any private source or from any agency of the Federal Government under the Federal Act. All money received from any federal agency or private source as provided in this section must be paid into the State Treasury and must be expended, under the direction of the Department, solely for the purpose for which the grant has been made.
(d) Certify to the appropriate federal authority that facilities are in conformity with the state program and requirements for control of air pollution, or will be in conformity with the state program and requirements for control of air pollution if such facility is constructed and operated in accordance with the application for certification.
(e) Develop measures for control of air pollution originating in the State.
2. All money collected by the Department pursuant to paragraph (a) of subsection 1 must be deposited in the State General Fund for credit to the Account for the Management of Air Quality.
3. The Department shall:
(a) Develop proposed regulations establishing requirements for public participation in the determination by the Department of the amount of emission credits or allocations that are available for sale pursuant to paragraph (a) of subsection 1; and
(b) Recommend that the Commission adopt the proposed regulations pursuant to NRS 445B.210.
(Added to NRS by 1973, 1809; A 2007, 1024)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.240 - Power of representatives of Department to enter and inspect premises.

1. Any duly authorized officer, employee or representative of the Department may enter and inspect any property, premises or place on or at which an air contaminant source is located or is being constructed, installed or established at any reasonable time for the purpose of ascertaining the state of compliance with NRS 445B.100 to 445B.640, inclusive, and rules and regulations in force pursuant thereto.
2. No person shall:
(a) Refuse entry or access to any authorized representative of the Department who requests entry for purposes of inspection, as provided in this section, and who presents appropriate credentials.
(b) Obstruct, hamper or interfere with any such inspection.
3. If requested, the owner or operator of the premises shall receive a report setting forth all facts found which relate to compliance status.
(Added to NRS by 1971, 1194; A 1973, 1815)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.245 - Power of Department to perform or require test of emissions from stacks.

The Department may perform a stack source emission test or require the source owner or operator to have such test made prior to approval or prior to the continuance of an operating permit or similar class of permits.
(Added to NRS by 1973, 1810; A 1975, 1405)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.275 - Creation; members; terms.

1. The governing body of any district, county or city authorized to operate an air pollution control program pursuant to NRS 445B.100 to 445B.640, inclusive, may appoint an air pollution control hearing board.
2. The air pollution control hearing board appointed by a county, city or health district must consist of seven members who are not employees of the State or any political subdivision of the State. One member of the hearing board must be an attorney admitted to practice law in Nevada, one member must be a professional engineer licensed in Nevada and one member must be licensed in Nevada as a general engineering contractor or a general building contractor as defined by NRS 624.215. Three must be appointed for a term of 1 year, three must be appointed for a term of 2 years and one must be appointed for a term of 3 years. Each succeeding term must be for a period of 3 years.
(Added to NRS by 1971, 1195; A 1973, 1815; 1975, 1782; 1997, 1068)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.280 - Attendance of witnesses at hearing; contempt; compensation.

1. The district court in and for the county in which any hearing is being conducted may compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by any subpoena issued by the chair of the hearing.
2. In case of the refusal of any witness to attend or testify or produce any papers required by such subpoena the chair may report to the district court in and for the county in which the hearing is held, by petition setting forth:
(a) That due notice has been given of the time and place of attendance of the witness or the production of the books and papers;
(b) That the witness has been subpoenaed in the manner prescribed in NRS 445B.100 to 445B.640, inclusive; and
(c) That the witness has failed and refused to attend or produce the papers required by subpoena in the hearing named in the subpoena, or has refused to answer questions propounded to the witness in the course of such hearing,
and asking an order of the court compelling the witness to attend and testify or produce the books or papers in the hearing.
3. The court, upon petition of the chair, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in such order, the time to be not more than 10 days from the date of the order, and then and there show cause why the witness has not attended or testified or produced the books or papers in the hearing. A certified copy of the order shall be served upon the witness. If it appears to the court that the subpoena was regularly issued by the chair, the court shall thereupon enter an order that the witness appear in the hearing at the time and place fixed in the order and testify or produce the required books or papers, and upon a failure to obey the order the witness shall be dealt with as for contempt of court.
4. Witnesses may be compensated in the amounts provided in NRS 50.225.
(Added to NRS by 1971, 1195; A 1973, 1816)