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