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2023 Nevada Revised Statutes › Chapter 444 - Sanitation › NRS 444.583 - Unlawful disposal of motor vehicle battery, motor vehicle tire or motor oil; penalty; plan for appropriate disposal; exemption.

1. Except as otherwise provided in subsection 5 and NRS 444.509, it is unlawful willfully to:
(a) Dispose of, abandon or dump a motor vehicle battery, motor vehicle tire or motor oil at any site which has not been issued a permit for that purpose by the solid waste management authority;
(b) Dispose of, abandon or dump a motor vehicle battery, motor vehicle tire or motor oil at a sanitary landfill or other disposal site established by a municipality which has not been issued a permit for that purpose by the solid waste management authority; or
(c) Incinerate a motor vehicle battery or motor vehicle tire as a means of ultimate disposal, unless the incineration is approved by the solid waste management authority for the recovery of energy or other appropriate use.
2. A person who violates the provisions of subsection 1 is guilty of a misdemeanor and except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, shall be punished by a fine of not less than $100 per violation.
3. The State Department of Conservation and Natural Resources shall establish a plan for the appropriate disposal of used or waste motor vehicle batteries, motor vehicle tires and motor oil. The plan must include the issuance of permits to approved sites or facilities for the disposal of those items by the public. The plan may include education of the public regarding the necessity of disposing of these items properly and recycling them.
4. The State Department of Conservation and Natural Resources shall encourage the voluntary establishment of authorized sites which are open to the public for the deposit of used or waste motor vehicle batteries, motor vehicle tires and motor oil.
5. The provisions of subsections 1 and 2 do not apply to the disposal of used or waste motor vehicle batteries or motor vehicle tires if the unavailability of a site that has been issued a permit by the solid waste management authority makes disposal at such a site impracticable. The provisions of this subsection do not exempt a person from any other regulation of the solid waste management authority concerning the disposal of used or waste motor vehicle batteries or motor vehicle tires.
(Added to NRS by 1991, 1671; A 1997, 1078; 2005, 1500; 2009, 1082)
2023 Nevada Revised Statutes › Chapter 444 - Sanitation › NRS 444.585 - Ownership of recyclable materials; unauthorized collection of recyclable materials prohibited; penalty; civil remedy.

1. From the time recyclable materials are placed in a container provided by a private recycling business or the person designated by the county or other municipality to collect recyclable materials:
(a) At curbside for collection; or
(b) At any other appropriate site designated for collection,
the recyclable materials are the property of the private recycling business or person designated by the county or other municipality to collect them, as appropriate.
2. Any person engaged in the unauthorized collection of recyclable materials is guilty of a misdemeanor. Each such unauthorized collection constitutes a separate and distinct offense.
3. As an alternative to the criminal penalty set forth in subsection 2, the county or other municipality, the private recycling business and the person designated to collect the recyclable materials may independently enforce the provisions of this section in a civil action. Except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, a person who engages in the unauthorized collection of recyclable materials is liable to the private recycling business or the person designated to make such collections, as appropriate, for three times the damages caused by the unauthorized collection.
(Added to NRS by 1991, 1671; A 1997, 1079)
2023 Nevada Revised Statutes › Chapter 444 - Sanitation › NRS 444.590 - Designation of State Department of Conservation and Natural Resources as state agency for participation in federal program; extent of authority.

1. The State Department of Conservation and Natural Resources is hereby designated the state agency for such purposes as are required by the Resource Conservation and Recovery Act of 1976, 42 U.S.C. §§ 6941 et seq., except that:
(a) The State Environmental Commission has the exclusive authority to adopt regulations pursuant to NRS 444.440 to 444.620, inclusive; and
(b) The district boards of health of health districts created pursuant to NRS 439.362 or 439.370 retain the authority to issue permits and adopt regulations pursuant to NRS 444.580.
2. The State Department of Conservation and Natural Resources may take any action necessary and appropriate to secure the benefits of any federal law relating to solid waste.
(Added to NRS by 1971, 1180; A 1975, 1402; 1977, 1139; 1993, 17; 2005, 2469)
2023 Nevada Revised Statutes › Chapter 444 - Sanitation › NRS 444.592 - Solid waste management authority: Powers of protection and enforcement.

If the solid waste management authority receives information that the handling, storage, recycling, transportation, treatment or disposal of any solid waste presents or may present a threat to human health, public safety or the environment, or is in violation of a term or condition of a permit issued pursuant to NRS 444.505, 444.553 or 444.556, a statute, a regulation or an order issued pursuant to NRS 444.594, the authority may, in addition to any other remedy provided in NRS 444.440 to 444.620, inclusive:
1. Issue an order directing the owner or operator of the disposal site or any other site where the handling, storage, recycling, transportation, treatment or disposal has occurred or may occur, or any other person who has custody of the solid waste, to take such steps as are necessary to prevent the act or eliminate the practice which constitutes the threat or violation.
2. Commence an action in a court of competent jurisdiction to enjoin the act or practice which constitutes the threat or violation in accordance with the provisions of NRS 444.600.
3. Take any other action designed to reduce or eliminate the threat or violation.
(Added to NRS by 1993, 12; A 2005, 1500; 2009, 1082)
2023 Nevada Revised Statutes › Chapter 444 - Sanitation › NRS 444.594 - Solid waste management authority: Contents of orders for protection or enforcement.

1. An order issued by a solid waste management authority must:
(a) Specify the term or condition of a permit issued pursuant to NRS 444.505, 444.553 or 444.556, or the statute or regulation, which is alleged to have been violated or which is about to be violated, or the threat to human health, public safety or the environment;
(b) Set forth the facts alleged to constitute the violation or threat; and
(c) Prescribe any corrective action which must be taken and a reasonable time within which it must be taken.
2. The order may require the person to whom the order is directed to appear before the solid waste management authority, its authorized representative or a hearing officer appointed by the authority, to show cause why an action should not be commenced against the person in a court of competent jurisdiction requesting appropriate relief.
(Added to NRS by 1993, 13; A 2009, 1083)
2023 Nevada Revised Statutes › Chapter 444 - Sanitation › NRS 444.596 - Solid waste management authority: Recovery of civil penalties for violations.

The solid waste management authority may bring an action in a court of competent jurisdiction to recover from a person or municipality which violates any statute or regulation, any term or condition of a permit issued pursuant to NRS 444.505, 444.553 or 444.556, or any order issued pursuant to NRS 444.592, a civil penalty of not more than $5,000 for each day on which the violation occurs. This penalty is in addition to any other penalty provided in NRS 444.440 to 444.620, inclusive.
(Added to NRS by 1993, 13; A 1993, 1421; 2009, 1083)
2023 Nevada Revised Statutes › Chapter 444 - Sanitation › NRS 444.598 - Solid waste management authority: Recovery of damages resulting from violations.

The solid waste management authority may bring an action in a court of competent jurisdiction to recover actual damages which result from a violation of a statute or regulation, any term or condition of a permit issued pursuant to NRS 444.505, 444.553 or 444.556, or any order issued pursuant to NRS 444.592. The damages may include expenses incurred by the authority in testing for and removing, correcting or terminating any adverse effects which resulted from the violation and costs and attorney’s fees, including those incurred in administrative proceedings. This remedy is in addition to any other remedy provided in NRS 444.440 to 444.620, inclusive.
(Added to NRS by 1993, 13; A 1993, 1421; 2009, 1083)
2023 Nevada Revised Statutes › Chapter 444 - Sanitation › NRS 444.600 - Injunctive relief.

In addition to any other remedies provided in NRS 444.450 to 444.590, inclusive, the State Department of Conservation and Natural Resources or a solid waste management authority may bring an action in a court of competent jurisdiction to enjoin a violation of NRS 444.450 to 444.560, inclusive, any term or condition of a permit issued pursuant to NRS 444.505, 444.553 or 444.556, any order issued pursuant to NRS 444.592, or any regulation adopted by the State Environmental Commission or solid waste management authority.
(Added to NRS by 1971, 1180; A 1975, 1402; 1977, 1139; 1993, 17; 2009, 1083)
2023 Nevada Revised Statutes › Chapter 444 - Sanitation › NRS 444.605 - Issuance and enforcement of subpoenas.

1. In carrying out the provisions of NRS 444.440 to 444.620, inclusive, the State Environmental Commission, a district board of health of a health district created pursuant to NRS 439.362 or 439.370, and a solid waste management authority may by subpoena require the attendance and testimony of witnesses and the production of reports, papers, documents and other evidence which they deem necessary.
2. If any person to whom a subpoena has been directed pursuant to subsection 1 refuses to attend, testify or produce any evidence specified in the subpoena, the person who issued the subpoena may present a petition, to a court of competent jurisdiction where the person to whom the subpoena was directed is subject to service of process, setting forth that:
(a) Notice has been given of the time and place at which the person was required to attend, testify or produce evidence;
(b) A subpoena has been mailed to or personally served on the witness or custodian of the evidence in sufficient time to enable the person to comply with its provisions; and
(c) The person has failed or refused to attend, answer questions or produce evidence specified in the subpoena,
and asking that the court issue an order compelling the person to attend and to testify or produce the evidence specified in the subpoena.
3. When a court receives a petition pursuant to subsection 2, it shall order the person to whom the subpoena was directed to appear at a time and place fixed by the court in its order, which must be not more than 10 days after the date of the order, and show cause why the person should not be held in contempt. A certified copy of the order must be mailed to or personally served on the person to whom the subpoena was directed.
4. If it appears to the court that the subpoena was properly issued and that the person’s failure or refusal to appear, answer questions or produce evidence was without sufficient reason, the court shall order the person to appear at a time and place fixed by the court and to testify or produce the specified evidence. If the person fails to comply with the order of the court, the person may be punished as for a contempt of court.
(Added to NRS by 1993, 13; A 2005, 2469; 2009, 1083)
2023 Nevada Revised Statutes › Chapter 444 - Sanitation › NRS 444.610 - Unlawful acts; penalties.

1. Any person who violates any regulation adopted by the State Environmental Commission or any ordinance or resolution adopted by the governing body of a municipality or district board of health is guilty of a misdemeanor.
2. Each day or part of a day during which such violation is continued or repeated constitutes a separate offense.
3. Except as otherwise provided in NRS 445C.010 to 445C.120, inclusive:
(a) A person convicted of violating subsection 1 is, in addition to any criminal penalty imposed, liable for a civil penalty upon each such conviction; and
(b) A court, before whom a defendant is convicted of a violation of subsection 1, shall for each violation order the defendant to pay a civil penalty which is at least $500 but not more than $5,000.
(Added to NRS by 1971, 1180; A 1975, 1402; 2001, 1234)
2023 Nevada Revised Statutes › Chapter 444 - Sanitation › NRS 444.615 - Solid Waste Management Account: Creation; deposits.

Any money received by the solid waste management authority pursuant to NRS 444.596 or 444.598 must be deposited with the State Treasurer for credit to the Solid Waste Management Account, which is hereby created in the State General Fund.
(Added to NRS by 1993, 13)
2023 Nevada Revised Statutes › Chapter 444 - Sanitation › NRS 444.616 - Solid Waste Management Account: Distribution and use.

1. The State Controller shall allocate and remit, on a quarterly basis, the money in the Solid Waste Management Account as follows:
(a) To the Department of Taxation, 0.5 percent.
(b) To the State Department of Conservation and Natural Resources, 44.5 percent.
(c) To the district board of health of the health district which has the largest population in this State, 30 percent.
(d) To the district board of health of the health district which has the second largest population in this State, 25 percent.
If more than two health districts are created within this State, the State Department of Conservation and Natural Resources shall transfer to the district boards of health of those additional districts an amount determined by the Department to be necessary to carry out the health district’s duties pursuant to NRS 444.440 to 444.620, inclusive. If less than two health districts are created within this State, the amount otherwise allocated to a health district must be allocated to the State Department of Conservation and Natural Resources.
2. The money allocated pursuant to subsection 1 to the State Department of Conservation and Natural Resources and the district boards of health must be used for solid waste management in accordance with NRS 444.440 to 444.620, inclusive.
3. The State Department of Conservation and Natural Resources shall transfer to the Division of Environmental Protection of that Department a portion of the money it receives pursuant to this section it deems necessary for use in educating the public concerning the objectives and functioning of the State’s plan for solid waste management and the purposes set forth in NRS 444A.110.
(Added to NRS by 1993, 10; A 1995, 649; 2007, 3013)
2023 Nevada Revised Statutes › Chapter 444 - Sanitation › NRS 444.620 - Applicability of plans and provisions.

1. No plan for a solid waste management system adopted pursuant to NRS 444.440 to 444.620, inclusive, applies to:
(a) Any agricultural activity or agricultural waste.
(b) A vehicle that is:
(1) Owned by an automobile wrecker licensed pursuant to chapter 487 of NRS or in the possession of a salvage pool licensed pursuant to chapter 487 of NRS; and
(2) Designated for dismantling as a source of parts.
2. No provision of NRS 444.440 to 444.620, inclusive, prevents a mining operation from dumping waste from its operation on its own lands.
(Added to NRS by 1971, 1180; A 1981, 858; 1993, 17; 2015, 339)
2023 Nevada Revised Statutes › Chapter 444 - Sanitation › NRS 444.621 - Definitions.

As used in NRS 444.621 to 444.645, inclusive, unless the context otherwise requires, the words and terms defined in NRS 444.623, 444.625 and 444.627 have the meanings ascribed to them in those sections.
(Added to NRS by 2001, 1233)
2023 Nevada Revised Statutes › Chapter 444 - Sanitation › NRS 444.629 - Program for control of unlawful dumping: Establishment; administration; required elements; delegation of certain powers from solid waste management authority to hearing officer or board.

1. The solid waste management authority in each county may establish a program for the control of unlawful dumping and administer the program within its jurisdiction unless superseded.
2. The program established pursuant to subsection 1 must:
(a) Include standards and procedures for the control of unlawful dumping which are equivalent to or stricter than those established by statute or state regulation; and
(b) Provide for adequate administration and enforcement.
3. The solid waste management authority may delegate to an independent hearing officer or hearing board the authority to determine violations and levy administrative penalties for violations of the provisions of NRS 444.440 to 444.645, inclusive, or any regulation adopted pursuant to those sections.
(Added to NRS by 2001, 1233; A 2009, 408, 1084)
2023 Nevada Revised Statutes › Chapter 444 - Sanitation › NRS 444.635 - Civil penalties: Liability upon each conviction; increase of penalty for subsequent conviction; payment in installments; collection; disposition and use of money collected.

1. Except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, a person convicted of violating NRS 444.555 and, in addition to the penalty imposed pursuant to NRS 444.509, 444.583 or 444.630, any person convicted of violating NRS 444.509, 444.583 or 444.630 is liable for a civil penalty upon each such conviction.
2. Except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, a court before whom a defendant is convicted of a violation of the provisions of NRS 444.509, 444.555, 444.583 or 444.630, shall order the defendant:
(a) For a first offense, to pay a civil penalty which is at least $500 but not more than $5,000.
(b) For a second offense, to pay a civil penalty which is at least $1,000 but not more than $5,500.
(c) For a third offense, to pay a civil penalty which is at least $1,500 but not more than $6,000.
(d) For any subsequent offense, to pay a civil penalty which is at least $500 more than the most recent previous civil penalty that the defendant was ordered to pay pursuant to this subsection.
3. If so provided by the court, a penalty imposed pursuant to this section may be paid in installments.
4. The solid waste management authority may attempt to collect all such penalties and installments which are in default in any manner provided by law for the enforcement of a judgment.
5. Except as otherwise provided in this subsection, each court which receives money pursuant to the provisions of this section shall forthwith remit the money to the Division of Environmental Protection of the State Department of Conservation and Natural Resources, which shall deposit the money with the State Treasurer for credit in a separate account in the State General Fund. If the health authority initiated the action or, if any other person authorized to enforce NRS 444.630 initiated the action and the money collected was for a violation of NRS 444.630, the court shall remit the money to the district health department which shall deposit the money with the county treasurer for deposit in an account for the district health department. Money deposited pursuant to this subsection must be:
(a) Used only to pay:
(1) Rewards pursuant to NRS 444.640;
(2) For education regarding the unlawful disposal of solid waste;
(3) For the cleaning up of dump sites; and
(4) For the management of solid waste; and
(b) Paid as other claims against the state or local governments are paid.
(Added to NRS by 1987, 1490; A 1991, 1673; 1997, 1079; 2001, 1237; 2001 Special Session, 162; 2009, 408, 1084)
2023 Nevada Revised Statutes › Chapter 444 - Sanitation › NRS 444.637 - Performance of certain functions by nonprofit organization.

A solid waste management authority may authorize a nonprofit organization to:
1. Organize the cleaning up of dump sites;
2. Provide educational materials and programs regarding unlawful dumping; and
3. Operate and pay the costs of programs of community service relating to the cleaning up of dump sites.
(Added to NRS by 2001, 1234)
2023 Nevada Revised Statutes › Chapter 444 - Sanitation › NRS 444.639 - Issuance and enforcement of subpoenas.

1. In carrying out the provisions of NRS 444.621 to 444.645, inclusive, a district health officer may by subpoena require the attendance and testimony of witnesses and the production of reports, papers, documents and other evidence which they deem necessary.
2. If any person to whom a subpoena has been directed pursuant to subsection 1 refuses to attend, testify or produce any evidence specified in the subpoena, the person who issued the subpoena may present a petition, to a court of competent jurisdiction where the person to whom the subpoena was directed is subject to service of process, setting forth that:
(a) Notice has been given of the time and place at which the person was required to attend, testify or produce evidence;
(b) A subpoena has been mailed to or personally served on the witness or custodian of the evidence in sufficient time to enable him or her to comply with its provisions; and
(c) The person has failed or refused to attend, answer questions or produce evidence specified in the subpoena,
and asking that the court issue an order compelling the person to attend and to testify or produce the evidence specified in the subpoena.
3. When a court receives a petition pursuant to subsection 2, it shall order the person to whom the subpoena was directed to appear at a time and place fixed by the court in its order, which must be not more than 10 days after the date of the order, and show cause why the person should not be held in contempt. A certified copy of the order must be mailed to or personally served on the person to whom the subpoena was directed.
4. If it appears to the court that the subpoena was properly issued and that the person’s failure or refusal to appear, answer questions or produce evidence was without sufficient reason, the court shall order the person to appear at a time and place fixed by the court and to testify or produce the specified evidence. If the person fails to comply with the order of the court, the person may be punished as for a contempt of court.
(Added to NRS by 2001, 1234)
2023 Nevada Revised Statutes › Chapter 444 - Sanitation › NRS 444.640 - Reward for information leading to arrest and conviction of violator; regulations.

1. The solid waste management authority shall offer a reward of $100 for information leading to the arrest and conviction of any person violating NRS 444.555 or 444.630. The reward must be paid upon the conviction of the person and the payment in full of the penalty. The reward must be distributed equally among the persons who supplied the information which led to the arrest and conviction.
2. The State Environmental Commission or district board of health may adopt regulations necessary to carry out the provisions of this section.
(Added to NRS by 1987, 1491; A 2001, 1237)
2023 Nevada Revised Statutes › Chapter 444 - Sanitation › NRS 444.645 - Notice of provision of NRS 444.555 or 444.630 to be posted; offer of reward.

1. The Division of Environmental Protection of the State Department of Conservation and Natural Resources, and the district health officer in his or her district or the board of county commissioners in a county without a district health officer shall post notices of the provisions of NRS 444.555 or 444.630, whichever is appropriate.
2. The notice must also contain an offer of a reward for information leading to the arrest and conviction of any person violating NRS 444.555 or 444.630.
(Added to NRS by 1987, 1491)
2023 Nevada Revised Statutes › Chapter 444 - Sanitation › NRS 444.650 - Regulations to control use of residential individual system.

1. The State Board of Health shall adopt regulations to control the use of a residential individual system for disposal of sewage in this State. Those regulations are effective except in health districts in which a district board of health has adopted regulations to control the use of a residential individual system for disposal of sewage in that district.
2. A board which adopts such regulations shall consider and take into account the geological, hydrological and topographical characteristics of the area within its jurisdiction.
3. The regulations adopted pursuant to this section must not conflict with the provisions of NRS 445A.300 to 445A.730, inclusive, and any regulations adopted pursuant to those provisions. If any regulations adopted by the State Environmental Commission pursuant to subsection 2 of NRS 445A.425 impact residential individual systems for disposal of sewage, the State Board of Health shall adopt regulations consistent with such regulations adopted by the State Environmental Commission.
4. As used in this section, "residential individual system for disposal of sewage" means an individual system for disposal of sewage from a parcel of land, including all structures thereon, that is zoned for single-family residential use.
(Added to NRS by 1981, 1183; A 1983, 328; 2005, 550; 2021, 3410)
2023 Nevada Revised Statutes › Chapter 444A - Programs for Recycling › NRS 444A.010 - Definitions.

As used in NRS 444A.010 to 444A.080, inclusive, unless the context otherwise requires, the words and terms defined in NRS 444A.0103 to 444A.017, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1991, 1668; A 1993, 17, 1441; 2009, 832; 2019, 2216)
2023 Nevada Revised Statutes › Chapter 444A - Programs for Recycling › NRS 444A.012 - "Municipality" defined.

"Municipality" means a county, city, town, general improvement district or health district created pursuant to NRS 439.362 or 439.370 or other political subdivision of this State which has jurisdiction over the management of solid waste.
(Added to NRS by 1993, 1441; A 2005, 2470)
2023 Nevada Revised Statutes › Chapter 444A - Programs for Recycling › NRS 444A.0123 - "Paper" defined.

"Paper" includes newspaper, high-grade office paper, fine paper, bond paper, offset paper, xerographic paper, mimeo paper, duplicator paper and any other cellulosic material which contains not more than 10 percent by weight or volume of a noncellulosic material, including, without limitation, a laminate, binder, coating and saturant.
(Added to NRS by 2019, 2216)
2023 Nevada Revised Statutes › Chapter 444A - Programs for Recycling › NRS 444A.0126 - "Paper product" defined.

"Paper product" means any paper article or commodity, including, without limitation, paper napkins, towels, cardboard, construction material, paper and any other cellulosic material which contains not more than 10 percent by weight or volume of a noncellulosic material, including, without limitation, a laminate, binder, coating and saturant.
(Added to NRS by 2019, 2216)
2023 Nevada Revised Statutes › Chapter 444A - Programs for Recycling › NRS 444A.013 - "Recyclable material" defined.

"Recyclable material" means solid waste that can be processed and returned to the economic mainstream in the form of raw materials or products, as determined by the State Environmental Commission. The term includes, without limitation:
1. Electronic waste;
2. Paper; and
3. Paper products.
(Added to NRS by 1993, 1441; A 2019, 2216)
2023 Nevada Revised Statutes › Chapter 444A - Programs for Recycling › NRS 444A.017 - "Vehicle" defined.

"Vehicle" means any device in, upon or by which any person or property is or may be transported or drawn upon land. The term does not include:
1. Devices moved by human or electrical power;
2. Commercial coaches as defined in NRS 489.062;
3. Electric personal assistive mobility devices as defined in NRS 482.029; and
4. Mobile homes as defined in NRS 489.120.
(Added to NRS by 1993, 1441; A 2003, 1207)
2023 Nevada Revised Statutes › Chapter 444A - Programs for Recycling › NRS 444A.020 - Adoption of regulations establishing standards for recycling or disposal of solid waste; goal of standards; methods for disposal of used or waste tires.

1. The State Environmental Commission shall adopt regulations establishing minimum standards for:
(a) Separating at the source recyclable material from other solid waste originating from residential premises and public buildings where services for the collection of solid waste are provided, including, without limitation, the placement of recycling containers on the premises of apartment complexes and condominiums where those services are provided.
(b) Establishing recycling centers for the collection and disposal of recyclable material.
(c) The disposal of hazardous household products which are capable of causing harmful physical effects if inhaled, absorbed or ingested.
2. The regulations adopted pursuant to subsection 1 must be adopted with the goal of recycling at least 25 percent of the total solid waste generated within a municipality after the second full year following the adoption of such standards.
3. The State Environmental Commission shall, by regulation, establish acceptable methods for disposing of used or waste tires consistent with the provisions of NRS 444.505, 444.507 and 444.509.
(Added to NRS by 1991, 1668; A 1999, 3178; 2009, 1085; 2011, 1319)
2023 Nevada Revised Statutes › Chapter 444A - Programs for Recycling › NRS 444A.030 - Adoption of model plan for recycling or disposal of solid waste or other waste; compliance with standards adopted by State Environmental Commission.

1. The Division of Environmental Protection of the Department shall, by regulation, adopt a model plan for:
(a) Separating at the source recyclable material from other solid waste originating from residential premises and public buildings where services for the collection of solid waste are provided, including, without limitation, the placement of recycling containers on the premises of apartment complexes and condominiums where those services are provided.
(b) Establishing recycling centers for the collection and disposal of recyclable material in areas where there are no centers.
(c) The disposal of hazardous household products which are capable of causing harmful physical effects if inhaled, absorbed or ingested.
(d) The disposal of infectious waste, hazardous waste which is not regulated pursuant to NRS 459.485 and liquid waste which is not regulated pursuant to NRS 445A.300 to 445A.730, inclusive.
2. The model plans adopted pursuant to subsection 1 must not conflict with the standards adopted by the State Environmental Commission pursuant to NRS 444A.020.
(Added to NRS by 1991, 1669; A 1999, 3178; 2011, 1320)
2023 Nevada Revised Statutes › Chapter 444A - Programs for Recycling › NRS 444A.050 - Report of effectiveness of program; notice of recycling opportunities; enforcement, review and proposed revisions of program by municipality.

1. A county or health district that adopts a program pursuant to NRS 444A.040 shall:
(a) On or before July 1 of each year, submit a report to the Department of the number of tons of material disposed of in the area covered by the program.
(b) Within 6 months after adopting the program, and at least once every 6 months thereafter, notify all persons occupying residential, commercial, governmental and institutional premises within the area covered by the program of the local recycling opportunities and the need to reduce the amount of waste generated.
2. The governing body of a municipality that adopts a program pursuant to NRS 444A.040 shall:
(a) Adopt such ordinances as are necessary for the enforcement of the program.
(b) At least once every 24 months, conduct a review of the program and propose such revisions to the program and any ordinances adopted pursuant thereto as the governing body determines are necessary and appropriate. The findings of the review and any proposed revisions must be submitted to the Department for approval on or before July 30 of each even-numbered year.
(Added to NRS by 1991, 1670; A 1999, 3180; 2005, 1502)
2023 Nevada Revised Statutes › Chapter 444A - Programs for Recycling › NRS 444A.060 - Unlawful to refuse to accept used or waste tires in exchange on purchase of new tire; notice of requirement; penalty.

1. A person who offers a tire for a vehicle for sale at retail shall post at the point of purchase a written notice which is at least 8 1/2 inches by 11 inches in size and contains the following information:
NOTICE
State law requires us to accept used tires for disposal or recycling when new tires are purchased from us.
2. It is unlawful for a person who offers a tire for a vehicle for retail sale to refuse to accept used or waste tires in exchange on the purchase of a new tire. This section does not require the purchaser of a tire to provide a used or waste tire as a condition of his or her purchase of a new tire. The seller shall comply with the regulations of the State Environmental Commission regarding the proper disposal of the used or waste tires so collected. In addition to any other applicable penalty, any person who violates the provisions of this subsection is guilty of a misdemeanor and shall be fined not less than $100 for each day of violation.
(Added to NRS by 1991, 1668; A 2005, 1502)
2023 Nevada Revised Statutes › Chapter 444A - Programs for Recycling › NRS 444A.070 - Report to Legislature on status of programs for recycling and reuse of materials and amount of recycled material reported by state agencies.

The Director of the Department shall deliver to the Director of the Legislative Counsel Bureau a biennial report on or before January 31 of each odd-numbered year for submission to the Legislature on the status of current and proposed programs for recycling and reuse of materials, the amount of recycled material that is reported by state agencies pursuant to subsection 6 of NRS 232.007 and on any other matter relating to recycling and reuse which he or she deems appropriate.
(Added to NRS by 1991, 1668; A 2019, 2216)
2023 Nevada Revised Statutes › Chapter 444A - Programs for Recycling › NRS 444A.080 - Adoption of regulations.

1. The State Environmental Commission shall adopt regulations necessary to enforce the provisions of NRS 444A.010 to 444A.070, inclusive.
2. The State Environmental Commission may adopt any other regulations necessary to carry out the provisions of NRS 444A.010 to 444A.070, inclusive.
(Added to NRS by 1991, 1670)
2023 Nevada Revised Statutes › Chapter 444A - Programs for Recycling › NRS 444A.090 - Imposition and rate of fee; accounting for and disposition of money collected; powers and duties of Department of Taxation.

1. A person who sells a new tire for a vehicle to a customer for any purpose other than for resale by the customer in the ordinary course of business shall collect from the purchaser at the time the person collects the applicable sales taxes for the sale a fee of $1 per tire. A person who did not pay the fee imposed by this section at the time of purchase because he or she purchased the new tire for resale and who then makes any use of that tire other than to resell it in the ordinary course of business, shall pay the fee imposed by this section to the Department of Taxation at the time of the first use of that tire for a purpose other than holding it for resale.
2. The seller shall account separately for all money received pursuant to subsection 1 as a deposit to be held in trust for the State. In accordance with the regulations adopted pursuant to subsection 3, the seller shall transmit 95 percent of the money held in trust pursuant to this section to the Department of Taxation for deposit with the State Treasurer for credit to the Solid Waste Management Account in the State General Fund. The remaining 5 percent and all interest and income which accrued on the money while in trust with the seller become the property of the seller on the day the balance for the month is transmitted to the Department of Taxation and may be retained by the seller to cover his or her related administrative costs.
3. The Director of the Department of Taxation shall adopt regulations establishing acceptable methods for accounting for and transmitting to the Department money collected or required to be paid by retailers pursuant to subsection 1. The regulations must include a designation of the persons responsible for payment. The regulations must, in appropriate situations, allow for the transmission of that money together with the payment of the applicable sales and use taxes.
4. In collecting the fee, the Department of Taxation may employ any administrative and legal powers conferred upon it for the collection of the sales and use taxes by chapters 360 and 372 of NRS.
5. The fee imposed pursuant to subsection 1 does not apply to any tire included in the sale of a new or used vehicle unless the tire is sold in a separate transaction.
(Added to NRS by 1991, 1667, 1677; A 1993, 18, 19, 1420)
2023 Nevada Revised Statutes › Chapter 444A - Programs for Recycling › NRS 444A.120 - Establishment in larger counties; activities to be included in program; program must not conflict with certain standards adopted by State Environmental Commission.

1. The board of county commissioners in a county whose population is 700,000 or more shall, in conjunction with each licensed hauler of garbage and refuse operating in the county, establish a pilot program for collecting and separating recyclable material that has the potential to be used as a source of renewable energy or converted into renewable fuel.
2. The pilot program must include, without limitation:
(a) An exploration of technologies and processes that are able to use recyclable material as a source of renewable energy or convert recyclable material into renewable fuel.
(b) The creation and maintenance of adequate records to allow an assessment of the feasibility of establishing a statewide recycling standard.
3. The pilot program must not conflict with the standards relating to recyclable material adopted by the State Environmental Commission pursuant to NRS 444A.020.
4. As used in this section:
(a) "Licensed hauler of garbage and refuse" means a person who holds the licenses and permits required to operate a business of collecting and disposing of garbage and refuse. The term includes a person who is licensed to operate a business of collecting recyclable material.
(b) "Recyclable material" has the meaning ascribed to it in NRS 444A.013.
(Added to NRS by 2007, 3007; A 2011, 1259)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.010 - State and political subdivisions to comply with laws, regulations and ordinances governing alteration of condition of land or vegetation.

In performing any work which alters the material condition of land or vegetation, the State, its agencies and all political subdivisions in this State shall comply with all the state laws or regulations and local ordinances which are applicable to private persons performing the same type of work.
(Added to NRS by 1971, 508)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.015 - Furnishing impure water for public use unlawful; concentration of fluoride in water.

Every owner, agent, manager, operator or other person having charge of any waterworks furnishing water for public use who shall:
1. Knowingly permit any act or omit any duty or precaution by reason whereof the purity or healthfulness of the water supplied shall become impaired is guilty of a gross misdemeanor.
2. Fail to adjust the naturally occurring fluoride concentration of the water to levels recommended by public health authorities when there has been approval by a majority of the votes cast pursuant to NRS 445A.045, or who shall adjust such concentration if such approval has not been obtained, is guilty of a misdemeanor. The provisions of this subsection do not apply to purveyors of bottled water who label their containers to inform the purchaser that the naturally occurring fluoride concentration of the water has been adjusted to recommended levels.
[1911 C&P § 275; RL § 6540; NCL § 10223]—(NRS A 1967, 768)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.020 - "Public water system" defined.

As used in NRS 445A.020 to 445A.055, inclusive, unless the context otherwise requires, "public water system" has the meaning ascribed to it in NRS 445A.840.
(Added to NRS by 1999, 1112; A 1999, 3169)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.025 - Proposal to adjust concentration of fluoride in water: Receipt by governing body of county, city or town; notice to county clerk.

Whenever the governing body of any city or town or the board of county commissioners receives a written proposal from a supplier of water, public health authorities or from any person or persons that the naturally occurring fluoride concentration of the water be adjusted to levels recommended by public health authorities, such governing body or board may, in its discretion, give notice of such proposal and the geographical area in which the water is distributed to the county clerk of each county in which any water so affected is distributed.
(Added to NRS by 1967, 768)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.030 - Publication of proposal; submission to registered voters.

Upon receipt of such notice, each county clerk shall cause such proposal to be published and submitted to the appropriate registered voters, as specified in NRS 445A.035, in the manner provided by the general election laws for the submission of questions. If required to carry out the provisions of NRS 445A.035, such proposal shall appear on a separate ballot.
(Added to NRS by 1967, 768)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.040 - Certification of votes for and against proposal; results to be sent to supplier of water or Secretary of State.

1. Upon completion of the canvass of the vote, the county clerk shall certify the number of votes cast for and against the proposal to:
(a) The supplier, if the water affected is distributed in but one county.
(b) The Secretary of State, if the water affected is distributed in more than one county.
2. If such results are certified to the Secretary of State, he or she shall compile the results from all counties affected and certify to the supplier the number of votes cast for and against the proposal.
(Added to NRS by 1967, 768)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.050 - Exemptions.

The provisions of NRS 445A.025 to 445A.050, inclusive, do not apply to:
1. A public water system that serves a population of 100,000 or more in a county whose population is 700,000 or more.
2. A water authority, as defined pursuant to NRS 377B.040, and any political subdivision that receives all or a part of its water supply from such a water authority in a county whose population is 700,000 or more.
3. Purveyors of bottled water who label their containers to inform the purchaser that the naturally occurring fluoride concentration of the water has been adjusted to recommended levels.
4. A supplier of water who supplies water to less than 500 users.
(Added to NRS by 1967, 769; A 1969, 1080; 1999, 1114, 3169; 2011, 1260)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.060 - Legislative findings and declarations.

1. The Legislature finds that:
(a) The construction, rehabilitation, operation and maintenance of modern and efficient treatment works and other pollution control projects are essential for the protection and improvement of the waters of this State and the public health of the residents of this State; and
(b) The protection of the waters of this arid state justifies the State’s participation and assistance in a program which provides long-term financing to aid eligible recipients in the construction of treatment works and the implementation of pollution control projects. The provisions of NRS 445A.060 to 445A.160, inclusive, shall be liberally construed to carry out the purposes of NRS 445A.060 to 445A.160, inclusive.
2. The Legislature declares that the creation of an Account to Finance the Construction of Treatment Works and the Implementation of Pollution Control Projects will enable the State to receive its maximum share of the federal money available pursuant to the Federal Water Pollution Control Act of 1972 (33 U.S.C. §§ 1251 et seq.) and ensure that the eligible recipients in this State receive federal money for treatment works and projects and programs for the control of pollution.
3. The Legislature finds and declares that any general obligation bonds or revenue bonds issued pursuant to NRS 445A.155 are necessary for the protection and preservation of the natural resources of this State and for the purpose of obtaining the benefits thereof, and constitutes an exercise of the authority conferred by the second paragraph of Section 3 of Article 9 of the Constitution of the State of Nevada.
(Added to NRS by 1989, 1256; A 1993, 643; 2023, 331)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.065 - Definitions.

As used in NRS 445A.060 to 445A.160, inclusive, unless the context otherwise requires, the words and terms defined in NRS 445A.070 to 445A.115, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1989, 1256; A 1993, 644; 2023, 331)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.080 - "Construction" defined.

"Construction" means any:
1. Preliminary planning to determine the feasibility of treatment works or pollution control projects;
2. Engineering, architectural, legal, fiscal or economic investigations or studies, surveys, designs, plans, working drawings, specifications or procedures which comply with the requirements adopted pursuant to 33 U.S.C. §§ 1381 et seq.; or
3. Other necessary actions including the erection, building, acquisition, alteration, remodeling, improvement or extension of treatment works or pollution control projects, or the inspection or supervision of any item set forth in this section.
(Added to NRS by 1989, 1256)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.096 - Eligible recipient" defined.

"Eligible recipient" means a legal entity that is eligible to receive assistance from the Account in accordance with the provisions of the Clean Water Act, 33 U.S.C. §§ 1381 et seq., including, without limitation, a municipality or interstate agency.
(Added to NRS by 2023, 331)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.110 - "Pollution control project" defined.

"Pollution control project" means any eligible component of the management programs established pursuant to 33 U.S.C. §§ 1251 et seq. The term "pollution control project" is synonymous with the term "nonpoint source control project" as that term is used in 33 U.S.C. § 1329.
(Added to NRS by 1989, 1257)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.120 - Creation and purpose; payment of claims; faith of State pledged.

1. The Account to Finance the Construction of Treatment Works and the Implementation of Pollution Control Projects is hereby created in the Fund for Water Projects Loans, which is hereby created as an enterprise fund.
2. The money in the Account must be used only for the purposes set forth in 33 U.S.C. §§ 1381 et seq.
3. All claims against the Account must be paid as other claims against the State are paid.
4. The faith of the State is hereby pledged that the money in the Account will not be used for purposes other than those authorized by 33 U.S.C. §§ 1381 et seq.
(Added to NRS by 1989, 1257; A 1993, 644; 2001, 2754)
2023 Nevada Revised Statutes › Chapter 445A - Water Controls › NRS 445A.125 - Interest and income; deposits; acceptance of gifts, grants and bequests.

1. The interest and income earned on money in the Account must be credited to the Account.
2. All payments of principal and interest on all loans made to an eligible recipient and all proceeds from the sale, refunding or prepayment of obligations of an eligible recipient acquired or loans made in carrying out the purposes of the Account must be deposited in the State Treasury for credit to the Account.
3. The Division may accept gifts, grants and bequests of money from any public or private source. The money must be deposited in the State Treasury for credit to the Account.
(Added to NRS by 1989, 1257; A 1993, 644; 2023, 331)