Senate Bill No. 447–Committee on Natural Resources

March 15, 1999

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Referred to Committee on Natural Resources

 

SUMMARY—Exempts certain persons who hold operating permits for sources of emissions of air contaminants from imposition of certain penalties under certain circumstances. (BDR 40-890)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to air pollution; exempting certain persons who hold operating permits for sources of emissions of air contaminants from the imposition of certain penalties under certain circumstances; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 445B.470 is hereby amended to read as follows:

1-2 445B.470 1. A person shall not knowingly:

1-3 (a) Violate any applicable provision, the terms or conditions of any

1-4 permit or any provision for the filing of information;

1-5 (b) Fail to pay any fee;

1-6 (c) Falsify any material statement, representation or certification in any

1-7 notice or report; or

1-8 (d) Render inaccurate any monitoring device or method,

1-9 required pursuant to the provisions of NRS 445B.100 to 445B.450,

1-10 inclusive, or 445B.470 to 445B.640, inclusive, or any regulation adopted

1-11 pursuant to those provisions.

1-12 2. If an owner or operator of a source who holds an operating permit

1-13 complies with all of the terms and conditions of the operating permit, the

1-14 owner or operator is not subject to a penalty pursuant to subsection 3 if

1-15 the air contaminant becomes airborne through conditions beyond the

1-16 control of the owner or operator of the source.

2-1 3. Any person who violates any provision of subsection 1 shall be

2-2 punished by a fine of not more than $10,000 for each day of the violation.

2-3 [3. The]

2-4 4. Except as otherwise provided in subsection 2, the burden of proof

2-5 and degree of knowledge required to establish a violation of subsection 1

2-6 are the same as those required by 42 U.S.C. § 7413(c), as that section exists

2-7 on October 1, 1993.

2-8 [4.] 5. If, in the judgment of the director of the department or his

2-9 designee, any person is engaged in any act or practice which constitutes a

2-10 criminal offense under NRS 445B.100 to 445B.640, inclusive, the director

2-11 of the department or his designee may request the attorney general or the

2-12 district attorney of the county in which the criminal offense is alleged to

2-13 have occurred to institute by indictment or information a criminal

2-14 prosecution of the person.

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