Assembly Bill No. 29–Assemblyman Carpenter

Prefiled January 22, 2001

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Referred to Committee on Natural Resources,
Agriculture, and Mining

SUMMARY—Requires director of state department of conservation and natural resources to conduct independent investigation before making certain determinations concerning control of water pollution under certain circumstances. (BDR 40‑21)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State: Yes.

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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 water pollution; requiring the director of the state department of conservation and natural resources to conduct an independent investigation before making certain determinations concerning the control of water pollution 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. Chapter 445A of NRS is hereby amended by adding

1-2 thereto a new section to read as follows:

1-3 1. Except as otherwise provided in subsection 2, before determining

1-4 whether to issue an order, commence a civil action, seek injunctive relief

1-5 or request that the attorney general institute a criminal prosecution

1-6 pursuant to NRS 445A.675, 445A.680, 445A.690 or 445A.695, the

1-7 director shall, if possible, conduct an independent investigation of the

1-8 alleged act or practice for which he is making the determination.

1-9 2. The director is not required to conduct an independent

1-10 investigation pursuant to subsection 1 if:

1-11 (a) His determination to take any action specified in that subsection is

1-12 based on information that is provided to him by the holder of a permit

1-13 issued pursuant to NRS 445A.300 to 445A.730, inclusive; or

1-14 (b) The alleged act or practice:

1-15 (1) Occurs on land that is managed or controlled by the United

1-16 States Department of Defense or Department of Energy; or

2-1 (2) Creates an imminent and substantial danger to the public health

2-2 or the environment.

2-3 Sec. 2. NRS 445A.310 is hereby amended to read as follows:

2-4 445A.310 As used in NRS 445A.300 to 445A.730, inclusive, and

2-5 section 1 of this act, unless the context otherwise requires, the words and

2-6 terms defined in NRS 445A.315 to 445A.420, inclusive, have the meanings

2-7 ascribed to them in those sections.

2-8 Sec. 3. NRS 445A.675 is hereby amended to read as follows:

2-9 445A.675 1. [Whenever] Except as otherwise provided in section 1

2-10 of this act, if the director finds that any person is engaged or is about to

2-11 engage in any act or practice which violates any provision of NRS

2-12 445A.300 to 445A.730, inclusive, and section 1 of this act, any standard or

2-13 other regulation adopted by the commission pursuant to those sections, or

2-14 any permit issued by the department pursuant to those sections, except for

2-15 any violation of a provision concerning a diffuse source, the director may:

2-16 (a) Issue an order pursuant to NRS 445A.690;

2-17 (b) Commence a civil action pursuant to NRS 445A.695 or 445A.700;

2-18 or

2-19 (c) Request that the attorney general [to] institute by indictment or

2-20 information a criminal prosecution pursuant to NRS 445A.705 and

2-21 445A.710.

2-22 2. [Such] The remedies and sanctions specified in subsection 1 are

2-23 cumulative, and the institution of any proceeding or action seeking any one

2-24 of the remedies or sanctions does not bar any simultaneous or subsequent

2-25 action or proceeding seeking any other of the remedies or sanctions.

2-26 Sec. 4. NRS 445A.680 is hereby amended to read as follows:

2-27 445A.680 [Whenever] Except as otherwise provided in section 1 of

2-28 this act, if the director finds that any person is engaged or about to engage

2-29 in any act or practice which violates any provision [in NRS 445A.335,] of

2-30 NRS 445A.565 and 445A.570, or any standard or other regulation adopted

2-31 pursuant thereto, with respect to a diffuse source, the director may:

2-32 1. Issue an order:

2-33 (a) Specifying the provision or provisions of NRS 445A.300 to

2-34 445A.730, inclusive, and section 1 of this act, or the regulation or order

2-35 alleged to be violated or about to be violated;

2-36 (b) Indicating the facts alleged which constitute a violation thereof; and

2-37 (c) Prescribing the necessary corrective action to be taken and a

2-38 reasonable [time] period for completing that corrective action,

2-39 but no civil or criminal penalty may be imposed for failure to obey the

2-40 order.

2-41 2. If the corrective action is not taken or completed, or without first

2-42 issuing an order, commence a civil action pursuant to NRS 445A.695.

2-43 Sec. 5. NRS 445A.690 is hereby amended to read as follows:

2-44 445A.690 1. [Whenever] Except as otherwise provided in section 1

2-45 of this act, if the director finds that any person is engaged or is about to

2-46 engage in any act or practice which constitutes or will constitute a violation

2-47 of any provision of NRS 445A.300 to 445A.730, inclusive, and section 1

2-48 of this act, or of any rule, regulation or standard promulgated by the

2-49 commission, or of any permit or order issued by the department [under]

3-1 pursuant to NRS 445A.300 to 445A.730, inclusive, and section 1 of this

3-2 act, the director may issue an order:

3-3 (a) Specifying the provision or provisions of NRS 445A.300 to

3-4 445A.730, inclusive, and section 1 of this act, or the regulation or order

3-5 alleged to be violated or about to be violated;

3-6 (b) Indicating the facts alleged which constitute a violation thereof; and

3-7 (c) Prescribing the necessary corrective action to be taken and a

3-8 reasonable [time] period for completing that corrective action.

3-9 2. Any compliance order is final and is not subject to review unless the

3-10 person [or persons] against whom [such] the order is issued, within 30 days

3-11 after the date [such] on which the order is served, [request] requests by

3-12 written petition a hearing before the commission.

3-13 Sec. 6. NRS 445A.695 is hereby amended to read as follows:

3-14 445A.695 1. [The] Except as otherwise provided in section 1 of this

3-15 act, the director may seek injunctive relief in the appropriate court to

3-16 prevent the continuance or occurrence of any act or practice which violates

3-17 any provision of NRS 445A.300 to 445A.730, inclusive, and section 1 of

3-18 this act, or any permit, rule, regulation or order issued pursuant thereto.

3-19 2. On a showing by the director that a person is engaged, or is about to

3-20 engage, in any act or any practice which violates or will violate any of the

3-21 provisions of NRS 445A.300 to 445A.730, inclusive, and section 1 of this

3-22 act, or any rule, regulation, standard, permit or order issued [thereunder,]

3-23 pursuant to those provisions, the court may issue, without bond [such] ,

3-24 any prohibitory and mandatory injunctions [as] that the facts may warrant,

3-25 including temporary restraining orders issued ex parte or, after notice and

3-26 hearing, preliminary injunctions or permanent injunctions.

3-27 3. Failure to establish lack of an adequate remedy at law or irreparable

3-28 harm is not a ground for denying a request for a temporary restraining

3-29 order or injunction.

3-30 4. The court may require the posting of a sufficient performance bond

3-31 or other security to [assure] ensure compliance with the court order within

3-32 the [time] period prescribed.

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