Assembly Bill No. 29–Assemblyman Carpenter

 

CHAPTER..........

 

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:

 

   Section 1. Chapter 445A of NRS is hereby amended by adding

thereto a new section to read as follows:

   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 he is making the determination.

   2.  The director is not required to conduct an independent

investigation pursuant to subsection 1 if:

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

based on information that is provided to him 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.

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

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

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

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

ascribed to them in those sections.

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

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

of this act, 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, and section 1 of this act, 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 [to] institute by indictment or

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

445A.710.

   2.  [Such] 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.

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

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

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

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

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

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

   1.  Issue an order:

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

445A.730, inclusive, and section 1 of this act, 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 [time] 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 first

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

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

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

of this act, 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, and section 1

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

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

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

act, the director may issue an order:

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

445A.730, inclusive, and section 1 of this act, 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 [time] period for completing that corrective action.

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

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

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

written petition a hearing before the commission.

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

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

act, 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, and section 1 of

this act, 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, and section 1 of this

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

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

any prohibitory and mandatory injunctions [as] 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 [assure] ensure compliance with the court order within

the [time] period prescribed.

 

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