2001 REGULAR SESSION (71st) A SB424 537
ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend section 1, page 1, line 2, by deleting “6,” and inserting “8,”.
Amend sec. 2, page 1, by deleting lines 4 and 5 and inserting:
“and sections 3 to 8, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3, 4 and 5 of this act have”.
Amend the bill as a whole by renumbering sections 5 through 11 as sections 7 through 13 and adding new sections designated sections 5 and 6, following sec. 4, to read as follows:
“Sec. 5. “Solid waste management authority” has the meaning ascribed to it in NRS 444.495.
Sec. 6. 1. The solid waste management authority in each county whose population is 400,000 or more may establish a program for the control of unlawful dumping and administer the program within its jurisdiction unless superseded.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. In a county whose population is 400,000 or more, 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 444.620, inclusive, and 444.630 to 444.645, inclusive, and sections 2 to 8, inclusive, of this act, or any regulation adopted pursuant to those sections.”.
Amend sec. 5, page 1, line 10, by deleting “county” and inserting:
“solid waste management authority”.
Amend sec. 5, page 1, by deleting lines 13 through 16 and inserting:
“dumping; and
3. Operate and pay the costs of programs of community service relating to the cleaning up of dump sites.”.
Amend sec. 6, page 1, by deleting lines 18 through 20 and inserting:
“444.645, inclusive, and sections 2 to 8, inclusive, of this act, a district health officer”.
Amend sec. 8, page 3, line 1, by deleting “willfully” and inserting “[willfully]”.
Amend sec. 8, page 3, by deleting lines 10 through 33 and inserting:
“(a) For a first offense within the immediately preceding 2 years, a misdemeanor . [and, if the convicted person agrees, he shall be sentenced to]
(b) For a second offense within the immediately preceding 2 years, a gross misdemeanor and shall be punished by imprisonment in the county jail for not fewer than 14 days but not more than 1 year.
(c) For a third or subsequent offense within the immediately preceding 2 years, a gross misdemeanor and shall be punished by imprisonment in the county jail for 1 year.
2. In addition to any criminal penalty imposed pursuant to subsection 1, any civil penalty imposed pursuant to NRS 444.635 and any administrative penalty imposed pursuant to section 6 of this act, a court shall sentence a person convicted of violating subsection 1:
(a) If the person is a natural person, to clean up the dump site and perform 10 hours of work for the benefit of the community under the conditions prescribed in NRS 176.087.
(b) If the person is a business entity:
(1) For a first or second offense within the immediately preceding 2 years, to:
(I) Clean up the dump site; and
(II) Perform 40 hours of community service cleaning up other dump sites identified by the solid waste management authority.
(2) For a third or subsequent offense within the immediately preceding 2 years, to:
(I) Clean up the dump site; and
(II) Perform 200 hours of community service cleaning up other dump sites identified by the solid waste management authority.
3. If a person is sentenced to clean up a dump site pursuant to subsection 2, the person shall:
(a) Within 3 calendar days after sentencing, commence cleaning up the dump site; and
(b) Within 5 business days after cleaning up the dump site, provide to the solid waste management authority proof of the lawful disposal of the sewage, solid waste or other matter that the person was convicted of disposing of unlawfully.
FLUSH
The solid waste management
authority shall prescribe the forms of proof which may be provided to satisfy
the provisions of paragraph (b).
4. In addition to any other penalty prescribed by law, if a business entity is convicted of violating subsection 1:
(a) Such violation constitutes reasonable grounds for the revocation of any license to engage in business that has been issued to the business entity by any governmental entity of this state; and
(b) The solid waste management authority may seek the revocation of such a license by way of any applicable procedures established by the governmental entity that issued the license.
5. Except as otherwise provided in NRS 444.585, ownership of”.
Amend sec. 8, page 3, line 43, by deleting “5.” and inserting “6.”.
Amend sec. 8, page 4, line 5, by deleting “6.” and inserting “7.”.
Amend sec. 8, page 4, line 9, by deleting “7.” and inserting “8.”.
Amend sec. 8, page 4, by deleting lines 22 and 23.
Amend sec. 9, page 4, by deleting lines 31 through 35 and inserting:
“inclusive, a court before whom a defendant is convicted of a violation of the provisions of NRS 444.555, 444.583 or 444.630, shall order the defendant [to pay a civil penalty which is at least $250 but not more than $2,000.]:”.
Amend sec. 9, page 4, line 36, by deleting “(1)” and inserting “(a)”.
Amend sec. 9, page 4, line 38, by deleting “(2)” and inserting “(b)”.
Amend sec. 9, page 4, line 40, by deleting “(3)” and inserting “(c)”.
Amend sec. 9, page 4, line 42, by deleting “(4)” and inserting “(d)”.
Amend sec. 9, page 4, by deleting lines 47 and 48 and inserting:
“[3. The health authority or division of environmental protection of the state department of conservation and natural resources]
4. The solid waste management authority may attempt to”.
Amend sec. 9, page 5, line 5, after “protection” by inserting:
“of the state department of conservation and natural resources”.
Amend sec. 10, page 5, by deleting lines 17 through 19 and inserting:
“444.640 1. The [division of environmental protection of the state department of conservation and natural resources or the district health department] solid waste management authority shall offer a reward[, in an amount equal to 50 percent of the”.
Amend the title of the bill to read as follows:
“AN ACT relating to sanitation; providing that a solid waste management authority may authorize a nonprofit organization to engage in certain activities pertaining to the cleaning up of dump sites and the education of persons regarding unlawful dumping; authorizing the solid waste management authorities of certain larger counties to establish a program for the control of unlawful dumping; authorizing such a solid waste management authority to delegate certain matters of enforcement to an independent hearing officer or hearing board; authorizing a district health officer to exercise subpoena powers with respect to the unlawful disposal of sewage and solid waste; providing certain civil and other penalties; and providing other matters properly relating thereto.”.