Senate Bill No. 424–Senator Titus

 

March 19, 2001

____________

 

Referred to Committee on Human Resources and Facilities

 

SUMMARY—Revises provisions concerning unlawful disposal of certain types of waste. (BDR 40‑61)

 

FISCAL NOTE:            Effect on Local Government: Yes.

                                    Effect on the State: Yes.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to sanitation; providing that a county 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 certain governmental entities 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.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. Chapter 444 of NRS is hereby amended by adding thereto

1-2  the provisions set forth as sections 2 to 6, inclusive, of this act.

1-3    Sec. 2.  As used in this section, NRS 444.630 to 444.645, inclusive,

1-4  and sections 3 to 6, inclusive, of this act, unless the context otherwise

1-5  requires, the words and terms defined in sections 3 and 4 of this act have

1-6  the meanings ascribed to them in those sections.

1-7    Sec. 3.  “Dump site” means a location at which solid waste is

1-8  disposed of unlawfully.

1-9    Sec. 4.  “Solid waste” has the meaning ascribed to it in NRS 444.490.

1-10    Sec. 5.  A county may authorize a nonprofit organization to:

1-11    1.  Organize the cleaning up of dump sites;

1-12    2.  Provide educational materials and programs regarding unlawful

1-13  dumping;

1-14    3.  Operate and pay the costs of programs of community service

1-15  relating to the cleaning up of dump sites; and

1-16    4.  Monitor violations of NRS 444.630 to 444.645, inclusive.

1-17    Sec. 6. 1.  In carrying out the provisions of NRS 444.630 to

1-18  444.645, inclusive:

1-19    (a) The state environmental commission; and

1-20    (b) A district board of health created pursuant to NRS 439.370,

2-1  may by subpoena require the attendance and testimony of witnesses and

2-2  the production of reports, papers, documents and other evidence which

2-3  they deem necessary.

2-4    2.  If any person to whom a subpoena has been directed pursuant to

2-5  subsection 1 refuses to attend, testify or produce any evidence specified in

2-6  the subpoena, the person who issued the subpoena may present a

2-7  petition, to a court of competent jurisdiction where the person to whom

2-8  the subpoena was directed is subject to service of process, setting forth

2-9  that:

2-10    (a) Notice has been given of the time and place at which the person

2-11  was required to attend, testify or produce evidence;

2-12    (b) A subpoena has been mailed to or personally served on the witness

2-13  or custodian of the evidence in sufficient time to enable him to comply

2-14  with its provisions; and

2-15    (c) The person has failed or refused to attend, answer questions or

2-16  produce evidence specified in the subpoena,

2-17  and asking that the court issue an order compelling the person to attend

2-18  and to testify or produce the evidence specified in the subpoena.

2-19    3.  When a court receives a petition pursuant to subsection 2, it shall

2-20  order the person to whom the subpoena was directed to appear at a time

2-21  and place fixed by the court in its order, which must be not more than 10

2-22  days after the date of the order, and show cause why he should not be

2-23  held in contempt. A certified copy of the order must be mailed to or

2-24  personally served on the person to whom the subpoena was directed.

2-25    4.  If it appears to the court that the subpoena was properly issued

2-26  and that the person’s failure or refusal to appear, answer questions or

2-27  produce evidence was without sufficient reason, the court shall order the

2-28  person to appear at a time and place fixed by the court and to testify or

2-29  produce the specified evidence. If the person fails to comply with the

2-30  order of the court, he may be punished as for a contempt of court.

2-31    Sec. 7  NRS 444.610 is hereby amended to read as follows:

2-32    444.610  1.  Any person who violates any regulation adopted by the

2-33  state environmental commission or any ordinance or resolution adopted by

2-34  the governing body of a municipality or district board of health is guilty of

2-35  a misdemeanor.

2-36    2.  Each day or part of a day during which such violation is continued

2-37  or repeated constitutes a separate offense.

2-38    3.  Except as otherwise provided in NRS 445C.010 to 445C.120,

2-39  inclusive:

2-40    (a) A person convicted of violating subsection 1 is, in addition to any

2-41  criminal penalty imposed, liable for a civil penalty upon each such

2-42  conviction; and

2-43    (b) A court, before whom a defendant is convicted of a violation of

2-44  subsection 1, shall for each violation order the defendant to pay a civil

2-45  penalty which is at least $500 but not more than $5,000.

2-46    Sec. 8.  NRS 444.630 is hereby amended to read as follows:

2-47    444.630  1.  [As used in this section, “garbage” includes swill, refuse,

2-48  cans, bottles, paper, vegetable matter, carcass of any dead animal, offal

2-49  from any slaughter pen or butcher shop, trash or rubbish.

3-1    2. Every] A person who willfully places, deposits or dumps, or who

3-2  causes to be placed, deposited or dumped, or who causes or allows to

3-3  overflow, any sewage, sludge, cesspool or septic tank effluent, or

3-4  accumulation of human excreta, or any [garbage,] solid waste, in or upon

3-5  any street, alley, public highway or road in common use, or upon any

3-6  public park or other public property other than property designated or set

3-7  aside for such a purpose by the governing body having charge thereof, or

3-8  upon any private property , [into or upon which the public is admitted by

3-9  easement, license or otherwise,] is guilty of :

3-10    (a) For the first offense, a misdemeanor . [and, if the convicted person

3-11  agrees, he shall be sentenced to]

3-12    (b) For any subsequent offense, a gross misdemeanor.

3-13    2.  In addition to any other fine or penalty imposed, a court shall

3-14  sentence a person convicted of violating subsection 1:

3-15    (a) If the person is a natural person, to clean up the dump site and

3-16  perform 10 hours of work for the benefit of the community under the

3-17  conditions prescribed in NRS 176.087.

3-18    [3.] (b) If the person is a business entity:

3-19      (1) For a first offense within 1 year, to clean up the dump site.

3-20      (2) For a second offense within 1 year, to clean up the dump site

3-21  and shall order the person to suspend all business operations for 15 days.

3-22      (3) For a third offense within 1 year, to clean up the dump site, and

3-23  shall issue an order revoking the business license, if any, of the business

3-24  entity and prohibiting the person, for 1 year, from engaging in any

3-25  similar type of business in the county in which the offense occurred.

3-26    3.  If a person is sentenced to clean up a dump site pursuant to

3-27  subsection 2, the person shall, within 10 business days after cleaning up

3-28  the dump site, provide to the solid waste management authority proof of

3-29  the lawful disposal of the sewage, solid waste or other matter that the

3-30  person was convicted of disposing of unlawfully. The solid waste

3-31  management authority shall prescribe the forms of proof which may be

3-32  provided to satisfy the provisions of this subsection.

3-33    4.  Except as otherwise provided in NRS 444.585, ownership of

3-34  [garbage] solid waste does not transfer from the person who originally

3-35  possessed it until it is received for transport by a person authorized to

3-36  dispose of solid waste pursuant to this chapter or until it is disposed of at a

3-37  municipal disposal site. Identification of the owner of any [garbage] solid

3-38  waste which is disposed of in violation of subsection [2] 1 creates a

3-39  reasonable inference that the owner is the person who disposed of the

3-40  [garbage.] solid waste. The fact that the disposal of the [garbage] solid

3-41  waste was not witnessed does not, in and of itself, preclude the

3-42  identification of its owner.

3-43    [4.] 5.  All:

3-44    (a) Health officers and their deputies;

3-45    (b) Game wardens;

3-46    (c) Police officers of cities and towns;

3-47    (d) Sheriffs and their deputies;

3-48    (e) Other peace officers of the State of Nevada; and

4-1    (f) Other persons who are specifically designated by the local

4-2  government to do so,

4-3  shall, within their respective jurisdictions, enforce the provisions of this

4-4  section.

4-5    [5.] 6.  A district health officer or his deputy or other person

4-6  specifically designated by the local government to do so may issue a

4-7  citation for any violation of this section which occurs within his

4-8  jurisdiction.

4-9    [6.] 7.  To effectuate the purposes of this section, the persons charged

4-10  with enforcing this section may request information from any:

4-11    (a) Agency of the state or its political subdivisions.

4-12    (b) Employer, public or private.

4-13    (c) Employee organization or trust of any kind.

4-14    (d) Financial institution or other entity which is in the business of

4-15  providing credit reports.

4-16    (e) Public utility.

4-17  Each of these persons and entities, their officers and employees, shall

4-18  cooperate by providing any information in their possession which may aid

4-19  in the location and identification of a person believed to be in violation of

4-20  subsection [2.] 1. A disclosure made in good faith pursuant to this

4-21  subsection does not give rise to any action for damages for the disclosure.

4-22    8.  As used in this section, “solid waste management authority” has

4-23  the meaning ascribed to it in NRS 444.495.

4-24    Sec. 9.  NRS 444.635 is hereby amended to read as follows:

4-25    444.635  1.  Except as otherwise provided in NRS 445C.010 to

4-26  445C.120, inclusive, a person convicted of violating NRS 444.555 and, in

4-27  addition to the penalty imposed [in] pursuant to NRS 444.583 or 444.630,

4-28  any person convicted of violating NRS 444.583 or 444.630 is liable for a

4-29  civil penalty[,] upon each such conviction.

4-30    2.  Except as otherwise provided in NRS 445C.010 to 445C.120,

4-31  inclusive, a court before whom a defendant is convicted of a violation of :

4-32    (a) The provisions of NRS 444.555[, 444.583 or 444.630,] or 444.583

4-33  shall order the defendant to pay a civil penalty which is at least $250 but

4-34  not more than $2,000.

4-35    (b) The provisions of NRS 444.630, shall order the defendant:

4-36      (1) For a first offense, to pay a civil penalty which is at least $500

4-37  but not more than $5,000.

4-38      (2) For a second offense, to pay a civil penalty which is at least

4-39  $1,000 but not more than $5,500.

4-40      (3) For a third offense, to pay a civil penalty which is at least $1,500

4-41  but not more than $6,000.

4-42      (4) For any subsequent offense, to pay a civil penalty which is at

4-43  least $500 more than the most recent previous civil penalty that the

4-44  defendant was ordered to pay pursuant to this paragraph.

4-45    3.  If so provided by the court, [the] a penalty imposed pursuant to this

4-46  section may be paid in installments.

4-47    [3.] 4.  The health authority or division of environmental protection of

4-48  the state department of conservation and natural resources may attempt to

5-1  collect all such penalties and installments which are in default in any

5-2  manner provided by law for the enforcement of a judgment.

5-3    [4.] 5.  Each court which receives money [under] pursuant to the

5-4  provisions of this section shall forthwith remit the money to the division of

5-5  environmental protection or, if the health authority initiated the action, the

5-6  district health department which shall deposit the money with the state

5-7  treasurer for credit in a separate account in the state general fund or with

5-8  the county treasurer for deposit in an account for the district health

5-9  department, as the case may be. Money so deposited must be [used] :

5-10    (a) Used only to pay [rewards] :

5-11      (1) Rewards pursuant to NRS 444.640 [or for] ;

5-12      (2) For education regarding the unlawful disposal of solid waste;

5-13      (3) For the cleaning up of dump sites; and

5-14      (4) For the management of solid waste ; and [paid]

5-15    (b) Paid as other claims against the state or local governments are paid.

5-16    Sec. 10.  NRS 444.640 is hereby amended to read as follows:

5-17    444.640  1.  The division of environmental protection of the state

5-18  department of conservation and natural resources or the district health

5-19  department shall offer a reward[, in an amount equal to 50 percent of the

5-20  civil penalty imposed pursuant to NRS 444.635,] of $100 for information

5-21  leading to the arrest and conviction of any person violating NRS 444.555

5-22  or 444.630. The reward must be paid upon his conviction and the payment

5-23  in full of the penalty. The reward must be distributed equally among the

5-24  persons who supplied the information which led to the arrest and

5-25  conviction.

5-26    2.  The state environmental commission or district board of health may

5-27  adopt regulations necessary to carry out the provisions of this section.

5-28    Sec. 11.  The amendatory provisions of this act do not apply to

5-29  offenses committed before October 1, 2001.

 

5-30  H