(REPRINTED WITH ADOPTED AMENDMENTS)

 

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 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.

 

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 8, 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 8, inclusive, of this act, unless the context otherwise

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

1-6  have 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.  “Solid waste management authority” has the meaning

1-11  ascribed to it in NRS 444.495.

1-12    Sec. 6.  1.  The solid waste management authority in each county

1-13  whose population is 400,000 or more may establish a program for the

1-14  control of unlawful dumping and administer the program within its

1-15  jurisdiction unless superseded.

1-16    2.  The program established pursuant to subsection 1 must:

2-1    (a) Include standards and procedures for the control of unlawful

2-2  dumping which are equivalent to or stricter than those established by

2-3  statute or state regulation; and

2-4    (b) Provide for adequate administration and enforcement.

2-5    3.  In a county whose population is 400,000 or more, the solid waste

2-6  management authority may delegate to an independent hearing officer or

2-7  hearing board the authority to determine violations and levy

2-8  administrative penalties for violations of the provisions of NRS 444.440

2-9  to 444.620, inclusive, and 444.630 to 444.645, inclusive, and sections 2 to

2-10  8, inclusive, of this act, or any regulation adopted pursuant to those

2-11  sections.

2-12    Sec. 7.  A solid waste management authority may authorize a

2-13  nonprofit organization to:

2-14    1.  Organize the cleaning up of dump sites;

2-15    2.  Provide educational materials and programs regarding unlawful

2-16  dumping; and

2-17    3.  Operate and pay the costs of programs of community service

2-18  relating to the cleaning up of dump sites.

2-19    Sec. 8.  1.  In carrying out the provisions of NRS 444.630 to

2-20  444.645, inclusive, and sections 2 to 8, inclusive, of this act, a district

2-21  health officer may by subpoena require the attendance and testimony of

2-22  witnesses and the production of reports, papers, documents and other

2-23  evidence which they deem necessary.

2-24    2.  If any person to whom a subpoena has been directed pursuant to

2-25  subsection 1 refuses to attend, testify or produce any evidence specified in

2-26  the subpoena, the person who issued the subpoena may present a

2-27  petition, to a court of competent jurisdiction where the person to whom

2-28  the subpoena was directed is subject to service of process, setting forth

2-29  that:

2-30    (a) Notice has been given of the time and place at which the person

2-31  was required to attend, testify or produce evidence;

2-32    (b) A subpoena has been mailed to or personally served on the witness

2-33  or custodian of the evidence in sufficient time to enable him to comply

2-34  with its provisions; and

2-35    (c) The person has failed or refused to attend, answer questions or

2-36  produce evidence specified in the subpoena,

2-37  and asking that the court issue an order compelling the person to attend

2-38  and to testify or produce the evidence specified in the subpoena.

2-39    3.  When a court receives a petition pursuant to subsection 2, it shall

2-40  order the person to whom the subpoena was directed to appear at a time

2-41  and place fixed by the court in its order, which must be not more than 10

2-42  days after the date of the order, and show cause why he should not be

2-43  held in contempt. A certified copy of the order must be mailed to or

2-44  personally served on the person to whom the subpoena was directed.

2-45    4.  If it appears to the court that the subpoena was properly issued

2-46  and that the person’s failure or refusal to appear, answer questions or

2-47  produce evidence was without sufficient reason, the court shall order the

2-48  person to appear at a time and place fixed by the court and to testify or

3-1  produce the specified evidence. If the person fails to comply with the

3-2  order of the court, he may be punished as for a contempt of court.

3-3    Sec. 9.  NRS 444.610 is hereby amended to read as follows:

3-4    444.610  1.  Any person who violates any regulation adopted by the

3-5  state environmental commission or any ordinance or resolution adopted by

3-6  the governing body of a municipality or district board of health is guilty of

3-7  a misdemeanor.

3-8    2.  Each day or part of a day during which such violation is continued

3-9  or repeated constitutes a separate offense.

3-10    3.  Except as otherwise provided in NRS 445C.010 to 445C.120,

3-11  inclusive:

3-12    (a) A person convicted of violating subsection 1 is, in addition to any

3-13  criminal penalty imposed, liable for a civil penalty upon each such

3-14  conviction; and

3-15    (b) A court, before whom a defendant is convicted of a violation of

3-16  subsection 1, shall for each violation order the defendant to pay a civil

3-17  penalty which is at least $500 but not more than $5,000.

3-18    Sec. 10.  NRS 444.630 is hereby amended to read as follows:

3-19    444.630  1.  [As used in this section, “garbage” includes swill, refuse,

3-20  cans, bottles, paper, vegetable matter, carcass of any dead animal, offal

3-21  from any slaughter pen or butcher shop, trash or rubbish.

3-22    2. Every] A person who [willfully] places, deposits or dumps, or who

3-23  causes to be placed, deposited or dumped, or who causes or allows to

3-24  overflow, any sewage, sludge, cesspool or septic tank effluent, or

3-25  accumulation of human excreta, or any [garbage,] solid waste, in or upon

3-26  any street, alley, public highway or road in common use, or upon any

3-27  public park or other public property other than property designated or set

3-28  aside for such a purpose by the governing body having charge thereof, or

3-29  upon any private property , [into or upon which the public is admitted by

3-30  easement, license or otherwise,] is guilty of :

3-31    (a) For a first offense within the immediately preceding 2 years, a

3-32  misdemeanor. [and, if the convicted person agrees, he shall be sentenced

3-33  to]

3-34    (b) For a second offense within the immediately preceding 2 years, a

3-35  gross misdemeanor and shall be punished by imprisonment in the county

3-36  jail for not fewer than 14 days but not more than 1 year.

3-37    (c) For a third or subsequent offense within the immediately

3-38  preceding 2 years, a gross misdemeanor and shall be punished by

3-39  imprisonment in the county jail for 1 year.

3-40    2.  In addition to any criminal penalty imposed pursuant to

3-41  subsection 1, any civil penalty imposed pursuant to NRS 444.635 and any

3-42  administrative penalty imposed pursuant to section 6 of this act, a court

3-43  shall sentence a person convicted of violating subsection 1:

3-44    (a) If the person is a natural person, to clean up the dump site and

3-45  perform 10 hours of work for the benefit of the community under the

3-46  conditions prescribed in NRS 176.087.

3-47    (b) If the person is a business entity:

3-48      (1) For a first or second offense within the immediately preceding 2

3-49  years, to:

4-1         (I) Clean up the dump site; and

4-2         (II) Perform 40 hours of community service cleaning up other

4-3  dump sites identified by the solid waste management authority.

4-4       (2) For a third or subsequent offense within the immediately

4-5  preceding 2 years, to:

4-6         (I) Clean up the dump site; and

4-7         (II) Perform 200 hours of community service cleaning up other

4-8  dump sites identified by the solid waste management authority.

4-9    3.  If a person is sentenced to clean up a dump site pursuant to

4-10  subsection 2, the person shall:

4-11    (a) Within 3 calendar days after sentencing, commence cleaning up

4-12  the dump site; and

4-13    (b) Within 5 business days after cleaning up the dump site, provide to

4-14  the solid waste management authority proof of the lawful disposal of the

4-15  sewage, solid waste or other matter that the person was convicted of

4-16  disposing of unlawfully.

4-17  The solid waste management authority shall prescribe the forms of proof

4-18  which may be provided to satisfy the provisions of paragraph (b).

4-19    4.  In addition to any other penalty prescribed by law, if a business

4-20  entity is convicted of violating subsection 1:

4-21    (a) Such violation constitutes reasonable grounds for the revocation

4-22  of any license to engage in business that has been issued to the business

4-23  entity by any governmental entity of this state; and

4-24    (b) The solid waste management authority may seek the revocation of

4-25  such a license by way of any applicable procedures established by the

4-26  governmental entity that issued the license.

4-27    5.  Except as otherwise provided in NRS 444.585, ownership of

4-28  [garbage] solid waste does not transfer from the person who originally

4-29  possessed it until it is received for transport by a person authorized to

4-30  dispose of solid waste pursuant to this chapter or until it is disposed of at a

4-31  municipal disposal site. Identification of the owner of any [garbage] solid

4-32  waste which is disposed of in violation of subsection [2] 1 creates a

4-33  reasonable inference that the owner is the person who disposed of the

4-34  [garbage.] solid waste. The fact that the disposal of the [garbage] solid

4-35  waste was not witnessed does not, in and of itself, preclude the

4-36  identification of its owner.

4-37    [4.] 6.  All:

4-38    (a) Health officers and their deputies;

4-39    (b) Game wardens;

4-40    (c) Police officers of cities and towns;

4-41    (d) Sheriffs and their deputies;

4-42    (e) Other peace officers of the State of Nevada; and

4-43    (f) Other persons who are specifically designated by the local

4-44  government to do so,

4-45  shall, within their respective jurisdictions, enforce the provisions of this

4-46  section.

4-47    [5.] 7.  A district health officer or his deputy or other person

4-48  specifically designated by the local government to do so may issue a

5-1  citation for any violation of this section which occurs within his

5-2  jurisdiction.

5-3    [6.] 8.  To effectuate the purposes of this section, the persons charged

5-4  with enforcing this section may request information from any:

5-5    (a) Agency of the state or its political subdivisions.

5-6    (b) Employer, public or private.

5-7    (c) Employee organization or trust of any kind.

5-8    (d) Financial institution or other entity which is in the business of

5-9  providing credit reports.

5-10    (e) Public utility.

5-11  Each of these persons and entities, their officers and employees, shall

5-12  cooperate by providing any information in their possession which may aid

5-13  in the location and identification of a person believed to be in violation of

5-14  subsection [2.] 1. A disclosure made in good faith pursuant to this

5-15  subsection does not give rise to any action for damages for the disclosure.

5-16    Sec. 11.  NRS 444.635 is hereby amended to read as follows:

5-17    444.635  1.  Except as otherwise provided in NRS 445C.010 to

5-18  445C.120, inclusive, a person convicted of violating NRS 444.555 and, in

5-19  addition to the penalty imposed [in] pursuant to NRS 444.583 or 444.630,

5-20  any person convicted of violating NRS 444.583 or 444.630 is liable for a

5-21  civil penalty[,] upon each such conviction.

5-22    2.  Except as otherwise provided in NRS 445C.010 to 445C.120,

5-23  inclusive, a court before whom a defendant is convicted of a violation of

5-24  the provisions of NRS 444.555, 444.583 or 444.630, shall order the

5-25  defendant [to pay a civil penalty which is at least $250 but not more than

5-26  $2,000.]:

5-27    (a) For a first offense, to pay a civil penalty which is at least $500 but

5-28  not more than $5,000.

5-29    (b) For a second offense, to pay a civil penalty which is at least $1,000

5-30  but not more than $5,500.

5-31    (c) For a third offense, to pay a civil penalty which is at least $1,500

5-32  but not more than $6,000.

5-33    (d) For any subsequent offense, to pay a civil penalty which is at least

5-34  $500 more than the most recent previous civil penalty that the defendant

5-35  was ordered to pay pursuant to this paragraph.

5-36    3.  If so provided by the court, [the] a penalty imposed pursuant to this

5-37  section may be paid in installments.

5-38    [3.  The health authority or division of environmental protection of the

5-39  state department of conservation and natural resources]

5-40    4.  The solid waste management authority may attempt to collect all

5-41  such penalties and installments which are in default in any manner

5-42  provided by law for the enforcement of a judgment.

5-43    [4.] 5.  Each court which receives money [under] pursuant to the

5-44  provisions of this section shall forthwith remit the money to the division of

5-45  environmental protection of the state department of conservation and

5-46  natural resources or, if the health authority initiated the action, the district

5-47  health department which shall deposit the money with the state treasurer

5-48  for credit in a separate account in the state general fund or with the county

6-1  treasurer for deposit in an account for the district health department, as the

6-2  case may be. Money so deposited must be [used] :

6-3    (a) Used only to pay [rewards] :

6-4       (1) Rewards pursuant to NRS 444.640 [or for] ;

6-5       (2) For education regarding the unlawful disposal of solid waste;

6-6       (3) For the cleaning up of dump sites; and

6-7       (4) For the management of solid waste ; and [paid]

6-8    (b) Paid as other claims against the state or local governments are paid.

6-9    Sec. 12.  NRS 444.640 is hereby amended to read as follows:

6-10    444.640  1.  The [division of environmental protection of the state

6-11  department of conservation and natural resources or the district health

6-12  department] solid waste management authority shall offer a reward[, in an

6-13  amount equal to 50 percent of the civil penalty imposed pursuant to NRS

6-14  444.635,] of $100 for information leading to the arrest and conviction of

6-15  any person violating NRS 444.555 or 444.630. The reward must be paid

6-16  upon his conviction and the payment in full of the penalty. The reward

6-17  must be distributed equally among the persons who supplied the

6-18  information which led to the arrest and conviction.

6-19    2.  The state environmental commission or district board of health may

6-20  adopt regulations necessary to carry out the provisions of this section.

6-21    Sec. 13.  The amendatory provisions of this act do not apply to

6-22  offenses committed before October 1, 2001.

 

6-23  H