Senate Bill No. 90–Committee on Natural Resources

February 8, 2001

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Referred to Committee on Natural Resources

SUMMARY—Exempts certain persons who hold operating permits for certain sources of emissions of air contaminants from imposition of certain penalties under certain circumstances. (BDR 40‑883)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State: No.

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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 air pollution; exempting certain persons who hold operating permits for certain sources of emissions of air contaminants from the imposition of certain penalties 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. NRS 445B.470 is hereby amended to read as follows:

1-2 445B.470 1. A person shall not knowingly:

1-3 (a) Violate any applicable provision, the terms or conditions of any

1-4 permit or any provision for the filing of information;

1-5 (b) Fail to pay any fee;

1-6 (c) Falsify any material statement, representation or certification in any

1-7 notice or report; or

1-8 (d) Render inaccurate any monitoring device or method,

1-9 required pursuant to the provisions of NRS 445B.100 to 445B.450,

1-10 inclusive, or 445B.470 to 445B.640, inclusive, or any regulation adopted

1-11 pursuant to those provisions.

1-12 2. Except as otherwise provided in subsection 3:

1-13 (a) Any person who violates any provision of subsection 1 shall be

1-14 punished by a fine of not more than $10,000 for each day of the violation.

1-15 [3.] (b) The burden of proof and degree of knowledge required to

1-16 establish a violation of subsection 1 are the same as those required by 42

1-17 U.S.C. § 7413(c), as that section [exists] existed on October 1, 1993.

1-18 3. If an owner or operator of a source who holds an operating permit

1-19 for a construction site complies with all the terms and conditions of the

1-20 operating permit, the owner or operator is not subject to a penalty

1-21 pursuant to subsection 2 if the air contaminant becomes airborne

2-1 through conditions beyond the reasonable control of the owner or

2-2 operator of the source.

2-3 4. If, in the judgment of the director of the department or his designee,

2-4 any person is engaged in any act or practice which constitutes a criminal

2-5 offense under NRS 445B.100 to 445B.640, inclusive, the director of the

2-6 department or his designee may request the attorney general or the district

2-7 attorney of the county in which the criminal offense is alleged to have

2-8 occurred to institute by indictment or information a criminal prosecution of

2-9 the person.

2-10 H