Existing law sets forth provisions governing the collection and disposal of solid waste. (NRS 444.440-444.645) For the purposes of such provisions, existing law defines a “solid waste management authority” to mean: (1) the district board of health in any area in which a health district has been created and, under certain circumstances, certain other areas under the jurisdiction of the board, if the board has adopted certain regulations; and (2) the Division of Environmental Protection of the State Department of Conservation and Natural Resources, in all other areas of the State and at any site previously used for the production of electricity from a coal-fired electric generating plant. (NRS 444.495) Section 4 of this bill authorizes the Administrator of the Division to designate a district board of health to act as a solid waste management authority or to carry out limited duties of a solid waste management authority if the district board of health: (1) applies to the Administrator for such a designation; (2) demonstrates that the district board of health is capable of carrying out the provisions of existing law relating to solid waste management, as determined by the Administrator; and (3) has adopted certain regulations relating to solid waste management. Section 13.5 of this bill requires the State Environmental Commission to adopt regulations establishing the criteria for a district board of health to demonstrate capability to be designated by the Administrator. Section 34 of this bill provides that any district board of health that is currently acting as a solid waste management authority shall be deemed to have been determined capable by the Administrator and may continue to act as a solid waste management authority. Section 7 of this bill revises the definition of “solid waste management authority” to mean: (1) a district board of health if the board is designated under section 4; and (2) the Division, in all other areas of the State and at any site previously used for the production of electricity from a coal-fired electric generating plant. As a result of this change, a district board of health that is not designated by the Administrator is not authorized to act as a solid waste management authority. Consistent with these changes, sections 8, 13 and 16 of this bill provide that only a designated district board of health of a health district is required to adopt certain regulations relating to the collection and disposal of solid waste. Sections 8.5, 9, 14, 18 and 19 of this bill make conforming changes to reflect the divestment of the authority of a district board of health of a health district that is not designated to act as a solid waste management authority. Existing law authorizes any district board of health and any governing body of a municipality to adopt certain standards and regulations relating to solid waste disposal sites and solid waste management systems that are more restrictive than those adopted by the Commission and authorizes the district board of health to issue permits thereunder. Existing law also authorizes any district board of health to adopt such other regulations as are necessary to carry out provisions relating to the collection and disposal of solid waste. (NRS 444.580) Section 15 of this bill provides that certain standards and regulations adopted by a district board of health or governing body must be consistent with an approved plan to provide for a solid waste management system. Section 15 also provides that if a district board of health adopts regulations other than standards and regulations for the location, design, construction, operation and maintenance of a solid waste management system or solid waste disposal system that are more restrictive than those adopted by the Commission, the district board of health must provide reasonable notification of the proposed regulations to the Division. Section 2 of this bill defines “health district” for the purposes of existing law governing the collection and disposal of solid waste. Section 10 of this bill makes conforming changes to a reference to this term. Section 3 of this bill defines the “Resource Conservation and Recovery Act” and, consistent with this definition, sections 6, 11-13 and 16 of this bill revise references to that Act in existing law governing the collection and disposal of solid waste. Section 5 of this bill applies the definitions in existing law and sections 2 and 3 to the provisions of existing law and section 4 that govern the collection and disposal of solid waste. Sections 17 and 18 of this bill make provisions of existing law establishing the powers of a solid waste management authority to enforce existing law, recover civil penalties or damages, obtain injunctive relief or issue subpoenas apply to the provisions of sections 2-4. Existing law sets forth certain provisions governing public water systems and authorizes the Division and a district board of health to administer and enforce these provisions. (NRS 445A.800-445A.955) Existing law also authorizes the State Environmental Commission to designate a district board of health to issue permits to an owner of a public water system to operate the system. (NRS 445A.860, 445A.885) Section 20 of this bill authorizes the Administrator of the Division to designate the district board of health of the health district to issue permits or administer and enforce the provisions or limited provisions governing public water systems if the district board of health: (1) applies for such a designation; and (2) demonstrates to the Administrator that the district board is capable of performing such actions. Section 23 of this bill requires the Commission to adopt regulations establishing the criteria for a district board of health to demonstrate capability to be designated by the Administrator. Section 34 provides that any district board of health that is currently administering and enforcing the provisions governing public water systems shall be deemed to have been designated by the Administrator and may continue to administer and enforce those provisions. Consistent with these changes, sections 23 and 24-28 of this bill limit the authority of a district board of health to issue permits or administer and enforce the provisions governing public water systems to only a district board of health designated by the Administrator. Section 22 of this bill revises the definition of the term “district board of health” to clarify that a health district is created pursuant to certain provisions of existing law. Section 21 of this bill applies the definitions in existing law governing public water systems to section 20. Sections 29-33 of this bill make certain provisions of existing law governing the enforcement powers of the Division, the imposition of civil penalties, administrative fines and criminal penalties and obtaining injunctive relief apply to section 20. Section 23.5 of this bill makes a conforming change to revise an internal reference to a provision of the Nevada Revised Statutes.

Statutes affected:
As Introduced: 444.450, 444.465, 444.495, 444.505, 444.509, 444.510, 444.556, 444.557, 444.558, 444.570, 444.580, 444.590, 444.592, 444.605, 444.629, 445A.805, 445A.812, 445A.860, 445A.885, 445A.895, 445A.920, 445A.925, 445A.940, 445A.943, 445A.945, 445A.950, 445A.952, 445A.955
Reprint 1: 444.450, 444.465, 444.495, 444.505, 444.507, 444.509, 444.510, 444.556, 444.557, 444.558, 444.560, 444.570, 444.580, 444.590, 444.592, 444.605, 444.629, 445A.805, 445A.812, 445A.860, 445A.861, 445A.885, 445A.895, 445A.920, 445A.925, 445A.940, 445A.943, 445A.945, 445A.950, 445A.952, 445A.955
BDR: 444.450, 444.465, 444.495, 444.505, 444.509, 444.510, 444.556, 444.557, 444.558, 444.570, 444.580, 444.590, 444.592, 444.605, 444.629, 445A.805, 445A.812, 445A.860, 445A.885, 445A.895, 445A.920, 445A.925, 445A.940, 445A.943, 445A.945, 445A.950, 445A.952, 445A.955