Existing law sets forth various requirements to control water pollution in this State, including providing for the issuance of a general permit or an individual permit for discharges into the waters of the State. (NRS 445A.475) Existing law requires: (1) the State Department of Conservation and Natural Resources, with certain exceptions, to notify each interested person, appropriate governmental agency and affected Indian tribe of each complete application for such a permit and provide them with an opportunity to submit written views and recommendations on the permit; and (2) the State Environmental Commission, with certain exceptions, to provide by regulation an opportunity for each permit applicant, interested agency, city, county, Indian tribe or irrigation district located downstream from the point of discharge, or any person to request a public hearing with respect to a permit application. (NRS 445A.590, 445A.595) Section 2 of this bill requires each city, county, unincorporated town, district or water authority in this State and authorizes each Indian tribe in this State that collects data on the water quality of the State or discharges into the waters of the State to report such data to the Division of Environmental Protection of the Department. Section 3 of this bill requires any city, county, unincorporated town, district or water authority of this State: (1) in the event of an incident resulting in sewage, industrial waste or any other unauthorized discharge into the waters of the State, under certain circumstances, to notify every other state agency, city, county, unincorporated town, district, water authority and Indian tribe in the area of the incident that may be affected; and (2) upon request, provide information to an Indian tribe that requests such information relating to an incident or substantial change in the policy of water treatment or use of water. Section 3 additionally prohibits a city, county, unincorporated town, district or water authority from entering into a contract, agreement or other legal mechanism that would prevent the sharing of such information with an Indian tribe. Section 4 of this bill requires the Division to: (1) develop a form for reporting data and information in accordance with sections 2 and 3; and (2) ensure any such data and information that is reported is available to all other cities, counties, unincorporated towns, districts, water authorities and Indian tribes in this State. Section 6 of this bill requires: (1) each city, county, unincorporated town, district or water authority that submits an application to discharge from a point source into the waters of the State which may degrade the water quality of any other city, county, unincorporated town, district, water authority or Indian tribe to notify that governmental entity; and (2) the Department to ensure each such entity is notified if an Indian tribe submits such an application. Existing law requires each holder of certain discharge or injection permits to report the infiltration of contaminants to underground waters of this State to the Department. (NRS 445A.505) Section 7 of this bill also requires the holder of such a permit to notify any city, county, unincorporated town, district, water authority or Indian tribe that may be affected by the contamination. Section 5 of this bill applies certain definitions in existing law relating to water pollution to the provisions of sections 2-4. Sections 8-15 of this bill apply certain provisions relating to the enforcement and civil and criminal penalties to the provisions of sections 2-4.

Statutes affected:
As Introduced: 445A.310, 445A.500, 445A.505, 445A.655, 445A.675, 445A.680, 445A.690, 445A.695, 445A.700, 445A.710, 445A.725
BDR: 445A.310, 445A.500, 445A.505, 445A.655, 445A.675, 445A.680, 445A.690, 445A.695, 445A.700, 445A.710, 445A.725