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, 445A.480) 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 3 of this bill requires any city, county, unincorporated town, general improvement district, wastewater district or water authority of this State: (1) in the event of an incident resulting in the discharge of sewage or industrial waste or any other unauthorized discharge into the waters of the State, under certain circumstances, to notify the Division of Environmental Protection of the Department; and (2) upon request, provide information to an Indian tribe that requests information that is a public record relating to an incident or a policy of water treatment. Section 3 additionally: (1) requires the Division, if notified of a discharge, to then notify any Indian tribe that may be affected by the discharge; and (2) prohibits a city, county, unincorporated town, general improvement district, wastewater 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 5 of this bill applies certain definitions in existing law relating to water pollution to the provisions of section 3. Sections 8-15 of this bill apply certain provisions relating to the enforcement and civil and criminal penalties to the provisions of section 3.

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
Reprint 1: 445A.310, 445A.655, 445A.675, 445A.680, 445A.690, 445A.695, 445A.700, 445A.710, 445A.725
As Enrolled: 445A.310, 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