Existing law sets forth various requirements to control water pollution in this State, including authorizing the State Environmental Commission to prescribe controls for diffuse sources of water pollution. (NRS 445A.570) Section 1.5 of this bill authorizes the State Department of Conservation and Natural Resources to develop plans, recommendations and policies to manage, control and mitigate water pollution from diffuse sources in this State which may include identifying the major categories of diffuse sources that contribute to water pollution in this State. Section 3.5 of this bill sets forth a legislative declaration that the people of this State have a right to clean water and that it is the policy of this State to mitigate the degradation of the waters of the State. Section 4 of this bill authorizes the Commission to adopt regulations for controlling the infiltration of contaminants into underground water resulting from contaminated fluids or soil, if the underground water supplies, or may be reasonably expected to supply, a public water system, which may address, without limitation, sewage treatment and effluent disposal, wastewater management and community planning and the management of fluids, effluent and septic systems. Section 1 of this bill makes conforming changes to require the State Board of Health to adopt regulations consistent with the regulations adopted by the Commission, if such regulations impact residential individual systems for the disposal of sewage. Section 4 also requires the Commission to consider any disproportionate impacts on underserved communities when adopting regulations, standards of water quality and effluent limitations. Existing law requires the Commission to publish notice of a hearing on a regulation that provides a standard of water quality or waste discharge at least once in a newspaper of general circulation in the area to which the standard will apply, if adopted. (NRS 445A.435) Section 5 of this bill requires the Commission to also publish notice of such a hearing at least once in a digital format that is generally accessible in the area and to any community impacted. Existing law authorizes the Director of the Department to: (1) perform any acts consistent with the requirements of state and federal legislation concerning the control of the injection of fluids through a well and the control of water pollution; and (2) advise, consult and cooperate with other agencies of the State, the Federal Government, other states, interstate agencies and certain other persons to further certain purposes related to the control of water pollution. (NRS 445A.450) Section 6 of this bill authorizes the Director to submit recommendations to the Commission for the adoption of regulations deemed necessary to control the infiltration of contaminants into underground water resulting from contaminated fluids or soil. Section 6 further authorizes the Director to consult and cooperate with Indian tribes when working to control water pollution. Section 9 of this bill requires the holders of certain permits whose production increases, process modifications or facility expansions result in the infiltration of contaminants into underground waters to report the contamination to the Department. Existing law requires the Department to notify each interested person and appropriate governmental agency of each complete application for a permit. (NRS 445A.590) Section 13 of this bill requires the Department to notify affected Indian tribes upon receiving a complete application for a permit. Section 14 of this bill requires the Commission to adopt regulations to provide for Indian tribes to request a public hearing on a permit application. Sections 15-22 of this bill provide that the provisions of this bill are subject to the existing enforcement authority of the Department. Section 23 of this bill provides that the provisions of this bill do not amend, modify or supersede the provisions of existing law relating to the appropriation of water.

Statutes affected:
As Introduced: 445A.425, 445A.435, 445A.450, 445A.490, 445A.500, 445A.505, 445A.520, 445A.570, 445A.580, 445A.590, 445A.595, 445A.655, 445A.675, 445A.680, 445A.690, 445A.695, 445A.700, 445A.710, 445A.715, 445A.725
Reprint 1: 444.650, 445A.305, 445A.425, 445A.435, 445A.450, 445A.505, 445A.590, 445A.595, 445A.655, 445A.675, 445A.680, 445A.690, 445A.695, 445A.700, 445A.710, 445A.715, 445A.725
Reprint 2: 444.650, 445A.305, 445A.425, 445A.435, 445A.450, 445A.505, 445A.590, 445A.595, 445A.655, 445A.675, 445A.680, 445A.690, 445A.695, 445A.700, 445A.710, 445A.715, 445A.725
As Enrolled: 444.650, 445A.305, 445A.425, 445A.435, 445A.450, 445A.505, 445A.590, 445A.595, 445A.655, 445A.675, 445A.680, 445A.690, 445A.695, 445A.700, 445A.710, 445A.715, 445A.725