§ 445A.700 — Violations: Civil penalties; enforcement proceedings

Nevada § 445A.700

• Jurisdiction: Nevada
• Title 40: PUBLIC HEALTH AND SAFETY
• Ch. 445A: Water

Text

1. Except as otherwise provided in NRS 445C.010 to 445C.120 , inclusive, a person who violates or aids or abets in the violation of any provision of NRS 445A.300 to 445A.730 , inclusive, or of any permit, regulation, standard or final order issued thereunder, except a provision concerning a diffuse source, shall pay a civil penalty of not more than $25,000 for each day of the violation. The civil penalty imposed by this subsection is in addition to any other penalties provided pursuant to NRS 445A.300 to 445A.730 , inclusive.
2. Except as otherwise provided in NRS 445C.010 to 445C.120 , inclusive, in addition to the penalty provided in subsection 1, the Department may recover from the person actual damages to the State resulting from the violation of NRS 445A.300 to 445A.730 , inclusive, any regulation or standard adopted by the Commission, or permit or final order issued by the Department, except the violation of a provision concerning a diffuse source.
3. Damages may include:
(a) Any expenses incurred in removing, correcting and terminating any adverse effects resulting from a discharge or the injection of contaminants through a well; and
(b) Compensation for any loss or destruction of wildlife, fish or aquatic life.
4. In addition to any other remedy provided by this chapter, the Department may compel compliance with any provision of NRS 445A.300 to 445A.730 , inclusive, or of any permit, regulation, standard or final order adopted or issued thereto, by injunction or other appropriate remedy. The Department may institute and maintain in the name of the State of Nevada any such enforcement proceedings.

Legislative History

(Added to NRS by 1973, 1717 ; A 1979, 1030 ; 1985, 769 ; 1987, 174 ; 1997, 1080 ; 2019, 3978 ; 2021, 3416 )