Nevada Code § 444.503

Designation of district board of health as solid waste management authority; periodic review; deficiencies; revocation of designation
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1. The Administrator of the Division of
Environmental Protection of the State Department of Conservation and Natural
Resources may, in accordance with the regulations adopted by the State
Environmental Commission pursuant to NRS 444.560 ,
designate a district board of health of a health district to act as a solid
waste management authority or to act as a solid waste management authority for
the purposes of carrying out limited provisions of NRS 444.440 to 444.620 , inclusive, and any regulations
adopted pursuant thereto, if the district board of health:
(a) Applies to the Administrator for such a designation;
(b) Demonstrates that the district board of
health is capable of carrying out the provisions or limited provisions of NRS 444.440 to 444.620 , inclusive, and any regulations
adopted pursuant thereto, as determined by the Administrator; and
(c) Adopts all regulations that are necessary to
carry out the provisions or limited provisions, as applicable, of NRS 444.440 to 444.620 , inclusive, and any regulations
adopted pursuant thereto.
2. If the Administrator designates a
district board of health pursuant to subsection 1, the Division of
Environmental Protection shall periodically review the activities of the
district board of health to evaluate the continued capability of the district
board of health to carry out the provisions or limited provisions of NRS 444.440 to 444.620 , inclusive, and any regulations
adopted pursuant thereto.
3. If, following a review of the
capability of a district board of health by the Division of Environmental
Protection pursuant to subsection 2, the Administrator determines that the
district board of health is not capable, the Administrator shall provide
written notice of a deficiency by certified mail to the district board of
health of this determination. If the deficiency identified in the written
notice:
(a) Does not present an imminent or substantial
hazard to public health, safety or the environment, as determined by the
Administrator, the written notice must set forth a date by which the district
board of health must correct the deficiency, which must be not less than 60
days after the date the notice was mailed to the district board of health and may
be extended by mutual agreement of the Administrator and the district board of
health. If the district board of health fails to correct the deficiency, the
Administrator may issue an order revoking the designation of the district board
of health.
(b) Presents an imminent or substantial hazard to
public health, safety or the environment, as determined by the Administrator,
the Administrator may issue an order revoking the designation of the district
board of health. A revocation issued pursuant to this paragraph is effective
immediately. Notice of the order revoking the designation must be provided to
the district board of health by certified mail and must set forth the date on
which the designation is revoked. The district board of health may petition the
State Environmental Commission for a hearing on the revocation. Such a petition
must be received not more than 30 days after the date on which the designation
was revoked. If the district board of health does not petition the Commission
for a hearing, the decision to revoke the designation is not subject to
additional review.

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