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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