1. If the Division has found that any of the conditions of a permit to operate a water system issued pursuant to NRS 445A.885 are being violated and has notified the holder of the permit that he or she must bring the water system into compliance, but the holder of the permit has failed to comply within a reasonable time after the date of the notice, the local governing body, if requested to do so in writing by the Division, may take the following actions independently of any further action by the Division:
(a) Give written notice, by certified mail, to the owner of the water system and the owners of the property served by the system that if the violation is not corrected within 30 days after the date of the notice, the local governing body will seek a court order authorizing it to assume control; and
(b) After the 30-day period has expired, if the water system has not been brought into compliance, apply to the district court for an order authorizing the local governing body to assume control of the system and assess the property for the continued operation and maintenance of the system as provided in subsection 6 of NRS 445A.895.
2. If the local governing body determines at any time that immediate action is necessary to protect the public health and welfare, it may assume physical control and operation of a water system without complying with any of the requirements set forth in subsection 1. The local governing body may not maintain control of a water system pursuant to this subsection for a period greater than 30 days unless it obtains an order from the district court authorizing an extension.
(Added to NRS by 1991, 403; A 2001, 550; 2005, 555)
Structure Nevada Revised Statutes
NRS 445A.015 - Furnishing impure water for public use unlawful; concentration of fluoride in water.
NRS 445A.020 - "Public water system" defined.
NRS 445A.030 - Publication of proposal; submission to registered voters.
NRS 445A.035 - Proposal to be voted on at next general election.
NRS 445A.060 - Legislative findings and declarations.
NRS 445A.070 - "Account" defined.
NRS 445A.075 - "Commission" defined.
NRS 445A.080 - "Construction" defined.
NRS 445A.085 - "Department" defined.
NRS 445A.090 - "Director" defined.
NRS 445A.100 - "Interstate agency" defined.
NRS 445A.105 - "Municipality" defined.
NRS 445A.110 - "Pollution control project" defined.
NRS 445A.115 - "Treatment works" defined.
NRS 445A.120 - Creation and purpose; payment of claims; faith of State pledged.
NRS 445A.125 - Interest and income; deposits; acceptance of gifts, grants and bequests.
NRS 445A.130 - Powers and duties of Department.
NRS 445A.135 - Regulations of Commission.
NRS 445A.140 - Limitations on use of money; compliance with federal law.
NRS 445A.150 - Employment of expert services.
NRS 445A.155 - Issuance of bonds to support Account.
NRS 445A.175 - Discharge of waste prohibited; issuance of permit subject to provision of sewerage.
NRS 445A.185 - Construction of NRS 445A.170 to 445A.190, inclusive.
NRS 445A.203 - "Account for the Revolving Fund" defined.
NRS 445A.205 - "Account for Set-Aside Programs" defined.
NRS 445A.207 - "Administrator" defined.
NRS 445A.210 - "Commission" defined.
NRS 445A.215 - "Construction" defined.
NRS 445A.220 - "Division" defined.
NRS 445A.225 - "Federal grant" defined.
NRS 445A.230 - "Project" defined.
NRS 445A.235 - "Public water system" defined.
NRS 445A.240 - "Safe Drinking Water Act" defined.
NRS 445A.245 - "Small water system" defined.
NRS 445A.250 - "State securities" defined.
NRS 445A.255 - Creation and purpose; payment of claims; faith of State pledged.
NRS 445A.265 - Powers and duties of Division; limitations.
NRS 445A.270 - Regulations of Commission.
NRS 445A.275 - Limitations on use of money; compliance with federal law.
NRS 445A.285 - Employment of expert services.
NRS 445A.290 - Legislative findings and declarations; issuance of securities.
NRS 445A.315 - "Administrator" defined.
NRS 445A.320 - "Commission" defined.
NRS 445A.325 - "Contaminant" defined.
NRS 445A.330 - "Department" defined.
NRS 445A.335 - "Diffuse source" defined.
NRS 445A.340 - "Director" defined.
NRS 445A.345 - "Discharge" defined.
NRS 445A.350 - "Division" defined.
NRS 445A.355 - "Effluent limitation" defined.
NRS 445A.360 - "General permit" defined.
NRS 445A.363 - Hazardous waste" defined.
NRS 445A.365 - "Individual permit" defined.
NRS 445A.370 - "Interstate agency" defined.
NRS 445A.375 - "Municipality" defined.
NRS 445A.380 - "Package plant for sewage treatment" defined.
NRS 445A.385 - "Permit" defined.
NRS 445A.390 - "Person" defined.
NRS 445A.395 - "Point source" defined.
NRS 445A.400 - "Pollutant" defined.
NRS 445A.405 - "Pollution" defined.
NRS 445A.410 - "Treatment works" defined.
NRS 445A.415 - "Waters of the State" defined.
NRS 445A.420 - "Water quality standard" defined.
NRS 445A.430 - Fees: Establishment by Commission; disposition.
NRS 445A.440 - Department designated as State Water Pollution Control Agency.
NRS 445A.445 - Duties of Director.
NRS 445A.455 - Disqualification of Director; exception.
NRS 445A.460 - Administrator: Qualifications; disqualification; exception.
NRS 445A.475 - Permits: Issuance of general permits.
NRS 445A.480 - Permits: Authority of Department to require individual permit.
NRS 445A.485 - Permits: Issuance of temporary permits.
NRS 445A.490 - Permits: Issuance prohibited in certain cases.
NRS 445A.495 - Permits: Term; renewal.
NRS 445A.500 - Permits: Conditions; notice of application.
NRS 445A.510 - Permits: Collection of fee.
NRS 445A.515 - Compliance with conditions of permit required.
NRS 445A.520 - Standards of water quality.
NRS 445A.525 - Effluent limitations: Establishment; enforcement.
NRS 445A.530 - Effluent limitations: Additional limitations.
NRS 445A.540 - Package plant for sewage treatment: Conditions for issuing permit.
NRS 445A.545 - Package plant for sewage treatment: Assessment lien.
NRS 445A.560 - Package plant for sewage treatment: Regulation by local governing body.
NRS 445A.580 - Continuing planning process.
NRS 445A.585 - Permit required for construction of treatment works.
NRS 445A.605 - Appeals to Commission: Appealable matters; action by Commission.
NRS 445A.610 - Appeals to Commission: Hearings.
NRS 445A.615 - Issuance of permit for Department of Wildlife to kill fish through use of toxicants.
NRS 445A.620 - Certification of applicant if federal license or permit required.
NRS 445A.630 - Radioactive and hazardous wastes: Conditions of permit.
NRS 445A.635 - Radioactive and hazardous wastes: Bond for compliance with permit.
NRS 445A.645 - Radioactive and hazardous wastes: Violations; penalties.
NRS 445A.650 - Municipality may recover cost of sewage treatment and refuse to receive wastes.
NRS 445A.655 - Entry and inspection of premises.
NRS 445A.660 - Observation, recording and reporting of discharges.
NRS 445A.665 - Public access to information; disclosure of confidential information.
NRS 445A.670 - Attorney General to serve as legal counsel.
NRS 445A.675 - Violations: Remedies and sanctions; exception.
NRS 445A.685 - Violations: Specific remedies do not impair other rights.
NRS 445A.690 - Violations: Compliance orders; exception.
NRS 445A.695 - Violations: Injunctive relief; exception.
NRS 445A.700 - Violations: Civil penalties; enforcement proceedings.
NRS 445A.705 - Violations: Criminal penalties.
NRS 445A.710 - Furnishing false information or tampering with device unlawful; penalties.
NRS 445A.715 - Procedure for administrative hearing.
NRS 445A.720 - Final authority concerning prevention, abatement and control of water pollution.
NRS 445A.725 - Provisions of title 48 of NRS unaffected.
NRS 445A.730 - Effective date of regulations and standards.
NRS 445A.800 - Declaration of state policy.
NRS 445A.807 - "Capability" defined.
NRS 445A.8075 - "Commission" defined.
NRS 445A.808 - "Community water system" defined.
NRS 445A.810 - "Contaminant" defined.
NRS 445A.812 - "District board of health" defined.
NRS 445A.814 - "Division" defined.
NRS 445A.815 - "Federal Act" defined.
NRS 445A.817 - "Financial capability" defined.
NRS 445A.827 - "Managerial capability" defined.
NRS 445A.828 - "Noncommunity water system" defined.
NRS 445A.829 - "Nontransient water system" defined.
NRS 445A.830 - "Operator" defined.
NRS 445A.835 - "Person" defined.
NRS 445A.838 - "Public utility" defined.
NRS 445A.840 - "Public water system" defined.
NRS 445A.843 - "Service connection" defined.
NRS 445A.845 - "Supplier of water" defined.
NRS 445A.847 - "Technical capability" defined.
NRS 445A.848 - "Transient water system" defined.
NRS 445A.850 - "Water system" defined.
NRS 445A.855 - Commission: Adoption of primary and secondary standards of drinking water.
NRS 445A.860 - Commission: Adoption of regulations.
NRS 445A.861 - Deposit and use of fees.
NRS 445A.865 - Commission: Contracts; assistance; hearings; subpoenas.
NRS 445A.885 - Systems constructed after June 30, 1991: Requirements for permit.
NRS 445A.890 - Systems constructed after June 30, 1991: Preliminary requests for comments.
NRS 445A.895 - Systems constructed after June 30, 1991: Conditions for issuance of permit.
NRS 445A.900 - Systems constructed after June 30, 1991: Prerequisites to liens for assessments.
NRS 445A.905 - Systems constructed after June 30, 1991: Disposition of proceeds of assessments.
NRS 445A.915 - Systems constructed after June 30, 1991: Effect of provisions.
NRS 445A.925 - Duties of Division and district boards of health.
NRS 445A.930 - Imminent hazard; issuance and review of emergency order; public warning.