Nevada Revised Statutes
Chapter 540A - Regional Planning and Management
NRS 540A.280 - State Department of Conservation and Natural Resources authorized to recover costs of remediation from person who caused or contributed to condition requiring remediation; priority of distribution of money recovered from responsible pe...


1. If, during an investigation to establish the boundary of a district for remediation, development of a plan for remediation or the carrying out of the plan, the board acquires evidence that a person has caused or contributed to the condition requiring remediation, the board shall provide this evidence to the Division for appropriate action. In addition to any other action authorized by statute, the Department may by legal action recover from the person responsible the costs of remediation incurred by the county or district. Any monetary recovery from the person responsible, excluding any money recovered as a penalty, must be distributed and applied in the following order of priority:
(a) To the Department to pay the costs of recovery and to offset the costs of remediation incurred by the Department; and
(b) To the board to offset the costs of remediation incurred by the county or district.
2. Any recovery distributed to the board must be used to reduce the fee or tax or to defray any increase in the fee or tax that would otherwise be charged against the parcels or properties within the district, as determined by the board.
3. As used in this section, "Department" means the State Department of Conservation and Natural Resources.
(Added to NRS by 1995, 2658; A 1997, 1338)

Structure Nevada Revised Statutes

Nevada Revised Statutes

Chapter 540A - Regional Planning and Management

NRS 540A.010 - Definitions.

NRS 540A.020 - Applicability of chapter.

NRS 540A.030 - Boundaries of region.

NRS 540A.040 - Super majority required for actions governed by this chapter.

NRS 540A.050 - Grants; contracts; employees; disposition of property.

NRS 540A.240 - Acquisition and use of water rights and other sources of water in accordance with plan; imposition of charge by board.

NRS 540A.250 - Creation of district for remediation; recovery of expenses.

NRS 540A.260 - Preparation and approval of plan for remediation; duty of board to determine costs of developing and carrying out plan; liability of owner or lessee of property.

NRS 540A.262 - Prerequisites to determining, expanding or amending boundaries of district for remediation: Hearing; publication of notice of hearing; adoption of ordinance; certain bonds or financial obligations paid in full; territory not required t...

NRS 540A.265 - Determination of annual fee for properties within district for remediation; collection and enforcement of fee; duty of persons who sell water to provide board with list of clients; power of board to impose ad valorem tax on property wi...

NRS 540A.267 - Power of board to issue bonds or otherwise become obligated to pay costs of developing and carrying out plan for remediation; bonds or other obligations secured by certain fees or taxes.

NRS 540A.269 - Applicability of chapters 332 and 338 of NRS to contract for plan for remediation; county ownership of property on which remediation equipment or improvements are located not required if certain conditions met.

NRS 540A.270 - Reimbursement of expenses to identify, study and remedy condition if costs and expenses in conformity with plan; establishment of criteria for reimbursement; reimbursement subject to availability of proceeds from certain bonds, fees or...

NRS 540A.280 - State Department of Conservation and Natural Resources authorized to recover costs of remediation from person who caused or contributed to condition requiring remediation; priority of distribution of money recovered from responsible pe...

NRS 540A.285 - Determination by board conclusive and incontestable in absence of fraud or gross abuse of discretion; review of determination by district court.