Duties of State Department of Conservation and Natural Resources and State Environmental Commission; inspections.
1. The State Department of Conservation and Natural Resources shall:
(a) Advise, consult and cooperate with other agencies and commissions of the State, other states, the Federal Government, municipalities and persons in the formulation of plans for and the establishment of any solid waste management system.
(b) Accept and administer loans and grants from any person that may be available for the planning, construction and operation of solid waste management systems.
(c) Enforce the provisions of NRS 444.440 to 444.560, inclusive, and any regulation adopted by the State Environmental Commission pursuant thereto.
(d) Periodically review the programs of other solid waste management authorities in the State for issuing permits pursuant to NRS 444.553 and 444.556 and ensuring compliance with the terms and conditions of such permits, the regulations of the State Environmental Commission, the laws of this state and the provisions of the Resource Conservation and Recovery Act of 1976, Subtitle D, 42 U.S.C. §§ 6941 et seq., and the regulations adopted pursuant thereto. The Director of the State Department of Conservation and Natural Resources shall review the adequacy of such programs in accordance with the standards adopted by the United States Environmental Protection Agency to review the adequacy of the state program. If the Director determines that a program is inadequate, the Department shall act as the solid waste management authority until the deficiency is corrected. A finding by the Director that a program is inadequate is not final until reviewed by the State Environmental Commission. This paragraph does not limit the authority or responsibility of a district board of health to issue permits for disposal sites and enforce the laws of this state regarding solid waste management systems.
(e) Make such investigations and inspections and conduct such monitoring and testing as may be necessary to require compliance with NRS 444.450 to 444.560, inclusive, and any regulation adopted by the State Environmental Commission.
2. The State Environmental Commission shall:
(a) In cooperation with governing bodies of municipalities, develop a statewide solid waste management system plan, and review and revise the plan every 5 years.
(b) Examine and approve or disapprove plans for solid waste management systems.
(c) Review any determination by the Director of the State Department of Conservation and Natural Resources that a program for issuing permits administered by a solid waste management authority is inadequate. The Commission may affirm, modify or reverse the findings of the Director.
3. Employees of the State Department of Conservation and Natural Resources or its authorized representatives may enter a facility, subject to the provisions of NRS 444.440 to 444.620, inclusive, where solid waste may have been generated, stored, transported, treated or disposed, or where records are kept, and may inspect and copy any records, reports, information or test results relating to the management of the solid waste.
Last modified: February 26, 2006