NRS 408.441 Discharge of pollutant upon highway or right-of-way prohibited in certain circumstances; abatement, removal or remediation required upon receipt of compliance order; remedies available to Department.

417 words·~2 min read·/nv/chapter-408-highways-roads-and-transportation-facilities/408-441·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. No person shall discharge or cause a discharge upon a state highway, within a right-of-way or into, onto or by way of a conveyance system unless:

(a)The discharge is allowed by a valid National Pollutant Discharge Elimination System permit or a valid encroachment permit issued by the Director pursuant to NRS 408.423 ;

(b)The person ensures that the discharge is carried out in compliance with the terms of the applicable permit that allows the discharge, as described in paragraph (a); and

(c)The person ensures that the discharge is carried out in accordance with any applicable conditions, rules and regulations prescribed by the Director.

2. If a person violates the provisions of subsection 1, the person shall, upon receipt of an order for compliance issued pursuant to NRS 408.446 , abate, remove or remediate the discharge in a timely manner.

3. If a person who violates the provisions of subsection 1 fails to abate, remove or remediate the discharge in a timely manner, the Director may abate, remove or remediate the discharge. The abatement, removal or remediation of a discharge pursuant to this subsection gives the Department a right of action to recover any of the following:

(a)Any expenses associated with the abatement, removal or remediation.

(b)Attorney’s fees, costs and expenses related to the abatement, removal or remediation.

(c)An administrative fee in an amount not to exceed $750 for each day of noncompliance with the provisions of subsection 1, commencing on the 6th day after the person who failed to abate, remove or remediate the discharge received an order for compliance pursuant to NRS 408.446 .

(d)A civil penalty pursuant to NRS 408.449 .

4. The remedies provided in subsection 3 are cumulative and do not abrogate and are in addition to any other rights, remedies and penalties that may exist at law or in equity, including, without limitation, pursuant to NRS 408.441 to 408.451 , inclusive.

5. All money obtained in accordance with this section, including, without limitation, all fees and monetary penalties imposed pursuant to this section, must be deposited in the State Highway Fund.

6. To enforce the provisions of this section, the Director may cooperate and coordinate with the Division of Environmental Protection of the State Department of Conservation and Natural Resources and the Office of the Attorney General.