Nevada Revised Statutes 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…
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:
Terms Used In Nevada Revised Statutes 540A.280
- Board: means the board of county commissioners. See Nevada Revised Statutes 540A.010
- county: includes Carson City. See Nevada Revised Statutes 0.033
- Division: means the Division of Environmental Protection of the State Department of Conservation and Natural Resources. See Nevada Revised Statutes 540A.010
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- plan: means the plan developed by a regional water commission created by special act. See Nevada Revised Statutes 540A.010
- Statute: A law passed by a legislature.
(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.