1.  Except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, a person convicted of violating NRS 444.555 and, in addition to the penalty imposed pursuant to NRS 444.509, 444.583 or 444.630, any person convicted of violating NRS 444.509, 444.583 or 444.630 is liable for a civil penalty upon each such conviction.

Terms Used In Nevada Revised Statutes 444.635

  • Conviction: A judgement of guilt against a criminal defendant.
  • county: includes Carson City. See Nevada Revised Statutes 0.033
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Division: means the Division of Public and Behavioral Health of the Department of Health and Human Services. See Nevada Revised Statutes 444.002
  • health authority: means the officers and agents of the Division or the officers and agents of the local boards of health. See Nevada Revised Statutes 444.003
  • 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

2.  Except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, a court before whom a defendant is convicted of a violation of the provisions of NRS 444.509, 444.555, 444.583 or 444.630, shall order the defendant:

(a) For a first offense, to pay a civil penalty which is at least $500 but not more than $5,000.

(b) For a second offense, to pay a civil penalty which is at least $1,000 but not more than $5,500.

(c) For a third offense, to pay a civil penalty which is at least $1,500 but not more than $6,000.

(d) For any subsequent offense, to pay a civil penalty which is at least $500 more than the most recent previous civil penalty that the defendant was ordered to pay pursuant to this subsection.

3.  If so provided by the court, a penalty imposed pursuant to this section may be paid in installments.

4.  The solid waste management authority may attempt to collect all such penalties and installments which are in default in any manner provided by law for the enforcement of a judgment.

5.  Except as otherwise provided in this subsection, each court which receives money pursuant to the provisions of this section shall forthwith remit the money to the Division of Environmental Protection of the State Department of Conservation and Natural Resources, which shall deposit the money with the State Treasurer for credit in a separate account in the State General Fund. If the health authority initiated the action or, if any other person authorized to enforce NRS 444.630 initiated the action and the money collected was for a violation of NRS 444.630, the court shall remit the money to the district health department which shall deposit the money with the county treasurer for deposit in an account for the district health department. Money deposited pursuant to this subsection must be:

(a) Used only to pay:

(1) Rewards pursuant to NRS 444.640;

(2) For education regarding the unlawful disposal of solid waste;

(3) For the cleaning up of dump sites; and

(4) For the management of solid waste; and

(b) Paid as other claims against the state or local governments are paid.

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