Nevada § 244.3663 - Package plant for sewage treatment: Remedies for unsatisfactory service or violation of conditions; assumption of control by county; assessment for operation and maintenance

§ 244.3663. Package plant for sewage treatment: Remedies for unsatisfactory service or violation of conditions; assumption of control by county; assessment for operation and maintenance

1. If the board of county commissioners determines that: (a) A package plant for sewage treatment which is located in the county and is exempt

from the provisions of NRS 445A.540 to 445A.560 , inclusive, is not satisfactorily serving the needs of its users; and (b) Sewerage provided by a public utility or a municipality or other public entity

is reasonably available to those users, the board may require all users of the plant to connect into the available sewers

provided by a public utility or a municipality or other public entity, and may assess

each lot or parcel served for its proportionate share of the cost of connecting into

those sewers. These assessments are not subject to the jurisdiction of the Public Utilities Commission

of Nevada. 2. If the State Department of Conservation and Natural Resources has found that a

package plant for sewage treatment which is exempt from the provisions of NRS 445A.540 to 445A.560 , inclusive, is violating any of the conditions of NRS 445A.465 to 445A.515 , inclusive, and has notified the holder of the permit that the holder must bring

the plant into compliance, but the holder of the permit has failed to comply within

a reasonable time after the date of the notice, the board of county commissioners

of the county in which the plant is located may take the following actions independently

of any further action by the State Department of Conservation and Natural Resources: (a) Give written notice, by certified mail, to the owner of the plant and the owners

of the property served by the plant that if the violation is not corrected within

30 days after the date of the notice, the board of county commissioners will seek

a court order authorizing it to assume control; and (b) After the 30-day period has expired, if the plant has not been brought into compliance,

apply to the district court for an order authorizing the board to assume control of

the plant and assess the property for the continued operation and maintenance of the

plant as provided in subsection 4. 3. If the board of county commissioners determines at any time that immediate action

is necessary to protect the public health and welfare, it may assume physical control

and operation of a package plant for sewage treatment which is located in the county

and is exempt from the provisions of NRS 445A.540 to 445A.560 , inclusive, without complying with any of the requirements set forth in subsection

2. The board may not maintain control of the plant pursuant to this subsection for

a period greater than 30 days unless it obtains an order from the district court authorizing

an extension. 4. Each lot and parcel served by a package plant for sewage treatment which is exempt

from the provisions of NRS 445A.540 to 445A.560 , inclusive, is subject to assessment by the board of county commissioners of the

county in which the plant is located for its proportionate share of the cost of continued

operation and maintenance of the plant if there is a default or the county assumes

control and operation of the plant pursuant to subsection 2 or 3.