Nevada § 445B.300 - Operating permit for source of air contaminant; notice and approval of proposed construction; administrative fees; failure of Commission or Department to act

§ 445B.300. Operating permit for source of air contaminant; notice and approval of proposed construction; administrative fees; failure of Commission or Department to act

1. The Commission shall by regulation: (a) Require the person operating or responsible for the existence of each source of

air contaminant, generally or within a specified class or classes, to apply for and

obtain an operating permit for the source. (b) Require that written notice be given to the Director before the construction,

installation, alteration or establishment of any source of air contaminant or of any

specified class or classes of such sources, or the alteration of any device intended

primarily to prevent or reduce air pollution. If within the time prescribed by regulation the Director determines that: (1) The proposed construction, installation, alteration or establishment will not

be in accordance with the provisions of the plans, specifications and other design

material required to be submitted under NRS 445B.100 to 445B.640 , inclusive, or applicable regulations; or (2) The design material or the construction itself is of such a nature that it patently

cannot bring such source into compliance with NRS 445B.100 to 445B.640 , inclusive, or applicable regulations, the Director shall issue an order prohibiting the construction, installation, alteration

or establishment of the source or sources of air contaminant. 2. The Commission shall by regulation provide for: (a) The issuance, renewal, modification, revocation and suspension of operating permits,

and charge appropriate fees for their issuance in an amount sufficient to pay the

expenses of administering NRS 445B.100 to 445B.640 , inclusive, and any regulations adopted pursuant to those sections. (b) The issuance of authorizations for the issuance of building permits pursuant to

paragraph (a) of subsection 2 of NRS 445B.320 . 3. Any failure of the Commission or the Department to issue a regulation or order

to prohibit any act does not relieve the person so operating from any legal responsibility

for the construction, operation or existence of the source of air contaminant. 4. All administrative fees collected by the Commission pursuant to subsection 2 must

be accounted for separately and deposited in the State General Fund for credit to

the Account for the Management of Air Quality. This subsection does not apply to any fees collected by political subdivisions or

their agencies.