NRS 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 from responsible person; use of money distributed to board.

NV Rev Stat § 540A.280 (2019) (N/A)

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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:

(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.

(Added to NRS by 1995, 2658; A 1997, 1338)

Previous Section

NRS 540A.270 - Reimbursement of expenses to identify, study and remedy condition if costs and expenses in conformity with plan; establishment of criteria for reimbursement; reimbursement subject to availability of proceeds from certain bonds, fees or taxes.

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NRS 540A.285 - Determination by board conclusive and incontestable in absence of fraud or gross abuse of discretion; review of determination by district court.

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