Section215 3to additionally:Senate Bill No.

(1)276 requiresPage the4 Division,Protection if notified of a discharge, to then notify any Indian tribe that may be affected by the discharge;Department;

and (2) prohibitsupon arequest, city,provide county,information unincorporatedto town,an generalIndian improvementtribe district,change wastewaterin districtthe] or water authority from entering into a contract,policy agreement or other legal mechanism that would prevent the sharing of suchwater informationtreatment with. an Indian tribe.

pollution[or touse theof provisionswater.] ofSection section3 3.additionally :

Sections(1)tial 8-15requires ofthe thisDivision, billif applynotified certainof watera provisionsdischarge, relating to thethen enforcementnotify andany civilIndian andtribe criminalthat penaltiesmay tobe theaffected provisionsby ofthe sectiondischarge; 3.

-and 83rd(2) Sessionprohibits (2025)a –city, 2county, –unincorporated EXPLANATIONtown, –general Matterimprovement indistrict bolded, italicswastewater isdistrict new;or water authority from entering into a contract, agreement or other legal mechanism that would prevent the sharing of such information with an Indian tribe.

matter[Section between4 bracketsof [omittedthis material]bill isrequires materialthe toDivision beto: omitted.

(1) develop a form for reporting data and information in accordance with sections 2 and 3;

and (2) ensure any such data and information that is reported is available to all other cities, counties, unincorporated towns, districts, water authorities and Indian tribes in this State.

authority that submits an application to discharge from a point source into the waters of thewater State which may degrade the water quality of any other city, county, unincorporated town, district, water authority or Indian tribe to notify that governmental entity;

and (2) the Department to ensure each such entity is notified if an Indian tribe submits such an application.

Existing law requires each holder of certain discharge or injection permits to report the infiltration of contaminants to underground waters of this State to the Department.

(NRS 445A.505) Section 7 of this bill also requires the holder of such a permit to notify any city, county, unincorporated town, district, water authority or Indian tribe that may be affected by the Section 5 of this bill applies certain definitions in existing law relating to water pollution to the provisions of [sections 2-4.] section 3.

Sections 8-15 of this bill apply certain provisions relating to the enforcement and civil and criminal penalties to the provisions of [sections 2-4.] section 3.

(Deleted[1. by amendment.) Sec.

Each city, county, unincorporated town, district or water authority in this State that collects data on the water quality of the waters of the State or on discharges into the waters of the State, including, without limitation, discharges that are not authorized or that exceed those authorized by a permit issued by the Department pursuant to the provisions of NRS 445A.300 to 445A.730, inclusive, and sections 2, 3 and 4 of this act, shall report such data to the Division.

2.

Each Indian tribe in this State that collects data on the water quality of the waters of the State or on discharges into the waters of the State, including, without limitation, discharges that are not authorized or that exceed those authorized by a permit issued by the Department pursuant to the provisions of NRS 445A.300 to 445A.730, inclusive, and sections 2, 3 and 4 of this act, or pursuant to a comparable permit issued by an Indian tribe, if applicable, may report such data to the Division.

] (Deleted by amendment.) Sec.

In the event of an incident resulting in the discharge of sewage [,] or industrial waste or any other unauthorized discharge into the waters of the State:State [, any] :

(a) Any city, county, unincorporated town, general improvement district,district , wastewater district or water authority of this State that has powers, duties or jurisdiction within the area of the incident that has been notified or is aware of the incident shall Divisionnotify or[every byother telephone.state agency, city, county, unincorporated Senate Amendment No.

215 to Senate Bill No.

276 Page 5 town, district, water authority and Indian tribe in the area of the incident that may be affected.] the Division electronically on the Internet website of the Division or by telephone.

If an Indian tribe requests information relating to any incident or relating to any [substantial change in the] policy of water treatment [or use of water] from a state agency, city, county, unincorporated town, general improvement district,district , wastewater district or water authority of this State, the applicable entity shall provide [the] any requested information that is a public record to the Indian tribe [.] pursuant to the provisions of chapter 239 of NRS.

No city, county, unincorporated town, general improvement district,district , wastewater district or water authority of this State may enter into a contract, agreement or any other legal mechanism that would prevent the city, county, unincorporated town, general improvement district,district , wastewater district or water authority from sharing information in accordance with the requirements of this section.

Nothing[4. in this subsection shall be conSec.

As used in this section, “substantial change” means an individual change that will result in a significant impact, or minor changes that cumulatively will result in a significant impact, to water quality.] Nothing in this subsection shall be construed to interfere with attorney-client privilege.

Sec.

(Deleted[The byDivision amendment.)ey-clientshall: privilege.

-1. 83rd Session (2025) – 3 – Sec.

Develop a fillable form in portable document format for a city, county, unincorporated town, district, water authority or Indian tribe, as applicable, to report data and information as required or authorized pursuant to sections 2 and 3 of this act;

and 2.

Ensure any data and information that is reported pursuant to this section is available to all other cities, counties, unincorporated towns, districts, water authorities and Indian tribes in this State.

] (Deleted by amendment.) Sec.

445A.310 As used in NRS 445A.300 to 445A.730, inclusive, and [sections 2,] section 3 [and 4] of this act, unless the context otherwise requires, the words and terms defined in NRS 445A.315 to 445A.420, inclusive, havSecs.have the meanings ascribed to them in those sections.

6 and 7.

(Deleted by amendment.)se sections.

6.

[NRS 445A.500 is hereby amended to read as follows:

445A.500 1.

Each permit issued by the Department must ensure compliance with the following factors whenever applicable to the discharge or the injection of fluids through a well for which the permit is sought:

(a) Effluent limitations;

(b) Standards of performance for new sources;

(c) Standards for pretreatment;

(d) Standards for injections of fluids through a well;

and (e) Any more stringent limitations, including any necessary to meet or effectuate standards of water quality, standards of treatment or schedules of compliance developed by the Department as part of a continuing planning process or areawide plan for the management of the treatment of waste under NRS 445A.580 or in furthering the purposes and goals of NRS 445A.300 to 445A.730, inclusive [.] , and sections 2, 3 and 4 of this act.

Senate Amendment No.

215 to Senate Bill No.

276 Page 6 2.

Each permit must specify average and maximum daily or other appropriate quantitative limitations for the level of pollutants or contaminants in the authorized discharge or injection.

3.

If an application is made to discharge from a point source into any waters of this State which flow directly or ultimately into an irrigation reservoir upstream from which are located urban areas in two or more counties and if each county has a population of 55,000 or more, the Department must give notice of the application to each city, county, unincorporated town and irrigation district located downstream from the point of discharge.

Notice to an unincorporated town must be given to the town board or advisory council if there is one.

4.

If a city, county, unincorporated town, district or water authority of this State submits an application to discharge from a point source into any waters of the State which may degrade the water quality of any other city, county, unincorporated town, district or water authority or an Indian tribe of this State, the applicant shall provide notice of the application to each city, county, unincorporated town, district, water authority or other Indian tribe that may be impacted by the degradation.

5.

If an Indian tribe in this State submits an application to the Department to discharge from a point source into any waters of the State which may degrade the water quality of any city, county, unincorporated town, district, water authority or other Indian tribe in this State, the Department shall ensure each city, county, unincorporated town, district, water authority or other Indian tribe of this State that may be impacted by the degradation is notified of the application.] (Deleted by amendment.) Sec.

7.

[NRS 445A.505 is hereby amended to read as follows:

445A.505 1.

A holder of a permit for a publicly owned treatment works shall notify and supply the Department with information concerning any new or increased introduction of pollutants into the treatment works.

2.

All holders of permits issued under NRS 445A.465 to 445A.510, inclusive, whose production increases, or whose process modifications or facility expansion result in new or increased discharges or injections of fluids through a well shall report such changes by submitting a new application for a permit to the Department.

3.

All holders of permits issued under NRS 445A.465 to 445A.510, inclusive, whose production increases, or whose process modifications or facility expansion result in the infiltration of contaminants to underground waters of this State as a result of contaminated fluids or contaminated soils shall report the contamination to the Department [.] and any city, county, unincorporated town, district, water authority or Indian tribe that may be affected by the contamination.

] (Deleted by amendment.) Sec.

445A.655 To enforce the provisions of NRS 445A.300 to 445A.730, inclusive, and [sections 2,] section 3 [and 4] of this act, or any regulation, order or permit issued thereunder, the Director or authorized representative of the Department may, upon presenting proper credentials:

Enter any premises in which any act violating NRS 445A.300 to 445A.730, inclusive, and [sections 2,] section 3 [and 4] of this act, originates or takes place or in which any required records are required to be maintained;

Have access to and sample any discharges or injection of fluids into waters of the State which result directly or indirectly from activities of the owner or operatorSenate ofAmendment theNo. premises where the discharge originates or takes place or the injection of fluids through a well takes place.

215 to Senate Bill No.

276 Page 7 operator of the premises where the discharge originates or takes place or the injection of fluids through a well takes place.

Except as otherwise provided in NRS 445A.707, if the Director finds that any person is engaged or is about to engage in any act or practice which violates any provision of NRS 445A.300 to 445A.730, inclusive, and [sections 2,] section 3 [and 4] of this act, any standard or other regulation adopted by the Commission pursuant to those sections, or any permit issued by the Department pursuant to those sections, except for any violation of a provision concerning a diffuse source, the Director may:

The remedies and sanctions specified in subsection 1 are cumulative, and the institution of any proceeding or action seeking any one of the remedies or sanctions does not bar any simultaneous - 83rd Session (2025) – 4 – or subsequent action or proceeding seeking any other of the remedies or sanctions.

445A.680 Except as otherwise provided in NRS 445A.707, if the Director finds that any person is engaged or about to engage in any act or practice which violates any provision of NRS 445A.565,in445A.565, 445A.570 and 445A.572, or any standard or other regulation adopted pursuant thereto, with respect to a diffuse source:

(a) Specifying the provision or provisions of NRS 445A.300 to 445A.730, inclusive, and [sections 2,] section 3 [and 4] of this act,act , or the regulation or order alleged to be violated or about to be violated;

Except as otherwise provided in NRS 445A.707, if the Director finds that any person is engaged or is about to engage in any act or practice which constitutes or will constitute a violation of any provision of NRS 445A.300 to 445A.730, inclusive, and [sections 2,] section 3 [and 4] of this act, or of any rule, regulation or standard promulgated by the Commission, or of any permit or order issued by the Department pursuant to NRS 445A.300 to 445A.730, inclusive, and [sections 2,] section 3 [and 4] of this act, the Director may issue an order:

(a) Specifying the provision or provisions of NRS 445A.300 to 445A.730, inclusive, and [sections 2,] section 3 [and 4] of this act, or the regulation or order alleged to be violated or about to be violated;

- 83rd Session (2025) – 5 – 2.

445A.695Senate NRSAmendment 1.No.

Exceptis215 heasbyto otherwiseoSenate rprovidedolloin:Bill No.

NRS276 445A.707,Page the8 DirectorSec. may seek injunctive relief in the appropriate court to prevent the continuance or occurrence of any act or practice which violates any provision of NRS 445A.300 to 445A.730, inclusive, and section 3 of this act, or any permit, rule, regulation or order issued pursuant thereto.

12.

NRS 445A.695 is hereby amended to read as follows:

445A.695 1.

Except as otherwise provided in NRS 445A.707, the Director may seek injunctive relief in the appropriate court to prevent the continuance or occurrence of any act or practice which violates any provision of NRS 445A.300 to 445A.730, inclusive, and [sections 2,] section 3 [and 4] of this act , or any permit, rule, regulation or order issued pursuant thereto.

On a showing by the Director that a person is engaged, or is about to engage, in any act or any practice which violates or will violate any of the provisions of NRS 445A.300 to 445A.730, inclusive, and [sections 2,] section 3 [and 4] of this act,act , or any rule, regulation, standard, permit or order issued pursuant to those provisions, the court may issue, without bond, any prohibitory and mandatory injunctions that the facts may warrant, including temporary restraining orders issued ex parte or, after notice and hearing, preliminary injunctions or permanent injunctions.

to445A.700 445C.120,1. inclusive, a person who violates or aids or abets in the violation of any provision of NRS 445A.300 to 445A.730, inclusive, and section 3 of this act, or of any permit, regulation, standard or final order issued thereunder, except a provision concerning a diffuse source, shall pay a civil penalty of not more than $25,000 for each day of the violation.

TheExcept civilas penaltyotherwise imposedprovided byin thisNRS subsection445C.010 isto in445C.120, additioninclusive, toa anyperson otherwho penaltiesviolates providedor pursuantaids toor abets in the violation of any provision of NRS 445A.300 to 445A.730, inclusiveinclusive, [.]and ,[sections and2,] section 3 [and 4] of this act.act , or of any permit, regulation, standard or final order issued thereunder, except a provision concerning a diffuse source, shall pay a civil penalty of not more than $25,000 for each day of the violation.

The civil penalty imposed by this subsection is in addition to any other penalties provided pursuant to NRS 445A.300 to 445A.730, inclusive [.] , and [sections 2,] section 3 [and 4] of this act.

Except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, in addition to the penalty provided in subsection 1, the Department may recover from the person actual damages to the State resulting from the violation of NRS 445A.300 to 445A.730, inclusive, and [sections 2,] section 3 [and 4] of this act, any regulation or standard adopted by the Commission, or permit or final order issued - 83rd Session (2025) – 6 – by the Department, except the violation of a provision concerning a diffuse source.

In addition to any other remedy provided by this chapter, the Department may compel compliance with any provision of NRS 445A.300 to 445A.730, inclusive, and [sections 2,] section 3 [and 4] of this act, or of any permit, regulation, standard or final order adopted or issued thereto, by injunction or other appropriate remedy.

Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan or other document filed or required to be maintained by the provisions of NRS 445A.300 to 445A.730, inclusive, and [sections 2,] section 3 [and 4] of this act, or by any permit, rule, regulation or order issued pursuant thereto, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required to beSenate maintainedAmendment underNo. the provisions of NRS 445A.300 to 445A.730, inclusive, and section 3 of this act, or by any permit, rule, regulation or order issued pursuant thereto, is guilty of a gross misdemeanor and shall be punished by a fine of not more than $10,000 or by imprisonment in the county jail for not more than 364 days, or by both fine and imprisonment.

215 to Senate Bill No.

276 Page 9 be maintained under the provisions of NRS 445A.300 to 445A.730, inclusive, and [sections 2,] section 3 [and 4] of this act , or by any permit, rule, regulation or order issued pursuant thereto, is guilty of a gross misdemeanor and shall be punished by a fine of not more than $10,000 or by imprisonment in the county jail for not more than 364 days, or by both fine and imprisonment.

The penalty imposed by subsection 1 is in addition to any other penalties, civil or criminal, provided pursuant to NRS 445A.300 to 445A.730, inclusive [.] , and [sections 2,] section 3 [and 4] of this act.

445A.725 Nothing in NRS 445A.300 to 445A.730, inclusive, and [sections 2,] section 3 [and 4] of this act, shall be construed to amend, modify or supersede the provisions of title 48 of NRS or any rule, regulation or order promulgated or issued thereunder by the State Engineer.

(Deleted[The byprovisions amendment.)of ~~~~~NRS 25354.599 -do 83rdnot Sessionapply (2025)to any additional expenses of a local government that are related to the provisions of this act.] (Deleted by amendment.)