444.556 - Municipal solid waste landfills: Permit required; conditions of permit; disclosure of records regarding application for permit; powers of solid waste management authority.
444.556 Municipal solid waste landfills: Permit required; conditions of permit; disclosure of records regarding application for permit; powers of solid waste management authority.
1. Before constructing or operating a municipal solid waste landfill, the owner or operator of the landfill shall obtain a permit issued by the solid waste management authority.
2. A permit for the construction or operation of a municipal solid waste landfill is subject to the general conditions of the Resource Conservation and Recovery Act of 1976, Subtitle D, 42 U.S.C. §§ 6941 et seq., and the regulations adopted pursuant thereto.
3. Any documents submitted in connection with an application for a permit, including any modifications requested by the solid waste management authority that require corrective action to the proposed construction or operation, are public records and must be made available for public comment. The final determinations made by the solid waste management authority on an application for a permit are public records.
4. A permit issued by a solid waste management authority must be conditioned upon all requirements that are necessary to ensure continuing compliance with:
(a) The requirements of the Resource Conservation and Recovery Act of 1976, Subtitle D, 42 U.S.C. §§ 6941 et seq., and the regulations adopted pursuant thereto, which describe:
(1) General standards for a municipal solid waste landfill;
(2) Restrictions on the location of such a landfill;
(3) Criteria for the operation of such a landfill;
(4) Criteria for the design of such a landfill;
(5) Requirements for monitoring groundwater and standards for corrective actions related thereto;
(6) Standards of care related to the closure of such a landfill; and
(7) Financial requirements for the owners or operators of such landfills;
(b) The applicable regulations of the State Environmental Commission; and
(c) The applicable laws of this State.
5. A solid waste management authority may:
(a) Obtain, and the owner or operator of a municipal waste landfill shall deliver upon request, any information necessary to determine whether the owner or operator is or has been in compliance with the terms and conditions of the permit, the regulations of the State Environmental Commission, the applicable laws of this State and the provisions of the Resource Conservation and Recovery Act of 1976, Subtitle D, 42 U.S.C. §§ 6941 et seq., and the regulations adopted pursuant thereto;
(b) Conduct monitoring or testing to ensure that the owner or operator is or has been in compliance with the terms and conditions of the permit; and
(c) Enter any site or premises subject to the permit, during normal business hours, on which records relevant to the municipal solid waste landfill are kept in order to inspect those records.
(Added to NRS by 1993, 11)