444.635 - Civil penalties: Liability upon each conviction; increase of penalty for subsequent conviction; payment in installments; collection; disposition and use of money collected.
444.635 Civil penalties: Liability upon each conviction; increase of penalty for subsequent conviction; payment in installments; collection; disposition and use of money collected.
1. Except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, a person convicted of violating NRS 444.555 and, in addition to the penalty imposed pursuant to NRS 444.509, 444.583 or 444.630, any person convicted of violating NRS 444.509, 444.583 or 444.630 is liable for a civil penalty upon each such conviction.
2. Except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, a court before whom a defendant is convicted of a violation of the provisions of NRS 444.509, 444.555, 444.583 or 444.630, shall order the defendant:
(a) For a first offense, to pay a civil penalty which is at least $500 but not more than $5,000.
(b) For a second offense, to pay a civil penalty which is at least $1,000 but not more than $5,500.
(c) For a third offense, to pay a civil penalty which is at least $1,500 but not more than $6,000.
(d) For any subsequent offense, to pay a civil penalty which is at least $500 more than the most recent previous civil penalty that the defendant was ordered to pay pursuant to this subsection.
3. If so provided by the court, a penalty imposed pursuant to this section may be paid in installments.
4. The solid waste management authority may attempt to collect all such penalties and installments which are in default in any manner provided by law for the enforcement of a judgment.
5. Except as otherwise provided in this subsection, each court which receives money pursuant to the provisions of this section shall forthwith remit the money to the Division of Environmental Protection of the State Department of Conservation and Natural Resources, which shall deposit the money with the State Treasurer for credit in a separate account in the State General Fund. If the health authority initiated the action or, if any other person authorized to enforce NRS 444.630 initiated the action and the money collected was for a violation of NRS 444.630, the court shall remit the money to the district health department which shall deposit the money with the county treasurer for deposit in an account for the district health department. Money deposited pursuant to this subsection must be:
(a) Used only to pay:
(1) Rewards pursuant to NRS 444.640;
(2) For education regarding the unlawful disposal of solid waste;
(3) For the cleaning up of dump sites; and
(4) For the management of solid waste; and
(b) Paid as other claims against the state or local governments are paid.
(Added to NRS by 1987, 1490; A 1991, 1673; 1997, 1079; 2001, 1237; 2001 Special Session, 162; 2009, 408, 1084)