459.3874 - Amount of civil administrative penalties; settlement of claim; imposition of civil penalty.
459.3874 Amount of civil administrative penalties; settlement of claim; imposition of civil penalty.
1. The civil administrative penalties are:
Category of Offense Penalty in U.S. Dollars
A. Failure to register a new or existing facility:................ $25,000 plus $2,000 per day
from the due date
B. Failure to pay the fee required pursuant to NRS 459.3824:... 75 percent of the fee
C. Failure to provide information requested by the Division:............................ $25,000
D. Failure to grant access to employees or agents of the Division for inspections: $25,000
E. Failure to provide information or grant access to employees or agents of the Division during an emergency:...................................................................................................... $50,000
F. Falsification of information submitted to the Division: up to $10,000 per incident
G. Failure to obtain a permit for the construction of a new facility:................ $25,000
H. Failure to comply with a regulation adopted pursuant to NRS 459.380 to 459.3874, inclusive, other than a regulation for which a civil administrative penalty is set forth in category A to G, inclusive: .$10,000 per incident
The civil administrative penalty prescribed in category H may be assessed for each regulatory provision that is violated. The civil administrative penalty prescribed in category G may be assessed against a contractor who is constructing the facility only if the contractor is contractually responsible for obtaining all appropriate permits for the construction of the facility and the contractor knows or has reason to know the planned use of the facility.
2. The Division may compromise and settle any claim for any penalty as set forth in this section in such amount in the discretion of the Division as may appear appropriate and equitable under all of the circumstances, including the posting of a performance bond by the violator. If a violator is subject to the imposition of more than one civil administrative penalty for the same violation, the Division shall compromise and settle the claim for the penalty as set forth in this section in such amount as to avoid the duplication of penalties.
3. No penalty may be imposed pursuant to this section for the failure to perform a required act within the time required if the delay was caused by a natural disaster or other circumstances which are beyond the control of the violator.
4. Any person who violates any of the provisions of NRS 459.380 to 459.3834, inclusive, or 459.387, or any regulation or order adopted or issued pursuant thereto, or an administrative order issued pursuant to subsection 2 of NRS 459.3872 or a court order issued pursuant to subsection 1 of NRS 459.3872, or who fails to pay a civil administrative penalty in full is subject, upon order of the court, to a civil penalty not to exceed $10,000 per day of the violation, and each day’s continuance of the violation constitutes a separate and distinct violation. Any penalty imposed pursuant to this subsection may be recovered with costs in a summary proceeding by the Attorney General.
(Added to NRS by 1991, 2009; A 1999, 1131, 2009; 2003, 1609)