NRS445A.540. Package plant for sewage treatment: Conditions for issuing permit.

  A permit to discharge water from a package plant for sewage treatment may not be issued unless all of the following conditions are met:

      1.  Neither of the following is available:

      (a) Sewerage provided by a public utility; or

      (b) Sewerage provided by a municipality or other public entity.

      2.  The applicant fully complies with all of the conditions of NRS 445A.465 to 445A.515, inclusive.

      3.  The local governing body assumes:

      (a) Responsibility in case of default by the builder or developer for the continued operation and maintenance of the plant in accordance with all of the terms and conditions of the permit.

      (b) The duty of assessing the lands served as provided in subsection 5.

      4.  The applicant furnishes the local governing body sufficient surety in the form of a bond, certificate of deposit, investment certificate or any other form acceptable to the governing body, to ensure the continued maintenance and operation of the plant:

      (a) For 5 years following the date the plant is placed in operation; or

      (b) Until 75 percent of the lots or parcels served by the plant are sold,

Ê whichever is later.

      5.  The owners of the lands to be served by the package plant for sewage treatment record a declaration of covenants, conditions and restrictions, which is an equitable servitude running with the land and which must provide that each lot or parcel will be assessed by the local governing body for its proportionate share of the cost of continued operation and maintenance of the plant if there is a default by the applicant or operator of the plant and a sufficient surety, as provided in subsection 4, is not available.

      6.  The declaration of covenants, conditions and restrictions recorded by the owners further provides that if the local governing body determines that:

      (a) The plant is not satisfactorily serving the needs of its users; and

      (b) Sewerage provided by a public utility or a municipality or other public entity is reasonably available,

Ê the local governing body may require all users of a package plant for sewage treatment to connect into the available sewers provided by a utility or a municipality or other public entity, and each lot or parcel will be assessed by the local governing body for its proportionate share of the cost of connecting into those sewers. These assessments are not subject to the jurisdiction of the Public Utilities Commission of Nevada.

      7.  Provision has been made for disposition of the plant and the land on which it is situated after the local governing body requires all users to connect into available sewers provided by a public utility or a municipality or other public entity.

      (Added to NRS by 1979, 1913; A 1987, 717; 1997, 1995)