NRS445A.555. Package plant for sewage treatment: Remedy for violation of conditions of permit; assumption of control of plant by local governing body.

      1.  If the Department has found that any of the conditions of a permit to discharge water from a package plant for sewage treatment are being violated and has notified the holder of the permit that the holder must bring the plant into compliance, but the holder of the permit has failed to comply within a reasonable time after the date of the notice, the local governing body may take the following actions independently of any further action by the Department:

      (a) Give written notice, by certified mail, to the owner of the plant and the owners of the property served by the plant that if the violation is not corrected within 30 days after the date of the notice, the local governing body will seek a court order authorizing it to assume control; and

      (b) After the 30-day period has expired, if the plant has not been brought into compliance, apply to the district court for an order authorizing the local governing body to assume control of the plant and assess the property for the continued operation and maintenance of the plant as provided in subsection 5 of NRS 445A.540.

      2.  If the local governing body determines at any time that immediate action is necessary to protect the public health and welfare, it may assume physical control and operation of a package plant for sewage treatment without complying with any of the requirements set forth in subsection 1. The local governing body may not maintain control of the plant pursuant to this subsection for a period greater than 30 days unless it obtains an order from the district court authorizing an extension.

      (Added to NRS by 1979, 1914)