NRS540A.260. Preparation and approval of plan for remediation; duty of board to determine costs of developing and carrying out plan; liability of owner or lessee of property.

      1.  Before creating a district for remediation pursuant to NRS 540A.250, the board shall prepare a plan for remediation which must be approved by the Division.

      2.  The plan for remediation may include any action which is reasonable and economically feasible in the event of the release or threat of release of any hazardous substance into the environment which may affect the water quality in this state. Such action may include:

      (a) Monitoring, assessing and evaluating the water which may be affected by the substance;

      (b) Removing or disposing of the substance or remedying the condition of the water in any other manner; and

      (c) Taking such actions as are necessary to prevent, minimize or mitigate damage to the affected water.

      3.  After the plan for remediation is approved by the Division, the board shall determine, and may from time to time redetermine, the costs of developing and carrying out the plan for remediation. The costs may include all or part of:

      (a) The cost of acquisition, construction, equipment or other improvement of real and personal property in developing and carrying out the plan for remediation;

      (b) The cost of engineering and design in connection with developing and carrying out the plan for remediation;

      (c) The cost of operation, maintenance, monitoring, administration, collection and other continuing charges in connection with developing and carrying out the plan for remediation;

      (d) Any reimbursements as provided in subsection 2 of NRS 540A.250 or NRS 540A.270;

      (e) Principal, interest and other charges due in connection with bonds or other borrowing incurred to pay the costs of developing and carrying out the plan for remediation;

      (f) The cost of operation, maintenance, administration and other continuing charges in connection with carrying out the responsibilities of the district for remediation, including the cost to notify the general public of the plan for remediation and the activities of the district; and

      (g) All other costs and expenses that the board determines are reasonably related to the development and carrying out of the plan for remediation or the financing thereof, or to the activities or responsibilities of the district for remediation.

      4.  An owner or lessee of property within the district who did not cause or contribute to the condition which the district was created to remedy is not subject to criminal or civil liability, including, without limitation, any liability for the cost of remediation or any related damage or injury caused by the condition, except to the extent of any unpaid assessments levied against the property.

      5.  No person, governmental agency or charitable organization, whether or not otherwise exempt from assessment or taxation, except the Federal Government, is exempt from an assessment levied pursuant to this section.

      (Added to NRS by 1995, 2657; A 1997, 656, 1336)