445B.470 - Prohibited acts; penalty; establishment of violation; request for prosecution. - Nevada Statutes

445B.470  Prohibited acts; penalty; establishment of violation; request for prosecution.

      1.  A person shall not knowingly:

      (a) Violate any applicable provision, the terms or conditions of any permit or any provision for the filing of information;

      (b) Fail to pay any fee;

      (c) Falsify any material statement, representation or certification in any notice or report; or

      (d) Render inaccurate any monitoring device or method,

Ê required pursuant to the provisions of NRS 445B.100 to 445B.450, inclusive, or 445B.470 to 445B.640, inclusive, or any regulation adopted pursuant to those provisions.

      2.  Any person who violates any provision of subsection 1 shall be punished by a fine of not more than $10,000 for each day of the violation.

      3.  The burden of proof and degree of knowledge required to establish a violation of subsection 1 are the same as those required by 42 U.S.C. § 7413(c), as that section existed on October 1, 1993.

      4.  If, in the judgment of the Director of the Department or the Director’s designee, any person is engaged in any act or practice which constitutes a criminal offense pursuant to NRS 445B.100 to 445B.640, inclusive, the Director of the Department or the designee may request that the Attorney General or the district attorney of the county in which the criminal offense is alleged to have occurred institute by indictment or information a criminal prosecution of the person.

      5.  If, in the judgment of the control officer of a local air pollution control board, any person is engaged in such an act or practice, the control officer may request that the district attorney of the county in which the criminal offense is alleged to have occurred institute by indictment or information a criminal prosecution of the person.

      (Added to NRS by 1993, 2850; A 2001, 1296)