NRS 268.4105
Package plant for treatment of sewage: Requiring users of plant to connect into sewers provided by public utility or public entity

  • assessment for costs of connection
  • remedies for violation of conditions imposed on plant by law
  • assumption of control of plant by city
  • assessment for costs of operation and maintenance.

1.

If the governing body of the city determines that:

(a)

A package plant for sewage treatment which is located within the city limits and is exempt from the provisions of NRS 445A.540 to 445A.560, inclusive, is not satisfactorily serving the needs of its users; and

(b)

Sewerage provided by a public utility, the city or another municipality or other public entity is reasonably available to those users,
Ê the governing body may require all users of the plant to connect into the available sewers provided by a public utility, the city or another municipality or other public entity, and may assess each lot or parcel served 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.

2.

If the State Department of Conservation and Natural Resources has found that a package plant for sewage treatment which is exempt from the provisions of NRS 445A.540 to 445A.560, inclusive, is violating any of the conditions of NRS 445A.465 to 445A.515, inclusive, and has notified the holder of the permit that he or she 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 governing body of the city in which the plant is located may take the following actions independently of any further action by the State Department of Conservation and Natural Resources:

(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 governing body of the city 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 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 4.

3.

If the governing body of the city 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 which is located within the city limits and is exempt from the provisions of NRS 445A.540 to 445A.560, inclusive, without complying with any of the requirements set forth in subsection 2. The 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.

4.

Each lot and parcel served by a package plant for sewage treatment which is exempt from the provisions of NRS 445A.540 to 445A.560, inclusive, is subject to assessment by the governing body of the city in which the plant is located for its proportionate share of the cost of continued operation and maintenance of the plant if there is a default or the city assumes control and operation of the plant pursuant to subsection 2 or 3.

Source: Section 268.4105 — Package plant for treatment of sewage: Requiring users of plant to connect into sewers provided by public utility or public entity; assessment for costs of connection; remedies for violation of conditions imposed on plant by law; assumption of control of plant by city; assessment for costs of operation and maintenance., https://www.­leg.­state.­nv.­us/NRS/NRS-268.­html#NRS268Sec4105.

268.409
Loitering and prowling ordinances: Enactment and enforcement by governing body of incorporated city. 268.410
Regulation and control of smoke and pollution of air. 268.411
Waste of water may be prohibited. 268.412
Prevention of excessive noise. 268.413
City’s building codes and regulations. 268.414
Creation, maintenance or display of comprehensive model or map of physical location of facilities of public utility, public water system or video service provider prohibited. 268.415
Promotion of civil and equal rights. 268.418
State control over regulation of firearms, firearm accessories and ammunition 268.420
Health districts. 268.423
Permits to solicit charitable contributions while standing on median strip of highway or sidewalk adjacent to highway. 268.425
Speed limits in school zones and school crossing zones: Posting of informational signs and devices. 268.426
Patrol and provision of public safety within certain areas of mobile home parks by law enforcement agency. 268.427
Ordinance for control of rabies. 268.4101
Regulation and control of electric personal assistive mobility devices. 268.4102
Requiring users of certain water systems to connect into system provided by public utility or public entity 268.4105
Package plant for treatment of sewage: Requiring users of plant to connect into sewers provided by public utility or public entity 268.4107
Provision of services by municipal utility to real property not to be conditioned upon annexation of property. 268.4112
Tax to finance water facility by city in county whose population is 700,000 or more: Imposition by ordinance 268.4122
Abatement of dangerous or noxious structures or conditions on private property: Ordinance establishing procedures 268.4124
Abatement of chronic nuisance: Ordinance establishing procedures 268.4126
Abatement of abandoned nuisance: Ordinance establishing procedures 268.4128
Ordinance concerning criminal gang activity and certain buildings and places harboring such activity: Injunctions 268.41015
Regulation and control of mobile carrying devices.
Last Updated

Feb. 5, 2021

§ 268.4105’s source at nv​.us