NAC445B.275. Violations: Acts constituting; notice.  


Latest version.
  •      1. Failure to comply with any requirement of NAC 445B.001 to 445B.3689, inclusive, any applicable requirement or any condition of an operating permit constitutes a violation. As required by NRS 445B.450, the Director shall issue a written notice of an alleged violation to any owner or operator for any violation, including, but not limited to:

         (a) Failure to apply for and obtain an operating permit;

         (b) Failure to construct a stationary source in accordance with the application for an operating permit as approved by the Director;

         (c) Failure to construct or operate a stationary source in accordance with any condition of an operating permit;

         (d) Commencing construction or modification of a stationary source without applying for and receiving an operating permit or a modification of an operating permit as required by NAC 445B.001 to 445B.3497, inclusive, or a mercury operating permit to construct as required by NAC 445B.3611 to 445B.3689, inclusive;

         (e) Failure to comply with any requirement for recordkeeping, monitoring, reporting or compliance certification contained in an operating permit; or

         (f) Failure to pay fees as required by NAC 445B.327 or 445B.3689.

         2. The written notice must specify the provision of NAC 445B.001 to 445B.3689, inclusive, the condition of the operating permit or the applicable requirement that is being violated.

         3. Written notice shall be deemed to have been served if delivered to the person to whom addressed or if sent by registered or certified mail to the last known address of the person.

     [Environmental Comm’n, Air Quality Reg. §§ 2.3.1 & 2.9.5-2.9.7, eff. 11-7-75; + § 13.1.8, eff. 11-7-75; A 12-15-77]—(NAC A 8-22-86; 10-22-87; 12-8-89; 12-13-93; 10-30-95; R103-02, 12-17-2002; R189-05, 5-4-2006; R040-10, 7-22-2010)