NAC445A.335. Resumption of administration by Division; return of administration to municipality.

     1. If the Division resumes the administration of all or any portion of the program as a result of such a proceeding, the municipality must make available all of its records pertaining to its previous administration of the program or the pertinent portion thereof. During the course of the Division’s administration, after such a resumption, it shall regularly consult with the municipality.

     2. At any time after such a resumption, the Division may return all administration to the municipality upon its written assurance that if the administration is returned, it will be adequate and proper. The assurance must be accompanied by a detailed plan for effective administration of all or the pertinent portion of the program.

     3. If the Division finds that the assurance and plan are adequate, it shall promptly return administration of the program or the pertinent portion thereof, with the related records to the municipality.

     4. If the Division finds that the assurance or plan is inadequate, it shall so advise the municipality in writing, whereupon the municipality may appeal to the Commission in the manner prescribed in NAC 445A.323.

     [Environmental Comm’n, Diffuse Source Control Reg. §§ 4.2.11-4.2.14, eff. 10-16-80]—(Substituted in revision for NAC 445.229)