NAC488.540. Violation of provisions.


Latest version.
  •      1. If a public agency removes, contains or otherwise abates any contamination resulting from a violation of NRS 488.320 or NAC 488.530 or 488.535, a civil penalty in the amount equal to the costs of the removal, containment or abatement must be assessed against the person causing the violation. The penalty assessed must be made payable to the agency or agencies which incurred the cost.

         2. If an operator or owner of a vessel is determined to have violated any of the provisions of subsection 1 of NRS 488.320 or NAC 488.530 or 488.535, the operator or owner shall immediately remove the vessel from the waters of this State until the violations are corrected. The certificate of number of the vessel must also be suspended until the operator or owner has the vessel inspected and a determination is made by the Department that the vessel is in compliance with the provisions of subsection 1 of NRS 488.320 and NAC 488.530.

         3. Both the operator and the owner of a vessel which is maintained or operated upon the waters of this State in violation of the provisions of subsection 1 of NRS 488.320 or NAC 488.530 shall be jointly and severally liable for each violation.

         4. A person who violates any of the provisions of NRS 488.320 or NAC 488.530 shall pay to the Department:

         (a) For the first violation, a civil penalty of not less than $250.

         (b) For the second violation, a civil penalty of not less than $1,000.

         (c) For the third or subsequent violation, a civil penalty of not less than $2,000.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 11-23-94)