Nev. Admin. Code § 445A.293 - Plants for sewage treatment: Denial of application for certificate or suspension or revocation of certificate

Current through August 4, 2021

1. If the Division determines that an applicant for a full, restricted or provisional certificate as an operator of a plant for sewage treatment has engaged in any conduct set forth in subsection 3, the Division may deny an application for a certificate as an operator of a plant for sewage treatment.
2. If the Division determines that a holder of a full, restricted or provisional certificate as an operator of a plant for sewage treatment has engaged in any conduct set forth in subsection 3 or section 8 of this regulation, the Division may:
(a) Suspend or revoke a certificate;
(b) Place the holder of the certificate on probation for a specified period of time; or
(c) Take any other disciplinary action against the holder of the certificate deemed appropriate by the Division.
3. The Division may take action pursuant to subsection 1 or 2 if the applicant or holder of the certificate:
(a) In applying for or obtaining a certificate, has submitted to the Division any application, document, record, report or affidavit, or any information in support thereof, which is false or fraudulent;
(b) Is grossly negligent, incompetent or has committed misconduct in the performance of his or her duties as an operator of a plant for sewage treatment;
(c) Has demonstrated disregard for the health and safety of the public and the environment;
(d) Has acted outside the rights and privileges of the grade for which he or she holds a certificate;
(e) Has been convicted of a violation of any federal law or law of any state relating to water quality, including, without limitation, the Clean Water Act, 33 U.S.C. §§ 1251 et seq.;
(f) Has been convicted of, or entered a plea of guilty or nolo contendere to, any felony or other crime involving moral turpitude, dishonesty or corruption;
(g) Has willfully made to a governmental agency with regulatory authority any false statement, or failed to correct a false statement previously made, which is material to the administration or enforcement of any provision of this chapter or chapter 445A of NRS;
(h) Continues to work as an operator of a plant for sewage treatment after his or her certificate has expired or been suspended or revoked; or
(i) Has violated, attempted to violate, assisted or abetted in the violation of or conspired to violate any provision of this chapter or chapter 445A of NRS.
4. Any disciplinary action taken by the Division against the holder of a certificate for conduct set forth in subsection 3 or section 8, must be taken pursuant to the provisions of sections 3 to 23, inclusive, of this regulation.
5. Any disciplinary action taken pursuant to this section and sections 3 to 23, inclusive, of this regulation is separate from and may be in addition to any other civil or criminal action provided by statute or regulation.

Notes

Nev. Admin. Code § 445A.293
Added to NAC by Environmental Comm'n by R155-17, eff. 5-16-2018; A by R126-19A, eff. 12-29-2020
NRS 445A.425

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