Nevada Division of Environmental Protection - Bureau of Waste Management

2007 Solid Waste Management Plan

1. Introduction

1.1 Scope and Purpose
The management of solid waste is a vital part of the infrastructure of any city or county. Local reuse and recycling programs help conserve resources and instill a "conservation ethic" in citizens. Cost-effective and efficient waste collection systems help to prevent illegal dumping and protect public health. Properly designed, well-operated landfill sites ensure safe disposal of solid waste. Planning and implementing a system to effectively manage solid waste is a responsibility of local government.

State government's primary role is regulatory with respect to solid waste management, by implementing the regulations adopted by the State Environmental Commission. The statutes and regulations governing solid waste management in Nevada are NRS 444.440 - 444.645 (Appendix 5) NAC 444.570 - 444.7499 (Appendix 6) and NRS 444A.010 - 444A.110 (Appendix 7) NAC 444A. 005 - 444A.655 (Appendix 8). Appendix 1 contains a list of the amendments to the Nevada Revised Statutes (NRS) and Nevada Administrative Codes (NAC) pertaining to solid waste management. Solid waste planning, agency coordination and public education are also responsibilities of the State. NRS 444.570 (Appendix 5) requires the State Environmental Commission to develop a statewide plan for management of solid waste and to update the plan every five years. This planning requirement gives the State an opportunity to assess solid waste management systems statewide, and to review the efficacy of existing laws and regulations.

Ensuring safe handling of solid waste continues to be a central part of the Nevada Division of Environmental Protection's (NDEP) mission. Toward that end, this solid waste management plan (Plan) reviews the status of collection and disposal systems within each County. It also considers the adequacy of landfill standards in light of recent trends toward importation of solid waste to rural disposal facilities. Finally, this Plan attempts to identify viable economic incentives and other methods that will encourage the most efficient use of resources, reduction of waste generation and optimum recovery of resources from the solid waste stream.

In general Nevada's infrastructure for solid waste collection and disposal has improved dramatically over the past ten years, especially in rural areas of the State. Curbside recycling services are now widely available in major urban areas, and a composting industry has emerged in northern Nevada.

1.2 Governmental Roles and Responsibilities

1.2.1 Municipal Governments
Each municipality or health district in Nevada is required by NRS 444.510 (Appendix 5) to develop and carry out a plan for a "solid waste management system" which is defined in statute as "the entire process of storage, collection, transportation, processing, recycling and disposal of solid waste. The term includes plans and programs for the reduction of waste and public education." Municipalities are also required to implement recycling requirements in NRS 444A.040 (Appendix 7). In order to carry out these responsibilities, the statutes give authority to municipalities to adopt ordinances, acquire land, offer franchises for solid waste collection, and levy appropriate fees (these fees are not subject to the fee revenue cap specified in NRS 354.5989). > Local governments are also largely responsible for enforcing statutory prohibitions against unlawful dumping. Amendments to the solid waste statutes adopted by the 71st Nevada Legislature (2001) provide significant authority to local government agencies and peace officers to levy civil and criminal penalties for illegal dumping. Unauthorized dumping is a misdemeanor subject to penalties, community service sentences and revocation of business licenses.

1.2.2 Health Districts
In Clark and Washoe Counties, the health districts are the primary regulatory agencies over solid waste management. The State statutes designate these agencies as the "Solid Waste Management Authorities" within their respective jurisdictions, although the health district programs are subject to periodic review by the NDEP. The NDEP retains the ultimate authority to implement municipal landfill regulations in the health districts, if necessary. In addition to enforcing unlawful dumping provisions, the health districts are responsible for issuing permits and conducting compliance inspections at disposal sites, transfer stations, materials recovery facilities, and other facilities that handle or process solid waste within their jurisdiction. The governing boards of the health district may adopt ordinances governing solid waste disposal sites and solid waste management systems, or any part thereof that are more restrictive than those adopted by the State Environmental Commission and other solid waste management regulations as long as they do not conflict with the SEC regulations. The Washoe County District Health Department, through an inter-local agreement, also exercises regulatory authority over the Lockwood Regional Landfill, located in Storey County.

1.2.3 State Government
The NDEP has the responsibilities of solid waste planning, permitting, compliance monitoring, enforcement, and implementation of a public information and education programs. In addition, the NDEP has responsibilities under NRS 444A (Appendix 7) for implementing the program for recycling. The State Environmental Commission has the authority to adopt solid waste and recycling regulations.

The NDEP is the designated solid waste management authority in all areas of the State, except Clark and Washoe Counties. The NDEP is also tasked with the periodic review of the programs of the other Solid Waste Management Authorities, primarily to ensure that their permitting and compliance monitoring programs are consistent with the State and Federal municipal landfill criteria.

Nevada received approval from the US EPA in 1994 to enforce federal municipal landfill regulations. In order to receive approval, the State had to demonstrate that its regulations were at least as stringent as the Federal landfill criteria and that it had adequate resources and authority to enforce the standards. The NDEP and the health districts have the responsibility to ensure compliance with the minimum federal standards for municipal landfills. While procedures are established in statute for the NDEP to exercise authority over Clark and Washoe Counties to enforce solid waste laws and regulations, if necessary, the US EPA retains authority to take enforcement action if evidence is found that handling or disposal of solid waste is presenting an imminent and substantial endangerment to public health or the environment, or where there are violations of the federal landfill criteria and the State has failed to take action to remedy the situation.

1.2.4 Tribal Governments
Neither the NDEP nor the health districts have authority to regulate solid waste management on tribal lands. Federal Subtitle D regulations are self-implementing on tribal lands; however the US EPA may issue site-specific flexibility waivers for landfills on tribal lands if the site wishes to establish a flexible performance standard rather than use the prescriptive standards set forth in 40 CFR Part 258 (Appendix 9). This ensures that landfills located on tribal lands may apply for the same flexibility available to landfills in states with EPA-approved MSWLF permit programs.

The Nevada Rural Water Association (NvRWA), under a contract with the US Dept. of Agriculture has provided technical assistance to tribes on solid waste issues. Historically, coordination between the tribes and the NDEP on solid waste issues has been informal, yet solid waste management issues clearly cross jurisdictional boundaries. Open burning (air pollution), collection and recycling services on and off tribal land, and protection of surface water and groundwater from landfill contaminants are examples. NRS 444A.040 (Appendix 7) requires municipalities with approved recycling programs to make them available to reservations and colonies within their jurisdictions. In 2003, a tribal liaison position was established within the NDEP in an effort to improve coordination among Nevada's tribal and municipal agencies.

1.2.5 Federal Facilities
The Federal government operates solid waste facilities, including landfills, on some of the Department of Defense (DoD) and Department of Energy (DOE) installations within Nevada. These landfills service only the installations and are not open to the general public. A number of the facilities lie within restricted areas and are regulated through the NDEP Bureaus of Federal Facilities (DOE) or Bureau of Corrective Actions (DoD). The remaining solid waste facilities under Federal control are regulated, as normal, through the appropriate solid waste management authority.