Nondiscrimination Policy

I. POLICY OF NONDISCRIMINATION

The Nevada Division of Environmental Protection (Division) is committed to ensuring that no person is excluded from participation in, denied the benefits of, or subjected to discrimination under any program, activity, or service that it provides on the basis of race, color, national origin; on the basis of sex or a disability; or on the basis of age, in violation of Title 40 Code of Federal Regulations (C.F.R.) Parts 5 and 7 and Title VI of the Civil Rights Act of 1964 , Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, Title IX of the Education Amendments of 1972, and Section 13 of the Federal Water Pollution Control Act Amendments of 1972. (Federal Nondiscrimination Laws). The Division will not tolerate retaliation, intimidation, threats, coercion, or discrimination against any individual or group. This policy establishes a framework for taking reasonable measures to ensure Nevada citizens and Tribal members have access to all services and programs provided by or actions taken by the Division. This policy also establishes procedures whereby the Division will receive and investigate allegations of discrimination.

II. LEGAL REQUIREMENTS

Title 40 of the Code of Federal Regulations (CFR), Parts 5 and 7, prohibit discrimination on the basis of race, color, national origin, age, sex, or disability in programs or activities receiving federal assistance. These requires are further codified in:

Title VI of the Civil Rights Act of 1964, which assures that “[n]o person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefit of, or be otherwise subjected to discrimination under any program or activity receiving federal assistance.”
Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in any education or training program receiving federal financial assistance, with a limited number of defined exceptions.
Section 504 of the Rehabilitation Act of 1973, which forbids discrimination on the basis of an individual’s disability by all federal agencies and in all federally funded activities.
The Age Discrimination Act of 1975, as amended, which prohibits discrimination in federally supported activities on the basis of age.
NRS 232.0081, as amended, which requires the Division to develop a language access plan.

III. DIVISION NONDISCRIMINATION PROGRAM

a. Overview, Goals, and Principles. The Division is required to comply with Federal Nondiscrimination Laws as a recipient of federal assistance from the U.S. Environmental Protection Agency and other federal agencies. The Division will not exclude an individual from participation in, or the enjoyment of, any advantage or privilege provided by its programs, activities, and services based on an unlawful discriminatory reason, and the Division will not tolerate intimidation, threats, coercion, or discrimination against any individual or group.

To ensure its programs, activities, and services are responsive to the needs and priorities of Nevada’s diverse population, it is essential to have a process in place that effectively engages the public, fully integrates their feedback, and results in decisions that are protective of human health and the environment. The objective of the Division’s Nondiscrimination Program is to ensure all people are treated equally under and have a meaningful role in processes associated with and access to the Division’s programs, activities, and services.

b. Elements of the Program.

Notice of Nondiscrimination. The Division’s Notice of Nondiscrimination is provided in both English and Spanish and offers contact information for the Nondiscrimination Coordinator. The Notice is prominently and permanently posted in the Division’s main offices in Carson City and Las Vegas and on the Division’s website.
Grievance Procedures. The Division’s grievance procedures provide a process for filing a complaint concerning discrimination or retaliation, investigating the complaint, communicating with complainant about the complaint, deciding the merits of a complaint, and, if applicable, providing a remedy. The Division’s grievance procedures and complaint forms are posted on the Division’s website.
Language Access Plan. The Language Access Plan (LAP) provides a process for identifying individuals in need of language or auditory services and providing services that ensure the Division’s communications and materials pertinent to or in support of a program, activity, or service are reasonably accessible. The LAP is posted on the Division’s website.
Public Participation Plan. The Division’s Public Participation Plan (PPP) provides a general framework for meaningful public involvement in all of its programs, activities, and services no matter the location of the program in the State of Nevada or the community potentially impacted. The PPP is posted on the Division’s website.
Demographic Data. In compliance with 40 C.F.R. 7.85(a)(2), the Division collects and maintains demographic data on the race, ethnicity, age, sex, disability status, and English proficiency of Nevada citizens. The data will be reviewed and updated annually.

IV. NONDISCRIMINATION COORDINATOR

a. Role. The Division’s Nondiscrimination Coordinator facilitates the Division’s compliance with Federal Nondiscrimination Laws by:

Ensuring information regarding the Division’s Nondiscrimination Program is available both internally and externally;
Maintaining public notices of nondiscrimination and procedures for receipt and processing of complaints;
Processing and investigating complaints in accordance with the Division’s grievance procedures to assure prompt and fair resolution;
Providing written updates to complainants of the progress and disposition of their complaints;
Tracking and conducting semiannual reviews of all complaints and their disposition filed under Federal Nondiscrimination Laws including any patterns or systemic problems;
Maintaining the Division’s compliance records; and
Periodically reviewing the efficacy of the Division’s Nondiscrimination Program.

The Division’s Nondiscrimination Coordinator also supports implementation of the Division’s LAP by:

Identifying the primary channels of contact for individuals with LEP or disabilities (whether telephonic, in person, written correspondence, web-based, etc.);
Reviewing information reported by staff about identification of and services provided to individuals with LEP or disability;
Reviewing the Division’s programs, activities, and services for language accessibility;
Assessing implementation of the LAP and providing recommendations, if any, to improve the Division’s efforts to provide meaningful access to its programs, activities, and services to individuals with LEP or disability;
Taking reasonable steps to provide meaningful access to its grievance process for individuals with LEP and provide individuals with disabilities the right to request reasonable modifications or auxiliary aids or services needed to obtain equal access to and enable participation in the Division’s grievance process; and\
Reviewing annual cost of translation and interpretation services and ensuring that funds are available to provide services.

b. Staff Training. The Division’s Nondiscrimination Coordinator will train the Division’s staff on this Policy, the grievance procedures, the LAP, and the PPP. Training may include but is not limited to:

Explaining the Division’s requirements under Federal Nondiscrimination Laws;
Describing the grievance procedures;
Handling actual or potential discrimination complaints;
Identifying language need(s) for an individual with LEP or auxillary aids and services for an individual with a disability;\
Providing notice of language assistance in Vital Documents; and
Implementing the goals of the PPP.

c. Contact Information. All communication, submittals, or requests for services under this policy should be directed or sent to the attention of:

Frederick J. Perdomo
Nondiscrimination Coordinator
901 South Stewart Street, Suite 4001
Carson City, Nevada 89701
Nondiscrimination_Coodinator [at] ndep.nv.gov
775-687-9301

V. ATTACHMENTS

ATTACHMENT A: Notice of Nondiscrimination - Download Attachment A

ATTACHMENT B: Grievance Procedures (B1) and Complaint Form (B2) -
Download Attachment B1 - Download Attachment B2

ATTACHMENT C: Language Access Plan - Download Attachment C

ATTACHMENT D: Public Participation Plan - Download Attachment D

ATTACHMENT E: Demographic Data - Download Attachment E

VI. VERSION

2026 Download Complete Policy With Attachments

VII. APPROVED

Jennifer Carr, Division Administrator
Frederick Perdomo, Division Deputy Administrator/Nondiscrimination Coordinator