SEC Regulatory Meeting December 9, 2020
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 Location
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| December 9, 2020 9:00 am |
Pursuant to the Governor’s Emergency Directive 006, this meeting will be conducted online and there will be no physical location. Join the meeting: https://call.lifesizecloud.com/5156420 Extension 5156420 Call in by Phone (audio only) United States:+1 (877) 422-8614
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Minutes, Agenda, & Audio
NDEP Regulatory Petition
Permanent Regulation R126-19: Enhanced Administrative Process for NDEP Certification Programs
NDEP is proposing to amend NAC 445A & NAC 459. Nevada Revised Statutes (NRS) 445A and NRS 459 establish the authority of the State Environmental Commission to adopt regulations governing multiple certification programs administered by NDEP. These include Drinking Water Operators & Wastewater Treatment Operators (both programs within NRS 445A), and the Certified Environmental Managers, Underground Storage Tank Testers, and Underground Storage Tank Handlers (all programs within NRS 459 and certified by the Bureau of Corrective Actions). NDEP is proposing to create a new set of regulatory sections to clearly outline the process the agency will follow when implementing existing disciplinary authority and ensure the certified individual subject to the disciplinary action has clear due process and appeal procedures. Additional conforming amendments are included in relevant sections of NAC 445A and NAC 459.
No economic impact will be realized by the public or by the enforcing agency. The proposed amendments do not overlap, duplicate, or conflict with any other state or federal regulations and are not more stringent than what is established by federal law. The proposed amendments do not address fees.
Supporting PDF Documents
- December 30, 2019 — SEC Form 1
- December 30, 2019 — NDEP Draft Regulation
- January 6, 2020 — SEC Small Business Impact Statement
- January 13, 2020 - Workshop Notice & Agenda
- September 17, 2020 - LCB Draft Regulation
- November 3, 2020 - Public Notice
- November 12, 2020 - Workshop Summary
- November 12, 2020 - Second Workshop Notice & Agenda
- November 30, 2020 - Process Flow Chart
- November 30, 2020 - Grounds for Disciplinary Procedure Excerpt
- December 3, 2020 - Second Workshop Summary
- December 10, 2020 - Informational Statement
- December 29, 2020 - Secretary of State Filing Form
- December 29, 2020 - LCB Cover Letter for Permanent Regulation
- December 29, 2020 - Permanent Regulation
- January 5, 2021 - State Library Transmittal Letter
Penalty Assessments
Cemex Construction Materials Pacific, LLC — NOAV No. 2788
Alleged failure to construct or operate a stationary source in accordance with any condition of an operating permit, in violation of Class II Air Quality Operating Permit AP1442-3826.
Recommendation: Approve NDEP-recommended penalty for Cemex Construction Materials Pacific, LLC in the amount of $25,620.00 for NOAV No. 2788, or take other action as appropriate.
Tahoe Western Asphalt, LLC - NOAV Nos. 2783, 2784, and 2786
Alleged failures to construct or operate a stationary source in accordance with any condition of an operating permit, in violation of Class II Air Quality Operating Permit 1611-3748 (FIN A1969).
Recommendation: Approve NDEP-recommended penalties for Tahoe Western Asphalt, LLC in the amounts of $870.00 for NOAV No. 2783, $117,450.00 for NOAV No. 2784, and $10,000.00 for NOAV No. 2786, totaling $128,320.00, or take other action as appropriate.
NDEP NOAV Nos. 2783, 2784, & 2786
SEC Notice of NDEP-Recommended Penalties
