Designation of district board of health to issue permits to operate water system; periodic review; deficiencies; revocation of designation

1. The Administrator of the Division may, in accordance with the regulations adopted by the Commission pursuant to NRS 445A.860, designate a district board of health of a health district to issue permits pursuant to NRS 445A.860 or 445A.885 or administer and enforce any of the provisions of NRS 445A.800 to 445A.955, inclusive, and any regulations adopted pursuant thereto, or to administer and enforce limited provisions of NRS 445A.800 to 445A.955, inclusive, and any regulations adopted pursuant thereto, if the district board of health: (a) Applies to the Administrator for such a designation; and (b) Demonstrates that the district board is capable of issuing permits or administering and enforcing the provisions or limited provisions of NRS 445A.800 to 445A.955, inclusive, and any regulations adopted pursuant thereto, as applicable, as determined by the Administrator. 2. If the Administrator designates a district board of health pursuant to subsection 1, the Division shall periodically review the activities of the district board of health to evaluate the continued capability of the district board of health to issue permits pursuant to NRS 445A.860 or 445A.885, administer and enforce any of the provisions of NRS 445A.800 to 445A.955, inclusive, and any regulations adopted pursuant thereto, or to administer and enforce limited provisions of NRS 445A.800 to 445A.955, inclusive, and any regulations adopted pursuant thereto, as applicable. 3. If, following a review of the capability of a district board of health by the Division pursuant to subsection 2, the Administrator determines that the district board of health is not capable, the Administrator shall provide written notice of a deficiency by certified mail to the district board of health of this determination. If the deficiency identified in the written notice: (a) Does not present an imminent or substantial hazard to public health, safety or the environment, as determined by the Administrator, the written notice must set forth a date by which the district board of health must correct the deficiency, which must be not less than 60 days after the date the notice was mailed to the district board of health and may be extended by mutual agreement of the Administrator and the district board of health. If the district board of health fails to correct the deficiency, the Administrator may issue an order revoking the designation of the district board of health. (b) Presents an imminent or substantial hazard to public health, safety or the environment, as determined by the Administrator, the Administrator may issue an order revoking the designation of the district board of health. A revocation issued pursuant to this paragraph is effective immediately. Notice of the order revoking the designation must be provided to the district board of health by certified mail and must set forth the date on which the designation is revoked. The district board of health may petition the State Environmental Commission for a hearing on the revocation. Such a petition must be received not more than 30 days after the date on which the designation was revoked. If the district board of health does not petition the Commission for a hearing, the decision to revoke the designation is not subject to additional review.