Nye County adopts ordinance to regulate hazardous substances, imposes one‑year moratorium on new permits

Nye County adopted an ordinance aimed at tightening controls on facilities that handle, process or store hazardous substances after a public hearing on Dec. 17.

District Attorney Bridal Coetzee, who drafted the bill, told the commission the measure broadly defines hazardous operations and would require applicants to submit environmental impact reports and a licensing application paid for by the operator. She said the ordinance is meant to protect groundwater by applying county rules to the county’s water basin and to give the county time to develop the technical ability to evaluate potential impacts. "We can only control sadly what's in Nye County," Coetzee said, adding the measure includes a moratorium on issuing hazardous‑materials operating permits until Jan. 1, 2026 so the county can build the permitting framework.

Members of the public urged stronger penalties and longer moratoria. Karen Waldman told commissioners that a $1,000 misdemeanor fine is too small to deter damage to the aquifer and asked whether companies would be required to post remediation bonds; she asked, "Where in this ordinance is the inclusion that the entity destroying our water must pay for the damage caused?" (public comment)

Coetzee acknowledged the limit on fines is set by the Nevada Legislature but noted a violation may be charged each day, allowing cumulative penalties: "The only power that the legislature has given to the counties is a misdemeanor violation, with a fine of not greater than 1,000 dollars. That is all we can do... Every day is considered a different violation. So we can stack up these as many as we want." She also explained the legal pitfalls of trying to ban an entire class of uses, saying the county must tie restrictions to demonstrable local environmental concerns to remain defensible in court.

After deliberations and public comment, the board voted to adopt Bill 2024-12. The ordinance establishes licensing, environmental review and a moratorium on new operating permits in the covered basin until 2026, and directs staff to develop implementing regulations and enforcement procedures.

Next steps: the county will begin drafting the permit forms, specifying required impact‑study elements and the inspection and enforcement protocol referenced in the ordinance. The district attorney’s office and county staff said they will hold further technical meetings with water and public‑safety partners to define the required studies and to consider remediation finance mechanisms.