1. 1. If, during an investigation to establish the boundary of a district for remediation, development of a plan for remediation or the carrying out of the plan, the board acquires evidence that a person has caused or contributed to the condition requiring remediation, the board shall provide this evidence to the Division for appropriate action. In addition to any other action authorized by statute, the Department may by legal action recover from the person responsible the costs of remediation incurred by the county or district. Any monetary recovery from the person responsible, excluding any money recovered as a penalty, must be distributed and applied in the following order of priority:

   1. (a) To the Department to pay the costs of recovery and to offset the costs of remediation incurred by the Department; and
   2. (b) To the board to offset the costs of remediation incurred by the county or district.
2. 2. Any recovery distributed to the board must be used to reduce the fee or tax or to defray any increase in the fee or tax that would otherwise be charged against the parcels or properties within the district, as determined by the board.
3. 3. As used in this section, “Department” means the State Department of Conservation and Natural Resources.

(Added to NRS by 1995, 2658; A 1997, 1338)