[Rev. 2/11/2014 12:53:27 PM]

[NAC-590 Revised Date: 1-14]

CHAPTER 590 - MOTOR VEHICLE FUEL, PETROLEUM PRODUCTS AND ANTIFREEZE

ANTIFREEZE

590.010            Adoption by reference of specifications for antifreeze; additional specifications.

590.015            Inspection fee.

590.020            Prohibited acts.

590.030            Adoption by reference of standards for prediluted antifreeze.

590.035            Availability of Volume 15.05, “Engine Coolants,” of 2001 Annual Book of ASTM Standards.

FUELS

590.041            “Gallon” defined.

590.045            Availability of copies of standards adopted by reference.

590.050            Diesel fuel oils: Adoption by reference of standard specifications; posting of grade.

590.051            Biodiesel and diesel fuel: Adoption by reference of standards; requirements for certain biodiesel fuel blends.

590.052            Fuel methanol: Adoption by reference of standard specifications.

590.053            Ethanol fuel blends: Adoption by reference of standard specifications.

590.054            Chemical composition of gases by mass spectrometry: Adoption by reference of standard test method; restrictions on hydrogen sold or supplied in State.

590.055            Aviation fuel: Adoption by reference of specifications.

590.059            Motor vehicle fuel: Posting of octane rating number on pump or other device; required accuracy of rating number; posting of label indicating that fuel contains manganese.

590.061            Gasoline: Adoption by reference of antiknock index for testing octane rating; determination of octane rating number; proof of transfer of fuel.

590.065            Gasoline: Adoption by reference of standard specifications; limitations on vapor pressure; minimum temperatures for vapor lock; limitations on contents.

590.066            Gasoline: Request for variance from compliance with motor vehicle fuel standards.

590.070            Administrative penalties for sale of nonconforming fuel.

LIQUEFIED PETROLEUM GAS

General Provisions

590.100            Definitions.

590.110            “Approved” defined.

590.120            “Board” defined.

590.130            “Building” defined.

590.140            “Container” defined.

590.150            “Cylinder” defined.

590.160            “LP gas” defined.

590.190            “Property line” defined.

Licensing and Practice

590.235            Unlicensed installation, facility or service: Operation or supply unlawful; recovery of license fees and investigative costs and imposition of penalty fees.

590.240            Fees; reduction in certain fees for holder of multiple classifications at same location.

590.241            Payment of charges billed to licensee by Board; resolution of disputed charges.

590.243            Period of validity of license.

590.245            Renewal of expired license; fees.

590.250            Plans required to be submitted with application for class 1, 2, 4 or 5 license; approval of plans.

590.253            Qualified persons: Connection with or employment by licensee or applicant required for issuance or renewal of certain licenses; performance of safety sensitive functions.

590.260            Residence.

590.270            Insurance.

590.280            Holder of class 1A, 1B or 2A license: Disclosure of information; notification of new customer by licensee.

590.290            Holder of class 1 or class 2 license: Provision of certain information and notice; response to certain requests.

590.311            Certificate of competency: Types.

590.315            Certificate of competency: Application; reexamination without additional fee; additional certificate of competency without additional fee.

590.320            Certificate of competency: Examination of applicant or holder; waiver of examination.

590.340            Certificate of competency: Issuance.

590.350            Certificate of competency: Expiration.

590.360            Certificate of competency: Renewal.

590.365            Certificate of competency: Approval of courses for continuing education.

590.380            Certificate of competency: Lapse; suspension; revocation; reapplication.

Installations

590.450            Installation for dispensing LP gas for resale.

590.452            Installation and modification of LP gas equipment.

590.454            Installation for dispensing LP gas.

590.456            Installation of cabinet for LP gas cylinder exchange.

590.460            Installation of tanks.

590.480            Installation of underground tank; removal of abandoned tank.

590.500            Transfer of gas.

590.520            Reports of accidents.

590.530            Condemnation of installations.

Containers

590.550            Maintenance of access.

590.560            Disconnection from service; removal at request of customer; licensee prohibited from charging fee solely for termination of service by customer.

Regulations Adopted by Reference

590.600            Adoption by reference of regulations for liquefied petroleum gas.

590.610            Adoption by reference of regulations for fuel gas.

590.615            Adoption by reference of regulations for use of flame effects before audience.

590.620            Adoption by reference of regulations for manufactured home installations, sites and communities.

590.640            Adoption by reference of regulations for recreational vehicles.

Administrative Proceedings

590.644            Definitions.

590.646            Limitation on time for filing complaint against licensee or request for mediation.

590.647            Staff: Logging and recording of certain records.

590.648            Confidentiality of certain documents and information

590.650            Filing of accusation against licensee; resolution of matter.

590.654            Informal complaint: Filing and processing; notification of licensee; response; review and investigation; production and copying of records and other evidence.

590.657            Procedure following investigation of informal complaint; notice of hearing and formal complaint; answer.

590.660            Joining of formal complaints.

590.664            Exchange of copies of documents and lists of witnesses.

590.667            Discovery.

590.670            Prehearing conference; orders and rulings on preliminary matters.

590.674            Motions.

590.677            Hearings: Procedure; documents included in record; posthearing briefs.

590.680            Hearings: Appearance and representation of parties.

590.684            Disciplinary proceedings: Grounds for discipline.

590.687            Disciplinary proceedings: Final order or decision of Board.

590.690            Board authorized to recover investigative costs and impose penalty fees for violation of NRS 590.535.

CLEANUP OF DISCHARGED PETROLEUM

590.700            Definitions.

590.710            Interpretation of certain statutory terms.

590.714            Designation as “small business.”

590.720            Adoption by reference of certain provisions of Code of Federal Regulations and International Fire Code.

590.730            Annual fee and application for registration of storage tank; letter of coverage.

590.740            Testing and inspection of storage tanks.

590.750            Financial responsibility of operators.

590.760            Discharges: Duties of operators.

590.765            Operator to notify Division of civil action for damages; submission of order of judgment or settlement agreement required for payment from Fund.

590.770            Discharges: Authority of Administrator of Division.

590.774            Factors considered in determining necessity for cleanup of discharge from certain storage tanks.

590.780            Form of claim for reimbursement; time limitations for filing claims for reimbursement; payment to operator, vendor or contractor; payment required of operator; payment of per diem allowance and travel expenses.

590.790            Severability of provisions.

FEE FOR CERTAIN FUELS AND HEATING OIL

590.800            Payment by dealers and suppliers.

590.810            Provision of refund or credit for exportation.

 

ANTIFREEZE

      NAC 590.010  Adoption by reference of specifications for antifreeze; additional specifications. (NRS 590.400)  Except as otherwise provided in NAC 590.030:

     1.  The specifications for antifreeze based on ethylene glycol and the specifications for antifreeze based on propylene glycol contained in Volume 15.05, “Engine Coolants,” of the 2001 Annual Book of ASTM Standards, ASTM designation D3306-00a, are hereby adopted by reference.

     2.  The chemical and physical properties of any antifreeze other than those classified in subsection 1 must be:

 

     Water, mass %.............................................

                                                            5 max

     Specific gravity 60°F/60°F..........................     

                                                  1.11 to 1.15

     pH (33% by volume) 7.5 to 11...................

                                                       7.5 to 11

     Equilibrium boiling point............................

                                                     300°F min

     Freezing point, 50% by volume..................

                                                     -34°F max

     Foaming test

 

          Increase in volume at 5 minutes.............

                                                   150 ml max

     Break time...................................................

                                                      5 sec max

 

     3.  In addition to the properties listed in subsection 2, any antifreeze other than those classified in subsection 1 must meet the following specifications for corrosion (loss of weight per specimen):

 

     Copper.........................................................

                                                    10 mg max

     Solder..........................................................

                                                    20 mg max

     Brass............................................................

                                                    10 mg max

     Steel.............................................................

                                                    10 mg max

     Cast iron......................................................

                                                    10 mg max

     Aluminum....................................................

                                                    30 mg max

 

     4.  Any other test method may be used if the State Sealer of Consumer Equitability determines that another method produces results equivalent to the results of the specified method. A method approved by ASTM International that has not yet been published shall be deemed to meet the appropriate criteria.

     [Dep’t of Agriculture, No. 90.30, eff. 5-1-73]—(NAC A 3-17-86; 8-9-94; A by St. Sealer of Weights & Measures by R149-98, 12-14-98; R200-01, 5-31-2002)

      NAC 590.015  Inspection fee. (NRS 590.380)  A manufacturer, packer, seller or distributor of antifreeze shall pay an inspection fee of $50 for each brand of antifreeze submitted to the State Sealer of Consumer Equitability for inspection pursuant to NRS 590.380.

     (Added NAC by Bd. of Agriculture by R097-99, 12-10-99, eff. 1-1-2000)

      NAC 590.020  Prohibited acts. (NRS 590.400)  A person shall not sell or distribute an antifreeze that is not based on glycols for use in an internal combustion engine.

     [Dep’t of Agriculture, No. 90.31, eff. 5-1-73]—(NAC A 3-17-86; 8-9-94)

      NAC 590.030  Adoption by reference of standards for prediluted antifreeze. (NRS 590.400)

     1.  The minimum standards of chemical and physical properties for an antifreeze which:

     (a) Is labeled as prediluted antifreeze; and

     (b) Displays prominently on the front label the words “DO NOT ADD WATER,”

Ê contained in Volume 15.05, “Engine Coolants,” of the 2001 Annual Book of ASTM Standards, ASTM designation D3306-00a, are hereby adopted by reference.

     2.  Any other test method may be used if the State Sealer of Consumer Equitability determines that another method produces results equivalent to the results of the specified method. A method approved by ASTM International that has not yet been published shall be deemed to meet the appropriate criteria.

     [Dep’t of Agriculture, No. 90.32, eff. 5-1-73]—(NAC A 8-9-94; A by St. Sealer of Weights & Measures by R149-98, 12-14-98; R200-01, 5-31-2002)

      NAC 590.035  Availability of Volume 15.05, “Engine Coolants,” of 2001 Annual Book of ASTM Standards. (NRS 590.400)  Volume 15.05, “Engine Coolants,” of the 2001 Annual Book of ASTM Standards, is available for inspection at the office of the State Department of Agriculture, 350 Capitol Hill Avenue, Reno, Nevada 89502. The volume may be purchased at a cost of $140 from ASTM International, 100 Barr Harbor Drive, West Conshohocken, Pennsylvania 19428.

     (Added to NAC by Bd. of Agriculture, eff. 8-9-94; A by St. Sealer of Weights & Measures by R149-98, 12-14-98; R200-01, 5-31-2002)

FUELS

      NAC 590.041  “Gallon” defined. (NRS 590.070)  As used in NAC 590.041 to 590.070, inclusive, unless the context otherwise requires, “gallon” means 231 cubic inches.

     (Added to NAC by Dep’t of Agriculture, eff. 3-27-92; A by Bd. of Agriculture, 11-18-93; R145-98, 12-14-98; R064-01, 12-17-2001; R010-09, 10-27-2009)

      NAC 590.045  Availability of copies of standards adopted by reference. (NRS 590.070, 590.073, 590.100)  A copy of each standard adopted by reference pursuant to NAC 590.041 to 590.070, inclusive, is available for inspection at the offices of the State Department of Agriculture located at 405 South 21st Street, Sparks, Nevada 89431, and 2300 McLeod Street, Las Vegas, Nevada 89104.

     (Added to NAC by St. Sealer of Weights & Measures, eff. 3-5-90; A by Dep’t of Agriculture, 3-27-92; A by St. Sealer of Weights & Measures, 11-18-93; A by Bd. of Agriculture, 8-9-94; R145-98, 12-14-98; A by St. Sealer of Weights & Measures by R149-98, 12-14-98; A by Bd. of Agriculture by R176-01, 5-31-2002; R106-10, 2-20-2013)

      NAC 590.050  Diesel fuel oils: Adoption by reference of standard specifications; posting of grade. (NRS 590.070, 590.100)

     1.  Except as otherwise provided in subsection 2, the State Board of Agriculture hereby adopts by reference ASTM D975, “Standard Specification for Diesel Fuel Oils,” contained in Volume 05.01, “Petroleum Products and Lubricants,” of the 2010 Annual Book of ASTM Standards published by ASTM International. Each new revision of that standard shall be deemed approved by the Board unless the revision is disapproved by the Board or its designee within 120 days after the date of publication of the revision by ASTM International. A copy of the standard is available for inspection pursuant to NAC 590.045 and may be purchased from ASTM International, 100 Barr Harbor Drive, West Conshohocken, Pennsylvania 19428-2959, or at the Internet address http://www.astm.org, for the price of $59.

     2.  The flash point for No. 2 diesel fuel oil must not be lower than 37.8 degrees Celsius (100 degrees Fahrenheit) when the No. 2 diesel fuel oil has been treated to prevent gelling and the No. 2 diesel fuel oil has been labeled “winterized.”

     3.  The grade assigned by ASTM International for diesel fuel oil:

     (a) Dispensed from a pump or other device for dispensing the diesel fuel oil must be posted on that pump or device.

     (b) Transported or stored in a vehicle which is used for the delivery of diesel fuel oil must be posted on the label of that vehicle as required pursuant to NRS 590.040.

     4.  Any other test method may be used if the State Sealer of Consumer Equitability determines that another method produces results equivalent to the results of the specified method. A method approved by ASTM International that has not yet been published shall be deemed to meet the appropriate criteria.

     (Added to NAC by Dep’t of Agriculture, eff. 12-9-81; A by St. Sealer of Weights & Measures, 3-5-90; A by Dep’t of Agriculture, 3-27-92; A by Bd. of Agriculture, 11-18-93; R145-98, 12-14-98; R176-01, 5-31-2002; R106-10, 2-20-2013)

      NAC 590.051  Biodiesel and diesel fuel: Adoption by reference of standards; requirements for certain biodiesel fuel blends. (NRS 590.070, 590.100)

     1.  Except as otherwise provided in this section, the State Board of Agriculture hereby adopts by reference the following standards for biodiesel and diesel fuel set forth in Volumes 05.01, 05.03 and 05.04, “Petroleum Products and Lubricants,” of

the 2010 Annual Book of ASTM Standards published by ASTM International:

     (a) ASTM D6751, “Standard Specification for Biodiesel Fuel Blend Stock (B100) for Middle Distillate Fuels”;

     (b) ASTM D7467, “Standard Specification for Diesel Fuel Oil, Biodiesel Blend (B6 to B20)”; and

     (c) ASTM D975, “Standard Specification for Diesel Fuel Oils.”

Ê Each new revision of those standards shall be deemed approved by the Board unless the revision is disapproved by the Board or its designee within 120 days after the date of publication of the revision by ASTM International. Each standard is available for inspection pursuant to NAC 590.045 and may be purchased from ASTM International, 100 Barr Harbor Drive, West Conshohocken, Pennsylvania 19428, or at the Internet address http://www.astm.org. The price of ASTM D6751 is $41, the price of ASTM D7467 is $47 and the price of ASTM D975 is $59.

     2.  The ratio for biodiesel fuel blended in accordance with ASTM D7467 must be not less than 6 percent but not more than 20 percent by volume of biodiesel fuel which complies with the specifications for feedstock and composition set forth in ASTM D6751. The remainder of the biodiesel blend which contains not less than 6 percent but not more than 20 percent by volume of biodiesel fuel must comply with the requirements for diesel fuel set forth in NAC 590.050.

     3.  Biodiesel fuel blends which contain not more than 5 percent by volume of biodiesel fuel must comply with the requirements for diesel fuel set forth in NAC 590.050.

     (Added to NAC by Bd. of Agriculture by R064-01, eff. 12-17-2001; A by R209-08, 1-28-2010; R106-10, 2-20-2013)

      NAC 590.052  Fuel methanol: Adoption by reference of standard specifications. (NRS 590.070, 590.100)

     1.  The State Board of Agriculture hereby adopts by reference ASTM D5797, “Standard Specification for Fuel Methanol (M70-M85) for Automotive Spark-Ignition Engines,” as set forth in Volume 05.02, “Petroleum Products and Lubricants,” of the 2010 Annual Book of ASTM Standards published by ASTM International. Each new revision of that standard shall be deemed approved by the Board unless the revision is disapproved by the Board or its designee within 120 days after the date of publication of the revision by ASTM International.

     2.  The standard is available for inspection pursuant to NAC 590.045 and may be purchased from ASTM International, 100 Barr Harbor Drive, West Conshohocken, Pennsylvania 19428-2959, or at the Internet address http://www.astm.org, for the price of $47.

     (Added to NAC by Bd. of Agriculture by R064-01, eff. 12-17-2001; A by R106-10, 2-20-2013)

      NAC 590.053  Ethanol fuel blends: Adoption by reference of standard specifications. (NRS 590.070, 590.100)

     1.  The State Board of Agriculture hereby adopts by reference ASTM D5798, “Standard Specification for Ethanol Fuel Blends for Flexible-Fuel Automotive Spark-Ignition Engines,” set forth in Volume 05.02, “Petroleum Products and Lubricants,” of the 2010 Annual Book of ASTM Standards published by ASTM International. Each new revision of that standard shall be deemed approved by the Board unless the revision is disapproved by the Board or its designee within 120 days after the date of publication of the revision by ASTM International.

     2.  The standard is available for inspection pursuant to NAC 590.045 and may be purchased from ASTM International, 100 Barr Harbor Drive, West Conshohocken, Pennsylvania 19428-2959, or at the Internet address http://www.astm.org, for the price of $41.

     (Added to NAC by Bd. of Agriculture by R064-01, eff. 12-17-2001; A by R106-10, 2-20-2013)

      NAC 590.054  Chemical composition of gases by mass spectrometry: Adoption by reference of standard test method; restrictions on hydrogen sold or supplied in State. (NRS 590.070, 590.100)

     1.  The State Board of Agriculture hereby adopts by reference ASTM D2650, “Standard Test Method for Chemical Composition of Gases By Mass Spectrometry,” set forth in Volume 05.01, “Petroleum Products and Lubricants,” of the 2010 Annual Book of ASTM Standards published by ASTM International. Each new revision of that standard shall be deemed approved by the Board unless the revision is disapproved by the Board or its designee within 120 days after the date of publication of the revision by ASTM International. The standard is available for inspection pursuant to NAC 590.045 and may be purchased from ASTM International, 100 Barr Harbor Drive, West Conshohocken, Pennsylvania 19428-2959, or at the Internet address http://www.astm.org, for the price of $41.

     2.  A person shall not sell, offer for sale, supply or offer to supply in this State any hydrogen that is intended for use in a vehicle if the hydrogen, after it is analyzed in accordance with ASTM D2650, contains:

     (a) Less than 98 percent per mole of hydrogen;

     (b) Less than 99.9 percent per mole of any combination of hydrogen, water and oxygen; or

     (c) More than 0.01 percent per mole of total hydrocarbons.

     3.  Any hydrogen specified in subsection 2 must not contain any dust, sand, dirt, gum, oil or other substance in an amount which may damage any equipment located at a fueling station or a vehicle being fueled at that station. If the hydrogen is introduced in gaseous form into a vehicle’s system for storing fuel, the hydrogen under ambient conditions must have a distinctive odor which may be detected in a concentration in air of not more than one-fifth of the lower limit of flammability.

     (Added to NAC by Bd. of Agriculture by R064-01, eff. 12-17-2001; A by R106-10, 2-20-2013)

      NAC 590.055  Aviation fuel: Adoption by reference of specifications. (NRS 590.073, 590.100)

     1.  The State Sealer of Consumer Equitability hereby adopts by reference the specifications for aviation fuel contained in Volume 05.01, “Petroleum Products and Lubricants (I),” of the 2002 Annual Book of ASTM Standards, ASTM designations D910-00 and D1655-01.

     2.  Any other test method may be used if the State Sealer of Consumer Equitability determines that another method produces results equivalent to the results of the specified method. A method approved by ASTM International that has not yet been published shall be deemed to meet the appropriate criteria.

     (Added to NAC by St. Sealer of Weights & Measures, eff. 3-5-90; A 11-18-93; R149-98, 12-14-98; R200-01, 5-31-2002)

      NAC 590.059  Motor vehicle fuel: Posting of octane rating number on pump or other device; required accuracy of rating number; posting of label indicating that fuel contains manganese. (NRS 590.070, 590.100)

     1.  The octane rating number of the motor vehicle fuel from the proof of transfer must be posted on the pump or other device for dispensing the motor vehicle fuel.

     2.  The octane rating number of the product that is in the pump or other device for dispensing motor vehicle fuel must not be lower than the octane rating that is posted on the pump or device.

     3.  In addition to the requirements set forth in subsections 1 and 2, any person who sells motor vehicle fuel at retail shall, if the motor vehicle fuel contains manganese or any compound containing manganese, including, without limitation, MMT, post on the pump or other device for dispensing the motor vehicle fuel a label which:

     (a) Meets the requirements of subsections 4 and 6;

     (b) Is affixed during any period required by subsection 5; and

     (c) Includes the following language:

 

WARNING: Read label before dispensing fuel.

Motor vehicle fuel contains manganese, manganese compound or MMT.

Recommend vehicle operator consult owner’s manual before using this motor fuel.

 

     4.  The label required pursuant to subsection 3 must:

     (a) Be legible and conspicuous;

     (b) Be at least as large as 4 inches wide by 4 inches long;

     (c) Consist of black ink on a background that is white; and

     (d) Be written in at least 12-point font.

     5.  The label required pursuant to subsection 3 must be affixed to the applicable pump or other device for dispensing motor vehicle fuel in the manner described in subsection 6:

     (a) At the time motor vehicle fuel containing manganese or any compound containing manganese, including, without limitation, MMT, is loaded into or otherwise placed in a storage tank from which the pump or other device for dispensing motor vehicle fuel draws its supply of fuel, and before the pump or other device for dispensing motor vehicle fuel may be used to dispense such fuel;

     (b) For 6 months immediately after the time specified in paragraph (a); and

     (c) For an additional 6 months immediately after any subsequent instance in which motor vehicle fuel containing manganese or any compound containing manganese, including, without limitation, MMT, is loaded into or otherwise placed in a storage tank from which the pump or other device for dispensing motor vehicle fuel draws its supply of fuel.

     6.  The label required pursuant to subsection 3 must, during any period specified in subsection 5, be affixed:

     (a) To the exterior of each side of the pump or other device for dispensing motor vehicle fuel from which a consumer may dispense the fuel; and

     (b) In a manner that is conspicuous and readily observable by the consumer.

     7.  The labels described in subsections 3 to 6, inclusive, may be obtained free of charge from the Division of Consumer Equitability of the State Department of Agriculture, 2150 Frazer Avenue, Sparks, Nevada 89431.

     8.  As used in this section, “MMT” means methylcyclopentadienyl manganese tricarbonyl.

     (Added to NAC by St. Sealer of Weights & Measures, eff. 10-23-91; A by Bd. of Agriculture, 2-20-96; R189-12, 12-23-2013, eff. 1-1-2014)

      NAC 590.061  Gasoline: Adoption by reference of antiknock index for testing octane rating; determination of octane rating number; proof of transfer of fuel. (NRS 590.070, 590.100)

     1.  The State Board of Agriculture hereby adopts by reference the antiknock index for testing the octane rating of gasoline that is defined in ASTM D4814, “Standard Specification for Automotive Spark-Ignition Engine Fuel,” adopted by reference pursuant to NAC 590.065.

     2.  Gasoline that is brought into this State for delivery to a person in this State must have an octane rating number which is determined by the antiknock index method described in subsection 1.

     3.  A person who transfers fuel to a person in this State, other than the consumer of the fuel, shall provide a proof of transfer to the person receiving the fuel. The proof of transfer must be:

     (a) A delivery ticket;

     (b) An invoice;

     (c) A bill of lading;

     (d) A bill of sale;

     (e) A terminal ticket; or

     (f) Any other proof of transfer that is approved by the State Board of Agriculture.

     4.  The proof of transfer must contain:

     (a) The name of the person making the transfer;

     (b) The name of the person to whom the fuel is transferred;

     (c) The date of the transfer; and

     (d) If the fuel is gasoline, the octane rating number of the gasoline.

     5.  The person receiving the fuel must keep a copy of the proof of transfer at the location at which the fuel was received for not less than 30 days after the date of the delivery of the fuel. After that period, the proof of transfer must be retained at any location for not less than 1 year after the date of the delivery of the fuel and be made available to the State Department of Agriculture upon request.

     6.  Any other test method may be used if the State Sealer of Consumer Equitability determines that another method produces results equivalent to the results of the specified method. A method approved by ASTM International that has not yet been published shall be deemed to meet the appropriate criteria.

     (Added to NAC by St. Sealer of Weights & Measures, eff. 10-23-91; A 11-18-93; A by Bd. of Agriculture by R145-98, 12-14-98; R176-01, 5-31-2002; R106-10, 2-20-2013)

      NAC 590.065  Gasoline: Adoption by reference of standard specifications; limitations on vapor pressure; minimum temperatures for vapor lock; limitations on contents. (NRS 561.105, 590.070)

     1.  Except as otherwise provided in this section, the State Board of Agriculture hereby adopts by reference ASTM D4814, “Standard Specification for Automotive Spark-Ignition Engine Fuel,” contained in Volume 05.02, “Petroleum Products and Lubricants,” of the 2010 Annual Book of ASTM Standards published by ASTM International. Each new revision of that standard shall be deemed approved by the Board unless the revision is disapproved by the Board or its designee within 120 days after the date of publication of the revision by ASTM International. The standard is available for inspection pursuant to NAC 590.045 and may be purchased from ASTM International, 100 Barr Harbor Drive, West Conshohocken, Pennsylvania 19428-2959, or at the Internet address http://www.astm.org, for the price of $59.

     2.  Notwithstanding the provisions of Table 4 (“Schedule of Seasonal and Geographical Volatility Classes”) of ASTM D4814 that apply to this State, the schedule that is designated in Table 4 for the area of this State that lies north of the 38th degree of north latitude applies to the entire area of this State unless the United States Environmental Protection Agency requires a county to comply with a different requirement relating to vapor pressure.

     3.  Except as otherwise provided in subsection 5, gasoline:

     (a) Sold between June 1 and September 15 of each calendar year containing:

          (1) Not less than 9 percent ethanol by volume and not more than 10 percent ethanol by volume must not exceed the limits for vapor pressure set forth in ASTM D4814 by more than 1 pound per square inch.

          (2) Less than 9 percent ethanol by volume must not exceed the limits specified in ASTM D4814.

     (b) Sold during any other period in a calendar year containing not more than 10 percent ethanol by volume must not exceed the limits specified in ASTM D4814 by more than 1 pound per square inch.

     4.  Until May 1, 2012, or until ASTM D4814 is amended to incorporate changes to the minimum temperature for vapor lock for the following classes to include the effects of volatility of not more than 10 percent of ethanol by volume, whichever occurs first, the minimum temperature for a vapor-liquid ratio of 20 for the applicable class of vapor lock protection for a blend of gasoline and ethanol is:

     (a) For class 1, 54 degrees Centigrade (129 degrees Fahrenheit).

     (b) For class 2, 50 degrees Centigrade (122 degrees Fahrenheit).

     (c) For class 3, 47 degrees Centigrade (116 degrees Fahrenheit).

     (d) For class 4, 41.5 degrees Centigrade (107 degrees Fahrenheit).

     (e) For class 5, 39 degrees Centigrade (102 degrees Fahrenheit).

     (f) For class 6, 35 degrees Centigrade (95 degrees Fahrenheit).

Ê Gasoline and any blend of gasoline and ethanol that is sold in the area of this State which is east of the 117th degree of west longitude and north of the 38th degree of north latitude must meet the minimum temperatures for vapor lock protection set forth in ASTM D4814.

     5.  Gasoline and any blend of gasoline and ethanol sold in Clark County between October 1 and the following March 31 must not exceed a vapor pressure of 13.5 pounds per square inch.

     6.  A person shall not sell, offer for sale, supply or offer to supply in this State any gasoline intended for use in a vehicle which is primarily driven on a highway if:

     (a) It contains more than 0.05 gram of lead per gallon;

     (b) It contains more than 0.005 gram of phosphorus per gallon;

     (c) It contains more than 10 percent ethanol by volume; or

     (d) It contains more than 95 parts per million of sulfur.

     7.  Any other test method may be used if the State Sealer of Consumer Equitability determines that another method produces results equivalent to the results of the specified method. A method approved by ASTM International that has not yet been published shall be deemed to meet the appropriate criteria.

     (Added to NAC by Bd. of Agriculture, eff. 3-5-90; A by Dep’t of Agriculture, 3-27-92; A by Bd. of Agriculture, 11-18-93; 11-2-94; 2-20-96; 10-22-97; R145-98, 12-14-98; R176-01, 5-31-2002; R002-04, 9-21-2004; R111-08, 1-28-2010; R032-10, 6-30-2010; R106-10, 2-20-2013)

      NAC 590.066  Gasoline: Request for variance from compliance with motor vehicle fuel standards. (NRS 590.070)

     1.  Except as otherwise provided in subsection 6, a supplier may submit a request to the Director of the State Department of Agriculture or the Director’s designee for a variance of not more than 30 days to supply motor vehicle fuel that does not meet the standards set forth in NAC 590.065 if the supplier demonstrates that a disruption in supply exists or is imminent.

     2.  If a supplier requests a variance pursuant to subsection 1, the supplier shall provide the following information in writing to the Director or the Director’s designee:

     (a) The specific supply conditions that may result in a shortage of motor vehicle fuel, without disclosing any proprietary information of the supplier;

     (b) The specific geographic area to which the variance will apply;

     (c) The period for which the variance will be in effect; and

     (d) The type of motor vehicle fuel proposed for distribution or sale.

     3.  The Director or the Director’s designee shall notify:

     (a) The supplier in writing within 24 hours after receipt of the request for a variance as to whether the request is granted, unless otherwise agreed upon by both parties. Approval of a variance must be based on information which demonstrates that a disruption in supply exists or is imminent, and such approval is applicable to all suppliers within the specified geographic area for the approved period.

     (b) The Motor Carrier Division of the Department of Motor Vehicles and other interested parties of any variance granted by the State Department of Agriculture. A list of interested parties must be kept on file by the State Department of Agriculture.

     4.  The Director or the Director’s designee may authorize an extension of a variance approved pursuant to this section, not to exceed 30 days, if the supplier demonstrates in writing that the conditions identified in the initial request continue to exist.

     5.  Except as otherwise provided in NRS 239.010, the Director or the Director’s designee shall keep confidential any proprietary or competitively sensitive information specific to the supplier which the Director or the Director’s designee acquires during the process of granting or denying a variance pursuant to this section and shall not disclose the information to the public or any other state agency or entity.

     6.  A variance may not be granted pursuant to this section if the motor vehicle fuel is to be sold in a geographic area for which fuel specifications are prescribed in the State Implementation Plan.

     7.  Approval of a variance by the Director or the Director’s designee does not waive the reporting requirements or any applicable taxes and fees pursuant to chapters 360A, 365, 366, 373 and 590 of NRS.

     8.  As used in this section:

     (a) “Disruption in supply” means an unusual condition, either natural or man-made, that may impede the production, transportation, distribution or sale of motor vehicle fuel which meets the standards set forth in NAC 590.065 in sufficient quantity to meet sustainable demands.

     (b) “State Implementation Plan” has the meaning ascribed to it in NAC 486A.125.

     (c) “Supplier” has the meaning ascribed to it in NRS 365.084.

     (Added to NAC by Bd. of Agriculture by R010-09, eff. 10-27-2009)

      NAC 590.070  Administrative penalties for sale of nonconforming fuel. (NRS 590.070, 590.071)  For any violation of the provisions of NRS 590.070, including any violation of standards relating to diesel fuel, the State Board of Agriculture may:

     1.  For the first violation, issue a written warning, impose a fine of not more than $2,000 for each day the violation continues, or issue a warning and impose a fine.

     2.  For the second violation, impose a fine of not more than $3,500 for each day the violation continues.

     3.  For the third or subsequent violation, impose a fine of not more than $5,000 for each day the violation continues.

     (Added to NAC by Bd. of Agriculture, eff. 3-5-90; A 11-2-92)

LIQUEFIED PETROLEUM GAS

General Provisions

      NAC 590.100  Definitions. (NRS 590.505)  As used in NAC 590.100 to 590.690, inclusive, unless the context otherwise requires, the words and terms defined in NAC 590.110 to 590.190, inclusive, have the meanings ascribed to them in those sections.

     (Supplied in codification; A by Bd. for Reg. of Liquefied Petrol. Gas, 7-19-90; 5-27-92; R141-01, 7-30-2002; R014-03, 2-18-2004; R148-05, 2-23-2006)

      NAC 590.110  “Approved” defined. (NRS 590.505)  “Approved” means approval by the Board.

     [Liquefied Petroleum Gas Bd., part Definitions, eff. 5-31-74]

      NAC 590.120  “Board” defined. (NRS 590.505)  “Board” means the Board for the Regulation of Liquefied Petroleum Gas.

     [Liquefied Petroleum Gas Bd., part Definitions, eff. 5-31-74]—(NAC A by Bd. for Reg. of Liquefied Petrol. Gas, 12-23-91; 5-27-92)

      NAC 590.130  “Building” defined. (NRS 590.505)  “Building” means any structure that is used or intended for supporting or sheltering any use or occupancy.

     [Liquefied Petroleum Gas Bd., part Definitions, eff. 5-31-74]—(NAC A by Bd. for Reg. of Liquefied Petrol. Gas, 12-23-91)

      NAC 590.140  “Container” defined. (NRS 590.505)  “Container” has the meaning ascribed to it in Publication 58, Liquefied Petroleum Gas Code, issued by the National Fire Protection Association.

     [Liquefied Petroleum Gas Bd., part Definitions, eff. 5-31-74]—(NAC A by Bd. for Reg. of Liquefied Petrol. Gas, 12-23-91; R014-03, 2-18-2004)

      NAC 590.150  “Cylinder” defined. (NRS 590.505)  “Cylinder” has the meaning ascribed to it in Publication 58, Liquefied Petroleum Gas Code, issued by the National Fire Protection Association.

     [Liquefied Petroleum Gas Bd., part Definitions, eff. 5-31-74]—(NAC A by Bd. for Reg. of Liquefied Petrol. Gas, 12-23-91; R014-03, 2-18-2004)

      NAC 590.160  “LP gas” defined. (NRS 590.505)  “LP gas” has the meaning ascribed to it in subsection 2 of NRS 590.475.

     [Liquefied Petroleum Gas Bd., part Definitions, eff. 5-31-74]—(NAC A by Bd. for Reg. of Liquefied Petrol. Gas, 12-23-91)

      NAC 590.190  “Property line” defined. (NRS 590.505)  “Property line” means a line, imaginary or otherwise, separating a property from that of public or other ownership.

     [Liquefied Petroleum Gas Bd., part Definitions, eff. 5-31-74]

Licensing and Practice

      NAC 590.235  Unlicensed installation, facility or service: Operation or supply unlawful; recovery of license fees and investigative costs and imposition of penalty fees. (NRS 590.505, 590.515, 590.535)

     1.  It is unlawful for a person or business to operate or supply an unlicensed installation, facility or service that is required to be licensed pursuant to NRS 590.535.

     2.  The Board may:

     (a) Recover license fees and investigative costs from, and impose penalty fees on, unlicensed dealers, sellers, installations and facilities.

     (b) Recover investigative costs from and impose penalty fees on a person or business that supplies an unlicensed dealer, seller, installation or facility.

     3.  The license fee recovery is the sum of the current license fee multiplied by the number of years of unlicensed operation. The amount of the penalty fee is the license fee recovery multiplied by five.

     4.  For the purposes of calculating the license fee recovery and penalty fees pursuant to this section, a minimum of 1 day of unlicensed operation is necessary to establish 1 year of unlicensed operation.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas by R148-05, eff. 2-23-2006; A by R073-10, 12-16-2010)

      NAC 590.240  Fees; reduction in certain fees for holder of multiple classifications at same location. (NRS 590.505, 590.515, 590.549)

     1.  Except as otherwise provided in subsection 2, the Board will charge and collect the following fees:

 

          Class 1A:

 

               Fee for an application for a license.....................................................

                              $70

               Annual fee for a license for a dealer who sells or distributes 250,000 gallons or more of LP gas................................................

                              925

               Fee for inspecting each storage tank, plant facility or truck tank......

                              105

          Class 1B:

 

               Fee for an application for a license.....................................................

                                70

               Annual fee for a license for a dealer who sells or distributes less than 250,000 gallons of LP gas.....................................................

                              660

               Fee for inspecting each storage tank, plant facility or truck tank......

                              105

          Class 2A:

 

               Fee for an application for a license.....................................................

                                70

               Annual fee for a license for a business engaged in the delivery of prefilled LP gas exchange cylinders..............................................

                              135

               Fee for inspecting each site for the storage of prefilled cylinders.....

                              105

          Class 2B:

 

               Fee for an application for a license.....................................................

                                70

               Annual fee for a license for a business engaged in the operation of an LP gas cylinder exchange site...................................................

                                65

               Fee for inspecting each site where a cabinet for the storage of cylinders which are available for exchange or sale is located........

                                50

          Class 3A:

 

               Fee for an application for a license.....................................................

                                70

               Annual fee for a license for a business engaged in the installation or repair of LP gas vapor piping, appliances or venting.....................

                              135

          Class 3B:

 

               Fee for an application for a license.....................................................     

                                70

               Annual fee for a license for a business engaged in the installation or repair of LP gas systems installed on recreational vehicles...........     

                              135

          Class 3C:

 

               Fee for an application for a license.....................................................     

                                70

               Annual fee for a license for a business engaged in the installation or repair of LP gas industrial facilities...............................................

                              135

          Class 3D:

 

               Fee for an application for a license.....................................................

                                70

               Annual fee for a license for a business engaged in the installation of LP gas vehicle fuel systems...........................................................

                              135

          Class 3E:

 

               Fee for an application for a license.....................................................

                                70

               Annual fee for a license for a business not engaged in the sale of LP gas but engaged in the sale or installation of gas equipment that the Board determines requires a special license.............................

                              135

          Class 4:

 

               Fee for an application for a license.....................................................

                                70

               Annual fee for a license for a business that operates a dispenser at a fixed location for the resale of propane to the public....................

                              135

               Fee for inspecting each dispensing unit.............................................

                              105

          Class 5:

 

               Fee for an application for a license.....................................................

                                70

               Annual fee for a license for a business engaged in activities relating to LP gas which the Board determines requires a special license..

                              135

               Fee for inspecting each storage tank or vaporizer..............................

                              105

plus any other

 expenses related

 to the inspection.

          Miscellaneous Fees:

 

               Fee for an application for a variance..................................................

                                70

plus any other

 expenses related

 to the variance.

               Fee for an application for a certificate of competency.......................

                                70

               Fee for the issuance or renewal of a certificate of competency.........

                                35

 

     2.  The Board will reduce the license and inspection fees charged to a holder of multiple classifications at the same physical location by 15 percent of the total amount of license and inspection fees that would otherwise be charged to the holder.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas, eff. 12-17-87; A 12-23-91; 12-13-95; R141-01, 7-30-2002; R014-03, 2-18-2004; R148-05, 2-23-2006; R073-10, 12-16-2010)

      NAC 590.241  Payment of charges billed to licensee by Board; resolution of disputed charges. (NRS 590.505, 590.515,

590.605)

     1.  All charges billed to a licensee by the Board are due upon receipt of the bill by the licensee. Except as otherwise provided in subsection 2, if a licensee fails to pay a charge billed to him or her by the Board within 90 days of the date the charge was sent to the licensee by the Board, the Board will suspend the license of the licensee.

     2.  If a licensee disputes a charge billed to him or her by the Board, the licensee may request a hearing before the Board to resolve the charge. The licensee must request the hearing in writing and must cause the request to be received by the Board before the expiration of the 90-day period described in subsection 1. Upon receipt of a request that meets the requirements of this subsection, the Board will schedule a hearing for the licensee at the next available regularly scheduled meeting of the Board and will not suspend the license of the licensee for failure to pay the disputed charge before the date of the hearing. The Board will conduct the hearing in accordance with NAC 590.644 to 590.690, inclusive, as applicable.

     3.  The provisions of this section do not apply to license fees.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas by R148-05, eff. 2-23-2006)

      NAC 590.243  Period of validity of license. (NRS 590.505, 590.515, 590.549)  A license issued pursuant to the provisions of NRS 590.465 to 590.645, inclusive, is valid for 1 year and expires on the last day of the month the license was issued.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas by R148-05, eff. 2-23-2006)

      NAC 590.245  Renewal of expired license; fees. (NRS 590.505, 590.515, 590.549)  The holder of a license who fails to renew the license before the license expires may have his or her license reinstated if, within 30 days after the license expires, the holder of the license pays to the Board an amount equal to 115 percent of the annual fee for the license and a reinstatement fee of $250. If the holder does not have his or her license reinstated within 30 days after it expires, the holder must apply for a new license and pay the fees for the issuance of a new license.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas by R141-01, eff. 7-30-2002)

      NAC 590.250  Plans required to be submitted with application for class 1, 2, 4 or 5 license; approval of plans. (NRS 590.505, 590.515, 590.549)  Detailed plans of the physical properties and facilities of any applicant or licensee must be submitted with each application for a class 1, 2, 4 or 5 license and must be approved by the Board before the commencement of construction or installation of any facilities. When required because of a structural modification of the original design, issues relating to safety, or the application or standards of engineering load practice, such plans must be approved by a professional engineer licensed pursuant to chapter 625 of NRS before they are submitted to the Board.

     [Liquefied Petroleum Gas Bd., part Liquid Gas Reg., eff. 5-31-74]—(NAC A by Bd. for Reg. of Liquefied Petrol. Gas, 12-23-91; 12-13-95; R014-03, 2-18-2004)

      NAC 590.253  Qualified persons: Connection with or employment by licensee or applicant required for issuance or renewal of certain licenses; performance of safety sensitive functions. (NRS 590.505, 590.515)

     1.  The Board will not issue or renew a class 1A, 1B, 2A, 3A, 3B, 3C, 3D or 3E license unless the applicant or licensee establishes that at the time of issuance or renewal of the license at least one qualified person is connected with or employed by the licensee or applicant.

     2.  A licensee who holds a class 1A, 1B, 2A, 3A, 3B, 3C, 3D or 3E license shall allow only a qualified person employed by the licensee to perform safety sensitive functions.

     3.  As used in this section:

     (a) “Qualified person” means a person who holds a certificate of competency which corresponds to the type of work performed by the person.

     (b) “Safety sensitive function” means:

          (1) The delivery of LP gas to a container.

          (2) The manufacture, fabrication, assembly, installation or repair of any system, container, apparatus or appliance for the storage, transportation, dispensation or utilization of LP gas.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas by R073-10, eff. 12-16-2010)

      NAC 590.260  Residence. (NRS 590.505, 590.515)

     1.  Every person licensed under the Nevada Liquefied Petroleum Gas Act, NRS 590.465 to 590.645, inclusive, or in the case of a licensed company or corporation, its authorized manager or agent, shall:

     (a) Maintain an actual bona fide residence within the immediate area or territory of his or her petroleum business and personally be qualified and available to cope with any emergency connected with the business; or

     (b) Have available personnel who are qualified for any emergency within the meaning of the Act.

     2.  Any transfer or change in the residence of the licensee, or the manager or agent of a licensed company or corporation, outside the immediate area of the business must be reported to the Board no later than 10 days after actual removal or transfer from the location or address filed with the Board.

     [Liquefied Petroleum Gas Bd., part Liquid Gas Reg., eff. 5-31-74]

      NAC 590.270  Insurance. (NRS 590.505, 590.515, 590.549)  Licensed firms must have insurance against liability for injury to persons and damage to property. The insurance must be kept and remain in force during the lifetime of the operation. Certificates showing such coverage must be on file in the office of the Board and in the office of the company. No license or renewal of a license will be issued without satisfactory proof of insurance unless the Board agrees to the financial responsibility of the applicant. The certificate can be either forwarded to the Board by the licensee or by the insurance company covering the operation of the licensee before the expiration of his or her license. The licensee must include a proof of insurance form with the licensee’s request for renewal.

     [Liquefied Petroleum Gas Bd., Rule 13, eff. 5-31-74]—(NAC A by Bd. for Reg. of Liquefied Petrol. Gas, 12-23-91)

      NAC 590.280  Holder of class 1A, 1B or 2A license: Disclosure of information; notification of new customer by licensee. (NRS 590.505, 590.515, 590.575)

     1.  Each person who holds a class 1A, 1B or 2A license shall disclose the following information to his or her customers and prospective customers:

     (a) The prices per unit of sales of LP gas, the effective dates of those prices and any figures required to convert those prices to prices per gallon, cubic feet or therms.

     (b) Any charges for services, including, without limitation:

          (1) The amount and description of all charges for deliveries, including, without limitation:

               (I) Charges for deliveries which are not on a scheduled route.

               (II) Charges for minimum deliveries.

               (III) Charges for deliveries made on weekends or after hours.

          (2) Initial charges and conditions for beginning service.

          (3) Charges for labor.

     (c) The annual fee for leasing a container for the storage of LP gas.

     2.  Each time LP gas is delivered to a customer, a person who holds a class 1A, 1B or 2A license shall disclose upon the delivery ticket or sales receipt:

     (a) The volume of LP gas delivered;

     (b) The price per gallon, cubic foot or therm of LP gas delivered; and

     (c) The total amount of the sale.

     3.  The information required to be disclosed pursuant to subsection 1 must be:

     (a) Disclosed by telephone request.

     (b) Printed in a standard format established by the licensee and displayed conspicuously in the licensee’s place of business not later than the beginning of the business day on which the prices and charges become effective. The licensee may include any additional information if he or she so desires.

     4.  A licensee shall notify each new customer that the Board has published a “Consumer Bill of Rights” and that a copy may be obtained from the Board at the Internet address http://www.lpg.nv.gov or by calling the Board at (775) 687-4890.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas, eff. 7-19-90; A 10-17-94; R141-01, 7-30-2002; R073-10, 12-16-2010)

      NAC 590.290  Holder of class 1 or class 2 license: Provision of certain information and notice; response to certain requests. (NRS 590.505, 590.515, 590.575)  A person licensed by the Board pursuant to NRS 590.575 in class 1 or class 2 shall:

     1.  Provide each of his or her customers and prospective customers with a written description of the minimum services the customer may reasonably expect to receive from the licensee;

     2.  Provide immediate response, regardless of the time of day, to a request for assistance in an emergency from any public safety agency or his or her customers regarding the use or storage of LP gas; and

     3.  If disconnection was not requested by the customer, notify the customer at least 48 hours in advance before disconnecting the service to that customer.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas, eff. 5-27-92)

      NAC 590.311  Certificate of competency: Types. (NRS 590.505, 590.515, 590.549)  The Board may grant the following certificates of competency:

     1.  Type LEGAL, to a person who is engaged in the management of a business with a classification of 1A, 1B or 2A.

     2.  Type CYLINDER, to a person who is engaged in the repair, installation, filling and delivery of LP gas exchange cylinders.

     3.  Type PIPING, to a person who is engaged in the installation or repair of LP gas piping.

     4.  Type RECREATIONAL VEHICLE, to a person who is engaged in the installation or repair of LP gas systems on recreational vehicles.

     5.  Type INDUSTRIAL, to a person who is engaged in the installation or repair of LP gas industrial facilities, bulk plants, vaporizers and dispensers.

     6.  Type CARBURETION, to a person who is engaged in the installation of LP gas vehicle fuel systems.

     7.  Type INSTALL, to a person who is engaged in the installation or repair of LP gas containers, the installation of regulators, the performance of leak checks and the placement of appliances back into service.

     8.  Type BULK, to a person who is engaged in the bulk delivery of LP gas, the performance of leak checks and the placement of appliances back into service.

     9.  Type RAIL, to a person who is engaged in the unloading of LP gas railroad tank cars and the loading and unloading of LP gas cargo tanks.

     10.  Type APPLIANCE, to a person who is engaged in the installation or repair of LP gas appliances.

     11.  Type VENTING, to a person who is engaged in the installation or repair of LP gas appliance venting.

     12.  Type FLAME EFFECTS, to a person who is engaged in the installation or operation of LP gas flame effects.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas by R148-05, eff. 2-23-2006; A by R073-10, 12-16-2010)

      NAC 590.315  Certificate of competency: Application; reexamination without additional fee; additional certificate of competency without additional fee. (NRS 590.505, 590.515, 590.549, 590.555)

     1.  An applicant for a certificate of competency must submit an application to the Board before taking the examination for the certificate of competency.

     2.  The application must be accompanied by the appropriate application fee.

     3.  Each application is valid for the initial administration of the examination for one certificate of competency. If the applicant does not pass such an examination, the applicant may retake that examination not more than twice without paying an additional fee if he or she retakes the examination within 90 days after initially taking the examination.

     4.  Each person who holds a certificate of competency granted pursuant to NAC 590.311 may apply for an additional certificate of competency pursuant to this section without paying an additional fee.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas by R148-05, eff. 2-23-2006; A by R073-10, 12-16-2010)

      NAC 590.320  Certificate of competency: Examination of applicant or holder; waiver of examination. (NRS 590.505, 590.515, 590.549)

     1.  Except as otherwise provided in subsection 2, each applicant for a certificate of competency must submit to an oral or written examination, or both.

     2.  The Board may waive the examination requirement set forth in subsection 1 if an applicant submits to the Board proof that the applicant is certified by a public agency or private entity which the Board determines imposes requirements for certification that are substantially similar to the examination requirements established by the Board.

     3.  The Board may, upon good cause shown, require the holder of a certificate of competency to submit to an oral or written examination, or both. The Board will provide to the holder at least 30 days’ written notice of the time and place of the examination.

     4.  The Board will establish and maintain a list of all certifications that the Board determines satisfy the requirements of subsection 2. If the certification an applicant seeks to use for the purposes of subsection 2 is not on the list, the applicant may request that the Board review and approve the certification held by the applicant.

     [Liquefied Petroleum Gas Bd., Rule 9 § B, eff. 5-31-74]—(NAC A by Bd. for Reg. of Liquefied Petrol. Gas, 12-13-95; R141-01, 7-30-2002; R148-05, 2-23-2006; R073-10, 12-16-2010)

      NAC 590.340  Certificate of competency: Issuance. (NRS 590.505, 590.515, 590.549)  Upon qualification or renewal as provided in NAC 590.311 to 590.380, inclusive, a person will receive a certificate of competency, properly dated and numbered, from the Board.

     [Liquefied Petroleum Gas Bd., Rule 9 part § F, eff. 5-31-74]—(NAC A by Bd. for Reg. of Liquefied Petrol. Gas, 12-13-95; R073-10, 12-16-2010)

      NAC 590.350  Certificate of competency: Expiration. (NRS 590.505, 590.515, 590.549)  Each certificate of competency is valid for 1 year and expires on the last day of the month in which the certificate was issued.

     [Liquefied Petroleum Gas Bd., Rule 9 § C & part § F, eff. 5-31-74]—(NAC A by Bd. for Reg. of Liquefied Petrol. Gas, 12-13-95; R141-01, 7-30-2002; R073-10, 12-16-2010)

      NAC 590.360  Certificate of competency: Renewal. (NRS 590.505, 590.515, 590.549)  A person may renew a certificate of competency if the person:

     1.  Submits to the examination required by the Board pursuant to NAC 590.320 before the certificate expires;

     2.  During the period the certificate is valid, completes at least 8 continuing education units from any course which was approved by the Board before the certificate expires; or

     3.  Provides proof of continuous employment in the area specified on his or her certificate of competency during the period the certificate was valid.

     [Liquefied Petroleum Gas Bd., Rule 9 § G, eff. 5-31-74]—(NAC A by Bd. for Reg. of Liquefied Petrol. Gas, 12-13-95; R141-01, 7-30-2002; R148-05, 2-23-2006; R073-10, 12-16-2010)

      NAC 590.365  Certificate of competency: Approval of courses for continuing education. (NRS 590.505, 590.515, 590.549)

     1.  The Board will review educational courses to determine whether a course may be used to meet the requirements for continuing education set forth in subsection 2 of NAC 590.360. If the Board determines that a course may be used to meet those requirements, the Board will approve the course and determine the number of continuing education units that may be awarded for the successful completion of the course. The Board will maintain a list of all courses approved pursuant to this subsection.

     2.  If a course is not on the list of approved courses, the holder of a certificate of competency may request that the Board approve the course.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas by R148-05, eff. 2-23-2006)

      NAC 590.380  Certificate of competency: Lapse; suspension; revocation; reapplication. (NRS 590.505, 590.515, 590.549, 590.605)

     1.  If a certificate of competency expires for failure to apply for renewal, a new certificate will be issued by the Board to the holder of the expired certificate only upon his or her completion of an application for renewal.

     2.  An order by the Board suspending a certificate of competency will be followed in all cases by a further order:

     (a) Vacating the order of suspension, thereby renewing the original certificate; or

     (b) Permanently revoking the certificate.

     3.  Upon the suspension of a certificate of competency, the Board will not renew the original certificate until the holder of the certificate passes the prescribed oral or written examination, or both.

     4.  An application for the issuance of a new certificate of competency will not be accepted, entertained or acted upon while an order of suspension of the certificate of the applicant is in effect.

     5.  If the Board has revoked a certificate of competency pursuant to the provisions of NRS 590.605, a new certificate will not be issued to the person whose certificate was revoked until he or she passes the prescribed oral or written examination, or both.

     6.  A period of at least 6 months from the date of the order of revocation of a certificate of competency must elapse before a person who has had a certificate revoked may reapply for examination and issuance of a new certificate.

     7.  If a certificate of competency is issued to a person pursuant to subsection 2 of NAC 590.320, the Board may suspend or revoke the certificate of competency issued pursuant to that subsection if the Board determines that the certification issued to the person by another public agency or private entity has been suspended or revoked by the public agency or private entity.

     [Liquefied Petroleum Gas Bd., Rule 9 § H, eff. 5-31-74]—(NAC A by Bd. for Reg. of Liquefied Petrol. Gas, 12-13-95; R141-01, 7-30-2002; R148-05, 2-23-2006; R073-10, 12-16-2010)

Installations

      NAC 590.450  Installation for dispensing LP gas for resale. (NRS 590.505, 590.515, 590.519, 590.521)

     1.  Any installation built for the purpose of dispensing LP gas for resale must be approved by the Board before installation.

     2.  A detailed plan of piping, crash posts, fencing, tank size and clearances and other safety features must be submitted to, and be approved by, the Board before installation.

     [Liquefied Petroleum Gas Bd., Rule 5, eff. 5-31-74]—(NAC A by Bd. for Reg. of Liquefied Petrol. Gas, 12-23-91)

      NAC 590.452  Installation and modification of LP gas equipment. (NRS 590.505, 590.515, 590.519, 590.521)

     1.  Except as otherwise provided in subsection 3, before installing or modifying any LP gas equipment at an installation, a person or business must:

     (a) Request approval from the Board or its staff, on a form provided by the Board, to install or modify the LP gas equipment; and

     (b) Submit for approval from the Board or its staff, a detailed plan for the proposed installation or modification of LP gas equipment at the installation.

     2.  If the Board or its staff approves a request and plan submitted pursuant to subsection 1, the Board or staff will issue the approval to the person or business in writing and place a copy of the approval on file in the office of the Board.

     3.  The provisions of this section do not apply to the routine maintenance of an installation.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas by R073-10, eff. 12-16-2010)

      NAC 590.454  Installation for dispensing LP gas. (NRS 590.505, 590.515, 590.519, 590.521)

     1.  If an installation built for the purpose of dispensing LP gas:

     (a) Is built or initially licensed after January 1, 2011; and

     (b) Is required to have the capability to remotely close or shut off more than one safety device,

Ê the installation must have a single common activation point for all safety devices. Each safety device must remain closed or shut off when not in use.

     2.  As used in this section, “safety device” means an internal valve, emergency shut-off valve or electrical disconnect.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas by R073-10, 12-16-2010, eff. 12-16-2011)

      NAC 590.456  Installation of cabinet for LP gas cylinder exchange. (NRS 590.505, 590.515, 590.519, 590.521)

     1.  Except as otherwise provided in subsection 2, each cabinet installed for LP gas cylinder exchange must have a clearance of not less than 5 feet on the front and each side of the cabinet.

     2.  Clearance between the sides of each cabinet for LP gas cylinder exchange is not required if the cabinets are installed in a group.

     3.  A sign must be posted on the front of each cabinet for LP gas cylinder exchange. The sign must:

     (a) Be white with red letters that are not less than 2 inches in height.

     (b) Contain the words “NO SMOKING,” “FLAMMABLE” and “PROPANE.”

     (c) Include a telephone number for emergencies.

     4.  Any open flame must be kept at least 10 feet from each cabinet for LP gas cylinder exchange.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas by R073-10, eff. 12-16-2010)

      NAC 590.460  Installation of tanks. (NRS 590.505, 590.515, 590.519, 590.521)  All loading and unloading connections at dealer plants must be secured to a steel bulkhead or an equivalent device designed to withstand a horizontal pull of at least 2,000 pounds in any direction unless other adequate protection is provided. This bulkhead must not be located underneath the tank. The loading and unloading connections must be firmly secured to the bulkhead, and the line between the bulkhead and tank must be installed in a manner to provide for expansion, contraction, jarring, vibrations and settling. The bulkhead must be located at least 25 feet away from the nearest important building or line of adjoining property. When in the opinion of the Board the bulkhead is necessary for the safety of the place of employment, it must be required at storage plants other than dealer plants.

     [Liquefied Petroleum Gas Bd., Rule 6, eff. 5-31-74]—(NAC A by Bd. for Reg. of Liquefied Petrol. Gas, 12-23-91)

      NAC 590.480  Installation of underground tank; removal of abandoned tank. (NRS 590.505, 590.515, 590.519, 590.521)

     1.  Permission to install an underground tank must be obtained from the Board before any commencement of work. The permission will be given to the dealer in writing with a copy placed on file in the office of the Board.

     2.  The form will have the name of the dealer installing the underground tank with the date of installation and all pertinent information pertaining to the type of tank, capacity, manufacturer and the date of manufacture.

     3.  When an underground tank is abandoned, that is no longer being serviced by the dealer, the tank must be removed 90 days after termination of use or service. Before removal of any underground tank, the dealer must first notify the inspector.

     [Liquefied Petroleum Gas Bd., Rule 12, eff. 5-31-74]—(NAC A by Bd. for Reg. of Liquefied Petrol. Gas, 12-23-91)

      NAC 590.500  Transfer of gas. (NRS 590.505, 590.515, 590.519, 590.521, 590.610)

     1.  Except as may be authorized by variance granted by the Board upon a written application, no container of LP gas larger in capacity than 1 gallon may be filled for resale by gravity flow.

     2.  Any cylinder not equipped with an outage valve must be filled by weight.

     [Liquefied Petroleum Gas Bd., Rule 4, eff. 5-31-74]

      NAC 590.520  Reports of accidents. (NRS 590.505, 590.515, 590.519)

     1.  Any accident where a licensee is involved, and where it is possible that LP gas was a contributing factor, must be reported to the Board in writing by the affected licensee immediately upon receipt of information of the accident. The report must contain any pertinent information such as the location, names of persons involved and the type of accident.

     2.  If death or serious personal injury or injuries requiring hospitalization of persons or property damage of $2,000 or more results from the accident, the report must be made to the Board by telephone and followed by a written report.

     [Liquefied Petroleum Gas Bd., Rule 3, eff. 5-31-74]—(NAC A by Bd. for Reg. of Liquefied Petrol. Gas, 12-23-91; 10-17-94)

      NAC 590.530  Condemnation of installations. (NRS 590.505, 590.515, 590.519)

     1.  The safety inspector may condemn any installation that is faulty or hazardous and any container of LP gas that does not meet the requirements of this chapter.

     2.  Condemnation of any containers must be accomplished by attaching to the container a notice of condemnation with a seal.

     3.  The inspector shall notify the supplier and the property owner at the time he or she condemns any installation and inform them in writing of the condemnation with instructions that the violation must be corrected within 10 days or as otherwise specified by the inspector. A copy of the condemnation must be forwarded to the Board for its files.

     4.  The Board will furnish the appointed inspector with adequate identification issued by the State of Nevada.

     [Liquefied Petroleum Gas Bd., Rule 1, eff. 5-31-74]—(NAC A by Bd. for Reg. of Liquefied Petrol. Gas, 12-23-91)

Containers

      NAC 590.550  Maintenance of access. (NRS 590.505, 590.515, 590.519, 590.521)  The person who has legal control of the premises upon which a container is installed shall, at all times, maintain clear access to that container for safety, service or removal.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas, eff. 5-27-92)

      NAC 590.560  Disconnection from service; removal at request of customer; licensee prohibited from charging fee solely for termination of service by customer. (NRS 590.505, 590.515, 590.519, 590.521, 590.537)

     1.  Any person who disconnects a container from service shall immediately:

     (a) Secure the container against tampering; and

     (b) Secure the container against leakage by plugging the service valve or by any other method approved by the Board.

     2.  Upon receipt of a written request from a customer to remove a container from his or her premises, a person licensed by the Board pursuant to NRS 590.575 in class 1 or class 2 shall, except as otherwise provided in subsection 3, remove the container within 30 days after the receipt of the request.

     3.  The time limitation set forth in subsection 2 may be extended:

     (a) By not more than 15 days, if both the customer and licensee agree in writing to the extension;

     (b) By not more than 30 days, if the safety inspector employed by the Board determines that extenuating circumstances, such as severe weather, necessitate the extension; or

     (c) By more than 30 days, if the Board, upon the request of the customer or licensee, determines that circumstances necessitate the extension.

     4.  A licensee shall not charge a fee to a customer solely for the termination of service by the customer.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas, eff. 5-27-92; A by R073-10, 12-16-2010)

Regulations Adopted by Reference

      NAC 590.600  Adoption by reference of regulations for liquefied petroleum gas. (NRS 590.505, 590.515)  The Board adopts by reference the regulations contained in NFPA 58: Liquefied Petroleum Gas Code, 2008 edition, and any subsequent edition issued by the National Fire Protection Association which has been approved by the Board for use in Nevada. Each new edition shall be deemed approved by the Board unless the edition is disapproved by the Board within 120 days after the date on which the Board receives the printed publication from the National Fire Protection Association. The Board will review each edition issued after the 2008 edition to ensure its suitability for Nevada. The most current edition that has been approved by the Board is available for purchase from the National Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts 02269, by telephone at (800) 344-3555 or on the Internet at http://www.nfpa.org, for the price of $42.75 for members and $47.50 for nonmembers.

     [Liquefied Petroleum Gas Bd., part Liquid Gas Reg., eff. 2-25-73]—(NAC A by Bd. for Reg. of Liquefied Petrol. Gas, 12-23-91; 12-13-95; R014-03, 2-18-2004; R073-10, 12-16-2010)

      NAC 590.610  Adoption by reference of regulations for fuel gas. (NRS 590.505, 590.515)  The Board adopts by reference the regulations contained in NFPA 54: National Fuel Gas Code, 2009 edition, and any subsequent edition issued by the National Fire Protection Association which has been approved by the Board for use in Nevada. Each new edition shall be deemed approved by the Board unless the edition is disapproved by the Board within 120 days after the date on which the Board receives the printed publication from the National Fire Protection Association. The Board will review each edition issued after the 2009 edition to ensure its suitability for Nevada. The most current edition that has been approved by the Board is available for purchase from the National Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts 02269, by telephone at (800) 344-3555 or on the Internet at http://www.nfpa.org, for the price of $42.75 for members and $47.50 for nonmembers.

     [Liquefied Petroleum Gas Bd., part Liquid Gas Reg., eff. 2-25-73]—(NAC A by Bd. for Reg. of Liquefied Petrol. Gas, 12-23-91; 12-13-95; R014-03, 2-18-2004; R073-10, 12-16-2010)

      NAC 590.615  Adoption by reference of regulations for use of flame effects before audience. (NRS 590.505, 590.515)  The Board adopts by reference the regulations contained in NFPA 160: Standard for the Use of Flame Effects Before an Audience, 2006 edition, and any subsequent edition issued by the National Fire Protection Association which has been approved by the Board for use in Nevada. Each new edition shall be deemed approved by the Board unless the edition is disapproved by the Board within 120 days after the date on which the Board receives the printed publication from the National Fire Protection Association. The Board will review each edition issued after the 2006 edition to ensure its suitability for Nevada. The most current edition that has been approved by the Board is available for purchase from the National Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts 02269, by telephone at (800) 344-3555 or on the Internet at http://www.nfpa.org, for the price of $33.30 for members and $37.00 for nonmembers.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas by R148-05, eff. 2-23-2006; A by R073-10, 12-16-2010)

      NAC 590.620  Adoption by reference of regulations for manufactured home installations, sites and communities. (NRS 590.505, 590.515)  The Board adopts by reference the regulations contained in NFPA 501A: Standard for Fire Safety Criteria for Manufactured Home Installations, Sites, and Communities, 2005 edition, and any subsequent edition issued by the National Fire Protection Association which has been approved by the Board for use in Nevada. Each new edition shall be deemed approved by the Board unless the edition is disapproved by the Board within 120 days after the date on which the Board receives the printed publication from the National Fire Protection Association. The Board will review each edition issued after the 2005 edition to ensure its suitability for Nevada. The most current edition that has been approved by the Board is available for purchase from the National Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts 02269, by telephone at (800) 344-3555 or on the Internet at http://www.nfpa.org, for the price of $28.35 for members and $31.50 for nonmembers.

     [Liquefied Petroleum Gas Bd., part Liquid Gas Reg., eff. 2-25-73]—(NAC A by Bd. for Reg. of Liquefied Petrol. Gas, 12-23-91; 12-13-95; R014-03, 2-18-2004; R073-10, 12-16-2010)

      NAC 590.640  Adoption by reference of regulations for recreational vehicles. (NRS 590.505, 590.515)  The Board adopts by reference the regulations contained in NFPA 1192: Standard on Recreational Vehicles, 2008 edition, and any subsequent edition issued by the National Fire Protection Association which has been approved by the Board for use in Nevada. Each new edition shall be deemed approved by the Board unless the edition is disapproved by the Board within 120 days after the date on which the Board receives the printed publication from the National Fire Protection Association. The Board will review each edition issued after the 2008 edition to ensure its suitability for Nevada. The most current edition that has been approved by the Board is available for purchase from the National Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts 02269, by telephone at (800) 344-3555 or on the Internet at http://www.nfpa.org, for the price of $33.30 for members and $37.00 for nonmembers.

     [Liquefied Petroleum Gas Bd., part Liquid Gas Reg., eff. 2-25-73]—(NAC A by Bd. for Reg. of Liquefied Petrol. Gas, 12-23-91; 12-13-95; R014-03, 2-18-2004; R073-10, 12-16-2010)

Administrative Proceedings

      NAC 590.644  Definitions. (NRS 590.505, 590.515)  As used in NAC 590.644 to 590.690, inclusive, unless the context otherwise requires:

     1.  “Licensee” includes:

     (a) A person who is licensed by the Board or who holds a certificate of competency issued by the Board pursuant to NRS 590.465 to 590.645, inclusive, and NAC 590.100 to 590.690, inclusive; and

     (b) An applicant for such a license or certificate.

     2.  “Presiding officer” means the Chair of the Board or any member of the Board designated by the Chair to preside over a hearing or matter before the Board.

     3.  “Staff” means the staff of the Board.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas by R014-03, eff. 2-18-2004)

      NAC 590.646  Limitation on time for filing complaint against licensee or request for mediation. (NRS 590.505, 590.515)  Any complaint against a licensee or request for mediation must be filed with the Board within 1 year after the date of the alleged violation.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas by R148-05, eff. 2-23-2006)

      NAC 590.647  Staff: Logging and recording of certain records. (NRS 590.505, 590.515)  The staff shall log and record all records relating to inquiries, requests for mediation and written complaints, including, without limitation, memos of relevant conversations, all correspondence relating to a request for mediation or a complaint, the minutes of any hearing and a copy of the resolution of the request for mediation or the complaint.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas by R014-03, eff. 2-18-2004)

      NAC 590.648  Confidentiality of certain documents and information. (NRS 590.505, 590.515)

     1.  Except as otherwise provided in this section or NRS 590.505 or 590.605, a complaint filed with the Board, any documents or other information filed with the complaint and any documents or other information compiled as a result of an investigation by the Board are confidential.

     2.  A complaint filed on behalf of the Board to initiate disciplinary action and all documents and information considered by the Board when determining whether to impose discipline are public records.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas by R148-05, eff. 2-23-2006)

      NAC 590.650  Filing of accusation against licensee; resolution of matter. (NRS 590.505, 590.515)

     1.  A person may file an accusation against a licensee concerning the prices, rates, services or other acts of the licensee. An accusation filed with a member of the staff against a licensee will be referred to the licensee if that member deems it necessary for possible resolution. An accusation filed against a licensee will be processed as a request for mediation unless the person filing the accusation specifically requests that disciplinary action be taken against the licensee.

     2.  If a person wishes to file an accusation against a licensee which does not specifically request that disciplinary action be taken against the licensee, a member of the staff shall send to the person a request for mediation and a referral list. The referral list will include the names of agencies to which the accusation may be referred. The person must complete the request for mediation and return it to the Board.

     3.  Upon the receipt of a completed request for mediation, a member of the staff shall send copies of the request for mediation to the licensee and, if applicable, the management of the licensee.

     4.  Within 15 days after receipt of the request for mediation, the licensee shall notify the staff as to whether the licensee and the person who filed the request for mediation were able to resolve the matter raised in the request for mediation.

     5.  If the licensee and the person who filed the request for mediation were not able to resolve the matter raised in the request for mediation, the Board will hold a hearing to mediate the accusation. The mediation hearing will be held in conjunction with a regularly scheduled meeting of the Board.

     6.  If the matter raised in the request for mediation cannot be resolved at the mediation hearing, the Board will advise the licensee and the person who filed the request for mediation of that fact and inform the person who filed the request for mediation of the option to file a disciplinary complaint against the licensee pursuant to NAC 590.654.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas, eff. 7-19-90; A by R014-03, 2-18-2004)

      NAC 590.654  Informal complaint: Filing and processing; notification of licensee; response; review and investigation; production and copying of records and other evidence. (NRS 590.505, 590.515)

     1.  A person may file a complaint with the Board concerning the acts of or services provided by a licensee if:

     (a) The person wishes to file an accusation against the licensee and specifically requests that disciplinary action be taken against the licensee; or

     (b) The person filed a request for mediation pursuant to NAC 590.650 and the Board, the licensee and the person who filed the request for mediation were unable to resolve the matter raised in the request for mediation.

     2.  The Board will process:

     (a) A citation issued by the Board pursuant to subsection 2 of NRS 590.605; and

     (b) If the circumstances so warrant, a petition under NRS 233B.120,

Ê as a complaint filed pursuant to this section.

     3.  The Board will initially consider any complaint filed against a licensee pursuant to this section as an informal complaint. The informal complaint must be verified by the affidavit of the complainant and be filed with the Board on a form provided by the Board. The complainant shall include with his or her informal complaint information that is sufficiently detailed so as to enable the licensee to prepare a response.

     4.  Upon receipt of an informal complaint, the staff shall examine the informal complaint to determine whether it:

     (a) Has been properly verified; and

     (b) Alleges sufficient facts to warrant further proceedings.

     5.  If the staff determines that an informal complaint has been properly verified and alleges sufficient facts, the staff shall notify the licensee of the informal complaint by sending a copy or summary of the informal complaint to the licensee by certified mail. The notification must set forth the potential violations of NRS 590.465 to 590.645, inclusive, or NAC 590.100 to 590.690, inclusive, raised in the informal complaint and request a written response from the licensee for review by the staff. The licensee shall submit a written response to the informal complaint or summary to the Board:

     (a) Not later than 15 days after the date on which the informal complaint or summary is personally served on the licensee; or

     (b) If the informal complaint or summary is not personally served on the licensee, not later than 15 days after the date on which the informal complaint or summary is deposited in the United States mail as certified mail addressed to the licensee at his or her address of record.

     6.  A written response to an informal complaint or a summary must respond to the allegations made in the informal complaint or summary and be accompanied by all documentation that would be useful to the staff in its review of the allegations made in the informal complaint or summary and the responses of the licensee to those allegations. If a licensee fails to respond as required by this section, the licensee shall be deemed to have admitted the allegations in the informal complaint or summary. Based on these admissions, the Board may impose appropriate discipline on the licensee in the same manner as if the allegations had been proven by substantial evidence at a hearing on a formal complaint.

     7.  Upon the filing of a written response pursuant to this section, the staff shall review the informal complaint and the responses made thereto, may enlist the aid of any member of the Board or other qualified person in conducting the review and may take any other reasonable action necessary to further the review. After its review of the informal complaint and the responses made thereto, the staff may:

     (a) Investigate the allegations and employ such persons as the staff deems necessary to further the investigation;

     (b) Consult persons with expertise in the appropriate field and employ those persons for the purposes of an investigation or a hearing;

     (c) Investigate new leads and allegations that the staff learns of in the course of the investigation;

     (d) Enlist the aid of any member of the Board or other qualified person in conducting the investigation; and

     (e) Take any other reasonable action necessary to further the investigation.

     8.  During an investigation of an informal complaint, the staff or an investigator for the Board may demand that a licensee produce any record or other evidence for inspection or copying, with or without prior notice to the licensee and with or without a subpoena. A licensee shall not deny a request for a record or other evidence if the record or other evidence is not otherwise declared to be confidential by a specific statute. If a licensee refuses or fails to cooperate with a request for a record or other evidence in violation of this section, the Board may immediately suspend his or her license or certificate until the licensee complies with the request. If the licensee continues to refuse or to fail to cooperate with such a request in violation of this section, the Board may take such further disciplinary action against the licensee as the Board determines necessary.

     9.  If the staff or investigator determines that a specific record or other specific evidence that the licensee is required to produce is material to or necessary for an investigation, the staff or investigator may remove the record or evidence and provide a copy of the record or evidence to the licensee. If a record or other evidence can be readily copied at the location where the record or evidence is located, the staff or investigator shall make a copy of the record or evidence at that location. If the record or other evidence cannot be readily copied at that location, the staff or investigator may remove the record or evidence from that location for copying.

     10.  Upon the removal of a record or other evidence pursuant to this section, the staff or investigator shall provide the person to whom the record or evidence belongs with a receipt for the record or evidence and, not later than 5 business days after the record or evidence is removed, provide a copy of the record or evidence to that person.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas by R014-03, eff. 2-18-2004)

      NAC 590.657  Procedure following investigation of informal complaint; notice of hearing and formal complaint; answer. (NRS 590.505, 590.515)

     1.  When the investigation of an informal complaint is complete, the staff and, if applicable, the investigator for the Board shall determine whether substantial evidence exists to sustain the alleged violation of a statute or regulation set forth in the informal complaint. If the staff and investigator determine that no such allegation set forth in the complaint can be sustained, the staff shall notify, in writing, the complainant and licensee of that determination.

     2.  If the staff and investigator determine that a violation of a statute or regulation as alleged in the complaint can be sustained, the legal counsel for the Board shall:

     (a) Offer to the complainant and licensee mediation, a settlement agreement, a stipulation of facts and liability, or an informal hearing; or

     (b) Prepare a notice of hearing and a formal complaint.

     3.  If any mediation, settlement agreement, stipulation of facts and liability, or informal hearing offered by the legal counsel for the Board pursuant to paragraph (a) of subsection 2 fails to resolve the matter, the legal counsel for the Board shall prepare a notice of hearing and a formal complaint pursuant to paragraph (b) of subsection 2.

     4.  In addition to the requirements set forth in NRS 233B.121, a notice of hearing and a formal complaint must be signed by the legal counsel for the Board and, if a member of the Board was active in the investigation, by that member.

     5.  The staff shall send a notice of hearing and a formal complaint prepared pursuant to this section to the licensee named in the notice by certified mail.

     6.  A licensee who receives a notice of hearing and a formal complaint shall file an answer to the notice of hearing and the formal complaint with the Board:

     (a) Not later than 15 days after the date on which the notice of hearing and the formal complaint are personally served on the licensee; or

     (b) If the notice of hearing and the formal complaint are not personally served on the licensee, not later than 15 days after the date on which the notice of hearing and the formal complaint are deposited in the United States mail as certified mail addressed to the licensee at his or her address of record.

     7.  An answer to a notice of hearing and a formal complaint must include a response to each allegation and statement made in the notice of hearing and the formal complaint by either admitting to or denying the allegation or statement.

     8.  If a licensee fails to file an answer as required by this section, the licensee shall be deemed to have admitted each allegation and statement contained in the notice of hearing and the formal complaint. Based on these admissions, the Board may enter a finding and impose appropriate discipline on the licensee in the same manner as if the allegations had been proven by substantial evidence at a hearing held on the formal complaint.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas by R014-03, eff. 2-18-2004)

      NAC 590.660  Joining of formal complaints. (NRS 590.505, 590.515)  The Board may join two or more formal complaints into one formal complaint if:

     1.  The causes of action of each formal complaint are against the same person and deal with substantially the same or similar violations of statutes or regulations; and

     2.  The Board determines that the joining of the formal complaints will serve the best interests of the Board and the parties involved.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas by R014-03, eff. 2-18-2004)

      NAC 590.664  Exchange of copies of documents and lists of witnesses. (NRS 590.505, 590.515)

     1.  Not later than 10 days after a licensee files an answer to a notice of hearing and a formal complaint pursuant to NAC 590.657, the legal counsel for the Board and the licensee shall provide to each other, respectively:

     (a) Copies of all documents that are reasonably available to him or her which he or she reasonably anticipates will be used to support his or her position; and

     (b) A written list of the names of the witnesses whom he or she reasonably anticipates calling to testify at the hearing to support his or her position. The list must include the name and address, and a general description of the anticipated subject matter of the testimony, of each such witness.

     2.  If, after initially providing the copies of documents and the list of witnesses pursuant to subsection 1, the legal counsel for the Board or the licensee reasonably anticipates that other documents or witnesses will be used to support his or her position, or if any document or information previously provided changes, he or she shall forthwith supplement and update his or her submission to the other party.

     3.  If the legal counsel for the Board or the licensee fails to provide copies of documents or the list of witnesses, or any updated information relating thereto, as required by this section, the presiding officer may exclude the undisclosed document, the testimony of the undisclosed witness or the undisclosed information at the hearing.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas by R014-03, eff. 2-18-2004)

      NAC 590.667  Discovery. (NRS 590.505, 590.515)  Discovery may only be undertaken in accordance with NAC 590.644 to 590.690, inclusive. The Board will not allow the taking of depositions.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas by R014-03, eff. 2-18-2004)

      NAC 590.670  Prehearing conference; orders and rulings on preliminary matters. (NRS 590.505, 590.515)

     1.  The presiding officer may order a prehearing conference on a formal complaint and may enter such prehearing orders and rulings on preliminary matters as he or she determines are appropriate for the efficient conduct of the hearing on the formal complaint. Such orders and rulings may include, without limitation, orders and rulings concerning:

     (a) The exchange of written direct testimony of witnesses.

     (b) The exclusion of particular testimony or evidence.

     (c) The admission of particular testimony and other exhibits by agreement of the parties.

     (d) The marking in advance of all exhibits.

     (e) The exchange by the parties of written prehearing statements or briefs similar to pretrial statements or briefs filed in district court.

     (f) Settlement negotiations. Settlement negotiations, and the statements of the parties relating thereto, made at a prehearing conference are not admissible in evidence at the hearing unless the parties agree and the agreement is incorporated in a prehearing order.

     (g) Scheduling matters.

     (h) Protective orders.

     (i) The admissibility of evidence.

     (j) Any other procedural or prehearing matter.

     2.  A ruling on a preliminary matter is subject to reconsideration by the entire Board upon the request of a member of the Board or upon the motion of a party.

     3.  The failure of a party who is adversely affected by a ruling on a preliminary matter to move for reconsideration of the ruling does not constitute:

     (a) Consent to the ruling; or

     (b) A waiver of any objection previously made to the ruling.

     4.  For the purposes of this section, a matter is a preliminary matter if it is not dispositive of a contested case or a substantive issue in a contested case.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas by R014-03, eff. 2-18-2004)

      NAC 590.674  Motions. (NRS 590.505, 590.515)

     1.  A motion concerning any matter before the Board must be made in writing, unless the motion is made during a hearing on that matter. The presiding officer may deny as untimely:

     (a) Any motion made during a hearing if the motion could have reasonably been made before the hearing; and

     (b) Any motion that is filed on a date that does not provide the opposing parties a reasonable time to respond.

     2.  A written motion must set forth the nature of the relief sought by and the grounds for the motion.

     3.  A party may oppose a written motion by filing a written response to the motion with the Board and serving a copy of the response on all other parties to the proceeding to which the motion relates within 10 days after the written motion is filed.

     4.  If a written response to a written motion is filed, the party who made the written motion may file and serve a written reply to the response.

     5.  Except as otherwise provided in this section, the presiding officer shall rule on all written motions on a matter at or before the hearing scheduled on the matter. The presiding officer may rule on any motion without oral argument or may allow oral arguments to be made before ruling on the motion. If the presiding officer allows oral arguments on a written motion to be made, the presiding officer shall set a time and date for hearing the oral arguments.

     6.  The presiding officer may require the Board to vote to decide a motion.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas by R014-03, eff. 2-18-2004)

      NAC 590.677  Hearings: Procedure; documents included in record; posthearing briefs. (NRS 590.505, 590.515)  For any hearing before the Board:

     1.  The presiding officer shall call the hearing to order and take the appearances on behalf of the Board and the licensee.

     2.  The notice of hearing, any petition, answer, response or written stipulation, and if the hearing concerns a disciplinary matter, the notice of hearing and the formal complaint and any other responsive pleading relating thereto, become a part of the record without being read into the record unless a party requests that such a document be read into the record.

     3.  The legal counsel for the Board shall present the evidence for the Board first and, if the Board allows closing arguments, shall present the closing argument for the Board last.

     4.  Unless otherwise ordered by the presiding officer, and except as otherwise provided in this section, the order of presentation is as follows:

     (a) Opening statement by the legal counsel for the Board.

     (b) Opening statement by the respondent or the attorney for the respondent, who may choose to make the opening statement at the beginning of the respondent’s case.

     (c) Testimony of witnesses offered by the legal counsel for the Board as follows:

          (1) Direct examination by the legal counsel for the Board;

          (2) Cross-examination by the respondent or the attorney for the respondent;

          (3) Redirect examination by the legal counsel for the Board; and

          (4) Recross-examination by the respondent or the attorney for the respondent.

     (d) Testimony of witnesses offered by the respondent, as follows:

          (1) Direct examination by the respondent or the attorney for the respondent;

          (2) Cross-examination by the legal counsel for the Board;

          (3) Redirect examination by the respondent or the attorney for the respondent; and

          (4) Recross-examination by the legal counsel for the Board.

     (e) If applicable, closing arguments by the respondent or the attorney for the respondent.

     (f) If applicable, closing arguments by the legal counsel for the Board.

     5.  A member of the Board may, at any time during the hearing:

     (a) Question a witness; and

     (b) Request or allow additional evidence, including additional or documentary evidence.

     6.  If the hearing is a consolidated hearing, the hearing must proceed in the same manner as described in this section with the order of the parties and the presentation of evidence to be determined by the presiding officer.

     7.  Posthearing briefs may be allowed by the presiding officer or upon a majority vote of the members of the Board. If such briefs are allowed, the Board will establish the time by which the briefs must be submitted

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas by R014-03, eff. 2-18-2004)

      NAC 590.680  Hearings: Appearance and representation of parties. (NRS 590.505, 590.515)

     1.  Except as otherwise provided in subsection 2, a party may appear at a hearing in person or by an attorney.

     2.  A party to a formal complaint shall attend the evidentiary hearing on the merits of the formal complaint in person unless the presiding officer waives the requirement of the attendance of the party.

     3.  If a party who is required to attend a hearing in person fails to do so without having obtained a waiver of the requirement of his or her attendance pursuant to subsection 2, the Board may:

     (a) Determine that the party’s failure to attend the evidentiary hearing in person shall be deemed:

          (1) An admission of all matters and facts contained in the record with respect to the party; and

          (2) A waiver of the right to an evidentiary hearing; and

     (b) Take action based upon such admission or upon any other evidence, including affidavits, without any further notice or a hearing.

     4.  If a party retains an attorney to represent the party before the Board, the attorney shall so notify the Board not later than 10 days after he or she is retained. Thereafter:

     (a) The attorney shall sign all motions, oppositions, notices, requests and other papers, including requests for subpoenas; and

     (b) The Board will serve all notices, motions, orders, decisions, and other papers or pleadings upon the attorney.

     5.  An attorney appearing as counsel in any proceeding must be an attorney at law, admitted to practice and in good standing before the highest court of any state. If the attorney is not admitted and entitled to practice before the Supreme Court of Nevada, the attorney must be associated with an attorney so admitted and entitled to practice.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas by R014-03, eff. 2-18-2004)

      NAC 590.684  Disciplinary proceedings: Grounds for discipline. (NRS 590.505, 590.515, 590.605)  The following acts and omissions by a licensee are grounds for discipline:

     1.  Violating any provision of NRS 590.465 to 590.645, inclusive, or NAC 590.100 to 590.690, inclusive.

     2.  Failing to cooperate with the Board in the investigation of a request for mediation, an informal complaint or a formal complaint, including, without limitation, failing to file a written response as required by NAC 590.654 and failing to file an answer as required by NAC 590.657.

     3.  Failing to respond to a request for mediation.

     4.  Failing to attend a disciplinary hearing without having obtained a waiver of the requirement of the licensee’s attendance.

     5.  Conducting business after his or her license or certificate of competency has lapsed if the license or certificate has not been renewed.

     6.  Conducting business after the insurance required by NAC 590.270 has lapsed if the insurance has not been renewed.

     7.  Willfully making a false report, record or claim in his or her business.

     8.  Failing to comply with a settlement agreement, an order of the Board or any other disposition of a prior disciplinary action or mediation.

     9.  Advertising the licensee’s business in a manner that is:

     (a) False; or

     (b) Intended or has a tendency to:

          (1) Deceive or mislead the public; or

          (2) Create unrealistic expectations in any particular case.

     10.  Engaging in any other conduct that the Board determines constitutes unfitness or incompetence to engage in activities that are authorized by his or her license.

     11.  Acting or conducting the licensee’s operations in any manner which the Board deems to be inimical to and not in the best interests of the health, safety or welfare of the people of this State.

     12.  Being subject to disciplinary action in which a board or any other similar entity in this State or in another state which has issued a license, certificate, registration or other credential in a related field to the licensee revokes or suspends the license, certificate, registration or other credential or takes any other disciplinary action against the licensee. As used in this subsection, a “license, certificate, registration or other credential in a related field” includes, without limitation, a general contractor’s license and a steam fitter’s license.

     13.  Delivering a lesser quantity of gas than the amount for which the licensee bills a customer with the intent to defraud the customer.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas by R014-03, eff. 2-18-2004)

      NAC 590.687  Disciplinary proceedings: Final order or decision of Board. (NRS 590.505, 590.515, 590.605)

     1.  After an evidentiary hearing on the merits in a disciplinary proceeding, if the Board finds that the licensee is:

     (a) Not guilty as charged in the formal complaint, the Board will issue a final order or decision dismissing the charges and notify the licensee and the complainant that the charges have been dismissed.

     (b) Guilty as charged in the formal complaint, the Board will:

          (1) Before agreeing on a punishment, consider all relevant factors, including, without limitation:

               (I) The danger to the health or safety of the public created by the violation;

               (II) The economic benefit received by the licensee from the violation;

               (III) Any mitigation or aggravation by the licensee of the effects of the violation;

               (IV) The extent to which the licensee demonstrates his or her good faith;

               (V) Any previous history of violations by the licensee;

               (VI) Whether the licensee knew or, as a competent person, should have known that the action complained of was a violation of a statute, a regulation or a condition of his or her license;

               (VII) Whether the licensee has initiated remedial measures to prevent similar violations;

               (VIII) The magnitude of penalties imposed on other licensees for similar violations;

               (IX) The proportionality of the penalty in relation to the misconduct; and

               (X) If the licensee offered evidence of mitigating factors, all such evidence;

          (2) Agree upon punishment that may, in addition to any other sanction authorized pursuant to NRS 590.465 to 590.645, inclusive, and NAC 590.100 to 590.690, inclusive, require the licensee to:

               (I) Fulfill certain training or educational requirements; and

               (II) Pay all costs incurred by the Board relating to the disciplinary proceedings; and

          (3) Issue and serve the final order or decision of the Board on the licensee.

     2.  A final order or decision by the Board that is adverse to the licensee must:

     (a) Be in writing;

     (b) Except as otherwise provided in subsection 5 of NRS 233B.121, include findings of fact and conclusions of law; and

     (c) Specifically set forth the punishment imposed on the licensee.

     3.  A final order or decision of the Board in a disciplinary proceeding is effective on the earliest of:

     (a) The date on which the final order or decision is personally served on the licensee;

     (b) The date on which the final order or decision is posted at the premises of the licensee; or

     (c) The third day after the date on which the final order or decision is deposited in the United States mail as certified mail addressed to the licensee at his or her address of record.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas by R014-03, eff. 2-18-2004)

      NAC 590.690  Board authorized to recover investigative costs and impose penalty fees for violation of NRS 590.535. (NRS 590.505, 590.515, 590.605)  The Board may recover investigative costs from and impose penalty fees on any person, firm or corporation that violates any provision of NRS 590.535.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas by R073-10, eff. 12-16-2010)

CLEANUP OF DISCHARGED PETROLEUM

      NAC 590.700  Definitions. (NRS 590.830)  As used in NAC 590.700 to 590.790, inclusive, unless the context otherwise requires:

     1.  “Board” means the Board to Review Claims.

     2.  “Division” means the Division of Environmental Protection of the State Department of Conservation and Natural Resources.

     3.  “Fund” means the Fund for Cleaning Up Discharges of Petroleum.

     4.  “Portable storage tank” means a storage tank with a capacity of 60 gallons or more that is used above the ground and may be moved without disassembly of the tank to more than one location for the temporary storage of petroleum.

     5.  “Registered storage tank” means a storage tank operated by a person who is required to or who elects to register it for coverage provided by the Fund.

     6.  “Storage tank” has the meaning ascribed to it in NAC 590.710.

     (Added to NAC by Bd. to Review Claims, eff. 6-15-90; A 12-23-91; 1-22-96; R001-99, 11-19-99; A by Div. of Environmental Protec. by R226-05, 5-4-2006)

      NAC 590.710  Interpretation of certain statutory terms. (NRS 590.830)

     1.  For the purposes of NRS 590.700 to 590.920, inclusive, the Board interprets:

     (a) “Costs for cleaning up” to mean any expense of corrective action necessitated by a discharge from a storage tank. The term does not include:

          (1) The expense of any bond posted to release a writ of attachment;

          (2) Any expense incurred by an operator to investigate or defend any claim or suit, except any such expense incurred at the request of the Board;

          (3) Any expense taxed against the operator as costs of suit in a suit or administrative proceeding;

          (4) Any award of prejudgment interest, except for interest awarded on that part of the judgment paid by the Fund;

          (5) Any expense of repairing, replacing or upgrading any storage tank or its contents;

          (6) Any expense incurred by an operator during the transportation, loading or unloading of a portable storage tank; and

          (7) Any loss of income or revenue of the business of an operator that is incurred by an operator during a corrective action necessitated by a discharge.

     (b) “Damages” to mean any money the operator of a storage tank becomes legally obligated to pay as damages because of bodily injury or property damage to any person other than the State or the operator caused by a discharge. The term does not include:

          (1) Any expense excluded from the definition contained in paragraph (a);

          (2) Any obligation of the operator imposed pursuant to any statute providing benefits for workers’ compensation, disability or unemployment compensation;

          (3) Any bodily injury to an employee of the operator, or the spouse, parent, brother or sister of the employee, arising out of and in the course of the employee’s employment by the operator. This exclusion applies whether the operator may be liable as an employer or in any other capacity, and to any obligation to share damages with or reimburse another person who must pay damages because of the injury;

          (4) Any obligation of the operator imposed by a contractual assumption of liability; or

          (5) Any expense incurred by an operator during the transportation, loading or unloading of a portable storage tank.

     (c) “Emergency action” to mean any action that:

          (1) Stops the release of petroleum;

          (2) Identifies or mitigates existing or potential hazards from fire, explosion, vapor or other hazards associated with a release; or

          (3) Prevents the migration of petroleum which poses a substantial imminent threat to the environment.

     (d) “Marina storage tank” to mean a petroleum storage tank used to provide fuel to water vessels, at least 90 percent of which is either above ground level or in or over water and which has a capacity of at least 110 gallons but not more than 12,000 gallons. The term includes all piping connected to the tank, except piping, valves, hoses, filters and nozzles associated with the fuel dispenser.

     (e) “Site” to mean the facility, whether situated on a single parcel or on multiple adjacent parcels, where the tank is located.

     (f) “Small business” to mean a business which receives less than $500,000 in gross annual receipts from the site where the tank is located, based upon the average annual gross receipts for the following period:

          (1) If the business has been in operation for 5 or more fiscal years on the date on which the discharge is discovered, the 5 fiscal years immediately preceding the date on which the discharge was discovered; or

          (2) If the business has been in operation for less than 5 fiscal years on the date the discharge is discovered, the total number of years the business has been in operation.

     (g) “Storage tank” to mean any tank, including any connected pipes, except piping above the dispenser shear valve, used to contain an accumulation of petroleum. The term does not include any tank that is:

          (1) Exempted from the provisions of NRS 590.700 to 590.920, inclusive, unless the operator of the tank chooses to register it pursuant to paragraph (b) of subsection 1 of NRS 590.920;

          (2) Excluded from the definition of “underground storage tank” in 40 C.F.R. § 280.12, except that a farm or residential tank having a capacity of 1,100 gallons or less and that is used for storing motor fuel for noncommercial purposes is a storage tank;

          (3) Permanently closed in accordance with NAC 459.9972 and 40 C.F.R. § 280.71; or

          (4) Not federally regulated which is permanently closed in accordance with a rule or an ordinance of a local governmental entity.

     2.  As used in this section:

     (a) “Bodily injury” means any injury, sickness, disease or death suffered by a person as a proximate result of a discharge.

     (b) “Property damage” means any actual injury to real or tangible personal property, loss of use of the property, or both, occurring as a proximate result of a discharge.

     (c) “Suit” means any civil proceeding in which damages are sought for which the Fund is potentially liable. The term includes any arbitration proceeding in which such damages are sought, to which the operator must submit or to which he or she submits with the consent of the Board.

     (Added to NAC by Bd. to Review Claims, eff. 6-15-90; A 12-23-91; 1-22-96; A by Div. of Environmental Protec. by R226-05, 5-4-2006)

      NAC 590.714  Designation as “small business.” (NRS 590.830)  To be designated as a small business as described in paragraph (f) of subsection 1 of NAC 590.710, an operator must submit the following to the Division:

     1.  Copies of forms reporting federal income tax which show the operator’s gross annual receipts for the following period:

     (a) If the business has been in operation for 5 or more fiscal years on the date on which the discharge is discovered, the 5 fiscal years immediately preceding the date on which the discharge was discovered; or

     (b) If the business has been in operation for less than 5 fiscal years on the date the discharge is discovered, the total number of years the business has been in operation.

     2.  Any other information requested by the Division which is necessary to determine whether the operator is a small business.

     (Added to NAC by Bd. to Review Claims, eff. 1-22-96; A by Div. of Environmental Protec. by R226-05, 5-4-2006)

      NAC 590.720  Adoption by reference of certain provisions of Code of Federal Regulations and International Fire Code. (NRS 590.830)  The Board hereby adopts by reference:

     1.  The provisions of 40 C.F.R. §§ 280.12, 280.40 to 280.45, inclusive, 280.50, 280.53, 280.70 and 280.71 as they existed on July 1, 1990, and the provisions of 40 C.F.R. §§ 280.61 and 280.62 as they existed on January 1, 2006. A copy of the volume containing these provisions may be obtained at a cost of $50 by mail from the Superintendent of Documents, U.S. Government Printing Office, P.O. Box 979050, St. Louis, Missouri 63197-9000, or by toll-free telephone at (866) 512-1800.

     2.  The provisions of chapters 2, 22 and 34 of the International Fire Code, 2003 edition. A copy of the volume containing these provisions may be obtained at a cost of $70 from the International Code Council at the Internet address http://www.iccsafe.org.

     (Added to NAC by Bd. to Review Claims, eff. 6-15-90; A 12-23-91; A by Div. of Environmental Protec. by R226-05, 5-4-2006)

      NAC 590.730  Annual fee and application for registration of storage tank; letter of coverage. (NRS 590.830, 590.850)

     1.  Except as otherwise provided in this subsection, each operator of a registered storage tank shall, on or before October 1 of each year, pay a fee in the amount of $100 for registration for coverage provided by the Fund and submit an application for registration to the Division in the form prescribed by the Board. An application for registration is not required from an operator who has filed with the Division Form 7530-1, “Notification for Underground Storage Tanks,” adopted by the United States Environmental Protection Agency.

     2.  The Division will bill the operator for the annual registration fee not less than 30 days before the date the fee is due. The failure of an operator to receive a bill does not relieve the operator of his or her obligation to pay the fee on or before the date it is due.

     3.  Upon compliance by the operator with the provisions of subsection 1, the Division will issue a letter evidencing the coverage provided by NRS 590.880 or 590.890, whichever applies. The letter will:

     (a) Include the name and address of the facility at which the storage tank is located, together with any other information required to identify the storage tank; and

     (b) Set forth the amount of money available in the Fund, as of the date of the letter, to pay costs or damages resulting from any discharge from the storage tank which qualifies for coverage provided by NRS 590.880 or 590.890, as applicable.

     4.  After January 1, 1992, if a discharge from a storage tank is discovered during a period in which the annual registration fee for that storage tank is delinquent, the Division will not use money in the Fund to pay costs or damages resulting from any discharge from that storage tank.

     (Added to NAC by Bd. to Review Claims, eff. 6-15-90; A 12-23-91; 10-16-95; A by Div. of Environmental Protec. by R226-05, 5-4-2006)

      NAC 590.740  Testing and inspection of storage tanks. (NRS 590.830, 590.870)

     1.  Except as otherwise provided in this section, each operator of a registered storage tank shall perform or cause to be performed a test of the storage tank for tightness in accordance with the provisions of NAC 459.994 and the schedule contained in 40 C.F.R. § 280.40(c).

     2.  The operator of a registered storage tank that is above ground shall perform or cause to be performed an inspection of the storage tank at least once each month. The monthly inspection must include, without limitation:

     (a) Visual inspection of the aboveground storage tank system to identify cracks or other defects in the secondary containment area and product transfer area;

     (b) Visual inspection of the exterior surfaces of the tanks, piping, valves, pumps and other equipment for cracks, corrosion, releases and maintenance deficiencies and to identify malfunctioning equipment, needed maintenance and needed revisions to current operating practices;

     (c) Visual inspection of the elevated tanks or tanks on concrete slabs; and

     (d) Unless the secondary containment of the tank has a sound concrete floor or liner:

          (1) Visual inspection of the area between the outer shell of the tank or the floor of the tank and the containment area; or

          (2) Vapor monitoring of the soil directly beneath the tank bottom or perimeter and the water table.

     3.  A registered portable storage tank must be inspected visually by the operator immediately before and after the portable storage tank is relocated.

     4.  A marina storage tank must be tested and inspected in accordance with the provisions of NAC 459.9938.

     5.  The operator of a registered storage tank shall maintain a record of each inspection conducted pursuant to this section on a form approved by the Division for at least 3 years after the date of the inspection.

     (Added to NAC by Bd. to Review Claims, eff. 6-15-90; A 12-23-91; 1-22-96; A by Div. of Environmental Protec. by R226-05, 5-4-2006)

      NAC 590.750  Financial responsibility of operators. (NRS 590.830)  Upon request, an operator of a regulated underground storage tank shall submit to the Division evidence of his or her financial responsibility. An operator may demonstrate his or her financial responsibility in any manner permitted by NAC 459.995.

     (Added to NAC by Bd. to Review Claims, eff. 6-15-90; A 12-23-91; A by Div. of Environmental Protec. by R226-05, 5-4-2006)

      NAC 590.760  Discharges: Duties of operators. (NRS 590.830, 590.870)

     1.  The operator of a storage tank shall report any discharge promptly in accordance with the requirements of NAC 445A.347 and 40 C.F.R. §§ 280.50 and 280.53.

     2.  As soon as possible after the discharge, the operator shall submit to the Division an application for coverage by the Fund for the discharge. The application for coverage must be submitted on the form prescribed by the Division and must include:

     (a) A written description of how, when and where the discharge occurred;

     (b) A description of any damage known to the operator to have been caused by the discharge; and

     (c) If the services of a person certified as an environmental manager pursuant to NAC 459.972 or 459.9724 have been obtained, the name of that person.

     3.  The operator shall take all reasonable steps to protect the site of the discharge from further damage in accordance with the provisions of 40 C.F.R. §§ 280.61 and 280.62.

     4.  The operator shall:

     (a) Prepare and maintain a record of all costs incurred by him or her in cleaning up the discharge.

     (b) Permit the Division to inspect any property or records relating to the discharge or damage caused by the discharge.

     (c) Notify the Division if the cost of:

          (1) An emergency action; or

          (2) The initial response actions and abatement measures prescribed by 40 C.F.R. §§ 280.61 and 280.62,

Ê will exceed $5,000.

     (d) If the operator is seeking reimbursement by the Fund for the costs of cleaning up the tank or of liability for damages, unless an employee of the operator will be providing services that are exempted from the provisions of NAC 459.970 to 459.9729, inclusive, by subsection 1 of NAC 459.9718, obtain the services of a person who is certified as an environmental manager pursuant to NAC 459.972 or 459.9724.

     (e) Obtain approval from the Division or secure not less than three competitive bids for a task included in a corrective action that costs more than $3,000 if:

          (1) The corrective action necessitated by a discharge from a storage tank is not an emergency pursuant to paragraph (c) of subsection 1 of NAC 590.710; and

          (2) The operator is seeking reimbursement by the Fund for the costs of cleaning up the tank or of liability for damages.

     (Added to NAC by Bd. to Review Claims, eff. 6-15-90; A 12-23-91; 1-22-96; A by Div. of Environmental Protec. by R226-05, 5-4-2006)

      NAC 590.765  Operator to notify Division of civil action for damages; submission of order of judgment or settlement agreement required for payment from Fund. (NRS 590.830)

     1.  An operator shall notify the Division of a civil action brought against him or her by another person for damages alleged to have been caused by a discharge from the storage tank of the operator. The notice must be in writing and submitted to the Division within 60 days after the date the operator is properly served with the summons and a copy of the complaint that commenced the civil action.

     2.  The Board may:

     (a) Consider failure to notify the Division pursuant to the provisions of subsection 1 as a basis for denial of payment from the Fund.

     (b) Excuse a failure to provide notice pursuant to the provisions of subsection 1 upon demonstration of good cause for the failure to comply.

     3.  An operator who is required to provide notice pursuant to the provisions of subsection 1 and who seeks payment from the Fund for liability for damages must submit, as a supporting document:

     (a) A copy of a final judgment which has been entered with a court and which orders the operator to pay damages; or

     (b) If the operator and the other party to the civil action settled the claim, a copy of the settlement agreement.

Ê The Board will not authorize payment from the Fund unless it has received the order of judgment or it has received the settlement agreement and has approved the terms of such agreement.

     (Added to NAC by Bd. to Review Claims by R001-99, eff. 11-19-99)

      NAC 590.770  Discharges: Authority of Administrator of Division. (NRS 590.830)  If a discharge occurs from a storage tank, the Administrator of the Division may, at such times as are reasonably required:

     1.  Question the operator of the tank, under oath, about any matter relating to the discharge; and

     2.  Examine the books and records of the operator.

     (Added to NAC by Bd. to Review Claims, eff. 6-15-90)

      NAC 590.774  Factors considered in determining necessity for cleanup of discharge from certain storage tanks. (NRS 590.830)  In determining whether cleaning up a discharge from a storage tank:

     1.  Which has a capacity of 1,100 gallons or less; and

     2.  Which is used to store heating oil for consumption on the same premises where the oil is stored,

Ê is necessary to protect the environment or the public health and safety, the Division may consider the factors listed in subsection 2 of NAC 445A.227.

     (Added to NAC by Bd. to Review Claims, eff. 1-22-96; A by Environmental Comm’n by R189-08, 8-25-2009)

      NAC 590.780  Form of claim for reimbursement; time limitations for filing claims for reimbursement; payment to operator, vendor or contractor; payment required of operator; payment of per diem allowance and travel expenses. (NRS 590.830)

     1.  An operator, vendor or contractor who seeks to be reimbursed by the Fund for costs or liability for damages resulting from a discharge must submit to the Division a verified claim for reimbursement in the form prescribed by the Board along with any supporting documents required to substantiate his or her eligibility for reimbursement. An initial claim must be submitted within 12 months after the date on which the operator, vendor or contractor knew or should have known of the discharge and the final claim must be submitted within 12 months after the completion of the corrective action necessitated by the discharge. The Board will not accept a claim after either deadline unless the operator, vendor or contractor demonstrates good cause for the failure to comply with the deadline.

     2.  The operator shall provide any additional information required by the Board in order to determine his or her eligibility for payment from the Fund.

     3.  The Board may authorize payment from the Fund to:

     (a) An operator;

     (b) A vendor;

     (c) A contractor; or

     (d) Any combination of persons listed in paragraph (a), (b) or (c), jointly.

     4.  If money from the Fund is paid to an operator before the operator pays a vendor or contractor, or both, the operator shall:

     (a) Pay the vendor or contractor, or both; and

     (b) Not more than 30 days after receiving the money from the Fund, provide the Division with confirmation of payment to the vendor or contractor, or both, of the money paid by the Board.

     5.  If an operator fails to pay a vendor or contractor for costs approved and paid by the Board within 30 days, the operator shall reimburse the Board for the money paid by the Board.

     6.  If an operator is entitled to receive payment for his or her necessary expenses for the costs of cleaning up, the Board will authorize payment of the per diem allowance and travel expenses at the same rate provided for state officers and employees generally.

     7.  As used in this section, “claim” or “claim for reimbursement” means a request for reimbursement by the Fund of a sum of money, accompanied by the required supporting documents. The term does not include an application for coverage under the Fund.

     (Added to NAC by Bd. to Review Claims, eff. 6-15-90; A 12-23-91; 11-3-92; A by Div. of Environmental Protec., 1-10-94; A by Bd. to Review Claims, 1-22-96)

      NAC 590.790  Severability of provisions. (NRS 590.830)  If any provision of NAC 590.700 to 590.780, inclusive, or the application of the provision to any person, thing or circumstance is held invalid, it is intended that the invalidity not affect the remaining provisions, or their application, that can be given effect without the invalid provision or application.

     (Added to NAC by Bd. to Review Claims, eff. 6-15-90)

FEE FOR CERTAIN FUELS AND HEATING OIL

      NAC 590.800  Payment by dealers and suppliers. (NRS 590.840)

     1.  A dealer in or supplier of petroleum products who is licensed in this State must pay the fee imposed by NRS 590.840 if:

     (a) He or she imports motor vehicle fuel, diesel fuel of grade number 1 or 2 or heating oil into this State; or

     (b) He or she deals in any product listed in paragraph (a) that is refined in this State.

          2.  The fee must be remitted with the dealer’s or supplier’s monthly tax return.

          3.  As used in this section, “motor vehicle fuel” has the meaning ascribed to it in NRS 365.060.

     (Added to NAC by Dep’t of Taxation, eff. 8-2-90; A by Dep’t of Motor Veh. by R148-06, 9-18-2006)

      NAC 590.810  Provision of refund or credit for exportation. (NRS 590.840)

     1.  The fee imposed by NRS 590.840 that is paid for a petroleum product may be refunded, or a credit may be given, upon proper application and proof that the product was exported from this State. A credit or refund will only be given to the exporter of record. Any refund must be applied for within 3 months after the date of exportation.

     2.  A dealer in, or supplier or exporter of, petroleum products who is not licensed in this State pursuant to NRS 365.270 or 366.220 must submit with his or her application for a refund:

     (a) An invoice of the original purchase which indicates the fee was paid to his or her vendor; and

     (b) Proof that the product was exported,

Ê before the fee will be refunded.

     3.  A dealer in or supplier of petroleum products who is licensed in this State may take a credit in lieu of a refund on his or her monthly fuel tax return or statement if the credit is documented on the forms prescribed by the Department to detail all acquisitions and disbursements.

     4.  For the purpose of this section, proof of exportation includes, but is not limited to:

     (a) An export manifest; or

     (b) A report of a dealer or supplier declaring the import to the receiving state.

     (Added to NAC by Dep’t of Taxation, eff. 8-2-90; A by Dep’t of Motor Veh. by R148-06, 9-18-2006)