[Rev. 6/29/2024 4:12:07 PM--2023]
CHAPTER 459 - HAZARDOUS MATERIALS
WESTERN INTERSTATE NUCLEAR COMPACT
NRS 459.001 Enactment; text.
NRS 459.002 Appointment of member of Board by Governor.
NRS 459.003 Alternate member: Designation; powers and duties.
NRS 459.004 Bylaws, rules and regulations filed with Secretary of State.
NRS 459.005 Applicability of Nevada Industrial Insurance Act to persons dispatched to another state.
ROCKY MOUNTAIN LOW-LEVEL RADIOACTIVE WASTE COMPACT
NRS 459.007 Enactment; text.
NRS 459.008 Appointment of member of Board by Governor; designation of alternate member.
NRS 459.0083 State surcharge: Imposition; collection; distribution; deposit for credit to Fund for Care of Sites for Disposal of Radioactive Waste.
NUCLEAR PROJECTS
NRS 459.009 Definitions.
NRS 459.0091 Commission on Nuclear Projects: Creation; membership; terms and salary of members.
NRS 459.0092 Commission on Nuclear Projects: Duties.
NRS 459.0093 Agency for Nuclear Projects: Creation; composition; appointment and qualifications of Executive Director.
NRS 459.0094 Executive Director of Agency for Nuclear Projects: Duties.
NRS 459.0095 Executive Director of Agency for Nuclear Projects: Powers.
NRS 459.0096 Executive Director and Administrators: Administration of laws relating to Division; classification; certain other employment prohibited.
NRS 459.0097 Duties of Administrator of Division of Technical Programs.
NRS 459.0098 Duties of Administrator of Division of Planning.
STATE CONTROL OF RADIATION
General Provisions
NRS 459.010 Definitions.
NRS 459.020 State agency for control of radiation.
NRS 459.030 Duties of state agency for control of radiation.
NRS 459.035 Applicant for registration of radiation machine to attest to proper licensure of employees; fees.
NRS 459.050 Inspections; confidentiality of report of inspection.
NRS 459.060 Records.
NRS 459.070 Report of exposure of personnel; regulations.
NRS 459.080 Agreements between State and Federal Government.
NRS 459.090 Agreements concerning inspection; program for training.
NRS 459.100 Hearings; written decisions.
NRS 459.105 Disciplinary action by hearing officer or panel: Procedural requirements; powers and duties of officer or panel; judicial review.
NRS 459.120 Issuance of emergency regulation or order by Division.
NRS 459.125 Department of Transportation to develop plan for routing shipments of controlled quantities of radioactive materials and high-level radioactive waste; cooperation with Federal Government, regional organizations and other states; regulations.
Possession, Transfer and Disposal of Radioactive Material
NRS 459.201 Licensing and registration of sources of ionizing radiation.
NRS 459.211 Fees for operation or use of areas for storage and disposal owned by State; fee for revenue.
NRS 459.221 License to use area for disposal required; violations concerning shipping; penalties; suspension, revocation or reinstatement of license.
NRS 459.231 Fund for Care of Sites for Disposal of Radioactive Waste: Creation; administration; deposits; investment; interest; income.
NRS 459.235 Deposit of penal fines; delegation of authority to take disciplinary action; deposit of fines imposed by State Board of Health; claims for attorney’s fees and costs of investigation.
Enforcement, Violations and Penalties
NRS 459.250 Enforcement of certain provisions by peace officers of Nevada Highway Patrol; impounding or detaining of vehicles.
NRS 459.260 Suspension, revocation or amending of license or registration; impounding of sources of ionizing radiation by Division.
NRS 459.270 Injunctive and other relief.
NRS 459.280 Removal of radioactive waste, machinery or equipment by employee from area for disposal prohibited; penalties.
NRS 459.290 Penalties.
REGULATION OF MILLS AND BY-PRODUCTS
NRS 459.300 Legislative findings.
NRS 459.310 Fees for regulating operations concerning uranium and care and maintenance of radioactive tailings and residues; posting of security; Fund for Licensing Uranium Mills; Fund for Care of Uranium Tailings.
NRS 459.320 Prerequisites to issuance of license.
NRS 459.330 Terms and conditions to be contained in license.
NRS 459.340 Title to site for disposal and by-products to be transferred to United States or this State before termination of production.
NRS 459.350 Person exempt from licensing may be required to observe or perform remedial work.
NRS 459.360 Standards of management of by-products.
NRS 459.370 Construction of facility or disposal of by-products without license unlawful.
REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES
General Provisions
NRS 459.380 Legislative declaration.
NRS 459.3802 Definitions.
NRS 459.3806 “Division” defined.
NRS 459.38075 “Facility” defined.
NRS 459.3809 “Process” defined.
NRS 459.38125 “Vessel” defined.
NRS 459.3813 Applicability of statutory provisions and regulations to certain facilities; exemptions.
NRS 459.3814 Applicability of statutory provisions: Excluded activities.
Administration
NRS 459.3816 Designation of highly hazardous substances and explosives: Regulations; amendment.
NRS 459.3818 State Environmental Commission to adopt regulations; Division to administer and enforce statutory provisions and regulations; involvement of interested persons; applicability of statutory provisions to dealers of liquefied petroleum gas.
NRS 459.3819 Inspections by state and local agencies of facilities where explosives are manufactured, used, processed, handled, moved on-site or stored.
NRS 459.38195 Investigation of certain accidents and motor vehicle crashes: Powers and duties of Division; duty of owner or operator of facility to cooperate.
NRS 459.382 Reports of regulatory agencies; review of requirements of regulatory agencies; final authority of Division of Environmental Protection.
NRS 459.3822 Records, reports and other information of facility: Submission by owner or operator of facility; availability for public inspection; confidentiality of information protected as trade secret; regulations.
NRS 459.3824 Annual fees; Account for Precaution Against Chemical Accidents.
NRS 459.3829 Permits to construct or commence operation of new process: Requirements; application; regulations; fee.
NRS 459.3832 Regulations concerning certification of records, reports and information submitted to Division; requirements for signature on certification.
NRS 459.3833 Program to prevent and minimize consequences of accidental release of hazardous substance: Delegation of authority and grant of money from Federal Government; regulations.
NRS 459.3834 Unlawful acts; penalties.
Committee to Oversee the Management of Risks
NRS 459.3862 “Committee” defined.
NRS 459.3864 Creation; appointment of members; appointment of chair and co-chair; resources.
NRS 459.3866 Receipt of records and documents; subpoena; informal inquiries; confidentiality of trade secret or information; inspection of facility; Attorney General is counsel for committee; authorization to make recommendations to reviewing authority.
NRS 459.3868 Duties.
Enforcement and Penalties
NRS 459.387 Entry into facility to verify compliance with statutory requirements and regulations; issuance of order.
NRS 459.3872 Injunctive relief; levy of civil administrative penalty; notice of levy of penalty; request for hearing; payment of penalty.
NRS 459.3874 Amount of civil administrative penalties; settlement of claim; imposition of civil penalty.
DISPOSAL OF HAZARDOUS WASTE
NRS 459.400 Purpose.
NRS 459.405 Definitions.
NRS 459.410 “Commission” defined.
NRS 459.415 “Department” defined.
NRS 459.420 “Director” defined.
NRS 459.425 “Disposal” defined.
NRS 459.428 “Hazardous material” defined.
NRS 459.429 “Hazardous substance” defined.
NRS 459.430 “Hazardous waste” defined.
NRS 459.432 “Household waste” defined.
NRS 459.435 “Management of hazardous waste” defined.
NRS 459.440 “Manifest” defined.
NRS 459.445 “Person” defined.
NRS 459.448 “Regulated substance” defined.
NRS 459.450 “Storage” defined.
NRS 459.455 “Treatment” defined.
NRS 459.460 Applicability and administration of NRS 459.400 to 459.600, inclusive.
NRS 459.465 Types of waste subject to NRS 459.400 to 459.600, inclusive.
NRS 459.470 Department designated as state agency for regulation of hazardous waste.
NRS 459.475 Duties of Department.
NRS 459.480 Delegation of responsibility for enforcement of NRS 459.400 to 459.600, inclusive.
NRS 459.485 Duties of Commission.
NRS 459.490 General requirements for regulations.
NRS 459.500 Contents of regulations; enforcement of regulations relating to transportation and handling of hazardous waste.
NRS 459.501 Certification of laboratory required for performance of analysis to detect presence of hazardous waste or regulated substance in soil or water for certain purposes; exception.
NRS 459.502 Certification of laboratory required for performance of analysis for person who generates waste to determine whether waste is hazardous.
NRS 459.505 Agreements to provide state land for areas for disposal of hazardous waste.
NRS 459.510 Fees for use of areas for disposal owned by State: Amount; payment; waiver; collection of interest; penalties.
NRS 459.512 Payment of additional fees by facility for management of hazardous waste for training emergency personnel and ensuring safety of shipment of hazardous materials; penalty for late payment.
NRS 459.515 Construction, alteration or operation of facility without permit unlawful; exception.
NRS 459.520 Regulations governing permits.
NRS 459.525 Financial responsibility of owner or operator of facility; claim against insurer, guarantor, surety or other person providing evidence of financial responsibility.
NRS 459.530 Account for Management of Hazardous Waste: Creation; source; separate accounting for certain fees collected.
NRS 459.535 Account for Management of Hazardous Waste: Use.
NRS 459.537 Account for Management of Hazardous Waste: Payment of costs of responding to leak, spill, accident or motor vehicle crash; reimbursement; action by Attorney General.
NRS 459.540 Condition in permit specifying time allowed for completion of modification.
NRS 459.545 Substitution of equivalent standards of protection.
NRS 459.546 Variances: Conditions and criteria for granting; revocation.
NRS 459.547 Variances: Renewal; protest and hearing on application for renewal.
NRS 459.548 Variances: Regulations governing applications; fees.
NRS 459.549 Variances: Granting and renewal discretionary.
NRS 459.550 Records and reports.
NRS 459.555 Disclosure of public and confidential information.
NRS 459.558 Applicability of NRS 459.560 and 459.565.
NRS 459.560 Inspections.
NRS 459.565 Action to prevent practice or act which constitutes hazard to human health, public safety or environment.
NRS 459.570 Order to prevent act or practice which violates NRS 459.400 to 459.560, inclusive.
NRS 459.575 Subpoenas.
NRS 459.580 Injunctive relief.
NRS 459.585 Civil penalties; damages; injunction.
NRS 459.590 Unlawful transportation of hazardous waste.
NRS 459.595 False statement, representation or certification; tampering with device.
NRS 459.600 Operation without permit or in violation of condition of permit or order; disposal or discharge of hazardous waste in unauthorized manner; penalty.
PROGRAM FOR VOLUNTARY CLEANUP OF HAZARDOUS SUBSTANCES AND RELIEF FROM LIABILITY
NRS 459.610 Definitions.
NRS 459.612 “Administrator” defined.
NRS 459.614 “Commission” defined.
NRS 459.616 “Division” defined.
NRS 459.618 “Eligible property” defined.
NRS 459.620 “Hazardous substance” defined.
NRS 459.622 “Participant” defined.
NRS 459.624 “Program” defined.
NRS 459.626 “Prospective purchaser” defined.
NRS 459.628 “Remedial agreement” defined.
NRS 459.630 “Responsible party” defined.
NRS 459.632 Certain real property deemed to be eligible property.
NRS 459.634 Application for participation in program; action by Administrator on application.
NRS 459.636 Submission of remedial agreement for approval; prerequisites to approval; explanation of disapproval.
NRS 459.638 Certification of completion of remedial agreement; issuance, contents and recordation of certificate of completion; explanation of failure to issue certificate.
NRS 459.640 Effect of certificate of completion: Relief from liability.
NRS 459.642 Effect of certificate of completion: Limitations on relief from liability.
NRS 459.644 Effect of certificate of completion: Applicability to persons other than original holder.
NRS 459.646 Limitations on liability of lenders and persons with security interest in property.
NRS 459.648 Limitations on liability of prospective purchasers.
NRS 459.650 Action against responsible party by holder of certificate of completion or seller of property.
NRS 459.652 Termination of participation in program.
NRS 459.654 Review of decisions of Administrator.
NRS 459.656 Adoption of regulations by Commission.
NRS 459.658 Negotiation with Environmental Protection Agency regarding effect of certificate of completion.
CLASS B FIREFIGHTING FOAM THAT CONTAINS INTENTIONALLY ADDED PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES
NRS 459.670 Definitions.
NRS 459.672 “Class B firefighting foam” defined.
NRS 459.674 “Class B firefighting foam that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances” defined.
NRS 459.676 “Division” defined.
NRS 459.678 “Perfluoroalkyl and polyfluoroalkyl substances” defined.
NRS 459.680 Inapplicability of certain provisions where preempted by or in conflict with federal law.
NRS 459.682 Prohibition on discharge, use or release; exception; penalty.
NRS 459.684 Reporting of discharge, use or release.
NRS 459.686 Working group to study issues relating to environmental contamination: Establishment; composition; duties; members serve without compensation.
HANDLING OF HAZARDOUS MATERIALS
General Provisions
NRS 459.700 Definitions.
NRS 459.7005 “Base state” defined.
NRS 459.701 “Commission” defined.
NRS 459.7016 “Department” defined.
NRS 459.7018 “Director” defined.
NRS 459.702 “Division” defined.
NRS 459.7022 “Extremely hazardous material” defined.
NRS 459.7024 “Hazardous material” defined.
NRS 459.7025 “Motor carrier” defined.
NRS 459.70255 “Participating state” defined.
NRS 459.7026 “Person” defined.
NRS 459.703 “Uniform application” defined.
NRS 459.7032 “Uniform program” defined.
NRS 459.704 Coordination of fees, forms and regulations; duties of regulatory agencies.
Transportation; Reporting and Collection of Information
NRS 459.7052 Registration and permit required for transportation by motor carrier.
NRS 459.7054 Uniform application: Information required.
NRS 459.7056 Uniform application: Confidentiality and disclosure of information provided.
NRS 459.7058 Denial, suspension or revocation of registration and permit: Grounds; procedure.
NRS 459.706 Motor carriers: Prerequisites to issuance of permit to transport radioactive waste; assessment for investigation, inspection or audit outside of State.
NRS 459.708 Motor carriers: Rejection of and liability for certain packages of radioactive waste.
NRS 459.709 Motor carriers: Prerequisites to transportation of high-level radioactive waste or spent nuclear fuel.
NRS 459.712 Inspections, investigations and reproduction of records: Authority of Department; regulations.
NRS 459.715 Repository for Information Concerning Hazardous Materials in Nevada.
NRS 459.718 Notification of Division regarding certain accidents, motor vehicle crashes or incidents.
NRS 459.721 Duties of Director: Regulations for participation in uniform program.
NRS 459.725 Powers and duties of Director: Administration of provisions; regulations; agreements.
NRS 459.727 Provisions inapplicable to transportation by governmental vehicle.
NRS 459.728 Provisions supersede and preempt local regulation of transportation; exceptions.
State Emergency Response Commission
NRS 459.735 Contingency Account for Hazardous Materials.
NRS 459.738 Creation of Commission; appointment and terms of members; appointment of Chair or Co-Chairs; employment of staff.
NRS 459.740 Adoption of regulations; acceptance of gifts and grants of money and other revenues.
NRS 459.742 Powers of Commission.
NRS 459.744 Establishment and payment of fees.
Responding to Spills, Accidents, Motor Vehicle Crashes and Incidents
NRS 459.748 Definitions.
NRS 459.750 Responsibility for cleaning and decontamination of area affected by spill, accident or motor vehicle crash.
NRS 459.755 Use of Contingency Account for Hazardous Materials to pay for costs of cleaning and decontamination of area affected by spill, accident or motor vehicle crash.
NRS 459.760 Reimbursement of expenses of responding state agency; reporting of need for additional funding; action by Attorney General.
NRS 459.765 Deposit of reimbursement and penalty for credit to Contingency Account for Hazardous Materials.
NRS 459.770 Recovery of costs incurred by responding county or city.
NRS 459.773 Development and dissemination of reference guide regarding response to accidents, motor vehicle crashes and incidents.
Penalties
NRS 459.774 Civil penalties for certain violations.
NRS 459.775 Unlawful acts: Misdemeanors.
NRS 459.780 Unlawful acts: Gross misdemeanors.
IMMUNITY FROM LIABILITY REGARDING PLANNING FOR AND RESPONDING TO DISCHARGE OF HAZARDOUS MATERIAL
NRS 459.790 “Hazardous material” defined.
NRS 459.792 Scope of immunity: State Emergency Response Commission; local emergency planning committees; persons providing equipment, advice or other assistance.
NRS 459.794 Exclusions from immunity: Damages from gross negligence or misconduct; persons causing discharge; persons receiving compensation for assistance.
NRS 459.796 Prerequisites for immunity: Persons providing equipment, advice or other assistance.
STORAGE TANKS
NRS 459.800 Definitions.
NRS 459.802 “Commission” defined.
NRS 459.804 “Department” defined.
NRS 459.806 “Director” defined.
NRS 459.808 “Division” defined.
NRS 459.810 “Operator” defined.
NRS 459.812 “Owner” defined.
NRS 459.814 “Person” defined.
NRS 459.816 “Regulated substance” defined.
NRS 459.818 “Release” defined.
NRS 459.820 “Storage tank” defined.
NRS 459.822 Department designated as state agency for regulation of storage tanks.
NRS 459.824 Duties of Director.
NRS 459.825 Coordination of fees, regulations and forms; duties of regulatory agencies.
NRS 459.826 Regulations of Commission: General requirements.
NRS 459.828 Owner or operator of storage tank to provide Department with certain information.
NRS 459.830 Regulations of Commission: Standards of performance.
NRS 459.832 Regulations of Commission: Closure, removal, disposal and management of storage tanks.
NRS 459.834 Regulations of Commission regarding corrective action, evidence of financial responsibility; determination of whether corrective action is required.
NRS 459.836 Permits to operate storage tanks: Regulations; terms and conditions; fee.
NRS 459.838 Account for Management of Storage Tanks: Creation; sources; claims.
NRS 459.840 Account for Management of Storage Tanks: Use; reimbursement; action by Attorney General.
NRS 459.842 Enforcement by Department; delegation of responsibility.
NRS 459.844 Subpoenas.
NRS 459.846 Disclosure of information obtained by Department.
NRS 459.848 Authority to enter and inspect.
NRS 459.850 Action to alleviate hazard to human health, public safety or environment.
NRS 459.852 Order for corrective action.
NRS 459.854 Injunctive relief.
NRS 459.856 Civil penalties; damages; injunction.
FUND FOR BROWNFIELD PROJECTS
NRS 459.860 Definitions.
NRS 459.862 “Administrator” defined.
NRS 459.864 “Brownfield project” defined.
NRS 459.866 “Brownfield site” defined.
NRS 459.868 “Brownfields Restoration Act” defined.
NRS 459.870 “Commission” defined.
NRS 459.872 “Division” defined.
NRS 459.874 “Federal grant” defined.
NRS 459.876 “Fund” defined.
NRS 459.878 Creation; use of money; payment of claims; acceptance of gifts, appropriations, contributions, grants and bequests.
NRS 459.880 Limitations on use of money.
NRS 459.882 Limitations regarding expenditures from money from federal grant.
NRS 459.884 Duties of Division.
NRS 459.886 Powers of Division.
NRS 459.888 Administrator may collect fee to defray costs of administering Fund.
NRS 459.890 Administrator may employ persons necessary to carry out duties.
NRS 459.892 Regulations.
MISCELLANEOUS PROVISIONS
NRS 459.900 Submission to governmental agencies of information regarding manufacture, processing, use and disposal of toxic chemicals.
NRS 459.910 Unlawful to store high-level radioactive waste in State.
NRS 459.920 Prerequisites for operation or display of radar gun or similar device.
NRS 459.930 Immunity from liability for certain persons for response actions and cleanup with respect to certain real property at which hazardous substance has been or may have been released.
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WESTERN INTERSTATE NUCLEAR COMPACT
NRS 459.001 Enactment; text. The Western Interstate Nuclear Compact, denominated in NRS 459.001 to 459.005, inclusive, as the “compact,” is hereby enacted into law and entered into with all jurisdictions legally joining therein, in the form substantially as follows:
ARTICLE I. POLICY AND PURPOSE
The party states recognize that the proper employment of scientific and technological discoveries and advances in nuclear and related fields and direct and collateral application and adaptation of processes and techniques developed in connection therewith, properly correlated with the other resources of the region, can assist substantially in the industrial progress of the West and the further development of the economy of the region. They also recognize that optimum benefit from nuclear and related scientific or technological resources, facilities and skills requires systematic encouragement, guidance, assistance, and promotion from the party states on a cooperative basis. It is the policy of the party states to undertake such cooperation on a continuing basis. It is the purpose of this compact to provide the instruments and framework for such a cooperative effort in nuclear and related fields, to enhance the economy of the West and contribute to the individual and community well-being of the region’s people.
ARTICLE II. THE BOARD
(a) There is hereby created an agency of the party states to be known as the “Western Interstate Nuclear Board” (hereinafter called the Board). The Board shall be composed of one member from each party state designated or appointed in accordance with the law of the state which the member represents and serving and subject to removal in accordance with such law. Any member of the Board may provide for the discharge of the member’s duties and the performance of the member’s functions thereon (either for the duration of his or her membership or for any lesser period of time) by a deputy or assistant, if the laws of the member’s state make specific provisions therefor. The federal government may be represented without vote if provision is made by federal law for such representation.
(b) The Board members of the party states shall each be entitled to one vote on the Board. No action of the Board shall be binding unless taken at a meeting at which a majority of all members representing the party states are present and unless a majority of the total number of votes on the Board are cast in favor thereof.
(c) The Board shall have a seal.
(d) The Board shall elect annually, from among its members, a chair, a vice chair, and a treasurer. The Board shall appoint and fix the compensation of an Executive Director who shall serve at its pleasure and who shall also act as Secretary, and who, together with the Treasurer, and such other personnel as the Board may direct, shall be bonded in such amounts as the Board may require.
(e) The Executive Director, with the approval of the Board, shall appoint and remove or discharge such personnel as may be necessary for the performance of the Board’s functions irrespective of the civil service, personnel or other merit system laws of any of the party states.
(f) The Board may establish and maintain, independently or in conjunction with any one or more of the party states, or its institutions or subdivisions, a suitable retirement system for its full-time employees. Employees of the Board shall be eligible for social security coverage in respect of old age and survivors insurance provided that the Board takes such steps as may be necessary pursuant to federal law to participate in such program of insurance as a governmental agency or unit. The Board may establish and maintain or participate in such additional programs of employee benefits as may be appropriate.
(g) The Board may borrow, accept, or contract for the services of personnel from any state or the United States or any subdivision or agency thereof, from any interstate agency, or from any institution, person, firm or corporation.
(h) The Board may accept for any of its purposes and functions under this compact any and all donations, and grants of money, equipment, supplies, materials and services (conditional or otherwise) from any state or the United States or any subdivision or agency thereof, or interstate agency, or from any institution, person, firm, or corporation, and may receive, utilize, and dispose of the same. The nature, amount and conditions, if any, attendant upon any donation or grant accepted pursuant to this paragraph or upon any borrowing pursuant to paragraph (g) of this Article, together with the identity of the donor, grantor or lender, shall be detailed in the annual report of the Board.
(i) The Board may establish and maintain such facilities as may be necessary for the transacting of its business. The Board may acquire, hold, and convey real and personal property and any interest therein.
(j) The Board shall adopt bylaws, rules, and regulations for the conduct of its business, and shall have the power to amend and rescind these bylaws, rules, and regulations. The Board shall publish its bylaws, rules, and regulations in convenient form and shall file a copy thereof, and shall also file a copy of any amendment thereto, with the appropriate agency or officer in each of the party states.
(k) The Board annually shall make to the governor of each party state, a report covering the activities of the Board for the preceding year, and embodying such recommendations as may have been adopted by the Board, which report shall be transmitted to the legislature of said state. The Board may issue such additional reports as it may deem desirable.
ARTICLE III. FINANCES
(a) The Board shall submit to the governor or designated officer or officers of each party state a budget of its estimated expenditures for such period as may be required by the laws of that jurisdiction for presentation to the legislature thereof.
(b) Each of the Board’s budgets of estimated expenditures shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states. Each of the Board’s requests for appropriations pursuant to a budget of estimated expenditures shall be apportioned equally among the party states. Subject to appropriation by their respective legislatures, the Board shall be provided with such funds by each of the party states as are necessary to provide the means of establishing and maintaining facilities, a staff of personnel, and such activities as may be necessary to fulfill the powers and duties imposed upon and entrusted to the Board.
(c) The Board may meet any of its obligations in whole or in part with funds available to it under Article II (h) of this compact, provided that the Board takes specific action setting aside such funds prior to the incurring of any obligation to be met in whole or in part in this manner. Except where the Board makes use of funds available to it under Article II (h) hereof, the Board shall not incur any obligation prior to the allotment of funds by the party jurisdictions adequate to meet the same.
(d) Any expenses and any other costs for each member of the Board in attending Board meetings shall be met by the Board.
(e) The Board shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Board shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Board shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become a part of the annual report of the Board.
(f) The Accounts of the Board shall be open at any reasonable time for inspection to persons authorized by the Board, and duly designated representatives of governments contributing to the Board’s support.
ARTICLE IV. ADVISORY COMMITTEES
The Board may establish such advisory and technical committees as it may deem necessary, membership on which may include but not be limited to private citizens, expert and lay personnel, representatives of industry, labor, commerce, agriculture, civic associations, medicine, education, voluntary health agencies, and officials of local, State and Federal Government, and may cooperate with and use the services of any such committees and the organizations which they represent in furthering any of its activities under this compact.
ARTICLE V. POWERS
The Board shall have power to—
(a) Encourage and promote cooperation among the party states in the development and utilization of nuclear and related technologies and their application to industry and other fields.
(b) Ascertain and analyze on a continuing basis the position of the West with respect to the employment in industry of nuclear and related scientific findings and technologies.
(c) Encourage the development and use of scientific advances and discoveries in nuclear facilities, energy, materials, products, by-products, and all other appropriate adaptations of scientific and technological advances and discoveries.
(d) Collect, correlate, and disseminate information relating to the peaceful uses of nuclear energy, materials, and products, and other products and processes resulting from the application of related science and technology.
(e) Encourage the development and use of nuclear energy, facilities, installations, and products as part of a balanced economy.
(f) Conduct, or cooperate in conducting, programs of training for state and local personnel engaged in any aspects of:
1. Nuclear industry, medicine, or education, or the promotion or regulation thereof.
2. Applying nuclear scientific advances or discoveries, and any industrial commercial or other processes resulting therefrom.
3. The formulation or administration of measures designed to promote safety in any matter related to the development, use or disposal of nuclear energy, materials, products, by-products, installations, or wastes, or to safety in the production, use and disposal of any other substances peculiarly related thereto.
(g) Organize and conduct, or assist and cooperate in organizing and conducting, demonstrations or research in any of the scientific, technological or industrial fields to which this compact relates.
(h) Undertake such nonregulatory functions with respect to nonnuclear sources of radiation as may promote the economic development and general welfare of the West.
(i) Study industrial, health, safety, and other standards, laws, codes, rules, regulations, and administrative practices in or related to nuclear fields.
(j) Recommend such changes in, or amendments or additions to the laws, codes, rules, regulations, administrative procedures and practices or local laws or ordinances of the party states of their subdivisions in nuclear and related fields, as in its judgment may be appropriate. Any such recommendations shall be made through the appropriate state agency, with due consideration of the desirability of uniformity but shall also give appropriate weight to any special circumstances which may justify variations to meet local conditions.
(k) Consider and make recommendations designed to facilitate the transportation of nuclear equipment, materials, products, by-products, wastes, and any other nuclear or related substances, in such manner and under such conditions as will make their availability or disposal practicable on an economic and efficient basis.
(l) Consider and make recommendations with respect to the assumption of and protection against liability actually or potentially incurred in any phase of operations in nuclear and related fields.
(m) Advise and consult with the federal government concerning the common position of the party states or assist party states with regard to individual problems where appropriate in respect to nuclear and related fields.
(n) Cooperate with the Atomic Energy Commission, the National Aeronautics and Space Administration, the Office of Science and Technology, or any agencies successor thereto, any other officer or agency of the United States, and any other governmental unit or agency or officer thereof, and with any private persons or agencies in any of the fields of its interest.
(o) Act as licensee, contractor or subcontractor of the United States Government or any party state with respect to the conduct of any research activity requiring such license or contract and operate such research facility or undertake any program pursuant thereto, provided that this power shall be exercised only in connection with the implementation of one or more other powers conferred upon the Board by this compact.
(p) Prepare, publish and distribute (with or without charge) such reports, bulletins, newsletters or other materials as it deems appropriate.
(q) Ascertain from time to time such methods, practices, circumstances, and conditions as may bring about the prevention and control of nuclear incidents in the area comprising the party states, to coordinate the nuclear incident prevention and control plans and the work relating thereto of the appropriate agencies of the party states and to facilitate the rendering of aid by the party states to each other in coping with nuclear incidents.
The Board may formulate and, in accordance with need from time to time, revise a regional plan or regional plans for coping with nuclear incidents within the territory of the party states as a whole or within any subregion or subregions of the geographic area covered by this compact.
Any nuclear incident plan in force pursuant to this paragraph shall designate the official or agency in each party state covered by the plan who shall coordinate requests for aid pursuant to Article VI of this compact and the furnishing of aid in response thereto.
Unless the party states concerned expressly otherwise agree, the Board shall not administer the summoning and dispatching of aid, but this function shall be undertaken directly by the designated agencies and officers of the party states.
However, the plan or plans of the Board in force pursuant to this paragraph shall provide for reports to the Board concerning the occurrence of nuclear incidents and the requests for aid on account thereof, together with summaries of the actual working and effectiveness of mutual aid in particular instances.
From time to time, the Board shall analyze the information gathered from reports of aid pursuant to Article VI and such other instances of mutual aid as may have come to its attention, so that experience in the rendering of such aid may be available.
(r) Prepare, maintain, and implement a regional plan or regional plans for carrying out the duties, powers, or functions conferred upon the Board by this compact.
(s) Undertake responsibilities imposed or necessarily involved with regional participation pursuant to such cooperative programs of the federal government as are useful in connection with the fields covered by this compact.
ARTICLE VI. MUTUAL AID
(a) Whenever a party state, or any state or local governmental authorities therein, request aid from any other party state pursuant to this compact in coping with a nuclear incident, it shall be the duty of the requested state to render all possible aid to the requesting state which is consonant with the maintenance of protection of its own people.
(b) Whenever the officers or employees of any party state are rendering outside aid pursuant to the request of another party state under this compact, the officers or employees of such state shall, under the direction of the authorities of the state to which they are rendering aid, have the same powers, duties, rights, privileges and immunities as comparable officers and employees of the state to which they are rendering aid.
(c) No party state or its officers or employees rendering outside aid pursuant to this compact shall be liable on account of any act or omission on their part while so engaged, or on account of the maintenance or use of any equipment or supplies in connection therewith.
(d) All liability that may arise either under the laws of the requesting state or under the laws of the aiding state or under the laws of a third state on account of or in connection with a request for aid, shall be assumed and borne by the requesting state.
(e) Any party state rendering outside aid pursuant to this compact shall be reimbursed by the party state receiving such aid for any loss or damage to, or expense incurred in the operation of any equipment answering a request for aid, and for the cost of all materials, transportation, wages, salaries and maintenance of officers, employees and equipment incurred in connection with such request: provided that nothing herein contained shall prevent any assisting party state from assuming such loss, damage, expense or other cost or from loaning such equipment or from donating such services to the receiving party state without charge or cost.
(f) Each party state shall provide for the payment of compensation and death benefits to injured officers and employees and the representatives of deceased officers and employees in case officers or employees sustain injuries or death while rendering outside aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within the state by or in which the officer or employee was regularly employed.
ARTICLE VII. SUPPLEMENTARY AGREEMENTS
(a) To the extent that the Board has not undertaken an activity or project which would be within its power under the provisions of Article V of this compact, any two or more of the party states (acting by their duly constituted administrative officials) may enter into supplementary agreements for the undertaking and continuance of such an activity or project. Any such agreement shall specify the purpose or purposes; its duration and the procedure for termination thereof or withdrawal therefrom; the method of financing and allocating the costs of the activity or project; and such other matters as may be necessary or appropriate.
No such supplementary agreement entered into pursuant to this article shall become effective prior to its submission to and approval by the Board. The Board shall give such approval unless it finds that the supplementary agreement or activity or project contemplated thereby is inconsistent with the provisions of this compact or a program or activity conducted by or participated in by the Board.
(b) Unless all of the party states participate in a supplementary agreement, any cost or costs thereof shall be borne separately by the states party thereto. However, the Board may administer or otherwise assist in the operation of any supplementary agreement.
(c) No party to a supplementary agreement entered into pursuant to this article shall be relieved thereby of any obligation or duty assumed by said party state under or pursuant to this compact, except that timely and proper performance of such obligation or duty by means of the supplementary agreement may be offered as performance pursuant to the compact.
(d) The provisions of this Article shall apply to supplementary agreements and activities thereunder, but shall not be construed to repeal or impair any authority which officers or agencies of party states may have pursuant to other laws to undertake cooperative arrangements or projects.
ARTICLE VIII. OTHER LAWS AND RELATIONS
Nothing in this compact shall be construed to—
(a) Permit or require any person or other entity to avoid or refuse compliance with any law, rule, regulation, order or ordinance of a party state or subdivision thereof now or hereafter made, enacted or in force.
(b) Limit, diminish, or otherwise impair jurisdiction exercised by the Atomic Energy Commission, any agency successor thereto, or any other federal department, agency or officer pursuant to and in conformity with any valid and operative act of Congress, nor limit, diminish, affect, or otherwise impair jurisdiction exercised by any officer or agency of a party state, except to the extent that the provisions of this compact may provide therefor.
(c) Alter the relations between and respective internal responsibilities of the government of a party state and its subdivisions.
(d) Permit or authorize the Board to own or operate any facility, reactor, or installation for industrial or commercial purposes.
ARTICLE IX. ELIGIBLE PARTIES, ENTRY INTO FORCE AND WITHDRAWAL
(a) Any or all of the states of Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming shall be eligible to become party to this compact.
(b) As to any eligible party state, this compact shall become effective when its legislature shall have enacted the same into law: Provided, that it shall not become initially effective until enacted into law by five states.
(c) Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until two years after the Governor of the withdrawing state has given notice in writing of the withdrawal to the Governors of all other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.
(d) Guam and American Samoa, or either of them may participate in the compact to such extent as may be mutually agreed by the Board and the duly constituted authorities of Guam or American Samoa, as the case may be. However, such participation shall not include the furnishing or receipt of mutual aid pursuant to Article VI, unless that Article has been enacted or otherwise adopted so as to have the full force and effect of law in the jurisdiction affected. Neither Guam nor American Samoa shall be entitled to voting participation on the Board, unless it has become a full party to the compact.
ARTICLE X. SEVERABILITY AND CONSTRUCTION
The provisions of this compact and of any supplementary agreement entered into hereunder shall be severable and if any phrase, clause, sentence or provision of this compact or such supplementary agreement is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact or such supplementary agreement and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact or any supplementary agreement entered into hereunder shall be held contrary to the constitution of any state participating therein, the compact or such supplementary agreement shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. The provisions of this compact and of any supplementary agreement entered into pursuant thereto shall be liberally construed to effectuate the purposes thereof.
(Added to NRS by 1969, 1138)
NRS 459.002 Appointment of member of Board by Governor. The Governor shall appoint the member of the Western Interstate Nuclear Board to represent this state.
(Added to NRS by 1969, 1146)
NRS 459.003 Alternate member: Designation; powers and duties. The member representing this State on the Western Interstate Nuclear Board may be represented thereon by an alternate designated by him or her. Any such alternate may discharge the member’s duties and perform the member’s functions to the extent and during the time designated by the member, pursuant to Article II (a) of the Compact.
(Added to NRS by 1969, 1146)
NRS 459.004 Bylaws, rules and regulations filed with Secretary of State. Pursuant to Article II (j) of the Compact, the Western Interstate Nuclear Board shall file copies of its bylaws, rules and regulations, and of any amendments thereto, with the Secretary of State.
(Added to NRS by 1969, 1146)
NRS 459.005 Applicability of Nevada Industrial Insurance Act to persons dispatched to another state. The provisions of the Nevada Industrial Insurance Act, chapters 616A to 616D, inclusive, of NRS, and any benefits payable thereunder shall apply and be payable to any persons dispatched to another state pursuant to Article VI of the Compact. If the persons so dispatched are officers or employees of any political subdivision of this State, they are entitled to the same compensation or other benefits in case of injury or death to which they would have been entitled had such injury or death occurred while coping with a nuclear incident in their respective jurisdictions and in their regular employment.
(Added to NRS by 1969, 1146)
ROCKY MOUNTAIN LOW-LEVEL RADIOACTIVE WASTE COMPACT
NRS 459.007 Enactment; text. The Rocky Mountain Low-level Radioactive Waste Compact, referred to as the “compact” in this section and NRS 459.008 is hereby enacted into law and entered into with all jurisdictions legally joining therein, in the form substantially as follows:
ARTICLE 1
FINDINGS AND PURPOSE
A. The party states agree that each state is responsible for providing for the management of low-level radioactive waste generated within its borders, except for waste generated as a result of defense activities of the Federal Government or federal research and development activities. Moreover, the party states find that the United States Congress, by enacting the Low-Level Radioactive Waste Policy Act (Public Law 96-573), has encouraged the use of interstate compacts to provide for the establishment and operation of facilities for regional management of low-level radioactive waste.
B. It is the purpose of the party states, by entering into an interstate compact, to establish the means for cooperative effort in managing low-level radioactive waste; to ensure the availability and economic viability of sufficient facilities for the proper and efficient management of low-level radioactive waste generated within the region while preventing unnecessary and uneconomic proliferation of such facilities; to encourage reduction of the volume of low-level radioactive waste requiring disposal within the region; to restrict management within the region of low-level radioactive waste generated outside the region; to distribute the costs, benefits and obligations of low-level radioactive waste management equitably among the party states; and by these means to promote the health, safety and welfare of the residents within the region.
ARTICLE 2
DEFINITIONS
As used in this compact, unless the context clearly indicates otherwise:
A. “Board” means the Rocky Mountain low-level radioactive waste board;
B. “Carrier” means a person who transports low-level waste;
C. “Disposal” means the isolation of waste from the biosphere, with no intention of retrieval, such as by land burial;
D. “Facility” means any property, equipment or structure used or to be used for the management of low-level waste;
E. “Generate” means to produce low-level waste;
F. “Host state” means a party state in which a regional facility is located or being developed;
G. “Low-level waste” or “waste” means radioactive waste, other than:
(1) Waste generated as a result of defense activities of the Federal Government or federal research and development activities;
(2) High-level waste such as irradiated reactor fuel, liquid waste from reprocessing irradiated reactor fuel, or solids into which any such liquid waste has been converted;
(3) Waste material containing transuranic elements with contamination levels greater than 10 nanocuries per gram of waste material;
(4) By-product material as defined in section 11 e. (2) of the Atomic Energy Act of 1954, as amended on November 8, 1978; or
(5) Wastes from mining, milling, smelting, or similar processing of ores and mineral-bearing material primarily for minerals other than radium;
H. “Management” means collection, consolidation, storage, treatment, incineration or disposal;
I. “Operator” means a person who operates a regional facility;
J. “Person” means an individual, corporation, partnership or other legal entity, whether public or private;
K. “Region” means the combined geographical area within the boundaries of the party states; and
L. “Regional facility” means a facility within any party state which either:
(1) Has been approved as a regional facility by the board; or
(2) Is the low-level waste facility in existence on January 1, 1982, at Beatty, Nevada.
ARTICLE 3
RIGHTS, RESPONSIBILITIES AND OBLIGATIONS
A. There shall be regional facilities sufficient to manage the low-level waste generated within the region. At least one regional facility shall be open and operating in a party state other than Nevada within 6 years after this compact becomes law in Nevada and in one other state.
B. Low-level waste generated within the region shall be managed at regional facilities without discrimination among the party states; provided, however, that a host state may close a regional facility when necessary for public health or safety.
C. Each party state which, according to reasonable projections made by the board, is expected to generate 20 percent or more in cubic feet except as otherwise determined by the board of the low-level waste generated within the region has an obligation to become a host state in compliance with subsection D of this article.
D. A host state, or a party state seeking to fulfill its obligation to become a host state, shall:
(1) Cause a regional facility to be developed on a timely basis as determined by the board, and secure the approval of such regional facility by the board as provided in article 4 before allowing site preparation or physical construction to begin;
(2) Ensure by its own law, consistent with any applicable federal law, the protection and preservation of public health and safety in the siting, design, development, licensure or other regulation, operation, closure, decommissioning and long-term care of the regional facilities within the state;
(3) Subject to the approval of the board, ensure that charges for management of low-level waste at the regional facilities within the state are reasonable;
(4) Solicit comments from each other party state and the board regarding siting, design, development, licensure or other regulation, operation, closure, decommissioning and long-term care of the regional facilities within the state and respond in writing to such comments;
(5) Submit an annual report to the board which contains projections of the anticipated future capacity and availability of the regional facilities within the state, together with other information required by the board; and
(6) Notify the board immediately if any exigency arises requiring the possible temporary or permanent closure of a regional facility within the state at a time earlier than was projected in the state’s most recent annual report to the board.
E. Once a party state has served as a host state, it shall not be obligated to serve again until each other party state having an obligation under subsection C of this article has fulfilled that obligation. Nevada, already being a host state, shall not be obligated to serve again as a host state until every other party state has so served.
F. Each party state:
(1) Agrees to adopt and enforce procedures requiring low-level waste shipments originating within its borders and destined for a regional facility to conform to packaging and transportation requirements and regulations. Such procedures shall include but are not limited to:
(a) Periodic inspections of packaging and shipping practices;
(b) Periodic inspections of waste containers while in the custody of carriers; and
(c) Appropriate enforcement actions with respect to violations;
(2) Agrees that after receiving notification from a host state that a person in the party state has violated packaging, shipping or transportation requirements or regulations, it shall take appropriate action to ensure that violations do not recur. Appropriate action may include but is not limited to the requirement that a bond be posted by the violator to pay the cost of repackaging at the regional facility and the requirement that future shipments be inspected;
(3) May impose fees to recover the cost of the practices provided for in paragraphs (1) and (2) of this subsection;
(4) Shall maintain an inventory of all generators within the state that may have low-level waste to be managed at a regional facility; and
(5) May impose requirements or regulations more stringent than those required by this subsection.
ARTICLE 4
BOARD APPROVAL OF REGIONAL FACILITIES
A. Within 90 days after being requested to do so by a party state, the board shall approve or disapprove a regional facility to be located within that state.
B. A regional facility shall be approved by the board if and only if the board determines that:
(1) There will be, for the foreseeable future, sufficient demand to render operation of the proposed facility economically feasible without endangering the economic feasibility of operation of any other regional facility; and
(2) The facility will have sufficient capacity to serve the needs of the region for a reasonable period of years.
ARTICLE 5
SURCHARGES
A. The board shall impose a compact surcharge per unit of waste received at any regional facility. The surcharge shall be adequate to pay the costs and expenses of the board in the conduct of its authorized activities and may be increased or decreased as the board deems necessary.
B. A host state may impose a state surcharge per unit of waste received at any regional facility within the state. The host state may fix and change the amount of the state surcharge subject to approval by the board. Money received from the state surcharge may be used by the host state for any purpose authorized by its own law, including but not limited to costs of licensure and regulatory activities related to the regional facility, reserves for decommissioning and long-term care of the regional facility and local impact assistance.
ARTICLE 6
THE BOARD
A. The Rocky Mountain low-level radioactive waste board, which shall not be an agency or instrumentality of any party state, is created.
B. The board shall consist of one member from each party state. Each party state shall determine how and for what term its member shall be appointed, and how and for what term any alternate may be appointed to perform that member’s duties on the board in the member’s absence.
C. Each party state is entitled to one vote. A majority of the board constitutes a quorum. Unless otherwise provided in this compact, a majority of the total number of votes on the board is necessary for the board to take any action.
D. The board shall meet at least once a year and otherwise as its business requires. Meetings of the board may be held in any place within the region deemed by the board to be reasonably convenient for the attendance of persons required or entitled to attend and where adequate accommodations may be found. Reasonable public notice and opportunity for comment shall be given with respect to any meeting; provided, however, that nothing in this subsection shall preclude the board from meeting in executive session when seeking legal advice from its attorneys or when discussing the employment, discipline or termination of any of its employees.
E. The board shall pay necessary travel and reasonable per diem expenses of its members, alternates and advisory committee members.
F. The board shall organize itself for the efficient conduct of its business. It shall adopt and publish rules consistent with this compact regarding its organization and procedures. In special circumstances the board, with unanimous consent of its members, may take actions by telephone; provided, however, that any action taken by telephone shall be confirmed in writing by each member within 30 days. Any action taken by telephone shall be noted in the minutes of the board.
G. The board may use for its purposes the services of any personnel or other resources which may be offered by any party state.
H. The board may establish its offices in space provided for that purpose by any of the party states or, if space is not provided or is deemed inadequate, in any space within the region selected by the board.
I. Consistent with available funds, the board may contract for necessary personnel services and may employ such staff as it deems necessary to carry out its duties. Staff shall be employed without regard for the personnel, civil service or merit system laws of any of the party states and shall serve at the pleasure of the board. The board may provide appropriate employee benefit programs for its staff.
J. The board shall establish a fiscal year which conforms to the extent practicable to the fiscal years of the party states.
K. The board shall keep an accurate account of all receipts and disbursements. An annual audit of the books of the board shall be conducted by an independent certified public accountant, and the audit report shall be made a part of the annual report of the board.
L. The board shall prepare and include in the annual report a budget showing anticipated receipts and disbursements for the ensuing year.
M. Upon legislative enactment of this compact, each party state shall appropriate $70,000 to the board to support its activities prior to the collection of sufficient funds through the compact surcharge imposed pursuant to subsection A of article 5 of this compact.
N. The board may accept any donations, grants, equipment, supplies, materials or services, conditional or otherwise, from any source. The nature, amount and condition, if any, attendant upon any donation, grant or other resources accepted pursuant to this subsection, together with the identity of the donor or grantor, shall be detailed in the annual report of the board.
O. In addition to the powers and duties conferred upon the board pursuant to other provisions of this compact, the board:
(1) Shall submit communications to the governors and to the presiding officers of the legislatures of the party states regarding the activities of the board, including an annual report to be submitted by December 15;
(2) May assemble and make available to the governments of the party states and to the public through its members information concerning low-level waste management needs, technologies and problems;
(3) Shall keep a current inventory of all generators within the region, based upon information provided by the party states;
(4) Shall keep a current inventory of all regional facilities, including information on the size, capacity, location, specific wastes capable of being managed and the projected useful life of each regional facility;
(5) May keep a current inventory of all low-level waste facilities in the region, based upon information provided by the party states;
(6) Shall ascertain on a continuing basis the needs for regional facilities and capacity to manage each of the various classes of low-level waste;
(7) May develop a regional low-level waste management plan;
(8) May establish such advisory committees as it deems necessary for the purpose of advising the board on matters pertaining to the management of low-level waste;
(9) May contract as it deems appropriate to accomplish its duties and effectuate its powers, subject to its projected available resources; but no contract made by the board shall bind any party state;
(10) Shall make suggestions to appropriate officials of the party states to ensure that adequate emergency response programs are available for dealing with any exigency that might arise with respect to low-level waste transportation or management;
(11) Shall prepare contingency plans, with the cooperation and approval of the host state, for management of low-level waste in the event any regional facility should be closed;
(12) May examine all records of operators of regional facilities pertaining to operating costs, profits or the assessment or collection of any charge, fee or surcharge;
(13) Shall have the power to sue; and
(14) When authorized by unanimous vote of its members, may intervene as of right in any administrative or judicial proceeding involving low-level waste.
ARTICLE 7
PROHIBITED ACTS AND PENALTIES
A. It shall be unlawful for any person to dispose of low-level waste within the region, except at a regional facility; provided, however, that a generator who, prior to January 1, 1982, had been disposing of only his or her own waste on his or her own property may, subject to applicable federal and state law, continue to do so.
B. After January 1, 1986, it shall be unlawful for any person to export low-level waste which was generated within the region outside the region unless authorized to do so by the board. In determining whether to grant such authorization, the factors to be considered by the board shall include, but not be limited to, the following:
(1) The economic impact of the export of the waste on the regional facilities;
(2) The economic impact on the generator of refusing to permit the export of the waste; and
(3) The availability of a regional facility appropriate for the disposal of the waste involved.
C. After January 1, 1986, it shall be unlawful for any person to manage any low-level waste within the region unless the waste was generated within the region or unless authorized to do so both by the board and by the state in which that management takes place. In determining whether to grant such authorization, the factors to be considered by the board shall include, but not be limited to, the following:
(1) The impact of importing waste on the available capacity and projected life of the regional facilities;
(2) The economic impact on the regional facilities; and
(3) The availability of a regional facility appropriate for the disposal of the type of waste involved.
D. It shall be unlawful for any person to manage at a regional facility any radioactive waste other than low-level waste as defined in this compact, unless authorized to do so both by the board and the host state. In determining whether to grant such authorization, the factors to be considered by the board shall include, but not be limited to, the following:
(1) The impact of allowing such management on the available capacity and projected life of the regional facilities;
(2) The availability of a facility appropriate for the disposal of the type of waste involved;
(3) The existence of transuranic elements in the waste; and
(4) The economic impact on the regional facilities.
E. Any person who violates subsection A or B of this article shall be liable to the board for a civil penalty not to exceed 10 times the charges which would have been charged for disposal of the waste at a regional facility.
F. Any person who violates subsection C or D of this article shall be liable to the board for a civil penalty not to exceed 10 times the charges which were charged for management of the waste at a regional facility.
G. The civil penalties provided for in subsections E and F of this article may be enforced and collected in any court of general jurisdiction within the region where necessary jurisdiction is obtained by an appropriate proceeding commenced on behalf of the board by the attorney general of the party state wherein the proceeding is brought or by other counsel authorized by the board. In any such proceeding, the board, if it prevails, is entitled to recover reasonable attorney’s fees as part of its costs.
H. Out of any civil penalty collected for a violation of subsection A or B of this article, the board shall pay to the appropriate operator a sum sufficient in the judgment of the board to compensate the operator for any loss of revenue attributable to the violation. Such compensation may be subject to state and compact surcharges as if received in the normal course of the operator’s business. The remainder of the civil penalty collected shall be allocated by the board. In making such allocation, the board shall give first priority to the needs of the long-term care funds in the region.
I. Any civil penalty collected for a violation of subsection C or D of this article shall be allocated by the board. In making such allocation, the board shall give first priority to the needs of the long-term care funds in the region.
J. Violations of subsection A, B, C, or D of this article may be enjoined by any court of general jurisdiction within the region where necessary jurisdiction is obtained in any appropriate proceeding commenced on behalf of the board by the attorney general of the party state wherein the proceeding is brought or by other counsel authorized by the board. In any such proceeding, the board, if it prevails, is entitled to recover reasonable attorney’s fees as part of its costs.
K. No state attorney general shall be required to bring any proceeding under any subsection of this article, except upon his or her consent.
ARTICLE 8
ELIGIBILITY, ENTRY INTO EFFECT, CONGRESSIONAL CONSENT, WITHDRAWAL, EXCLUSION
A. Arizona, Colorado, Nevada, New Mexico, Utah and Wyoming are eligible to become parties to this compact. Any other state may be made eligible by unanimous consent of the board.
B. An eligible state may become a party state by legislative enactment of this compact or by executive order of its governor adopting this compact; provided, however, a state becoming a party by executive order shall cease to be a party state upon adjournment of the first general session of its legislature convened thereafter, unless before such adjournment the legislature shall have enacted this compact.
C. This compact shall take effect when it has been enacted by the legislatures of two eligible states. However, subsections B and C of article 7 shall not take effect until Congress has by law consented to this compact. Every 5 years after such consent has been given, Congress may by law withdraw its consent.
D. A state which has become a party state by legislative enactment may withdraw by legislation repealing its enactment of this compact; but no such repeal shall take effect until 2 years after enactment of the repealing legislation. If the withdrawing state is a host state, any regional facility in that state shall remain available to receive low-level waste generated within the region until 5 years after the effective date of the withdrawal; provided, however, this provision shall not apply to the existing facility in Beatty, Nevada.
E. A party state may be excluded from this compact by a two-thirds’ vote of the members representing the other party states, acting in a meeting, on the ground that the state to be excluded has failed to carry out its obligations under this compact. Such an exclusion may be terminated upon a two-thirds’ vote of the members acting in a meeting.
ARTICLE 9
CONSTRUCTION AND SEVERABILITY
A. The provisions of this compact shall be broadly construed to carry out the purposes of the compact.
B. Nothing in this compact shall be construed to affect any judicial proceeding pending on the effective date of this compact.
C. If any part or application of this compact is held invalid, the remainder, or its application to other situations or persons, shall not be affected.
(Added to NRS by 1983, 1251)
NRS 459.008 Appointment of member of Board by Governor; designation of alternate member.
1. The Governor shall appoint the member of the Rocky Mountain Low-Level Radioactive Waste Board to represent this State. The member serves at the pleasure of the Governor.
2. The member representing this State on the Rocky Mountain Low-Level Radioactive Waste Board may, in the member’s absence, be represented on the Board by an alternate designated by the member. Such an alternate may discharge the member’s duties and perform the member’s functions to the extent and during the time designated by the member, pursuant to subsection B of article 6 of the Compact.
(Added to NRS by 1983, 1259)
NRS 459.0083 State surcharge: Imposition; collection; distribution; deposit for credit to Fund for Care of Sites for Disposal of Radioactive Waste. There is hereby imposed a state surcharge of $2 per cubic foot of radioactive waste received at Nevada’s regional facility in Beatty. This state surcharge must be collected at the same time and in the manner provided for the compact surcharge collected pursuant to Article 5 of the Rocky Mountain Low-level Radioactive Waste Compact. Any money collected pursuant to this section which is not otherwise distributed by specific legislative appropriation must be deposited with the State Treasurer for credit to the Fund for the Care of Sites for the Disposal of Radioactive Waste created pursuant to NRS 459.231.
(Added to NRS by 1987, 1748; A 1997, 125)
NUCLEAR PROJECTS
NRS 459.009 Definitions. As used in NRS 459.009 to 459.0098, inclusive, unless the context otherwise requires:
1. “Agency” means the Agency for Nuclear Projects.
2. “Commission” means the Commission on Nuclear Projects.
3. “Executive Director” means the Executive Director of the Agency.
4. “Radioactive waste” is limited to:
(a) The highly radioactive material resulting from the reprocessing of spent nuclear fuel, including liquid waste and any solid material derived from the liquid waste that contains concentrations of matter produced by nuclear fission sufficient to require permanent isolation, as determined by the Nuclear Regulatory Commission;
(b) Spent nuclear fuel that has been withdrawn from a reactor following irradiation and has not been separated into its constituent elements by reprocessing; and
(c) Other material that the Nuclear Regulatory Commission determines must be permanently isolated.
(Added to NRS by 1985, 2303)
NRS 459.0091 Commission on Nuclear Projects: Creation; membership; terms and salary of members.
1. The Commission on Nuclear Projects, consisting of seven members, is hereby created.
2. The Commission consists of:
(a) Three members of the Governor’s own choosing.
(b) Two members chosen by the Governor from a list of three names submitted to the Governor by the Legislative Commission.
(c) Two members chosen by the Governor, one of whom is chosen from a list of three names submitted to the Governor by a statewide organization of county governments and one of whom is chosen from a list of three names submitted to the Governor by a statewide organization of city governments.
3. The members of the Commission shall annually select a Chair from among themselves.
4. After the initial terms, members shall serve terms of 2 years.
5. Each member of the Commission is entitled to a salary of $80 for each day’s attendance at a meeting of the Commission.
(Added to NRS by 1985, 2303)
NRS 459.0092 Commission on Nuclear Projects: Duties. The Commission shall:
1. Be informed on issues and developments relating to the disposal of radioactive waste.
2. Report to the Governor and the Legislature on any matter relating to the disposal of radioactive waste which it deems appropriate and on any such matter requested by the Governor.
3. Advise and make recommendations to the Governor and the Legislature on the policy of this State concerning all projects involving the disposal of radioactive waste.
4. Formulate the administrative policies of the Agency and its divisions.
5. Advise the state and local governments on litigation relating to radioactive waste.
6. Adopt such regulations and perform such other duties as are necessary to carry out the provisions of NRS 459.009 to 459.0098, inclusive.
(Added to NRS by 1985, 2303)
NRS 459.0093 Agency for Nuclear Projects: Creation; composition; appointment and qualifications of Executive Director.
1. The Agency for Nuclear Projects is hereby created within the Office of the Governor. The Agency consists of the Commission and:
(a) The Division of Technical Programs.
(b) The Division of Planning.
2. The Governor shall appoint an Executive Director, who serves at the pleasure of the Commission, and who must:
(a) Be appointed from a list of three persons submitted to the Governor by the Commission.
(b) Possess broad management skills related to the functions of the Agency and have the ability to coordinate planning and communication among the Federal Government, the state and the local governments of this State on issues related to radioactive waste.
(Added to NRS by 1985, 2304; A 1993, 1630; 1995, 1455)
NRS 459.0094 Executive Director of Agency for Nuclear Projects: Duties. The Executive Director shall:
1. Appoint, with the consent of the Commission, an Administrator of each Division of the Agency.
2. Advise the Commission on matters relating to the potential disposal of radioactive waste in this State.
3. Evaluate the potentially adverse effects of a facility for the disposal of radioactive waste in this State.
4. Consult frequently with local governments and state agencies that may be affected by a facility for the disposal of radioactive waste and appropriate legislative committees.
5. Assist local governments in their dealings with the Department of Energy and its contractors on matters relating to radioactive waste.
6. Carry out the duties imposed on the State by 42 U.S.C. §§ 10101 to 10226, inclusive, as those sections existed on July 1, 1995.
7. Cooperate with any governmental agency or other person to carry out the provisions of NRS 459.009 to 459.0098, inclusive.
8. Provide semiannual written reports to the Joint Interim Standing Committees on Government Affairs, Growth and Infrastructure, Health and Human Services and Natural Resources. The reports must contain:
(a) A summary of the status of the activities undertaken by the Agency since the previous report;
(b) A description of all contracts the Agency has with natural persons or organizations, including, but not limited to, the name of the recipient of each contract, the amount of the contract, the duties to be performed under the contract, the manner in which the contract assists the Agency in achieving its goals and responsibilities and the status of the performance of the terms of the contract;
(c) The status of any litigation relating to the goals and responsibilities of the Agency to which the State of Nevada is a party; and
(d) Any other information requested by any of the Committees.
(Added to NRS by 1985, 2304; A 1995, 1455)
NRS 459.0095 Executive Director of Agency for Nuclear Projects: Powers. The Executive Director may:
1. Provide information relating to radioactive waste to the Legislature, local governments and state agencies that may be affected by the disposal of radioactive waste in this State.
2. Consult branches and facilities of the Nevada System of Higher Education or other institutions of higher education on matters relating to radioactive waste.
3. Employ, within the limitations of legislative authorization, technical consultants, specialists, investigators and other professional and clerical employees as are necessary to the performance of the duties of the Executive Director.
4. Make and execute contracts and all other instruments necessary for the exercise of the duties of the office.
5. Obtain equipment and supplies necessary to carry out the provisions of NRS 459.009 to 459.0098, inclusive.
(Added to NRS by 1985, 2304; A 1993, 407)
NRS 459.0096 Executive Director and Administrators: Administration of laws relating to Division; classification; certain other employment prohibited.
1. The Administrator of each Division shall administer the provisions of law relating to his or her Division under the supervision of the Executive Director.
2. The Executive Director and the Administrator of each Division:
(a) Are in the unclassified service of the State.
(b) Except as otherwise provided in NRS 284.143, shall devote their full time to the business of the Agency and not engage in any other gainful employment or occupation.
(Added to NRS by 1985, 2305; A 1995, 2315)
NRS 459.0097 Duties of Administrator of Division of Technical Programs. The Administrator of the Division of Technical Programs shall:
1. Evaluate the:
(a) Potential effects of radioactive waste upon the physical environment;
(b) Potential health hazards from the disposal of radioactive waste; and
(c) Design of and engineering techniques involved in a facility for the disposal of radioactive waste.
2. Assure the quality of techniques and procedures used in research involving radioactive waste and of any information developed as a result of the research.
3. Analyze the geological and technical information which would affect the feasibility and safety of locating a facility for the disposal of radioactive waste in this State.
4. Perform any other duties assigned to the Administrator by the Executive Director.
(Added to NRS by 1985, 2305)
NRS 459.0098 Duties of Administrator of Division of Planning. The Administrator of the Division of Planning shall:
1. Coordinate activities between the Agency, political subdivisions of the State and affected state agencies.
2. Disseminate information to the State, interested political subdivisions of the State or any agency of either and members of the public regarding radioactive waste.
3. Study the effects of a facility for the disposal of radioactive waste upon transportation and social and economic conditions in this State.
4. Assess the means of mitigating the adverse effects of a facility for the disposal of radioactive waste.
5. Perform any other duties assigned to the Administrator by the Executive Director.
(Added to NRS by 1985, 2305)
STATE CONTROL OF RADIATION
General Provisions
NRS 459.010 Definitions. As used in NRS 459.010 to 459.290, inclusive, unless the context requires otherwise:
1. “By-product material” means:
(a) Any radioactive material, except special nuclear material, yielded in or made radioactive by exposure to the radiation incident to the process of producing or making use of special nuclear material; and
(b) The tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore which is processed primarily for the extraction of the uranium or thorium.
2. “Division” means the Division of Public and Behavioral Health of the Department of Health and Human Services.
3. “General license” means a license effective pursuant to regulations adopted by the State Board of Health without the filing of an application to transfer, acquire, own, possess or use quantities of, or devices or equipment for utilizing, by-product material, source material, special nuclear material or other radioactive material occurring naturally or produced artificially.
4. “Ionizing radiation” means gamma rays and X-rays, alpha and beta particles, high-speed electrons, neutrons, protons and other nuclear particles, but not sound or radio waves, or visible, infrared or ultraviolet light.
5. “Person” includes any agency or political subdivision of this State, any other state or the United States, but not the Nuclear Regulatory Commission or its successor, or any federal agency licensed by the Nuclear Regulatory Commission or any successor to such a federal agency.
6. “Source material” means:
(a) Uranium, thorium or any other material which the Governor declares by order to be source material after the Nuclear Regulatory Commission or any successor thereto has determined that material to be source material.
(b) Any ore containing one or more of the materials enumerated in paragraph (a) in such concentration as the Governor declares by order to be source material after the Nuclear Regulatory Commission or any successor thereto has determined the material in the concentration to be source material.
7. “Special nuclear material” means:
(a) Plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235 and any other material which the Governor declares by order to be special nuclear material after the Nuclear Regulatory Commission or any successor thereto has determined such material to be special nuclear material, but does not include source material.
(b) Any material artificially enriched by any of the materials enumerated in paragraph (a), but does not include source material.
8. “Specific license” means a license issued pursuant to the filing of an application to use, manufacture, produce, transfer, receive, acquire, own or possess quantities of, or devices or equipment for utilizing, by-product material, source material, special nuclear material or other radioactive material occurring naturally or produced artificially.
(Added to NRS by 1963, 577; A 1975, 1327; 1979, 970; 1985, 517; 2011, 2053; 2013, 3064)
NRS 459.020 State agency for control of radiation. The Division is hereby designated as the state radiation control agency, and is authorized to take all action necessary or appropriate to carry out the provisions of NRS 459.010 to 459.290, inclusive.
(Added to NRS by 1963, 578; A 1975, 1328; 1979, 971)
NRS 459.030 Duties of state agency for control of radiation. For the protection of public health and safety, the Division shall:
1. Develop and conduct programs for the evaluation of and response to hazards associated with the use of sources of ionizing radiation.
2. Develop programs and formulate, with due regard for compatibility with federal programs, regulations for adoption by the State Board of Health regarding:
(a) Licensing and regulation of by-product materials, source materials, special nuclear materials and other radioactive materials, including radioactive waste.
(b) Control of other sources of ionizing radiation.
3. Adopt such regulations as may be necessary to administer the provisions of NRS 459.010 to 459.290, inclusive.
4. Collect and disseminate information relating to control of sources of ionizing radiation, including:
(a) Maintenance of a file of all license applications, issuances, denials, amendments, transfers, renewals, modifications, suspensions and revocations.
(b) Maintenance of a file of registrants possessing sources of ionizing radiation which require registration pursuant to the provisions of NRS 459.010 to 459.290, inclusive. The file must include a record of any administrative or judicial action pertaining to such registrants.
(c) Maintenance of a file of all regulations, pending or promulgated, relating to the regulation of sources of ionizing radiation, and any proceedings pertaining to the regulations.
(Added to NRS by 1963, 578; A 1975, 1329; 1981, 232; 1991, 211)
NRS 459.035 Applicant for registration of radiation machine to attest to proper licensure of employees; fees. The Division shall not issue or renew the registration of a radiation machine pursuant to regulations adopted by the State Board of Health unless the applicant for issuance or renewal of the registration:
1. Attests that the persons employed by the applicant to operate the radiation machine are properly licensed pursuant to chapter 653 of NRS or are exempt from the requirement to obtain such licensure pursuant to NRS 653.430.
2. Pays the fee prescribed by the State Board of Health pursuant to NRS 457.240, in addition to any fee for the issuance or renewal of the registration.
(Added to NRS by 2011, 2053; A 2019, 2708; 2021, 2258)
NRS 459.050 Inspections; confidentiality of report of inspection.
1. Any authorized representative of the Division may enter at any reasonable time upon any private or public property for the purpose of determining whether there is compliance with or violation of the provisions of NRS 459.010 to 459.290, inclusive, or of the rules and regulations promulgated under NRS 459.010 to 459.290, inclusive, and the owner, occupant or person in charge of such property shall permit such entry and inspection.
2. Entry into areas under the jurisdiction of the Federal Government shall be effected only with the concurrence of the Federal Government or its duly designated representative.
3. Any report of investigation or inspection, or any information concerning trade secrets or secret industrial processes obtained under NRS 459.010 to 459.290, inclusive, shall not be disclosed or opened to public inspection except as otherwise provided in NRS 239.0115 or as may be necessary for the performance of the functions of the State Board of Health.
(Added to NRS by 1963, 579; A 1975, 1330; 2007, 2112)
1. The Division shall require each person who acquires, possesses or uses a source of ionizing radiation to maintain:
(a) Records relating to the receipt, storage, transfer or disposal of such source.
(b) Appropriate records showing the radiation exposure of all individuals for whom personnel monitoring is required by the rules and regulations of the State Board of Health.
(c) Such other records as the Division may require, subject to such exemptions as may be provided by any rule or regulation promulgated by the State Board of Health.
2. Copies of any record enumerated in subsection 1 shall be submitted to the Division upon request by the Division.
(Added to NRS by 1963, 579; A 1975, 1330)
NRS 459.070 Report of exposure of personnel; regulations.
1. The State Board of Health shall adopt reasonable regulations, compatible with those of the Nuclear Regulatory Commission or any successor to it, pertaining to reports of exposure of personnel.
2. Such regulations must require that reports of excessive exposure be made to the person exposed and to the State Board of Health, and must make provision for periodic and terminal reports to persons for whom personnel monitoring is required.
3. The provisions of NRS 459.010 to 459.290, inclusive, with respect to the limits of the exposure of personnel established in regulations for radiation control do not limit the kind or amount of radiation which may be intentionally applied to a person for diagnostic or therapeutic purposes by or under the direction of a licensed practitioner of the healing arts.
(Added to NRS by 1963, 579; A 1975, 1330; 1983, 140)
NRS 459.080 Agreements between State and Federal Government.
1. The Governor, on behalf of this State, may enter into agreements with the Federal Government providing for discontinuance of certain responsibilities of the Federal Government relating to sources of ionizing radiation and the assumption of such responsibilities by this State.
2. Any person who, on the effective date of any such agreement, possesses a license issued by the Federal Government shall be deemed to possess such license pursuant to the provisions of NRS 459.010 to 459.290, inclusive.
3. Such license shall expire either 90 days after receipt from the State Board of Health of a notice of expiration of such license, or on the date of expiration specified in such license, whichever is the earlier.
(Added to NRS by 1963, 580)
NRS 459.090 Agreements concerning inspection; program for training.
1. The Division, on behalf of the State, may enter into one or more agreements with the Federal Government, any interstate agency or any other state committing this State to perform on a cooperative basis with the Federal Government, any interstate agency or any other state inspections or other functions relating to the control of sources of ionizing radiation.
2. The Division may institute training programs for the purpose of qualifying personnel to carry out the provisions of subsection 1, and may make such personnel available for participation in any program or programs of the Federal Government, any interstate agency or any other state in furtherance of the purposes of NRS 459.010 to 459.290, inclusive.
(Added to NRS by 1963, 580; A 1975, 1330)
NRS 459.100 Hearings; written decisions.
1. In any proceeding under NRS 459.010 to 459.290, inclusive, for the granting, amending, suspension or revocation of any license, or for determining compliance with, or granting exceptions to, regulations adopted in accordance with NRS 459.010 to 459.290, inclusive, the State Board of Health shall afford an opportunity for a hearing on the record upon the request of any person whose interest may be affected by such proceeding, and shall admit any such person as a party to such proceeding.
2. The Board shall render a written decision at the conclusion of every hearing, and the record and decision in every hearing shall be available for inspection by any interested person.
(Added to NRS by 1963, 580; A 1977, 74)
NRS 459.105 Disciplinary action by hearing officer or panel: Procedural requirements; powers and duties of officer or panel; judicial review.
1. Any disciplinary action taken by a hearing officer or panel pursuant to NRS 459.235 is subject to the same procedural requirements which apply to disciplinary actions taken by the State Board of Health pursuant to NRS 459.100, and the officer or panel has those powers and duties given to the Board in relation thereto.
2. A decision of the hearing officer or panel imposing an administrative penalty is a final decision for the purposes of judicial review.
(Added to NRS by 1983, 1531; A 1995, 1587)
NRS 459.120 Issuance of emergency regulation or order by Division.
1. If the Division finds that an emergency exists requiring immediate action to protect the public health and safety, the Division may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as is considered necessary to meet the emergency.
2. Any person to whom such an order is directed shall comply immediately with the order, but on application to the Division the person must be afforded a hearing.
3. The emergency order specified in subsection 1 must be continued, modified or revoked within 30 days after the hearing.
(Added to NRS by 1963, 581; A 1975, 1331; 1977, 75; 1995, 1588)
NRS 459.125 Department of Transportation to develop plan for routing shipments of controlled quantities of radioactive materials and high-level radioactive waste; cooperation with Federal Government, regional organizations and other states; regulations.
1. The Department of Transportation shall:
(a) Conduct an analysis of the risks involved in the transportation of controlled quantities of radioactive materials and high-level radioactive waste within this State;
(b) Consult with each regional transportation commission and the governing body of the largest city in each county which does not have a regional transportation commission to determine the safest routes for the transportation of controlled quantities of radioactive materials and high-level radioactive waste; and
(c) Develop and enforce a plan for the routing of shipments of controlled quantities of radioactive materials and high-level radioactive waste in this State.
2. The Department of Transportation shall cooperate with the United States Department of Transportation, interstate regional transportation commissions and states contiguous to Nevada to develop plans for the interstate routing of shipments of controlled quantities of radioactive materials and high-level radioactive waste.
3. The Department of Transportation may:
(a) Adopt regulations necessary to carry out the provisions of this section.
(b) Cooperate with federal, state and local governmental agencies that regulate other hazardous materials.
4. As used in this section, unless the context otherwise requires:
(a) “Controlled quantity” has the meaning ascribed to “highway route controlled quantity” in 49 C.F.R. § 173.403(l);
(b) “High-level radioactive waste” has the meaning ascribed to that term in 10 C.F.R. § 60.2; and
(c) “Radioactive material” has the meaning ascribed to that term in 49 C.F.R. § 173.403(y),
Ê as those sections existed on January 1, 1987.
(Added to NRS by 1987, 1521)
Possession, Transfer and Disposal of Radioactive Material
NRS 459.201 Licensing and registration of sources of ionizing radiation.
1. The State Board of Health shall, with due regard for compatibility with federal programs, adopt regulations for:
(a) General or specific licensing of persons to receive, possess or transfer radioactive materials, or devices or equipment utilizing such materials. Every such regulation shall provide for amendment, suspension or revocation of licenses.
(b) Licensing and regulation of by-product materials, source materials, special nuclear materials and other radioactive materials, including radioactive waste.
(c) Control of other sources of ionizing radiation.
2. The Division may require:
(a) Registration and inspection of sources of ionizing radiation which do not require specific licensing.
(b) Compliance with specific standards to be promulgated by the State Board of Health.
3. The State Board of Health may exempt certain sources of ionizing radiation, or kinds of uses or users of such sources, from the licensing or registration requirements set forth in this section if the Board makes a finding that the exemption of such sources of ionizing radiation, or kinds of uses or users of such sources, will not constitute a significant risk to the health and safety of the public.
4. Regulations promulgated pursuant to NRS 459.010 to 459.290, inclusive, may provide for recognition of such other state or federal licenses as the State Board of Health may consider desirable, subject to such registration requirements as the State Board of Health may prescribe.
(Added to NRS by 1963, 579; A 1967, 1175; 1973, 1406; 1975, 1329; 1981, 232)
NRS 459.211 Fees for operation or use of areas for storage and disposal owned by State; fee for revenue. The State Board of Health shall establish by regulation:
1. License fees and any other fees for the operation of state-owned areas in an amount sufficient to defray all costs of monitoring, securing or otherwise regulating the storage or disposal of radioactive materials. The person who contracts with the State for the operation of such an area is responsible for the payment of these fees.
2. Procedures for the collection of interest on delinquent fees and other accounts for the operation of disposal areas.
3. Penalties of no more than $3,000 per day for each separate failure to comply with an agreement, license, regulation or statute governing the operation of a disposal area.
4. License fees and other fees for the use of such an area to store or dispose of radioactive materials, which are chargeable against shippers or brokers in amounts sufficient to defray the costs to the State of inspecting, monitoring, securing or otherwise regulating their use of the area. In addition, the Board may establish by regulation a fee chargeable against shippers and brokers for revenue for the State of Nevada. Before establishing a fee for revenue, the Board must consider the amounts of the fees for licensing and disposal which are chargeable against the users of such areas in other states, in order that a shipper or broker be neither encouraged nor discouraged from disposing of such waste in this State, and that he or she base his or her decision about where to dispose of the waste primarily on the cost of transportation to the areas which are available for disposal. The regulations adopted pursuant to this subsection may include a method for the collection of fees from the users of an area, and each of the fees may be a percentage of the fee paid by a user to the operator of the area. The Board shall report to the Legislature at the end of January of odd-numbered years the amounts of revenue paid to the State for the use of such areas in the preceding biennium.
(Added to NRS by 1977, 112; A 1981, 233, 888)
NRS 459.221 License to use area for disposal required; violations concerning shipping; penalties; suspension, revocation or reinstatement of license.
1. A shipper or producer of radioactive waste, or a broker who receives such waste from another person for the purpose of disposal, shall not dispose of the waste in this State until he or she obtains a license from the Division to use the disposal area. The Division shall order a shipment of such waste from an unlicensed shipper or broker to be returned to him or her, except for a package which has leaked or spilled its contents, unless the package has been securely repackaged for return.
2. The Division shall issue a license to use a disposal area to a shipper or broker who demonstrates to the satisfaction of the Division that the shipper or broker will package and label the waste he or she transports or causes to be transported to the disposal area in conformity with the regulations of the State Board of Health. The Director of the Department of Health and Human Services may designate third parties to inspect and make recommendations concerning such shippers and brokers and their shipments.
3. A shipper or broker violates this section if the shipper or broker transports or causes to be transported to a disposal area any such waste:
(a) Which is not packaged or labeled in conformity with regulations of the State Board of Health;
(b) Which is not accompanied by a bill of lading or other shipping document prescribed by that Board; or
(c) Which leaks or spills from its package, unless, by way of affirmative defense, the shipper or broker proves that the carrier of the waste was responsible for the leak or spill,
Ê and if licensed by the Division, the shipper or broker may be assessed an administrative penalty by the Division of not more than $5,000, or if not licensed, the shipper or broker is guilty of a misdemeanor.
4. Each container of such waste which is not properly packaged or labeled, or leaks or spills its contents, constitutes a separate violation, but the total amount of the penalty or fine for any one shipment must not exceed $20,000. The Division in assessing an administrative penalty, or the court in imposing a fine for a misdemeanor, shall consider the substantiality of the violation and the injury or risk of injury to persons or property in this State.
5. The Division, or the Board pursuant to NRS 459.100, may suspend or revoke a license to use a disposal area if it finds that the licensee has violated any provision of this chapter. If a license has been revoked or suspended, it may be reinstated only if the licensee demonstrates to the Division that the licensee will comply with the provisions of this chapter in all future shipments of waste.
(Added to NRS by 1981, 230; 1983, 504)
NRS 459.231 Fund for Care of Sites for Disposal of Radioactive Waste: Creation; administration; deposits; investment; interest; income.
1. There is hereby created as a special revenue fund in the State Treasury a Fund for the Care of Sites for the Disposal of Radioactive Waste. The Director of the Department of Health and Human Services is responsible for the administration of the Fund. All money held by the State Treasurer or received by the Director for that purpose must be deposited in the Fund.
2. The money in the Fund must be invested as other state funds are invested. All interest earned on the deposit or investment of the money in the Fund must be credited to the Fund, except that all interest earned on the money in the Account created pursuant to section 5 of chapter 374, Statutes of Nevada 1961, must be credited to that Account.
3. The Director may expend the annual income from the Fund for the purpose for which the Fund is created, and any income of the Fund which is unexpended at the end of any year must be added to the principal of the Fund. Except as otherwise provided in section 5 of chapter 374, Statutes of Nevada 1961, the principal of the Fund may be expended if approved by the Legislature when in regular session or by the Interim Finance Committee when the Legislature is not in session. Claims against the Fund must be paid as other claims against the State are paid.
4. Notwithstanding the provisions of this section to the contrary, money in the Fund may be expended for any purpose authorized by the Legislature.
(Added to NRS by 1981, 231; A 1983, 310; 1997, 126; 2010, 26th Special Session, 18)
NRS 459.235 Deposit of penal fines; delegation of authority to take disciplinary action; deposit of fines imposed by State Board of Health; claims for attorney’s fees and costs of investigation.
1. All penal fines imposed in the name of a county for violations of the provisions of NRS 459.010 to 459.290, inclusive, or any regulation or order adopted or issued pursuant to those provisions, must be deposited in the Fund for the Care of Sites for the Disposal of Radioactive Waste.
2. The State Board of Health may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to NRS 459.010 to 459.290, inclusive, impose and collect administrative penalties therefor and deposit the money therefrom in the Fund for the Care of Sites for the Disposal of Radioactive Waste.
3. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 2 and the State Board of Health deposits the money collected from the imposition of administrative fines with the State Treasurer for credit to the State General Fund, it may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.
(Added to NRS by 1981, 231; A 1983, 1532; 1997, 126)
Enforcement, Violations and Penalties
NRS 459.250 Enforcement of certain provisions by peace officers of Nevada Highway Patrol; impounding or detaining of vehicles.
1. Peace officers of the Nevada Highway Patrol shall enforce those provisions of NRS 459.221 and 459.7052 to 459.728, inclusive, which govern the transport and handling of radioactive waste as they affect the safety of drivers or vehicles, the leakage or spill of radioactive waste from its package or the emission of ionizing radiation in an unsafe amount as established by the regulations of the State Board of Health.
2. The peace officer may:
(a) Impound a vehicle with unsafe equipment;
(b) Detain a vehicle, if any waste has leaked or spilled from its package or if the peace officer has detected the emission of ionizing radiation in an unsafe amount, and order the driver of the vehicle to park it in a safe place, as determined by an officer designated by the Division, pending remedial action by that Division; or
(c) Impound the vehicle or seize the license plates of the vehicle pursuant to the provisions of NRS 484A.805.
3. After a vehicle has been so detained, an officer designated by the Division may order:
(a) The vehicle to be impounded;
(b) The leaked or spilled waste to be cleaned up;
(c) The contents of any unsafe or leaking package to be repackaged; or
(d) Any other appropriate precaution or remedy,
Ê at the expense of the shipper or broker, carrier or other person who is responsible as determined by the Division.
(Added to NRS by 1981, 231; A 1985, 1996; 1993, 846; 1997, 2002; 1999, 3349; 2017, 982)
NRS 459.260 Suspension, revocation or amending of license or registration; impounding of sources of ionizing radiation by Division.
1. The Division may suspend, revoke or amend a license or registration issued pursuant to NRS 459.201 to a person who has violated any provision of NRS 459.010 to 459.290, inclusive, or any rule, regulation or order issued pursuant thereto.
2. In the event of an emergency, the Division may impound, or order the impounding of, sources of ionizing radiation in the possession of any person who is not equipped to observe, or who fails to observe, any provision of NRS 459.010 to 459.290, inclusive, or any rules or regulations issued under NRS 459.010 to 459.290, inclusive.
(Added to NRS by 1963, 581; A 1975, 1331; 2019, 2709)
NRS 459.270 Injunctive and other relief.
1. If, in the judgment of the Division, any person is engaged in or is about to engage in any act or practice which constitutes or will constitute a violation of any provision of NRS 459.010 to 459.290, inclusive, or any rule, regulation or order issued under NRS 459.010 to 459.290, inclusive, the Division may request the Attorney General to apply to the district court for an order enjoining such act or practice, or for an order directing compliance with any provision of NRS 459.010 to 459.290, inclusive, or any rule, regulation or order issued under NRS 459.010 to 459.290, inclusive.
2. Upon a showing by the Division that such person has engaged in or is about to engage in any such act or practice, a permanent or temporary injunction, restraining order or other appropriate order may be granted by the court.
(Added to NRS by 1963, 581; A 1975, 1331)
NRS 459.280 Removal of radioactive waste, machinery or equipment by employee from area for disposal prohibited; penalties.
1. A person who is employed at an area used for the disposal of radioactive waste and removes from the disposal area any of that waste, or without prior written authorization from the Chief Medical Officer removes from the disposal area for his or her own personal use any machinery or equipment belonging to the operator of the area and used within the area where the waste is buried, is guilty of a gross misdemeanor and shall be punished by imprisonment in the county jail for not more than 364 days, or by a fine of not more than $10,000, or by both fine and imprisonment.
2. If a person who violates this section is employed by the operator of the disposal area, the operator may be assessed an administrative penalty of not more than $10,000, in addition to any other penalty provided by law.
(Added to NRS by 1981, 231; A 2013, 987)
NRS 459.290 Penalties. Every person is guilty of a misdemeanor who:
1. Uses, manufactures, produces, or knowingly transports, transfers, receives, acquires, owns or possesses any source of ionizing radiation which has not been licensed or registered in accordance with the provisions of NRS 459.010 to 459.290, inclusive, and the regulations adopted under them.
2. Violates any of the provisions of NRS 459.010 to 459.290, inclusive, or any regulation or order adopted or issued under them.
(Added to NRS by 1963, 581; A 1979, 971)
REGULATION OF MILLS AND BY-PRODUCTS
NRS 459.300 Legislative findings. The Legislature finds that tailings from active and inactive uranium and thorium mills pose a potential hazard from radiation to the health of persons in this State. It is essential for this State to regulate the activities of such mills to:
1. Assure that every reasonable effort is made to provide for the stabilization, disposal and control of such tailings in a safe and environmentally sound manner.
2. Minimize or prevent the diffusion of radon and other environmental hazards from such tailings.
3. Reduce to the greatest extent practicable the need for long-term treatment and surveillance of such tailings.
(Added to NRS by 1981, 901)
NRS 459.310 Fees for regulating operations concerning uranium and care and maintenance of radioactive tailings and residues; posting of security; Fund for Licensing Uranium Mills; Fund for Care of Uranium Tailings.
1. The State Board of Health may establish by regulation:
(a) Fees for licensing, monitoring, inspecting or otherwise regulating mills or other operations for the concentration, recovery or refining of uranium, which must be in amounts which are reasonably related to the cost of licensing, monitoring, inspecting and regulating. Payment of the fees is the responsibility of the person applying for a license or licenses to engage in uranium concentration, recovery or refining.
(b) Fees for the care and maintenance of radioactive tailings and residues at inactive uranium concentration, recovery or refining sites. The fees must be based on a unit fee for each pound of uranium oxide produced in the process which also produced the tailings or residue. Payment of the fees is the responsibility of the person licensed to engage in uranium concentration, recovery or refining. The regulations must provide for a maximum amount to be paid for each operation.
(c) A requirement for persons licensed by the State to engage in uranium concentration, recovery or refining to post adequate bonds or other security to cover costs of decontaminating, decommissioning and reclaiming the sites used for concentrating, recovering or refining uranium if the licensee abandons the site or neglects or refuses to satisfy the requirements of the State. The State Board of Health shall determine the amount of the security. The amount of the security may be reviewed by the Board from time to time and may be increased or decreased as the board deems appropriate. The security must be administered by the Administrator of the Division of Public and Behavioral Health of the Department of Health and Human Services, who shall use the security as required to protect the public health, safety and property.
2. The money received pursuant to paragraph (a) of subsection 1 must be deposited in the State Treasury for credit to the Fund for Licensing of Uranium Mills, which is hereby created as a special revenue fund, for the purpose of defraying the cost of licensing, monitoring, inspecting or otherwise regulating mills or other operations for the concentration, recovery or refining of uranium. The money received pursuant to paragraph (b) of subsection 1 must be deposited in the State Treasury for credit to the Fund for Care of Uranium Tailings, which is hereby created as a special revenue fund, for the purpose of the care and maintenance of radioactive tailings and residues accumulated at inactive uranium concentration, recovery or refining sites to protect the public health, safety and property. All interest earned on the deposit or investment of the money in the Fund for Care of Uranium Tailings must be credited to that Fund. The Administrator of the Division of Public and Behavioral Health shall administer both Funds. Claims against either Fund, approved by the Chief Medical Officer, must be paid as other claims against the State are paid.
(Added to NRS by 1979, 969; A 1983, 837; 2013, 3065)
NRS 459.320 Prerequisites to issuance of license. Before a license for the processing or extraction of ores primarily for obtaining their content of source material and disposing of by-product material is issued, the Division of Public and Behavioral Health of the Department of Health and Human Services shall:
1. Hold a hearing.
2. Provide a written analysis of the effect of the activity on the environment which must include:
(a) An assessment of the radiological and nonradiological effects on the public health;
(b) An assessment of any effect on any waterway and groundwater;
(c) A summary of any alternatives to the activity being considered; and
(d) A summary of the long-term effect of the activity.
(Added to NRS by 1981, 901; A 1995, 1588)
NRS 459.330 Terms and conditions to be contained in license. Any specific license issued or renewed after July 1, 1981, for any activity which results in the production of by-product material must contain the terms and conditions determined by the State Board of Health to be necessary to assure that before the termination of the activity:
1. The licensee will comply with the standards for decontamination, decommission and reclamation prescribed by the State Board of Health, which must be as stringent as those standards set by the U.S. Nuclear Regulatory Commission, or its successor agency, for sites:
(a) At which ores were processed primarily for their content of uranium or thorium; and
(b) At which by-product material is deposited.
2. Ownership of any disposal site and the by-product material which resulted from the licensed activity will, upon termination of the license and subject to the provisions of NRS 459.340, be transferred to the United States or to the State of Nevada if the State of Nevada exercises the option to acquire them.
3. If ownership of the disposal site and the by-product material which resulted from the licensed activity is transferred to the United States upon termination of the state license, the money collected by the State from the licensee for long-term surveillance and maintenance of the site must be paid to the United States.
(Added to NRS by 1981, 901)
NRS 459.340 Title to site for disposal and by-products to be transferred to United States or this State before termination of production.
1. Before the termination of activity licensed under NRS 459.330, title to any disposal site and to the by-product material which resulted from the activity, including any interests therein other than land:
(a) Held in trust by the United States for any Indian tribe;
(b) Owned by an Indian tribe subject to a restriction against alienation imposed by the United States; or
(c) Owned by the United States or by the State of Nevada which is used for the disposal of by-product material,
Ê must be transferred to the United States or to the State of Nevada unless the Nuclear Regulatory Commission or its successor agency determines, before the termination of the activity, that transfer of title is not necessary to protect the public health, safety or welfare of the persons of the State or to minimize any danger to life or property.
2. If title is transferred to the State of Nevada, the State Land Registrar shall assign the land for administration to the State Board of Health, which shall maintain the by-product material and land in such a manner as will protect the public health and safety, and the environment.
3. The State Board of Health may periodically examine, treat and rehabilitate the land containing by-product material which has been placed in its custody.
4. The transfer of title does not relieve any licensee of liability for any fraudulent or negligent acts done before the transfer.
5. Except for costs of administration and the legal fees of the transferee, the by-product material and land transferred to the United States or to the State of Nevada must be transferred without cost to the transferee.
(Added to NRS by 1981, 902)
NRS 459.350 Person exempt from licensing may be required to observe or perform remedial work. The State Board of Health may require persons who are exempt from licensing to monitor or perform remedial work with respect to by-product material or uranium or thorium on their property and to obey such other regulations as the Board deems necessary to protect health or minimize danger to life or property.
(Added to NRS by 1981, 902)
NRS 459.360 Standards of management of by-products. Management of by-product material must conform to the applicable standards of the Nuclear Regulatory Commission which are in effect on July 1, 1981.
(Added to NRS by 1981, 903)
NRS 459.370 Construction of facility or disposal of by-products without license unlawful. It is unlawful for any person to construct a facility for the processing of ore for uranium or thorium or to dispose of by-product material without a license.
(Added to NRS by 1981, 902)
REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES
General Provisions
NRS 459.380 Legislative declaration. The Legislature hereby declares that the purposes of NRS 459.380 to 459.3874, inclusive, are to:
1. Protect the health, safety and general welfare of the residents of this State from the effects of the improper handling of hazardous chemicals or explosives at the point where:
(a) The chemicals are produced, used or stored in this State; or
(b) The explosives are manufactured for sale in this State;
2. Ensure that the employees of this State who are required to work with hazardous chemicals or explosives are guaranteed a safe and healthful working environment;
3. Protect the natural resources of this State by preventing and mitigating accidental or unexpected releases of hazardous chemicals into the environment; and
4. Ensure the safe and adequate handling of:
(a) Hazardous chemicals that are produced, used, stored or handled in this State; and
(b) Explosives that are manufactured for sale in this State.
(Added to NRS by 1991, 1994; A 1999, 1125)
NRS 459.3802 Definitions. As used in NRS 459.380 to 459.3874, inclusive, unless the context otherwise requires, the words and terms defined in NRS 459.3806 to 459.38125, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1991, 1994; A 1999, 1125, 1919, 2007; 2003, 1595)
NRS 459.3806 “Division” defined. “Division” means the Division of Environmental Protection of the State Department of Conservation and Natural Resources.
(Added to NRS by 1991, 1994)
NRS 459.38075 “Facility” defined. “Facility” means a building, equipment and contiguous area where:
1. Highly hazardous substances are produced, used, stored or handled; or
2. Explosives are manufactured for sale.
(Added to NRS by 1991, 1994; A 1999, 1125; 2003, 1595)
NRS 459.3809 “Process” defined. “Process” means:
1. Any activity that involves a highly hazardous substance or explosive, including, without limitation, the use, storage, manufacture, handling or on-site movement, or any combination thereof of the substance or explosive.
2. A group of vessels that are used in connection with such an activity, including vessels that are:
(a) Interconnected; or
(b) Separate, but located in such a manner that a highly hazardous substance or explosive could potentially be released, including, without limitation, the release, fire or explosion in one vessel that could cause a release, fire or explosion in another vessel.
3. As used in this section:
(a) “Explosive” means any material designated as subject to regulation as an explosive pursuant to NRS 459.3816; and
(b) “Highly hazardous substance” means a substance designated as highly hazardous pursuant to NRS 459.3816.
(Added to NRS by 1999, 2006; A 2003, 1595)
NRS 459.38125 “Vessel” defined. “Vessel” means a reactor, tank, drum, barrel, cylinder, vat, kettle, boiler, pipe, hose or other container.
(Added to NRS by 1999, 2007)
NRS 459.3813 Applicability of statutory provisions and regulations to certain facilities; exemptions.
1. Except as otherwise provided in this section and NRS 459.3814, the provisions of NRS 459.380 to 459.3874, inclusive, and any regulations adopted pursuant thereto, apply to a facility:
(a) That is constructing or operating a process which involves a highly hazardous substance in a quantity:
(1) Equal to or greater than the amount designated pursuant to NRS 459.3816; or
(2) Less than the amount designated pursuant to NRS 459.3816 if there are two or more releases from the facility of the same or different highly hazardous substances during any 12-month period and:
(I) The release of the highly hazardous substances is reportable pursuant to 40 C.F.R. Part 302; or
(II) Each quantity released is equal to or greater than a maximum quantity allowable as established by regulation of the State Environmental Commission; or
(b) Where explosives are manufactured for sale.
2. The owner or operator of a facility that is constructing or operating a process described in subsection 1 shall ensure that each process constructed or operated by the facility complies with the provisions of NRS 459.380 to 459.3874, inclusive, and any regulations adopted pursuant thereto.
3. A facility described in subparagraph (2) of paragraph (a) of subsection 1 is exempt from the provisions of NRS 459.380 to 459.3874, inclusive, and any regulations adopted pursuant thereto if:
(a) The Division determines that the owner or operator of the facility has complied with such provisions of NRS 459.380 to 459.3874, inclusive, and the regulations adopted pursuant thereto, as the Division requires; and
(b) The owner or operator of the facility obtains an exemption from the State Environmental Commission. The State Environmental Commission shall adopt by regulation the procedures for obtaining such an exemption.
4. As used in this section:
(a) “Explosive” means any material designated as subject to regulation as an explosive pursuant to NRS 459.3816.
(b) “Highly hazardous substance” means a substance designated as highly hazardous pursuant to NRS 459.3816.
(Added to NRS by 1997, 1396; A 1999, 1126; 2003, 1596)
NRS 459.3814 Applicability of statutory provisions: Excluded activities. The provisions of NRS 459.380 to 459.3874, inclusive, do not apply to:
1. The transportation of any hazardous substances within or through this State which is regulated by the State or the United States Department of Transportation.
2. Any final use of anhydrous ammonia for an agricultural purpose, including storage of the substance on the premises of a farm.
3. Activities which are regulated pursuant to both 30 U.S.C. §§ 801 et seq. and 42 U.S.C. § 7412(r).
(Added to NRS by 1991, 1994; A 1993, 149, 837; 1997, 1398; 2003, 1596)
Administration
NRS 459.3816 Designation of highly hazardous substances and explosives: Regulations; amendment.
1. The State Environmental Commission shall adopt regulations:
(a) Designating a list of highly hazardous substances, including, without limitation, any chemical, the release of which into the environment or the involvement of which in a fire or explosion would produce a significant likelihood that persons exposed would suffer death or substantial bodily harm as a consequence of the exposure; and
(b) Designating for each such substance a quantity which requires the regulation of that substance pursuant to NRS 459.380 to 459.3874, inclusive, and any regulations adopted pursuant thereto.
2. The Division shall regularly examine sources of information available to it, including, without limitation, studies, guidelines and regulations of the Federal Government and the provisions set forth in 29 U.S.C. § 655 and 42 U.S.C. § 7412(r), and may propose that the State Environmental Commission add or delete a substance or otherwise amend the list of substances and quantities adopted pursuant to subsection 1.
3. The State Environmental Commission shall adopt regulations designating specific materials that are subject to regulation as explosives pursuant to NRS 459.380 to 459.3874, inclusive, and any regulations adopted pursuant thereto.
4. The Division shall regularly examine sources of information available to it, including, without limitation, studies, guidelines and regulations of the Federal Government and the provisions set forth in 18 U.S.C. §§ 841, et seq., and shall consult with the Division of Industrial Relations of the Department of Business and Industry to determine materials that should be regulated as explosives. The Division may propose that the State Environmental Commission add or delete a material or otherwise amend the list of materials adopted pursuant to subsection 3.
(Added to NRS by 1991, 1995; A 1993, 590, 1630; 1997, 1398; 1999, 1116, 1212; 2001, 79; 2003, 1597)
NRS 459.3818 State Environmental Commission to adopt regulations; Division to administer and enforce statutory provisions and regulations; involvement of interested persons; applicability of statutory provisions to dealers of liquefied petroleum gas.
1. In addition to the regulations required to be adopted pursuant to NRS 459.380 to 459.3874, inclusive, the State Environmental Commission shall adopt such other regulations as are necessary to carry out the purposes and enforce the provisions of NRS 459.380 to 459.3874, inclusive. The regulations must include, without limitation:
(a) Specifications for the applicability of the provisions of NRS 459.380 to 459.3874, inclusive, and any regulations adopted pursuant thereto;
(b) The establishment of a program for the prevention of accidental releases of chemicals that satisfies the provisions of the chemical process safety standard set forth pursuant to 29 U.S.C. § 655;
(c) Provisions to protect the health, safety and welfare of the residents of this State from the effects of the handling and storage of mercury when present in a quantity of 200,000 pounds or more;
(d) Provisions necessary to enable the Division to administer and enforce the provisions of NRS 459.380 to 459.3874, inclusive, and any regulations adopted pursuant thereto;
(e) Requirements for the registration of a facility with the Division; and
(f) Provisions to ensure that the public is involved in the process of evaluating proposed regulatory actions that may affect the public.
2. The Division shall:
(a) Administer and enforce the provisions of NRS 459.380 to 459.3874, inclusive, and any regulations adopted pursuant thereto; and
(b) Make every effort to involve advisory councils on hazardous materials, where they exist, the governing bodies of local governments and other interested persons in explaining actions taken pursuant to those sections and the regulations adopted pursuant thereto.
3. The State Environmental Commission must apply the provisions of NRS 459.380 to 459.3874, inclusive, to dealers of liquefied petroleum gas who sell, fill, refill, deliver or are permitted to deliver any liquefied petroleum gas in a manner that is consistent with 42 U.S.C. § 7412(r)(4)(B).
4. As used in this section, “liquefied petroleum gas” has the meaning ascribed to it in NRS 590.475.
(Added to NRS by 1991, 1998; A 2003, 1601; 2007, 590)
NRS 459.3819 Inspections by state and local agencies of facilities where explosives are manufactured, used, processed, handled, moved on-site or stored.
1. The Division shall enter into cooperative agreements with state and local agencies to provide inspections of facilities where explosives are manufactured, or where an explosive is used, processed, handled, moved on-site or stored in relation to its manufacture. The Division shall schedule the inspections in such a manner as to provide an opportunity for participation by:
(a) A representative of the fire-fighting agency that exercises jurisdiction over the facility;
(b) A representative of the law enforcement agency that exercises jurisdiction over the facility; and
(c) Representatives of the Division and any other state agency responsible for minimizing risks to persons and property posed by such facilities.
2. The owner or operator of such a facility shall make the facility available for the inspections required by this section at such times as are designated by the Division.
3. Any inspection of a facility conducted pursuant to this section is in addition to, and not in lieu of, any other inspection of the facility required or authorized by state statute or regulation, or local ordinance.
4. Notwithstanding any provision of this section to the contrary, the provisions of this section do not apply to the mining industry.
(Added to NRS by 1999, 1918; A 2003, 1601)
NRS 459.38195 Investigation of certain accidents and motor vehicle crashes: Powers and duties of Division; duty of owner or operator of facility to cooperate.
1. The Division may investigate an accident or a motor vehicle crash occurring in connection with a process that involves one or more highly hazardous substances or explosives at a facility which results in an uncontrolled emission, fire or explosion and which presented an imminent and substantial danger to the health of the employees of the facility, the public health or the environment, to determine the cause of the accident or motor vehicle crash if the owner or operator of the facility:
(a) Is unwilling to commence and has not commenced an investigation in a timely manner; or
(b) Is not capable of and has not retained expertise capable of conducting an investigation.
2. If the Division chooses to conduct such an investigation, the owner or operator of the facility shall, in a manner consistent with the safety of the employees of the Division and the facility, and without placing an undue burden on the operation of the facility, cooperate with the Division by:
(a) Allowing the Division:
(1) To investigate the accident or crash site and directly related facilities, including, without limitation, control rooms;
(2) To examine physical evidence; and
(3) If practicable, to inspect equipment both externally and internally;
(b) Providing the Division with pertinent documents; and
(c) Allowing the Division to conduct independent interviews of the employees of the facility, subject to all rights of the facility and the employees to be represented by legal counsel, management representatives and union representatives during the interviews.
3. To the maximum extent feasible, the Division shall coordinate any investigation it conducts pursuant to this section with investigations conducted by other agencies with jurisdiction over the facility to minimize any adverse impact on the facility and its employees.
4. The Division may contract for the services of a technical expert in conducting an investigation pursuant to this section and may recover its costs for such services from the owner or operator of the facility.
5. If an investigation is conducted by the Division pursuant to this section, all costs incurred by the Division in conducting the investigation, including, without limitation, the costs of services provided pursuant to subsection 4, may be recovered by the Division from the owner or operator of the facility at which the accident or crash occurred.
6. The State Environmental Commission may adopt regulations setting forth the procedures governing an investigation conducted by the Division pursuant to this section and the procedures for the recovery by the Division of all costs incurred by the Division in conducting the investigation.
(Added to NRS by 2003, 1594; A 2015, 1679)
NRS 459.382 Reports of regulatory agencies; review of requirements of regulatory agencies; final authority of Division of Environmental Protection.
1. The Division of Public and Behavioral Health of the Department of Health and Human Services, the Division of Industrial Relations of the Department of Business and Industry and any other governmental entity or agency of the State responsible for minimizing risks to persons and property posed by facilities and hazardous substances shall submit to the Division of Environmental Protection such reports as the Division deems necessary to carry out the provisions of NRS 459.380 to 459.3874, inclusive, and any regulations adopted pursuant thereto. The reports must be submitted at such times and contain such information as required by the Division.
2. The State Environmental Commission shall adopt by regulation common reporting forms to be used by such governmental entities and agencies when reporting information related to hazardous substances and facilities.
3. The Division shall review the rules, regulations, standards, codes and safety orders of other governmental entities and agencies of the State responsible for minimizing risks to persons and property posed by facilities and hazardous substances to ensure that they are sufficient to carry out the provisions of NRS 459.380 to 459.3874, inclusive, and any regulations adopted pursuant thereto.
4. If the Division and any other governmental entity or agency of the State have coexisting jurisdiction over the regulation of facilities or hazardous substances located at such facilities, the Division has the final authority to take such actions as are necessary to carry out the provisions of NRS 459.380 to 459.3874, inclusive, and any regulations adopted pursuant thereto.
(Added to NRS by 1991, 1998; A 1993, 594, 1634; 2003, 1602)
NRS 459.3822 Records, reports and other information of facility: Submission by owner or operator of facility; availability for public inspection; confidentiality of information protected as trade secret; regulations.
1. The owner or operator of a facility shall, upon request, submit any records, reports or other information to the Division that the Division deems necessary to administer and enforce the provisions of NRS 459.380 to 459.3874, inclusive, and any regulations adopted pursuant thereto.
2. Except as otherwise provided in this section, any records, reports or other information obtained pursuant to NRS 459.380 to 459.3874, inclusive, or any regulation adopted pursuant thereto must be made available to the public for inspection and copying.
3. The Division shall protect the confidentiality of any information obtained by the Division, including, without limitation, any information obtained through an observation made by the Division during a visit to a facility if:
(a) The owner or operator of the facility from which the information was obtained or which was visited requests such protection; and
(b) The information satisfies the conditions for protection as a trade secret pursuant to subsection 4.
4. Information is entitled to protection as a trade secret under this section only if:
(a) The information has not been disclosed to any other person, other than a member of a local emergency planning committee, an officer or employee of the United States or a state or local government, an employee of such a person, or a person who is bound by an agreement of confidentiality, and the owner or operator of the facility has taken reasonable measures to protect the confidentiality of the information and intends to continue to take such measures;
(b) The information is not required to be disclosed, or otherwise made available, to the public under any other federal or state law;
(c) Disclosure of the information is likely to cause substantial harm to the competitive position of the owner or operator of the facility; and
(d) The chemical identity of a substance, if that is the information, is not readily discoverable through analysis of the product containing it or scientific knowledge of how such a product must be made.
5. The State Environmental Commission shall adopt regulations for the protection of the confidentiality of information entitled to protection as a trade secret pursuant to this section.
6. The person requesting the copy or copies of the public records, shall tender or pay to the Division such fee as may be prescribed for the service of copying.
(Added to NRS by 1991, 2008; A 2003, 1603)
NRS 459.3824 Annual fees; Account for Precaution Against Chemical Accidents.
1. The owner or operator of a facility shall pay to the Division an annual fee based on the fiscal year. The annual fee for each facility is the sum of a base fee set by the State Environmental Commission and any additional fee imposed by the Commission pursuant to subsection 2. The annual fee must be prorated and may not be refunded.
2. The State Environmental Commission may impose an additional fee upon the owner or operator of a facility in an amount determined by the Commission to be necessary to enable the Division to carry out its duties pursuant to NRS 459.380 to 459.3874, inclusive, and any regulations adopted pursuant thereto. The additional fee must be based on a graduated schedule adopted by the Commission which takes into consideration the quantity of hazardous substances located at each facility.
3. After the payment of the initial annual fee, the Division shall send the owner or operator of a facility a bill in July for the annual fee for the fiscal year then beginning which is based on the applicable reports for the preceding year.
4. The State Environmental Commission may modify the amount of the annual fee required pursuant to this section and the timing for payment of the annual fee:
(a) To include consideration of any fee paid to the Division for a permit to construct a new process or commence operation of a new process pursuant to NRS 459.3829; and
(b) If any regulations adopted pursuant to NRS 459.380 to 459.3874, inclusive, require such a modification.
5. The owner or operator of a facility shall submit, with any payment required by this section, the business identification number assigned by the Secretary of State upon compliance by the owner with the provisions of chapter 76 of NRS.
6. All fees, fines, penalties and other money collected pursuant to NRS 459.380 to 459.3874, inclusive, and any regulations adopted pursuant thereto, other than a fine collected pursuant to subsection 3 of NRS 459.3834, must be deposited with the State Treasurer for credit to the Account for Precaution Against Chemical Accidents, which is hereby created in the State General Fund. All interest earned on the money in the Account must be credited to the Account.
(Added to NRS by 1991, 1999; A 1993, 907; 1999, 1126, 2007; 2003, 346, 1604; 2003, 20th Special Session, 207; 2009, 2052; 2011, 449)
NRS 459.3829 Permits to construct or commence operation of new process: Requirements; application; regulations; fee.
1. No owner or operator of a facility may commence construction or operation of any new process that will be subject to regulation pursuant to NRS 459.380 to 459.3874, inclusive, or any regulation adopted pursuant thereto, unless the owner or operator first obtains all appropriate permits from the Division to construct the new process and commence operation of the new process. Before issuing any such permits, the Division of Environmental Protection shall consult with the Division of Industrial Relations of the Department of Business and Industry.
2. An application for such a permit must be submitted on a form prescribed by the Division of Environmental Protection.
3. The State Environmental Commission shall adopt regulations establishing the requirements for the issuance of a permit pursuant to this section. An applicant shall comply with requirements that the State Environmental Commission establishes by regulation for the issuance of a permit before the applicant may receive a permit from the Division for the construction and operation of the process.
4. The Division may charge and collect a fee for the issuance of such a permit.
(Added to NRS by 1999, 2007; A 2003, 346, 1605)
NRS 459.3832 Regulations concerning certification of records, reports and information submitted to Division; requirements for signature on certification.
1. The State Environmental Commission shall adopt regulations setting forth:
(a) The records, reports and information submitted to the Division which must contain a certification; and
(b) The requirements of such certifications.
2. Each certification must be signed by the sole proprietor of the facility, the highest ranking corporate officer or partner at the facility, the manager of the facility, or a person designated by any one of those persons to sign the certification.
(Added to NRS by 1991, 2001; A 2003, 1605)
NRS 459.3833 Program to prevent and minimize consequences of accidental release of hazardous substance: Delegation of authority and grant of money from Federal Government; regulations.
1. The State Department of Conservation and Natural Resources may, in accordance with the authority granted to it pursuant to NRS 445B.205, apply for and accept any delegation of authority and any grant of money from the Federal Government for the purpose of establishing and carrying out a program to prevent and minimize the consequences of the accidental release of hazardous substances in accordance with the provisions of 42 U.S.C. § 7412(r).
2. The State Environmental Commission may adopt regulations necessary to establish and carry out such a program.
(Added to NRS by 1997, 1397; A 2003, 1605)
NRS 459.3834 Unlawful acts; penalties.
1. A person shall not knowingly:
(a) Violate any provision of NRS 459.380 to 459.3874, inclusive, or any regulation adopted pursuant thereto;
(b) Make any false material statement, representation or certification in any required form, notice or report; or
(c) Render inaccurate any required monitoring device or method.
2. Except as otherwise provided in subsection 3, a person who violates subsection 1 shall be punished by a fine of not more than $25,000 per day of the violation, and each day on which the violation continues constitutes a separate and distinct violation.
3. A person who violates subsection 1 in a manner that contributes to the substantial bodily harm or death of any person is guilty of a category D felony and shall be punished as provided in NRS 193.130, or by a fine of not more than $50,000 for each day of the violation, or by both fine and the punishment provided in NRS 193.130.
(Added to NRS by 1997, 1398; A 2003, 1606)
Committee to Oversee the Management of Risks
NRS 459.3862 “Committee” defined. As used in NRS 459.3862 to 459.3868, inclusive, unless the context otherwise requires, “Committee” means a Committee to Oversee the Management of Risks, created pursuant to NRS 459.3864.
(Added to NRS by 1991, 2006)
NRS 459.3864 Creation; appointment of members; appointment of chair and co-chair; resources.
1. When there is an accident or motor vehicle crash which poses a significant danger to public health and safety, or a near accident or motor vehicle crash of this nature, in a facility or a group of facilities, or when the Governor declares that a committee to oversee the management of risks in a facility, or group of facilities, would be in the best interests of the public health and safety, the Governor shall create such a committee for the facility or group of facilities which may represent a catastrophic threat to public health and safety.
2. To the extent practicable, the Governor shall appoint the members of the committee from the membership of the State Emergency Response Commission.
3. The Governor shall appoint to the committee at least three persons who represent the facility or group of facilities which may represent a catastrophic threat to public health and safety.
4. The Governor shall appoint the chair and may appoint a co-chair of the committee from among the members.
5. The Division shall provide to the committee necessary resources such as clerical assistance and funding sufficient for the committee to perform its duties.
(Added to NRS by 1991, 2006; A 2015, 1680)
NRS 459.3866 Receipt of records and documents; subpoena; informal inquiries; confidentiality of trade secret or information; inspection of facility; Attorney General is counsel for committee; authorization to make recommendations to reviewing authority.
1. After giving reasonable notice to the facility it oversees and after making arrangements to ensure that the normal operations of the facility will not be disrupted, a committee is entitled to receive from the facility such records and documents as the committee demonstrates are required to carry out its duties. The committee is entitled to receive only those records and documents which cannot be obtained from the Division.
2. A committee is entitled to receive from any governmental entity or agency records, documents and other materials relevant to the committee’s review and evaluation of the facility to carry out its duties.
3. In carrying out its duties, a committee and the Attorney General may, by subpoena, require the attendance and testimony of witnesses and the production of reports, papers, documents and other evidence which they deem necessary. Before obtaining such a subpoena, the committee or the Attorney General shall request the attendance of the witness or the production of the reports, papers, documents or other evidence. If the person to whom the request is made fails or refuses to attend or produce the reports, documents or other evidence, the committee and the Attorney General may obtain the subpoena requiring the person to do so.
4. In carrying out its duties, a committee may make informal inquiry of persons or entities with knowledge relevant to the committee’s review and evaluation of the facility it oversees. Any committee which makes such informal inquiries shall advise the facility of those inquiries and of the results of the inquiries.
5. If the owner or operator of a facility claims that the disclosure of information to a committee will reveal a trade secret or confidential information, the owner or operator must specifically identify such information as confidential. When such an identification has been made, the committee shall protect the confidentiality of the trade secret or information if the trade secret or information would be entitled to protection pursuant to NRS 459.3822.
6. A committee or its authorized representative may, to carry out its duties, enter and inspect the facility overseen, its records and other relevant materials. Before such an inspection is made, the committee shall provide reasonable notice to the facility. The inspection must be conducted in such a manner as to ensure that the operations of the facility will not be disrupted.
7. The Attorney General is counsel and attorney to each committee for the purposes of carrying out its duties and powers.
8. The members of a committee may make public comment with regard to their review and evaluation of the facility it oversees. At least 24 hours before making any formal comment, the committee shall advise the facility of its intention to do so and provide the facility with a summary of the comments that will be made.
9. A committee may review and make recommendations to the reviewing authority as to any applications for permits to construct, substantially alter or operate submitted by a facility which has been the subject of the committee’s review and evaluation.
(Added to NRS by 1991, 2007; A 2003, 1607)
1. A committee shall conduct a comprehensive review and evaluation of the following with respect to each facility within its jurisdiction:
(a) The degree of compliance with NRS 459.380 to 459.3874, inclusive, the applicable fire codes, the regulations, standards and safety orders of the Division of Industrial Relations of the Department of Business and Industry, the rules, regulations and standards of the State Environmental Commission and any other standards adopted by the Federal Government, State of Nevada or local governments and their respective agencies for the health and safety of persons and property which may be at risk if those rules, regulations, standards, codes and safety orders are not complied with;
(b) The effectiveness of the respective governmental entities and their agencies’ enforcement of their respective rules, regulations, standards, codes and safety orders; and
(c) The adequacy and effectiveness of the plans for response to emergencies adopted for the area in which the facility is located in responding to risks posed to the persons and property located within the zone of risk.
2. A committee shall exercise its best efforts to facilitate cooperation among the various governmental entities and agencies responsible for minimizing risks to persons and property posed by the facility within its jurisdiction and the effective enforcement of the various governmental entities’ and agencies’ rules, regulations, standards, codes and safety orders. A committee shall cooperate to the extent necessary with other committees and governmental agencies to minimize the duplication of records, reports or other information.
3. A committee shall issue a final report of its comprehensive review and evaluation together with any recommendations. A committee shall make such interim reports as it or the Governor may deem in the public interest. The Division shall distribute the reports to the Governor, members of the committee, local governments within the zone of risk, the various governmental agencies whose rules, regulations, standards, codes or safety orders were the subject of the committee’s review and evaluation, and the local media. Copies of the final written report must be made available to the public for purchase at cost of reproduction. All interim reports must be distributed forthwith in the same manner as annual written reports.
(Added to NRS by 1991, 2007; A 1993, 595, 1634)
Enforcement and Penalties
NRS 459.387 Entry into facility to verify compliance with statutory requirements and regulations; issuance of order.
1. The Division may enter any facility:
(a) During normal business hours; and
(b) At any other time if there is probable cause to believe that a violation of any of the provisions of NRS 459.380 to 459.3874, inclusive, or any regulation adopted pursuant thereto, has occurred,
Ê to verify compliance with the provisions of NRS 459.380 to 459.3874, inclusive, any regulation adopted pursuant thereto and the quality of all work performed pursuant to those sections, except that the owner or operator of a facility need not employ any personnel solely to assure access to the facility by the Division when this access would otherwise be impossible.
2. The State Environmental Commission shall adopt regulations establishing requirements for:
(a) The inspection of a facility; and
(b) The report of a record of inspection.
3. If the Administrator of the Division finds that any person is engaging, is about to engage or has engaged in an act or practice that violates any provision of NRS 459.380 to 459.3874, inclusive, any regulation adopted pursuant thereto, or any term or condition of a permit issued by the Division pursuant to NRS 459.380 to 459.3874, inclusive, the Administrator may issue an order:
(a) Specifying the provision, regulation, term or condition that is alleged to have been violated or which is about to be violated;
(b) Setting forth the facts alleged to constitute the violation;
(c) Prescribing any corrective action that must be taken and a reasonable time within which that action must be taken; and
(d) Requiring the person to whom the order is directed to appear before the Administrator or a hearing officer to show cause why the Division should not commence an action for appropriate relief.
4. If the Administrator finds that the handling of a highly hazardous substance or explosive at a facility presents an imminent and substantial threat to human health or the environment, the Administrator may, after the Division has inspected the site and after the Administrator has had a consultation with the owner or operator of the facility and the owner or operator fails to correct the threat, issue an order requiring the owner or operator of the facility to take necessary steps to prevent the act or eliminate the practice that constitutes the threat.
(Added to NRS by 1991, 1998; A 2003, 1607)
NRS 459.3872 Injunctive relief; levy of civil administrative penalty; notice of levy of penalty; request for hearing; payment of penalty.
1. If any person violates any of the provisions of NRS 459.380 to 459.3834, inclusive, or 459.387, or any regulation or order adopted or issued pursuant thereto, the Division may institute a civil action in a court of competent jurisdiction for injunctive or any other appropriate relief to prohibit and prevent the violation and the court may proceed in the action in a summary manner.
2. Except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, a person who violates a provision of NRS 459.380 to 459.3834, inclusive, or 459.387, or any regulation or order adopted pursuant thereto, is liable to a civil administrative penalty as set forth in NRS 459.3874. If the violation is of a continuing nature, each day during which it continues constitutes an additional, separate and distinct offense. No civil administrative penalty may be levied until after notification to the violator by certified mail or personal service. The notice must include a reference to the section of the statute, regulation, order or condition of a permit violated, a concise statement of the facts alleged to constitute the violation, a statement of the amount of the civil penalties to be imposed and a statement of the violator’s right to a hearing. The violator has 20 days after receipt of the notice within which to deliver to the Division a written request for a hearing. After the hearing if requested, and upon a finding that a violation has occurred, the Administrator of the Division may issue a final order and assess the amount of the fine. If no hearing is requested, the notice becomes a final order upon the expiration of the 20-day period. Payment of the penalty is due when a final order is issued or when the notice becomes a final order. The authority to levy a civil administrative penalty is in addition to all other provisions for enforcement of NRS 459.380 to 459.387, inclusive, and the payment of a civil administrative penalty does not affect the availability of any other provision for enforcement in connection with the violation for which the penalty is levied.
(Added to NRS by 1991, 2008; A 1997, 1081; 1999, 1131, 2008; 2003, 1609)
NRS 459.3874 Amount of civil administrative penalties; settlement of claim; imposition of civil penalty.
1. The civil administrative penalties are:
Category of Offense Penalty in U.S. Dollars
A. Failure to register a new or existing facility:............... $25,000 plus $2,000 per day
from the due date
B. Failure to pay the fee required pursuant to NRS 459.3824:.... 75 percent of the fee
C. Failure to provide information requested by the Division:............................ $25,000
D. Failure to grant access to employees or agents of the Division for inspections: $25,000
E. Failure to provide information or grant access to employees or agents of the Division during an emergency:....................................................................................................... $50,000
F. Falsification of information submitted to the Division:. up to $10,000 per incident
G. Failure to obtain a permit for the construction of a new facility:................. $25,000
H. Failure to comply with a regulation adopted pursuant to NRS 459.380 to 459.3874, inclusive, other than a regulation for which a civil administrative penalty is set forth in category A to G, inclusive:.................................................................................... $10,000 per incident
The civil administrative penalty prescribed in category H may be assessed for each regulatory provision that is violated. The civil administrative penalty prescribed in category G may be assessed against a contractor who is constructing the facility only if the contractor is contractually responsible for obtaining all appropriate permits for the construction of the facility and the contractor knows or has reason to know the planned use of the facility.
2. The Division may compromise and settle any claim for any penalty as set forth in this section in such amount in the discretion of the Division as may appear appropriate and equitable under all of the circumstances, including the posting of a performance bond by the violator. If a violator is subject to the imposition of more than one civil administrative penalty for the same violation, the Division shall compromise and settle the claim for the penalty as set forth in this section in such amount as to avoid the duplication of penalties.
3. No penalty may be imposed pursuant to this section for the failure to perform a required act within the time required if the delay was caused by a natural disaster or other circumstances which are beyond the control of the violator.
4. Any person who violates any of the provisions of NRS 459.380 to 459.3834, inclusive, or 459.387, or any regulation or order adopted or issued pursuant thereto, or an administrative order issued pursuant to subsection 2 of NRS 459.3872 or a court order issued pursuant to subsection 1 of NRS 459.3872, or who fails to pay a civil administrative penalty in full is subject, upon order of the court, to a civil penalty not to exceed $10,000 per day of the violation, and each day’s continuance of the violation constitutes a separate and distinct violation. Any penalty imposed pursuant to this subsection may be recovered with costs in a summary proceeding by the Attorney General.
(Added to NRS by 1991, 2009; A 1999, 1131, 2009; 2003, 1609)
DISPOSAL OF HAZARDOUS WASTE
NRS 459.400 Purpose. The purposes of NRS 459.400 to 459.600, inclusive, are to:
1. Protect human health, public safety and the environment from the effects of improper, inadequate or unsound management of hazardous waste;
2. Establish a program for regulation of the storage, generation, transportation, treatment and disposal of hazardous waste; and
3. Ensure safe and adequate management of hazardous waste.
(Added to NRS by 1981, 880)
NRS 459.405 Definitions. As used in NRS 459.400 to 459.600, inclusive, unless the context otherwise requires, the words and terms defined in NRS 459.410 to 459.455, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1981, 880; A 1989, 1489; 1991, 842, 857, 1936; 1999, 1120; 2003, 2114)
NRS 459.410 “Commission” defined. “Commission” means the State Environmental Commission.
(Added to NRS by 1981, 880)
NRS 459.415 “Department” defined. “Department” means the State Department of Conservation and Natural Resources.
(Added to NRS by 1981, 880)
NRS 459.420 “Director” defined. “Director” means the Director of the Department.
(Added to NRS by 1981, 880)
NRS 459.425 “Disposal” defined. “Disposal” means the discharge, deposit, injection, dumping, spilling, leaking or placing of any hazardous waste into or on any land or water in a manner which might allow the hazardous waste or any part of it to enter the environment, be emitted into the air or be discharged into any water, including any groundwater.
(Added to NRS by 1981, 880)
NRS 459.428 “Hazardous material” defined. “Hazardous material” has the meaning ascribed to it in NRS 459.7024.
(Added to NRS by 1989, 1488; A 1993, 847; 1999, 3349)
NRS 459.429 “Hazardous substance” defined. “Hazardous substance” includes, without limitation, hazardous material, a regulated substance, a pollutant and a contaminant.
(Added to NRS by 1991, 857)
NRS 459.430 “Hazardous waste” defined. “Hazardous waste” means any waste or combination of wastes, including, without limitation, solids, semisolids, liquids or contained gases, except household waste, which:
1. Because of its quantity or concentration or its physical, chemical or infectious characteristics may:
(a) Cause or significantly contribute to an increase in mortality or serious irreversible or incapacitating illness; or
(b) Pose a substantial hazard or potential hazard to human health, public safety or the environment when it is given improper treatment, storage, transportation, disposal or other management.
2. Is identified as hazardous by the Department as a result of studies undertaken for the purpose of identifying hazardous wastes.
Ê The term includes, among other wastes, toxins, corrosives, flammable materials, irritants, strong sensitizers and materials which generate pressure by decomposition, heat or otherwise.
(Added to NRS by 1981, 880; A 1999, 1121)
NRS 459.432 “Household waste” defined. “Household waste” means waste material, including, without limitation, garbage, trash and sanitary wastes in septic tanks that is generated by a household, including, without limitation, a single-family or multiple-unit residence, hotel, motel, bunkhouse, ranger station, crew quarters, campground, picnic ground and day-use recreational area. The term does not include nickel, cadmium, mercuric oxide, manganese, zinc-carbon or lead batteries, toxic art supplies, used motor oil, kerosene, solvent-based paint, paint thinner, paint solvents, fluorescent or high-intensity light bulbs, ammunition, fireworks, pesticides the use of which has been prohibited or restricted, or any other waste generated by a household that would otherwise be defined as hazardous waste pursuant to subsection 2 of NRS 459.430.
(Added to NRS by 1999, 1116)
NRS 459.435 “Management of hazardous waste” defined. “Management of hazardous waste” means the systematic control of the generation, collection, storage, transportation, processing, treatment, recovery and disposal of hazardous waste.
(Added to NRS by 1981, 881)
NRS 459.440 “Manifest” defined. “Manifest” means a document used to identify hazardous waste during its transportation from between any two of the points of generation, storage, treatment and disposal, and specifying the quantity, composition, origin, route and destination of the waste.
(Added to NRS by 1981, 881)
NRS 459.445 “Person” defined. “Person” includes an agency of the Federal Government, any state and its local governments.
(Added to NRS by 1981, 881; A 1985, 516)
NRS 459.448 “Regulated substance” defined. “Regulated substance” means:
1. Any petroleum substance or chemical regulated by the federal Resource Conservation and Recovery Act of 1976, 42 U.S.C. §§ 6901 et seq., that is contained in a storage tank, except that the term does not include any substance subject to regulation under Subtitle C of that act as hazardous waste; and
2. Any petroleum, including crude oil or any fraction thereof that is liquid at standard condition of temperature and pressure, 60 degrees Fahrenheit and 14.7 pounds per square inch absolute. The term includes, but is not limited to, petroleum and petroleum-based substances comprised of a complex blend of hydrocarbons derived from crude oil through processes of separation, conversion, upgrading and finishing, such as motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, solvents and used oils.
(Added to NRS by 1989, 1489)
NRS 459.450 “Storage” defined. “Storage” means the containment of hazardous waste, temporarily or for a period of years, in a manner which does not constitute disposal.
(Added to NRS by 1981, 881)
NRS 459.455 “Treatment” defined. “Treatment” means a process, including neutralization, which is designed to change the physical, chemical or biological character or composition of hazardous waste so as to neutralize it or render it less hazardous, nonhazardous, safer for transportation, storage and disposal, amenable to recovery of resources from it, or reduce its volume.
(Added to NRS by 1981, 881)
NRS 459.460 Applicability and administration of NRS 459.400 to 459.600, inclusive.
1. NRS 459.400 to 459.600, inclusive, do not apply to any activity or substance which is subject to control pursuant to NRS 445A.300 to 445A.955, inclusive, and 459.010 to 459.290, inclusive, except to the extent that they can be applied in a manner which is not inconsistent with those sections.
2. The Director shall administer NRS 459.400 to 459.600, inclusive, in a manner which avoids duplication of the provisions of NRS 445A.300 to 445A.955, inclusive, and 445B.100 to 445B.640, inclusive, and the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. §§ 136 et seq.
(Added to NRS by 1981, 881; A 2003, 2115; 2007, 1910)
NRS 459.465 Types of waste subject to NRS 459.400 to 459.600, inclusive. The following types of waste are subject to the provisions of NRS 459.400 to 459.600, inclusive, only if they are regulated pursuant to the federal Resource Conservation and Recovery Act of 1976, 42 U.S.C. §§ 6901 et seq.:
1. Fly ash, bottom ash, slag and waste removed from flue gas from the combustion of coal or other fossil fuels;
2. Solid waste from extraction, beneficiation and processing of ores and minerals, including phosphate rock and overburden from the mining of uranium ore;
3. Dust from cement kilns; and
4. Drilling fluids and other wastes produced by exploration, development or production of oil, gas or geothermal energy.
(Added to NRS by 1981, 882; A 2003, 2115)
NRS 459.470 Department designated as state agency for regulation of hazardous waste.
1. The Department is hereby designated to act as the state agency for the purposes of federal laws and regulations on hazardous waste, except that the Commission has the exclusive power to adopt regulations pursuant to NRS 459.400 to 459.600, inclusive.
2. The Department may take any action necessary and appropriate to secure the benefits of any federal law relating to hazardous waste.
(Added to NRS by 1981, 883)
NRS 459.475 Duties of Department. The Department shall:
1. Except as otherwise provided in NRS 459.480, enforce the Commission’s regulations on hazardous waste;
2. Develop and publish a plan of management of hazardous waste in this State, including among other things, descriptions of:
(a) Sources of hazardous waste, including information on the types and quantities of the waste;
(b) Current practices and costs in the management of hazardous waste, including treatment, storage and disposal; and
(c) The hazards associated with the use by a consumer of a commercial product in a manner contrary to the directions for use, cautions or warnings appearing on the label of the product, if the Department determines that such a description is necessary; and
3. Cooperate with other states to bring about improved management of hazardous waste, encourage the enactment of uniform state laws relating to hazardous waste, and develop compacts between this and other states which are designed to provide for improved management of hazardous waste.
(Added to NRS by 1981, 883; A 1999, 1121)
NRS 459.480 Delegation of responsibility for enforcement of NRS 459.400 to 459.600, inclusive. The Department may delegate responsibility for the enforcement of NRS 459.400 to 459.600, inclusive, or any regulations adopted pursuant to those sections to suitably qualified agencies of the political subdivisions of this State.
(Added to NRS by 1981, 883)
NRS 459.485 Duties of Commission. The Commission shall:
1. Adopt regulations governing systems of hazardous waste management, including the plan for management of hazardous waste in the entire State; and
2. Through the Department:
(a) Advise, consult and cooperate with other agencies of the State, other states, the Federal Government, municipalities and other persons on matters relating to formulation of plans for managing hazardous waste.
(b) Develop a plan for management of hazardous waste in the entire State.
(c) Develop a program to encourage the minimization of hazardous waste and the recycling or reuse of hazardous waste by persons who generate hazardous waste within Nevada. The program may include grants or other financial incentives.
(Added to NRS by 1981, 881; A 1991, 842)
NRS 459.490 General requirements for regulations. Regulations adopted by the Commission pursuant to NRS 459.485 must be based upon studies, guidelines and regulations of the Federal Government and must:
1. Set out mechanisms for determining whether any waste is hazardous;
2. Govern combinations of wastes which are not compatible and may not be stored, treated or disposed of together;
3. Govern generation, storage, treatment and disposal of hazardous waste;
4. Govern operation and maintenance of facilities for the treatment, storage and disposal of hazardous waste, including the qualifications and requirements for ownership, continuity of operation, closure and care after closing;
5. Provide standards for location, design and construction of facilities for treatment, storage and disposal of hazardous waste;
6. Except as otherwise provided in NRS 459.700 to 459.780, inclusive, govern the transportation, packing and labeling of hazardous waste in a manner consistent with regulations issued by the United States Department of Transportation relating to hazardous waste;
7. Provide procedures and requirements for the use of a manifest for each shipment of hazardous waste. The procedures and requirements must be applied equally to those persons who transport hazardous waste generated by others and those who transport hazardous waste which they have generated themselves; and
8. Take into account climatic and geologic variations and other factors relevant to the management of hazardous waste.
(Added to NRS by 1981, 882; A 1987, 1755; 1993, 847)
NRS 459.500 Contents of regulations; enforcement of regulations relating to transportation and handling of hazardous waste.
1. Except as otherwise provided in NRS 459.700 to 459.780, inclusive, or 459.800 to 459.856, inclusive:
(a) Regulations of the Commission must provide:
(1) For safety in the packaging, handling, transportation and disposal of hazardous waste;
(2) For the certification of consultants involved in consultation regarding the response to and the clean up of leaks of hazardous waste, hazardous material or a regulated substance from underground storage tanks, the clean up of spills of or accidents or motor vehicle crashes involving hazardous waste, hazardous material or a regulated substance, or the management of hazardous waste;
(3) That a person employed full-time by a business to act as such a consultant is exempt from the requirements of certification if the person:
(I) Meets the applicable requirements of 29 C.F.R. § 1910.120 to manage such waste, materials or substances; and
(II) Is acting in the course of that full-time employment; and
(4) For the certification of laboratories that perform analyses for the purposes of NRS 459.400 to 459.600, inclusive, 459.610 to 459.658, inclusive, and 459.800 to 459.856, inclusive, to identify whether waste is hazardous waste or to detect the presence of hazardous waste or a regulated substance in soil or water.
(b) Regulations of the Commission may:
(1) Provide for the licensing and other necessary regulation of generators, including shippers and brokers, who cause that waste to be transported into or through Nevada or for disposal in Nevada;
(2) Require that the person responsible for a spill, leak, accident or motor vehicle crash involving hazardous waste, hazardous material or a regulated substance, obtain advice on the proper handling of the spill, leak, accident or motor vehicle crash from a consultant certified under the regulations adopted pursuant to paragraph (a); and
(3) Establish standards relating to the education, experience, performance and financial responsibility required for the certification of consultants.
2. The regulations may include provisions for:
(a) Fees to pay the cost of inspection, certification and other regulation, excluding any activities conducted pursuant to NRS 459.7052 to 459.728, inclusive; and
(b) Administrative penalties of not more than $2,500 per violation or $10,000 per shipment for violations by persons licensed by the Department, and the criminal prosecution of violations of its regulations by persons who are not licensed by the Department.
3. Designated employees of the Department and the Nevada Highway Patrol Division shall enforce the regulations of the Commission relating to the transport and handling of hazardous waste and the leakage or spill of that waste from packages.
(Added to NRS by 1981, 882; A 1985, 1990; 1987, 1755; 1989, 1489; 1993, 847; 1997, 2002; 1999, 3349; 2001, 899; 2003, 2115; 2015, 1680)
NRS 459.501 Certification of laboratory required for performance of analysis to detect presence of hazardous waste or regulated substance in soil or water for certain purposes; exception.
1. Except as otherwise provided in subsection 2, any analysis performed to detect the presence of hazardous waste or a regulated substance in soil or water as required for the purposes of NRS 459.400 to 459.600, inclusive, 459.610 to 459.658, inclusive, or 459.800 to 459.856, inclusive, must be performed by a laboratory certified pursuant to the regulations adopted pursuant to NRS 459.500.
2. The provisions of subsection 1 do not apply to an analysis of waste that is managed by a facility for the management of hazardous waste.
(Added to NRS by 2003, 2114)
NRS 459.502 Certification of laboratory required for performance of analysis for person who generates waste to determine whether waste is hazardous. Any analysis performed for a person who generates waste to identify whether that waste is hazardous as required for the purposes of NRS 459.400 to 459.600, inclusive, must be performed by a laboratory certified pursuant to the regulations adopted pursuant to NRS 459.500.
(Added to NRS by 2003, 2114)
NRS 459.505 Agreements to provide state land for areas for disposal of hazardous waste.
1. The Director may enter into agreements relating to state land for the purpose of providing areas to dispose of hazardous waste and for related purposes.
2. No agreement may extend for more than 99 years.
3. All land used as provided in subsection 1 must be closed to the public, in a manner which the Director shall prescribe, during the term of the lease or agreement and thereafter until all danger to public health arising from that use no longer exists.
4. Regulations adopted by the Commission for the control of disposal sites immediately become part of each agreement entered into pursuant to subsection 1.
(Added to NRS by 1981, 887)
NRS 459.510 Fees for use of areas for disposal owned by State: Amount; payment; waiver; collection of interest; penalties. The Commission may establish by regulation:
1. License fees and any other fees for the use of state-owned disposal areas for hazardous wastes, in an amount sufficient to defray all costs of monitoring, securing or otherwise regulating the storage or disposal of hazardous wastes. The fee for use of a disposal area must not be less than 25 cents per cubic foot of material placed in the area. The person who contracts with the State for the use of a disposal area is responsible for the payment of these fees. The Commission may authorize the Department to waive all or part of the fees collected pursuant to this section for wastes generated:
(a) By agencies of the State of Nevada.
(b) In compliance with an order by the Department to clean up a spill or deposit.
2. Procedures for the collection of interest on delinquent fees and other accounts for the use of disposal areas.
3. Penalties of no more than $3,000 per day for each separate failure to comply with a license or agreement or $25,000 for any 30-day period for all failures to comply.
(Added to NRS by 1981, 887; A 1991, 843)
NRS 459.512 Payment of additional fees by facility for management of hazardous waste for training emergency personnel and ensuring safety of shipment of hazardous materials; penalty for late payment.
1. The owner or operator of a facility for the management of hazardous waste shall, in addition to any other applicable fees, pay to the Department to offset partially the cost incurred by the State Fire Marshal for training emergency personnel who respond to the scene of accidents or motor vehicle crashes involving hazardous materials a fee of $4.50 per ton of the volume received for the disposal of hazardous waste by the facility.
2. The owner or operator of a facility for the management of hazardous waste shall, in addition to any other applicable fees, pay to the Department to offset partially the cost incurred by the Public Utilities Commission of Nevada for inspecting and otherwise ensuring the safety of any shipment of hazardous materials transported by rail car through or within this State a fee of $1.50 per ton of the volume received for the disposal of hazardous waste by the facility.
3. The operator of such a facility shall pay the fees provided in this section, based upon the volume of hazardous waste received by the facility during each quarter of the calendar year, within 30 days after the end of each quarter. The Department may assess and collect a penalty of 2 percent of the unpaid balance for each month, or portion thereof, that the fee remains due.
(Added to NRS by 1991, 842; A 1997, 2003; 2015, 1681)
NRS 459.515 Construction, alteration or operation of facility without permit unlawful; exception.
1. It is unlawful for any person to:
(a) Construct, substantially alter or operate any facility for the treatment, storage or disposal of hazardous waste; or
(b) Treat, store or dispose of any hazardous waste,
Ê unless the person has first obtained a permit from the Department to do so.
2. A person who:
(a) Conducts an activity for which a permit is required pursuant to this section, and is doing so on the effective date of the regulations establishing procedures for the system of permits; and
(b) Has made an application for a permit,
Ê shall be deemed to have been issued a permit until his or her application has been acted upon, unless a delay in that action was caused by the person’s failure to furnish information which was reasonably requested or required for the processing of the application.
3. The Commission may require a person who is conducting an activity pursuant to subsection 2 to comply with requirements which it has specified by regulation before a permit is issued.
(Added to NRS by 1981, 883)
NRS 459.520 Regulations governing permits.
1. The Commission shall adopt regulations for the granting, renewal, modification, suspension, revocation and denial of permits.
2. If the local government within whose territory a facility for the treatment, storage or disposal of hazardous waste is to be located requires that a special use permit or other authorization be obtained for such a facility or activity, the application to the Department for a permit to operate such a facility must show that local authorization has been obtained. This requirement does not apply to an application for a permit to construct a utility facility that is subject to the provisions of NRS 704.820 to 704.900, inclusive.
3. Permits may contain terms and conditions which the Department considers necessary and which conform to the provisions of regulations adopted by the Commission.
4. Permits may be issued for any period of not more than 10 years.
5. A permit may not be granted or renewed if the Director determines that granting or renewing the permit is inconsistent with any regulation of the Commission relating to hazardous waste or with the plan for management of hazardous waste developed pursuant to NRS 459.485. The provisions of this subsection do not apply to a permit granted or under review before July 1, 1987.
6. The Department may suspend or revoke a permit pursuant to the Commission’s regulations if the holder of the permit fails or refuses to comply with the terms of the permit or a regulation of the Commission relating to hazardous waste.
7. A permit may not be granted, renewed or modified for a facility for the disposal of hazardous waste that proposes to construct or operate a landfill unless the Director determines that the landfill is or will be constructed to include at least one liner and a leachate collection and removal system designed to prevent the migration of waste or leachate to the adjacent subsurface soils, groundwater and surface water.
8. As used in this section:
(a) “Landfill” means a disposal facility or part of a facility where hazardous waste is placed in or on land and which is not a pile, a land-treatment facility, a surface impoundment, an underground-injection well, a salt-dome formation, a salt-bed formation, an underground mine or a cave.
(b) “Leachate” means any liquid, including any suspended components in the liquid, that has percolated through or drained from a landfill.
(c) “Leachate collection and removal system” means a layer of granular or synthetic materials installed above a liner and operated in conjunction with drains, pipes, sumps and pumps or other means designed to collect and remove leachate from a landfill.
(d) “Liner” means a continuous layer of artificially created material installed beneath and on the sides of a landfill which restricts the downward or lateral escape of hazardous waste, hazardous waste constituents or leachate, and prevents the migration of waste to the adjacent subsurface soils, groundwater and surface water.
(Added to NRS by 1981, 884; A 1985, 903; 1987, 1482; 2001, 2990; 2005, 1504; 2019, 1532)
NRS 459.525 Financial responsibility of owner or operator of facility; claim against insurer, guarantor, surety or other person providing evidence of financial responsibility.
1. The Commission shall adopt regulations requiring that the owner or operator of any facility for the treatment, storage or disposal of hazardous waste show his or her financial responsibility for the undertaking by providing:
(a) Evidence that the owner or operator has a policy of liability insurance in an amount which the Department has determined is necessary for the protection of human health, public safety and the environment;
(b) Evidence of security, in a form and amount which the Department deems necessary, to ensure that at the time of any abandonment, cessation or interruption of the service provided by the facility, and thereafter, all appropriate measures will be taken to prevent damage to human health, public safety and the environment; and
(c) Any other evidence of financial responsibility which the Commission finds necessary for those purposes.
2. Requirements established pursuant to this section may not exceed those requirements for financial responsibility established pursuant to the Resource Conservation and Recovery Act of 1976, 42 U.S.C. §§ 6901 et seq.
3. Any claim arising from conduct for which evidence of financial responsibility is required may be asserted directly against the insurer, guarantor, surety or other person providing such evidence if the owner or operator:
(a) Has filed a petition in bankruptcy, or is the object of an involuntary petition;
(b) Cannot respond in damages in the event a judgment is entered against the owner or operator; or
(c) Is not subject to the personal jurisdiction of any court of this or any other state, or of the United States, or cannot, with due diligence, be served with process.
4. If a claim is asserted directly against a person providing evidence of financial responsibility, that person may assert any right or defense which:
(a) The person might have asserted in any action against him or her by the owner or operator; or
(b) The owner or operator might have asserted, had the claim been made against him or her.
(Added to NRS by 1981, 884; A 1987, 1482)
NRS 459.530 Account for Management of Hazardous Waste: Creation; source; separate accounting for certain fees collected.
1. All proceeds from agreements entered into pursuant to NRS 459.505, all application fees collected pursuant to NRS 459.634, all reimbursements and penalties recovered pursuant to NRS 459.537, and all fees collected and all civil penalties imposed pursuant to NRS 459.400 to 459.658, inclusive, must be deposited with the State Treasurer for credit to the Account for the Management of Hazardous Waste, which is hereby created in the State General Fund. All interest earned on the money in the Account must be credited to the Account. The money in the Account must be paid as other claims against the State are paid.
2. The State Treasurer shall account separately for each of the fees collected pursuant to NRS 459.512.
(Added to NRS by 1981, 884; A 1985, 904; 1991, 843, 1771; 1993, 839; 1999, 2695; 2003, 346)
NRS 459.535 Account for Management of Hazardous Waste: Use.
1. Except as otherwise provided in NRS 459.537 and subsection 2 of this section, the money in the Account for the Management of Hazardous Waste may be expended only to pay the costs of:
(a) The continuing observation or other management of hazardous waste;
(b) Establishing and maintaining a program of certification of consultants involved in the clean up of leaks of hazardous waste, hazardous material or a regulated substance from underground storage tanks or the clean up of spills of or accidents or motor vehicle crashes involving hazardous waste, hazardous material or a regulated substance;
(c) Training persons to respond to accidents, motor vehicle crashes or other emergencies related to hazardous materials, including any basic training by the State Fire Marshal which is necessary to prepare personnel for advanced training related to hazardous materials;
(d) Establishing and maintaining a program by the Public Utilities Commission of Nevada to inspect and otherwise ensure the safety of any shipment of hazardous materials transported by rail car through or within the State; and
(e) Financial incentives and grants made in furtherance of the program developed pursuant to paragraph (c) of subsection 2 of NRS 459.485 for the minimization, recycling and reuse of hazardous waste.
2. Money in the Account for the Management of Hazardous Waste may be expended to provide matching money required as a condition of any federal grant for the purposes of NRS 459.800 to 459.856, inclusive, or for any other purpose authorized by the Legislature.
(Added to NRS by 1985, 903; A 1989, 775, 1490, 1491; 1991, 843, 1772; 1993, 839; 1997, 2003; 2010, 26th Special Session, 19; 2015, 1681)
NRS 459.537 Account for Management of Hazardous Waste: Payment of costs of responding to leak, spill, accident or motor vehicle crash; reimbursement; action by Attorney General.
1. If the person responsible for a leak or spill of or an accident or motor vehicle crash involving hazardous waste, hazardous material or a regulated substance does not act promptly and appropriately to clean and decontaminate the affected area properly, and if his or her inaction presents an imminent and substantial hazard to human health, public safety or the environment, money from the Account for the Management of Hazardous Waste may be expended to pay the costs of:
(a) Responding to the leak, spill, accident or crash;
(b) Coordinating the efforts of state, local and federal agencies responding to the leak, spill, accident or crash;
(c) Managing the cleaning and decontamination of an area for the disposal of hazardous waste or the site of the leak, spill, accident or crash;
(d) Removing or contracting for the removal of hazardous waste, hazardous material or a regulated substance which presents an imminent danger to human health, public safety or the environment; or
(e) Services rendered in responding to the leak, spill, accident or crash, by consultants certified pursuant to regulations adopted by the Commission.
2. Except as otherwise provided in this subsection or NRS 459.610 to 459.658, inclusive, the Director shall demand reimbursement of the Account for money expended pursuant to subsection 1 from any person who is responsible for the accident, crash, leak or spill, or who owns or controls the hazardous waste, hazardous material or a regulated substance, or the area used for the disposal of the waste, material or substance. Payment of the reimbursement is due within 60 days after the person receives notice from the Director of the amount due. The provisions of this section do not apply to a spill or leak of or an accident or motor vehicle crash involving natural gas or liquefied petroleum gas while it is under the responsibility of a public utility.
3. At the request of the Director, the Attorney General shall initiate recovery by legal action of the amount of any unpaid reimbursement plus interest at a rate determined pursuant to NRS 17.130 computed from the date of the incident.
4. As used in this section:
(a) “Does not act promptly and appropriately” means that the person:
(1) Cannot be notified of the incident within 2 hours after the initial attempt to contact the person;
(2) Does not, within 2 hours after receiving notification of the incident, make an oral or written commitment to clean and decontaminate the affected area properly;
(3) Does not act upon the commitment within 24 hours after making it;
(4) Does not clean and decontaminate the affected area properly; or
(5) Does not act immediately to clean and decontaminate the affected area properly, if his or her inaction presents an imminent and substantial hazard to human health, public safety or the environment.
(b) “Responding” means any efforts to mitigate, attempt to mitigate or assist in the mitigation of the effects of a leak or spill of or an accident or motor vehicle crash involving hazardous waste, hazardous material or a regulated substance, including, without limitation, efforts to:
(1) Contain and dispose of the hazardous waste, hazardous material or regulated substance.
(2) Clean and decontaminate the area affected by the leak, spill, accident or crash.
(3) Investigate the occurrence of the leak, spill, accident or crash.
(Added to NRS by 1993, 837; A 1999, 2695; 2015, 1682)
NRS 459.540 Condition in permit specifying time allowed for completion of modification. When the Department receives an application for a permit to carry out modifications to an existing facility or finds that modifications are necessary to enable the owner or operator of a new facility to comply with the requirements of NRS 459.400 to 459.600, inclusive, it may include a condition in the permit specifying the time which will be allowed to complete the modifications.
(Added to NRS by 1981, 885)
NRS 459.545 Substitution of equivalent standards of protection.
1. Except as otherwise provided in subsection 3, the Commission may by regulation adopt a procedure under which an applicant or holder of a permit may demonstrate that a standard he or she proposes would offer protection of human health, public safety and the environment which is equivalent to a standard of the Commission.
2. Except as otherwise provided in subsection 3, the Commission may specify certain standards which may be considered for substitution pursuant to this section.
3. The Commission may not by regulation adopt a procedure or specify a standard which would allow a facility for the disposal of hazardous waste to construct or operate a landfill in a manner that fails to comply with the requirements of subsection 7 of NRS 459.520.
(Added to NRS by 1981, 885; A 2005, 1505)
NRS 459.546 Variances: Conditions and criteria for granting; revocation.
1. Except as otherwise provided in subsection 4, the owner or operator of a facility for the treatment, storage or disposal of hazardous waste or a person who wishes to construct such a facility may apply to the Commission for a variance from its applicable regulations. The Commission may grant a variance only if, after a public hearing on due notice, it finds from a preponderance of the evidence that:
(a) The facility or proposed facility, under the worst adverse conditions, does not or will not endanger or tend to endanger the environment and human health or safety; and
(b) Compliance with the regulations would produce serious hardship without equal or greater benefits to the environment or public.
2. The Commission shall not grant a variance unless it has considered in the following order of priority the interests of:
(a) The public;
(b) Other owners of property likely to be affected by the emissions or discharge; and
(c) The applicant.
3. The Commission may:
(a) Upon granting a variance, impose certain conditions upon the applicant; or
(b) Revoke the variance if the applicant fails to comply with those conditions.
4. The Commission shall not grant a variance from its applicable regulations that would allow a facility for the disposal of hazardous waste to construct or operate a landfill in a manner that fails to comply with the requirements of subsection 7 of NRS 459.520.
(Added to NRS by 1989, 1455; A 2005, 1505)
NRS 459.547 Variances: Renewal; protest and hearing on application for renewal.
1. A variance may be renewed only under circumstances and upon conditions which would justify its original granting.
2. An application for a renewal of a variance must be made at least 60 days before the expiration of the variance. The Commission shall give public notice of the application.
3. If a protest is filed with the Commission against the renewal, the Commission shall hold a public hearing and shall not renew the variance unless it makes specific, written findings of fact which justify the renewal.
(Added to NRS by 1989, 1456)
NRS 459.548 Variances: Regulations governing applications; fees.
1. The Commission may adopt regulations governing applications for variances.
2. The regulations may include, but are not limited to:
(a) The contents of the application; and
(b) The period for which a variance may be granted.
3. The Commission may establish such fees as are necessary to cover the costs of reviewing and processing an application.
(Added to NRS by 1989, 1456)
NRS 459.549 Variances: Granting and renewal discretionary. No applicant is entitled to the granting or renewal of a variance as of right.
(Added to NRS by 1989, 1456)
NRS 459.550 Records and reports.
1. The Commission shall adopt regulations which require licensees to keep records and submit reports on hazardous waste and which prescribe procedures for:
(a) Installing, calibrating, using and maintaining monitoring equipment or other methods for obtaining data on hazardous wastes;
(b) Taking samples and performing tests and analyses;
(c) Establishing and maintaining suitable records; and
(d) Making reports to the Department.
2. It is unlawful for any person to generate, store, transport, treat or dispose of hazardous waste without reporting each activity to the Department in accordance with regulations adopted by the Commission.
(Added to NRS by 1981, 885)
NRS 459.555 Disclosure of public and confidential information.
1. Except as otherwise provided in this section, information which the Department obtains in the course of the performance of its duties relating to hazardous waste is public information.
2. Except as otherwise provided in NRS 239.0115, any information which specifically relates to the trade secrets of any person, including any processes, operations, style of work or apparatus, is confidential whenever it is established to the satisfaction of the Director that the information is entitled to protection as a trade secret. In determining whether the information is entitled to protection, the Director shall consider, among other things, whether the disclosure of that information would tend to affect adversely the competitive position of the information’s owner.
3. Any information which is confidential under subsection 2 may be disclosed to any officer, employee or authorized representative of this State or the United States if:
(a) He or she is engaged in carrying out the provisions of NRS 459.400 to 459.600, inclusive, or the provisions of federal law relating to hazardous waste; or
(b) The information is relevant in any judicial proceeding or adversary administrative proceeding under NRS 459.400 to 459.600, inclusive, or under the provisions of federal law relating to hazardous waste, and is admissible under the rules of evidence.
4. The Commission shall adopt regulations concerning the availability of information which satisfy the criteria established by the Federal Government for delegation to the state of federal programs concerning the management of, and the enforcement of laws relating to, hazardous waste.
(Added to NRS by 1981, 885; A 1983, 1121; 1985, 904; 1991, 908; 2007, 2113)
NRS 459.558 Applicability of NRS 459.560 and 459.565.
1. The provisions of NRS 459.560 and 459.565 that concern hazardous substances do not apply:
(a) In a county whose population is less than 55,000;
(b) To mining or agricultural activities; or
(c) To other facilities or locations where the quantity of any one hazardous substance at any one facility or location does not exceed 1,000 kilograms at any time.
2. All other provisions of NRS 459.560 and 459.565, including the provisions concerning hazardous waste, apply to all counties and all industries without regard to volume.
(Added to NRS by 1991, 857; A 2001, 1992; 2011, 1279)
NRS 459.560 Inspections. Any authorized representative or employee of the Commission or the Department may, for the purpose of carrying out his or her duties pursuant to NRS 459.400 to 459.600, inclusive, or to enforce a regulation adopted pursuant to those sections:
1. Enter any place where waste or a substance which the Department has reason to believe may be hazardous waste or a hazardous substance is or may have been generated, stored, transported, treated, disposed of or otherwise handled;
2. Inspect and obtain samples of any waste or substance which the Department has reason to believe may be hazardous waste or a hazardous substance, including samples from any vehicle in which waste or substance is being transported, and samples of containers and labels; and
3. Inspect and copy any records, reports, information or test results relating to the management of hazardous wastes or hazardous substances.
(Added to NRS by 1981, 885; A 1991, 858)
NRS 459.565 Action to prevent practice or act which constitutes hazard to human health, public safety or environment.
1. If the Department receives information that the handling, storage, transportation, treatment or disposal of any waste or hazardous substance may present an imminent and substantial hazard to human health, public safety or the environment, it may:
(a) Issue an order directing the owner or operator of the facility for treatment, storage or disposal of the waste or the owner or operator of any site where the treatment, storage or disposal of a hazardous substance has occurred or may occur or any other person who has custody of the waste or hazardous substance to take necessary steps to prevent the act or eliminate the practice which constitutes the hazard.
(b) Order a site assessment to be conducted and a remediation plan to be developed pursuant to regulations adopted by the Commission.
(c) Assess costs and expenses incurred by the Department in carrying out the provisions of this section or in removing, correcting or terminating any hazard to human health, public safety or the environment pursuant to regulations adopted by the Commission.
(d) Request that the Attorney General commence an action to enjoin the practices or acts which constitute the hazard.
(e) Take any other action designed to reduce or eliminate the hazard.
2. The Department may perform inspections pursuant to NRS 459.560 and issue an order directing the owner or operator of the facility for treatment, storage or disposal of waste or the owner or operator of any site where the treatment, storage or disposal of a hazardous substance has occurred or may occur or any other person who has custody of the waste or hazardous substance to take any necessary steps to prevent any act or eliminate any practice or effect which could constitute a hazard to human health, public safety or the environment.
(Added to NRS by 1981, 885; A 1991, 858)
NRS 459.570 Order to prevent act or practice which violates NRS 459.400 to 459.560, inclusive. Whenever the Director finds that any person is engaging or has engaged in any act or practice which violates any provision of NRS 459.400 to 459.560, inclusive, or a regulation adopted pursuant to those sections or any term or condition of a permit issued by the Department, the Director may issue an order:
1. Specifying the provision which is alleged to have been violated or which is about to be violated;
2. Setting forth the facts alleged to constitute the violation;
3. Prescribing any corrective action which must be taken and a reasonable time within which it must be taken; and
4. Requiring the person to whom the order is directed to appear before the Director or a hearing officer appointed by the Director to show cause why the Department should not commence an action against the person in district court for appropriate relief.
(Added to NRS by 1981, 886)
NRS 459.575 Subpoenas. In carrying out the provisions of NRS 459.400 to 459.560, inclusive, the Commission, the Department and the Attorney General may by subpoena require the attendance and testimony of witnesses and the production of reports, papers, documents and other evidence which they deem necessary.
(Added to NRS by 1981, 886; A 1993, 840)
NRS 459.580 Injunctive relief.
1. The Director may seek an injunction in district court to prevent the occurrence or continuance of any act or practice which violates any provision of NRS 459.400 to 459.560, inclusive, or any regulation adopted or permit or order issued pursuant to those sections.
2. If the Director shows that a person is or has engaged in any act or practice which violates NRS 459.400 to 459.560, inclusive, or any regulation adopted or permit or order issued pursuant to those sections, the court may issue, without bond any prohibitory or mandatory injunction which the facts warrant, including a temporary restraining order or a preliminary or permanent injunction. A temporary restraining order may be granted only if the Director has attempted to notify the defendant of the Director’s intention to seek it before the beginning of the hearing.
3. The court may not deny a temporary restraining order or an injunction because the Director has failed to show that there is no adequate remedy at law or because the Director has not shown that irreparable harm will result from the act or practice which is the subject of the action.
4. The court may require a performance bond or other security by the respondent to ensure the compliance of the respondent with the order.
(Added to NRS by 1981, 886)
NRS 459.585 Civil penalties; damages; injunction.
1. Any person who violates or contributes to a violation of any provision of NRS 459.400 to 459.560, inclusive, 459.590 or of any regulation adopted or permit or order issued pursuant to those sections, or who does not take action to correct a violation within the time specified in an order, is liable to the Department for a civil penalty of not more than $25,000 for each day on which the violation occurs. This penalty is in addition to any other penalty provided by NRS 459.400 to 459.600, inclusive.
2. The Department may recover, in the name of the State of Nevada, actual damages which result from a violation, in addition to the civil penalty provided in this section. The damages may include expenses incurred by the Department in removing, correcting or terminating any adverse effects which resulted from the violation and compensation for any fish, aquatic life or other wildlife destroyed as a result of the violation.
3. In addition to any other remedy provided by this chapter, the Department may compel compliance with any provision of NRS 459.400 to 459.560, inclusive, 459.590 or of any regulation adopted or permit or order issued pursuant to those sections, by injunction or other appropriate remedy. The Department may institute and maintain in the name of the State of Nevada any such enforcement proceedings.
(Added to NRS by 1981, 886; A 1989, 1482; 1991, 829; 2019, 3979)
NRS 459.590 Unlawful transportation of hazardous waste. It is unlawful for any person to transport hazardous waste:
1. Without a manifest that complies with regulations adopted by the Commission;
2. That does not conform to the description of the waste specified in the manifest;
3. In a manner that does not conform to the manner of shipment described in the manifest; or
4. To a facility that has not been issued a permit to treat, store or dispose of the hazardous waste described in the manifest.
(Added to NRS by 1985, 903)
NRS 459.595 False statement, representation or certification; tampering with device. Any person who:
1. Knowingly makes any false statement, representation or certification on any application, record, report, manifest, plan or other document filed or required to be maintained by any provision of NRS 459.400 to 459.560, inclusive, NRS 459.590 or by any regulation adopted or permit or order issued pursuant to those sections; or
2. Falsifies, tampers with or knowingly renders inaccurate any device or method for continuing observation required by a provision of NRS 459.400 to 459.560, inclusive, or by any regulation adopted or permit or order issued pursuant to those sections,
Ê is guilty of a gross misdemeanor and shall be punished by imprisonment in the county jail for not more than 364 days, or by a fine of not more than $25,000, or by both fine and imprisonment. Each day the false document remains uncorrected or a device or method described in subsection 2 remains inaccurate constitutes a separate violation of this section for purposes of determining the maximum fine.
(Added to NRS by 1981, 887; A 1985, 904; 1991, 830; 2013, 988)
NRS 459.600 Operation without permit or in violation of condition of permit or order; disposal or discharge of hazardous waste in unauthorized manner; penalty. A person who, intentionally or with criminal negligence:
1. Violates NRS 459.590, subsection 1 of NRS 459.515 or any term or condition of a permit issued pursuant to NRS 459.520;
2. Violates an order issued by the Department relating to hazardous waste, if:
(a) The violation threatens or harms the environment or the personal safety of other persons; and
(b) The person has not made a good faith effort to comply with the order; or
3. Disposes of or discharges hazardous waste in any manner not authorized by the provisions of this chapter or regulations adopted thereunder,
Ê is guilty of a category D felony and shall be punished as provided in NRS 193.130, or by a fine of not more than $50,000 for each day of the violation, or by both fine and the punishment provided in NRS 193.130.
(Added to NRS by 1981, 887; A 1983, 1122; 1985, 905; 1991, 830; 1995, 1294)
PROGRAM FOR VOLUNTARY CLEANUP OF HAZARDOUS SUBSTANCES AND RELIEF FROM LIABILITY
NRS 459.610 Definitions. As used in NRS 459.610 to 459.658, inclusive, unless the context otherwise requires, the words and terms defined in NRS 459.612 to 459.630, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1999, 2689)
NRS 459.612 “Administrator” defined. “Administrator” means the Administrator of the Division.
(Added to NRS by 1999, 2689)
NRS 459.614 “Commission” defined. “Commission” means the State Environmental Commission.
(Added to NRS by 1999, 2689)
NRS 459.616 “Division” defined. “Division” means the Division of Environmental Protection of the State Department of Conservation and Natural Resources.
(Added to NRS by 1999, 2689)
NRS 459.618 “Eligible property” defined. “Eligible property” means real property located in this State that:
1. Except as otherwise provided in NRS 459.632, is not:
(a) Listed, proposed for listing or eligible for listing on the National Priorities List contained in Appendix B of Part 300 of Title 40 of the Code of Federal Regulations; and
(b) Owned, managed or controlled by a person or governmental entity subject to a pending investigation or ongoing enforcement action of the Federal Government pursuant to the federal Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq., or the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §§ 9601 et seq.;
2. Is not owned, managed or controlled by a person or governmental entity subject to a pending investigation or ongoing enforcement action of the Division with respect to that real property; and
3. Contains the site or probable site of a release of a hazardous substance.
(Added to NRS by 1999, 2689)
NRS 459.620 “Hazardous substance” defined. “Hazardous substance” means a substance or combination of substances whose presence gives rise to liability or potential liability on the part of an owner or operator pursuant to NRS 459.537 or 42 U.S.C. § 9607(a).
(Added to NRS by 1999, 2689)
NRS 459.622 “Participant” defined. “Participant” means a person whose application to participate in the program has been approved by the Administrator.
(Added to NRS by 1999, 2689)
NRS 459.624 “Program” defined. “Program” means voluntary cleanup and relief from liability pursuant to NRS 459.610 to 459.658, inclusive.
(Added to NRS by 1999, 2689)
NRS 459.626 “Prospective purchaser” defined. “Prospective purchaser” means a person who is not a responsible party and who has entered into a contract, or holds an option, to purchase an eligible property for its fair market value in a transaction at arm’s length.
(Added to NRS by 1999, 2689)
NRS 459.628 “Remedial agreement” defined. “Remedial agreement” means an agreement between a participant and the Division specifying the action to be taken to remove or remedy hazardous substances present on an eligible property.
(Added to NRS by 1999, 2690)
NRS 459.630 “Responsible party” defined. “Responsible party” means:
1. A current or former owner or operator of a site or facility who caused or contributed to the release of a hazardous substance at the site or facility; and
2. A generator or transporter of a hazardous substance who caused or contributed to the release of the hazardous substance at a site or facility.
(Added to NRS by 1999, 2690)
NRS 459.632 Certain real property deemed to be eligible property. Real property located in this State that is listed, proposed for listing or eligible for listing on the National Priorities List contained in Appendix B of Part 300 of Title 40 of the Code of Federal Regulations or that is owned, managed or controlled by a person or governmental entity subject to a pending investigation or ongoing enforcement action by the Federal Government pursuant to the federal Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq., or the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §§ 9601 et seq., shall be deemed to be eligible property if:
1. The property satisfies the elements of the definition of eligible property set forth in subsections 2 and 3 of NRS 459.618; and
2. The reason for which the property was listed or is proposed or eligible for listing on the National Priorities List or for the investigation or enforcement action by the Federal Government is unrelated to the hazardous substance that a participant intends to remove from or remediate on the property pursuant to a remedial agreement submitted pursuant to NRS 459.636.
(Added to NRS by 1999, 2690)
NRS 459.634 Application for participation in program; action by Administrator on application.
1. A responsible party with respect to an eligible property, or a prospective purchaser of an eligible property may apply to participate in the program. The application must be made to the Administrator in writing and must include:
(a) An environmental assessment of the property, including the source, nature and location of all hazardous substances known to, or reasonably believed by, the applicant to be located on the property;
(b) A proposed general plan for removal or remediation on the property; and
(c) The application fee and any other information required pursuant to the regulations adopted by the Commission pursuant to NRS 459.656.
2. The Administrator shall approve or deny an application made pursuant to subsection 1 within 60 days after its submission, unless for good cause the Administrator extends the period for not more than an additional 30 days. Notice of an extension must be delivered to the applicant before the expiration of the original period for processing the application.
3. If the Administrator denies an application, the Administrator shall deliver to the applicant, within 30 days after the denial, a written explanation of the reasons for denial.
(Added to NRS by 1999, 2690)
NRS 459.636 Submission of remedial agreement for approval; prerequisites to approval; explanation of disapproval.
1. After an application is approved, the participant shall submit a remedial agreement to the Administrator for the Administrator’s approval.
2. The Administrator shall approve a remedial agreement only if:
(a) The agreement:
(1) Provides for the recovery by the Division of all direct and indirect costs, in excess of the application fee, of overseeing and supervising the removal or remediation of the hazardous substance or substances on the property;
(2) Specifies the substance to be removed from or remediated on the property, the actions to be taken and the standards to be met with respect to removal or remediation, and the uses for which the property will not be suitable after the removal or remediation is carried out; and
(3) Includes a grant to the Administrator of an irrevocable easement or right of entry onto the property to oversee and observe the work during and after the removal or remediation;
(b) The removal or remediation of the hazardous substance or substances will:
(1) Restore the property to the condition to which it would be restored if the Division caused action to be taken pursuant to NRS 459.537;
(2) Not cause, contribute to or worsen any release or threatened release of a hazardous substance on the property;
(3) Adequately protect human health and the environment; and
(4) Comply with any applicable regulations adopted by the Commission pursuant to NRS 459.656; and
(c) The participant is financially capable of undertaking the removal or remediation of the hazardous substance or substances.
3. If the participant is not the owner of the property, the Administrator shall not approve a remedial agreement unless the owner first agrees to the terms of the agreement.
4. Before approving a remedial agreement, the Administrator shall:
(a) Publish a notice and brief summary of the agreement in a newspaper of general circulation in the county where the property is located;
(b) Make reasonable efforts to provide personal notice to all responsible parties known to the Administrator and to all owners and residents of property within 500 yards of the outer boundary of the property on which the work is to be performed;
(c) Provide 30 days for the submission of written comments; and
(d) Hold a public hearing in the county where the property is located.
5. If the Administrator disapproves a proposed remedial agreement, the Administrator shall deliver to the participant, within 30 days after the disapproval, a written explanation of the reasons for the disapproval.
(Added to NRS by 1999, 2690)
NRS 459.638 Certification of completion of remedial agreement; issuance, contents and recordation of certificate of completion; explanation of failure to issue certificate.
1. After a participant has completed the action specified in his or her remedial agreement for the removal or remediation of hazardous substances, the participant shall certify to the Administrator that the action has been completed according to the agreement. After the Administrator has verified the certification, the Administrator shall issue the participant a certificate of completion.
2. A certificate of completion must:
(a) Contain the name of the participant and of any other person relieved from liability by the certificate and the legal description of the property to which it relates;
(b) Summarize the nature of the removal or remediation performed on the property, and the nature of the relief provided by NRS 459.610 to 459.658, inclusive; and
(c) Be recorded by the Administrator in the office of the county recorder of the county where the real property is located, and indexed to show its relation to that real property.
3. If the Administrator does not issue a certificate of completion after receiving the participant’s certification that the work has been completed, the Administrator shall deliver to the participant, within 30 days after receipt of the certificate, a written explanation of the reasons why the certificate was not issued.
(Added to NRS by 1999, 2691)
NRS 459.640 Effect of certificate of completion: Relief from liability.
1. Except as otherwise provided in NRS 459.642, the holder of a certificate of completion issued by the Administrator is not a responsible party with respect to a release of a hazardous substance occurring on the property to which the certificate relates before the certificate was issued. The State may not maintain an action pursuant to federal law or NRS 459.537 to recover costs from the holder with respect to such a release.
2. The relief from liability provided by a certificate of completion remains effective despite a subsequent change in state or federal law.
(Added to NRS by 1999, 2692)
NRS 459.642 Effect of certificate of completion: Limitations on relief from liability. The holder of a certificate of completion is not released from liability:
1. If the holder obtained approval of his or her application, approval of his or her remedial agreement or issuance of the certificate by means of fraud, misrepresentation or a knowing failure to disclose material information;
2. If the existence of the hazardous substance on the property was not disclosed in his or her remedial agreement, whether or not the holder knew or should have known of its existence;
3. With respect to a release of a hazardous substance caused by the holder or his or her agent, unless the release is remedied before the certificate of completion is issued and is included in the certificate of completion;
4. In a criminal prosecution or an action for damage to a natural resource;
5. In an action for nuisance at common law, for trespass or for the conduct of an abnormally dangerous activity;
6. With respect to a use of the property for which the property is no longer suitable after the removal or remediation has been carried out, as identified pursuant to subparagraph (2) of paragraph (a) of subsection 2 of NRS 459.636; or
7. For a release of any hazardous substance not specified in the remedial agreement.
(Added to NRS by 1999, 2692)
NRS 459.644 Effect of certificate of completion: Applicability to persons other than original holder.
1. The relief from liability provided by NRS 459.640 extends to another person who:
(a) Purchases or leases the property to which the certificate of completion relates; or
(b) Acquires, merges with or purchases substantially all of the assets of the holder of the certificate,
Ê after the certificate is issued, if the other person is not otherwise a responsible party. The other person is subject to any duties of the original holder of the certificate under the remedial agreement or the certificate.
2. The relief provided to a subsequent owner or lessee continues even if it is determined that the original holder of the certificate is not released from liability because of a provision of NRS 459.642 if:
(a) The subsequent owner or lessee purchased or leased the property in good faith for its fair market value; and
(b) The actions of the original holder of the certificate cannot be attributed to the subsequent owner or lessee under a provision of law other than this chapter.
3. If the original holder of a certificate of completion is a prospective purchaser, the relief from liability provided by NRS 459.640 extends to the person from whom he or she purchases the property if:
(a) The seller and purchaser so agree;
(b) The seller bears the expense of removal or remediation performed on the property, directly or indirectly;
(c) The seller is a responsible party only because of his or her ownership of the property; and
(d) The Administrator approves the extension of relief and incorporates it into the certificate of completion.
(Added to NRS by 1999, 2692)
NRS 459.646 Limitations on liability of lenders and persons with security interest in property.
1. A person who, without participating in the management of a parcel of real property, holds or is the beneficiary of evidence of title to the property primarily to protect a security interest in the property is not a responsible party with respect to a release of a hazardous substance on the property if:
(a) The owner of the property is relieved from liability under NRS 459.610 to 459.658, inclusive, with respect to the release;
(b) The owner or holder of evidence of title did not cause the release; and
(c) The owner or holder of evidence of title does not participate actively in decisions concerning hazardous substances on the property.
2. A lender to a prospective purchaser who has filed an application to participate in the program pursuant to NRS 459.634 or a lender who forecloses his or her security interest in property pursuant to NRS 40.430 to 40.450, inclusive, or 107.080 to 107.140, inclusive, and within a reasonable period after the foreclosure, not to exceed 2 years, sells, transfers or conveys the property to a prospective purchaser who has filed an application to participate in the program pursuant to NRS 459.634 is not a responsible party solely as a result of:
(a) Foreclosing a security interest in the property; or
(b) Making a loan to the prospective purchaser if the loan:
(1) Is to be used for acquiring property or removing or remediating hazardous substances on property; and
(2) Is secured by the property that is to be acquired or on which is located the hazardous substances that are to be removed or remediated.
(Added to NRS by 1999, 2693; A 2009, 1759)
NRS 459.648 Limitations on liability of prospective purchasers. A prospective purchaser is not a responsible party solely as the result of:
1. Conducting an environmental assessment of real property;
2. Contracting to purchase, or acquiring an option to purchase, real property;
3. Applying to participate in a program; or
4. Conducting or supervising removal or remediation of a hazardous substance or substances, while exercising reasonable care, pursuant to an approved remedial agreement.
(Added to NRS by 1999, 2694)
NRS 459.650 Action against responsible party by holder of certificate of completion or seller of property.
1. The holder of a certificate of completion may maintain an action against a responsible party to recover the holder’s costs of performing removal or remediation of a hazardous substance or substances pursuant to a program.
2. If the holder is a prospective purchaser and his or her seller qualifies for relief from liability pursuant to NRS 459.644, the seller may maintain an action against a responsible party to recover the seller’s costs of performing removal or remediation of a hazardous substance or substances pursuant to a program.
(Added to NRS by 1999, 2694)
NRS 459.652 Termination of participation in program.
1. A participant may terminate his or her participation in a program upon 30 days’ written notice to the Administrator.
2. The Administrator may terminate the participation of a participant in a program only if:
(a) The participant, after a reasonable period, has not proposed and is unlikely to be able to propose a remedial agreement that meets the requirements of NRS 459.636;
(b) The participant fails materially to comply with the requirements of the remedial agreement or NRS 459.610 to 459.658, inclusive; or
(c) From information not known to the Administrator when the remedial agreement was approved, the Administrator determines that the removal or remediation in progress or to be performed on the property poses an imminent and substantial threat of harm to human health or the environment.
3. An application, remedial agreement or certificate of completion is not an admission of liability on the part of the applicant or participant, but a termination of participation does not otherwise affect the rights of the Division.
(Added to NRS by 1999, 2694)
NRS 459.654 Review of decisions of Administrator.
1. A decision of the Administrator to approve an application or a remedial agreement or to issue a certificate of completion is final and may not be reviewed.
2. If the Administrator denies an application for any reason other than incompleteness, disapproves a proposed remedial agreement, does not issue a certificate of completion within the time allowed or terminates the participation of a participant in a program, the applicant or participant may apply to the Commission to review the decision pursuant to chapter 233B of NRS.
(Added to NRS by 1999, 2694)
NRS 459.656 Adoption of regulations by Commission. The Commission shall adopt such regulations as the Commission determines are necessary to carry out the provisions of NRS 459.610 to 459.658, inclusive. Regulations adopted pursuant to this section:
1. Must include, without limitation, provisions relating to the:
(a) Duties and functions of consultants who are certified, or exempt from the requirement of certification, as provided by NRS 459.500;
(b) Financial capability and responsibility required of a participant; and
(c) Required form and content of and any fee required to be submitted with an application, certificate or remedial agreement.
2. May include, without limitation, provisions relating to the issuance of a temporary, interim or partial certificate of completion or progress with respect to a remedial agreement.
(Added to NRS by 1999, 2694)
NRS 459.658 Negotiation with Environmental Protection Agency regarding effect of certificate of completion. The Administrator shall make a good faith effort to negotiate with the Environmental Protection Agency to ensure that a certificate of completion issued pursuant to NRS 459.610 to 459.658, inclusive, will relieve a participant from liability to the United States to the same extent as those sections provide relief from liability to this State.
(Added to NRS by 1999, 2695)
CLASS B FIREFIGHTING FOAM THAT CONTAINS INTENTIONALLY ADDED PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES
NRS 459.670 Definitions. As used in NRS 459.670 to 459.686, inclusive, the words and terms defined in NRS 459.672 to 459.678, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2021, 480)
NRS 459.672 “Class B firefighting foam” defined. “Class B firefighting foam” means a foam designed to extinguish flammable liquid fires.
(Added to NRS by 2021, 480)
NRS 459.674 “Class B firefighting foam that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances” defined. “Class B firefighting foam that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances” means Class B firefighting foam containing perfluoroalkyl and polyfluoroalkyl substances that is designed to include at least one fully fluorinated carbon atom that is fully functional in the foam.
(Added to NRS by 2021, 480)
NRS 459.676 “Division” defined. “Division” means the Division of Environmental Protection of the State Department of Conservation and Natural Resources.
(Added to NRS by 2021, 480)
NRS 459.678 “Perfluoroalkyl and polyfluoroalkyl substances” defined. “Perfluoroalkyl and polyfluoroalkyl substances” means a class of fluorinated organic chemicals that contain at least one fully fluorinated carbon atom.
(Added to NRS by 2021, 480)
NRS 459.680 Inapplicability of certain provisions where preempted by or in conflict with federal law. The provisions of NRS 459.682 and 459.684 do not apply to the extent that those provisions are preempted by or conflict with federal law, including, without limitation, any provision of federal law requiring the use of Class B firefighting foam that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances pursuant to 14 C.F.R. Part 139 or for military purposes.
(Added to NRS by 2021, 480)
NRS 459.682 Prohibition on discharge, use or release; exception; penalty.
1. Except as otherwise provided in this section and NRS 459.680, a person, political subdivision, local government or state or local agency shall not discharge, use or release, or allow its employees or independent contractors to discharge, use or release, any Class B firefighting foam that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances for the purpose of:
(a) Testing the Class B firefighting foam that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances unless the person testing the foam has ensured that any measures necessary for the proper containment, treatment and disposal of the foam are available at the testing location and such measures will prevent the release of Class B firefighting foam that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances to the surrounding environment; or
(b) Firefighting training.
2. Any person who violates the provisions of subsection 1 is guilty of a misdemeanor.
(Added to NRS by 2021, 480)
NRS 459.684 Reporting of discharge, use or release. Except as otherwise provided in NRS 459.680, any person, political subdivision, local government or state or local agency who discharges, uses or releases, or allows its employees or independent contractors to discharge, use or release, Class B firefighting foam that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances must report the discharge, use or release to the Division not later than 24 hours after the discharge, use or release. The notification must include, without limitation:
1. The time, date, location and an estimate of the amount of the discharge, use or release of Class B firefighting foam that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances; and
2. The purpose or reason for the discharge, use or release.
(Added to NRS by 2021, 480)
NRS 459.686 Working group to study issues relating to environmental contamination: Establishment; composition; duties; members serve without compensation.
1. The Division shall establish a working group to study issues relating to environmental contamination resulting from perfluoroalkyl and polyfluoroalkyl substances in this State which must be composed of representatives of interested state and local public agencies, labor organizations, community organizations and trade associations.
2. The working group established pursuant to subsection 1 shall, without limitation:
(a) Evaluate the potential for environmental contamination in this State resulting from perfluoroalkyl and polyfluoroalkyl substances;
(b) Determine the location of potentially significant discharges or releases of perfluoroalkyl and polyfluoroalkyl substances in this State;
(c) Determine the potential sources of exposure to perfluoroalkyl and polyfluoroalkyl substances for residents of this State;
(d) Compile information relating to existing federal, state and local actions to monitor, contain and clean up environmental contamination resulting from perfluoroalkyl and polyfluoroalkyl substances; and
(e) Develop recommendations for state and local action to monitor, contain and clean up environmental contamination resulting from perfluoroalkyl and polyfluoroalkyl substances.
3. The members of the working group serve without compensation.
4. As used in this section, “public agency” means an agency, bureau, board, commission, department or division of the State of Nevada or a political subdivision of the State of Nevada.
(Added to NRS by 2021, 481)
HANDLING OF HAZARDOUS MATERIALS
General Provisions
NRS 459.700 Definitions. As used in NRS 459.700 to 459.780, inclusive, unless the context otherwise requires, the words and terms defined in NRS 459.7005 to 459.7032, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1987, 1750; A 1989, 278; 1991, 1109; 1993, 139, 264, 840, 842, 848, 851; 1995, 546; 1999, 3350)
NRS 459.7005 “Base state” defined. “Base state” means a participating state designated by a motor carrier pursuant to the uniform program as the base state of the motor carrier.
(Added to NRS by 1999, 3344)
NRS 459.701 “Commission” defined. “Commission” means the State Emergency Response Commission.
(Added to NRS by 1993, 845)
NRS 459.7016 “Department” defined. “Department” means the Department of Public Safety.
(Added to NRS by 1993, 845; A 2001, 2626)
NRS 459.7018 “Director” defined. “Director” means the Director of the Department of Public Safety.
(Added to NRS by 1993, 845; A 2001, 2627)
NRS 459.702 “Division” defined. “Division” means the Nevada Highway Patrol Division of the Department of Public Safety.
(Added to NRS by 1993, 845; A 2001, 2627)
NRS 459.7022 “Extremely hazardous material” defined. “Extremely hazardous material” means any material or combination of materials listed in Appendix A or B of Part 355 of Title 40 of the Code of Federal Regulations.
(Added to NRS by 1993, 845)
NRS 459.7024 “Hazardous material” defined. “Hazardous material” means any substance or combination of substances, including any hazardous material, hazardous waste, hazardous substance or marine pollutant:
1. Of a type and amount for which a vehicle transporting the substance must be placarded pursuant to 49 C.F.R. Part 172;
2. Of a type and amount for which a uniform hazardous waste manifest is required pursuant to 40 C.F.R. Part 262; or
3. Which is transported in bulk packaging, as defined in 49 C.F.R. § 171.8.
(Added to NRS by 1993, 845; A 1999, 3350)
NRS 459.7025 “Motor carrier” defined. “Motor carrier” means a person who owns or operates one or more motor vehicles used to transport a hazardous material.
(Added to NRS by 1999, 3344)
NRS 459.70255 “Participating state” defined. “Participating state” means a state that has entered into a reciprocal agreement with this State to participate in the uniform program.
(Added to NRS by 1999, 3344)
NRS 459.7026 “Person” defined. “Person” includes any agency or political subdivision of this State.
(Added to NRS by 1993, 845)
NRS 459.703 “Uniform application” defined. “Uniform application” means an application to register and obtain a permit for the transportation of hazardous materials pursuant to the uniform program.
(Added to NRS by 1999, 3344)
NRS 459.7032 “Uniform program” defined. “Uniform program” means the program established pursuant to 49 U.S.C. § 5119 to regulate the transportation of hazardous materials.
(Added to NRS by 1999, 3344)
NRS 459.704 Coordination of fees, forms and regulations; duties of regulatory agencies.
1. The Commission is the state agency responsible for coordinating:
(a) The collection of fees relating to hazardous materials;
(b) The standardization of forms for reporting information relating to hazardous materials; and
(c) The adoption of regulations necessary to carry out the provisions of paragraphs (a) and (b),
Ê by state agencies and local governmental agencies responsible for the regulation of hazardous materials.
2. Each state agency or local governmental agency which is responsible for the regulation of hazardous materials shall, in consultation with the Commission:
(a) Cooperate to eliminate any duplications, conflicts or inconsistencies in regulations relating to hazardous materials;
(b) Review periodically the forms for reporting information relating to hazardous materials to determine whether the forms are easy to understand and complete and, if appropriate, revise the forms accordingly;
(c) Cooperate, if possible, to develop a uniform format for reporting information relating to hazardous materials;
(d) Cooperate to ensure that local governmental agencies which respond to emergencies involving hazardous materials receive reports in a timely manner; and
(e) Consolidate, if possible, the collection of fees relating to hazardous materials.
(Added to NRS by 1993, 264)
Transportation; Reporting and Collection of Information
NRS 459.7052 Registration and permit required for transportation by motor carrier. Except as otherwise provided in NRS 482.2912 or required by federal law, before transporting a hazardous material upon a public highway of this State, a motor carrier shall register with and obtain a permit for the transportation of hazardous materials:
1. From the Department; or
2. If the motor carrier has designated another participating state as its base state pursuant to the uniform program, from the base state.
(Added to NRS by 1999, 3344; A 2017, 982)
NRS 459.7054 Uniform application: Information required. Except as otherwise required by federal law, a motor carrier who is required to register with and obtain a permit from the Department pursuant to NRS 459.7052:
1. Except as otherwise provided in subsection 2, is not required to provide on a uniform application any information required solely from a motor carrier who transports hazardous waste.
2. For the transportation of any radioactive waste must provide all the information required on a uniform application, including any information required solely from a motor carrier who transports hazardous waste.
(Added to NRS by 1999, 3345)
NRS 459.7056 Uniform application: Confidentiality and disclosure of information provided.
1. Except as otherwise provided in subsection 2 or NRS 239.0115 or required by federal law, the following information is confidential when provided to the Department on a uniform application:
(a) Any information regarding the ownership of a motor carrier.
(b) Any information regarding a parent company, affiliate or subsidiary of a motor carrier.
(c) Any information regarding the financial balance sheet and statement of income of a motor carrier.
(d) Any information regarding the liability of a motor carrier for any debts.
(e) Any information regarding the customers of a motor carrier, including the services provided to specific customers.
2. The Department may, to the extent required for the administration of the uniform program, disclose any information described in subsection 1 to:
(a) An appropriate agency of the Federal Government or a participating state; or
(b) A national repository established to assist in the administration of the uniform program.
(Added to NRS by 1999, 3345; A 2007, 2113)
NRS 459.7058 Denial, suspension or revocation of registration and permit: Grounds; procedure.
1. Except as otherwise required by federal law, the Department shall immediately suspend or revoke the registration and permit for the transportation of hazardous materials, or deny the approval of an application for such a registration and permit, by a motor carrier who:
(a) Knowingly makes a materially false or misleading statement on the application for the registration and permit;
(b) Is assigned an unsatisfactory safety rating pursuant to 49 C.F.R. Part 385;
(c) Is subject to an order entered pursuant to 49 C.F.R. § 386.72;
(d) Does not maintain the financial responsibility for liability required pursuant to 49 C.F.R. Part 387 and the laws of this State;
(e) Knowingly uses a forged certificate of registration or permit for the transportation of hazardous materials;
(f) Knowingly allows the use of his or her registration or permit for the transportation of hazardous materials by any person other than an agent or employee of the motor carrier; or
(g) Is convicted of a serious violation or repeated violations of the laws of this State for the regulation of motor carriers.
2. Upon taking any action pursuant to subsection 1, the Department shall:
(a) Notify the motor carrier, by certified mail, of the reasons for its action and of any action the motor carrier may take to obtain the reinstatement of his or her registration and permit or the approval of his or her application; and
(b) Provide the motor carrier with an opportunity for a fair and impartial hearing on the matter.
(Added to NRS by 1999, 3345; A 2001, 900)
NRS 459.706 Motor carriers: Prerequisites to issuance of permit to transport radioactive waste; assessment for investigation, inspection or audit outside of State.
1. The Department shall not issue a permit required pursuant to NRS 459.7052 to a motor carrier who is seeking to transport radioactive waste upon a public highway of this State without first determining that the carrier transporting the waste is in compliance and will continue to comply with all laws and regulations of this State and the Federal Government respecting the handling and transportation of radioactive waste and the safety of drivers and vehicles.
2. Any motor carrier who maintains his or her books and records outside of this State must, in addition to any other assessments and fees provided by law, be assessed by the Department for an amount equal to the per diem allowance and travel expenses of employees of the Department for investigations, inspections and audits which may be required to be performed outside of this State in carrying out the provisions of subsection 1. The per diem allowance and travel expenses of the employees of the Department must be assessed at the rate established by the State Board of Examiners for state officers and employees generally.
3. The assessment provided for in subsection 2 must be determined by the Department upon the completion of each such investigation, inspection or audit and is due within 30 days after the date on which the affected motor carrier receives the assessment. The records of the Department relating to the additional costs incurred by reason of necessary travel must be open for inspection by the affected carrier at any time within the 30-day period.
(Added to NRS by 1999, 3346; A 2001, 901; 2007, 604)
NRS 459.708 Motor carriers: Rejection of and liability for certain packages of radioactive waste.
1. A motor carrier who is transporting radioactive waste shall reject any package containing the waste which is tendered to the motor carrier for transport in this State if the package:
(a) Is leaking or spilling its contents;
(b) Does not bear a:
(1) Marking required pursuant to 49 C.F.R. Part 172, Subpart D;
(2) Label required pursuant to 49 C.F.R. Part 172, Subpart E; or
(3) Placard required pursuant to 49 C.F.R. Part 172, Subpart F; or
(c) Is not accompanied by a:
(1) Shipping paper required pursuant to 49 C.F.R. Part 172, Subpart C; or
(2) Manifest required pursuant to 10 C.F.R. Part 20, Appendix G.
2. A carrier who accepts radioactive waste for transport in this State is liable for any package in the custody of the carrier which leaks or spills its contents, does not bear the required marking, label or placard, or is not accompanied by the required shipping paper or manifest, unless, in the case of a leak or spill of the waste and by way of affirmative defense, the carrier proves that he or she did not and could not know of the leak when the carrier accepted the package for transport.
(Added to NRS by 1993, 846; A 1999, 3351; 2001, 901)
NRS 459.709 Motor carriers: Prerequisites to transportation of high-level radioactive waste or spent nuclear fuel.
1. A motor carrier shall not transport any high-level radioactive waste or spent nuclear fuel upon a public highway of this State unless:
(a) The high-level radioactive waste or spent nuclear fuel is contained in a package that has been approved for that purpose pursuant to 10 C.F.R. Part 71; and
(b) The carrier has complied with the provisions of 10 C.F.R. Part 71 and 10 C.F.R. Part 73 requiring the advance notification of the Governor of this State or the Governor’s designee.
2. As used in this section:
(a) “High-level radioactive waste” has the meaning ascribed to it in 10 C.F.R. § 72.3.
(b) “Spent nuclear fuel” has the meaning ascribed to it in 10 C.F.R. § 72.3.
(Added to NRS by 1999, 3346; A 2001, 901)
NRS 459.712 Inspections, investigations and reproduction of records: Authority of Department; regulations.
1. Except as otherwise required by federal law, an authorized agent of the Department may:
(a) Conduct any examination or inspection of a motor vehicle or facility;
(b) Conduct any investigation, audit or other review; and
(c) Inspect and electronically reproduce any record, document or other evidentiary material,
Ê as is necessary to determine the applicability of the provisions of NRS 459.7052 to 459.728, inclusive, and any regulations adopted pursuant thereto, to any person or motor vehicle, and to determine whether the person or motor vehicle is in compliance therewith.
2. The Director shall adopt regulations governing the inspection of vehicles pursuant to subsection 1 based on standards adopted by a nonprofit organization comprised of representatives from private industry, state agencies, agencies of the Federal Government and other governmental agencies, which is dedicated to improving the safety of commercial vehicles.
(Added to NRS by 1999, 3347)
NRS 459.715 Repository for Information Concerning Hazardous Materials in Nevada.
1. The Repository for Information Concerning Hazardous Materials in Nevada is hereby created within the Division.
2. The Commission shall coordinate the collection of information for the Repository and may adopt regulations for that purpose which are consistent with all applicable laws and with any regulations adopted by the Director regarding the management and operation of the Repository.
3. Every state and local governmental agency concerned with the generation, transportation, shipment, storage or disposal of hazardous materials shall submit to the Division pursuant to the regulations of the Department and the Commission such information it collects regarding hazardous materials as required by the Commission.
4. The Division shall collect, maintain and arrange all information submitted to it concerning hazardous materials.
5. The Division may, in a manner consistent with applicable laws and regulations:
(a) Disseminate any information which is contained in the Repository to any other governmental agency concerned with the storage, packaging, disposal or transportation of hazardous materials; and
(b) Enter into cooperative agreements with federal and state repositories to facilitate exchanges of such information.
(Added to NRS by 1987, 1751; A 1991, 1110)
NRS 459.718 Notification of Division regarding certain accidents, motor vehicle crashes or incidents.
1. A person responsible for the care, custody or control of a hazardous material which is involved in an accident, motor vehicle crash or incident occurring during the transportation of the hazardous material by a motor carrier, including any accident, motor vehicle crash or incident occurring during any loading, unloading or temporary storage of the hazardous material while it is subject to active shipping papers and before it has reached its ultimate consignee, shall notify the Division, consistent with the requirements of 49 C.F.R. § 171.15, as soon as practicable if, as a result of the hazardous material:
(a) A person is killed;
(b) A person receives injuries that require hospitalization;
(c) Any damage to property exceeds $50,000;
(d) There is an evacuation of the general public for 1 hour or more;
(e) One or more major transportation routes or facilities are closed or shut down for 1 hour or more;
(f) There is an alteration in the operational flight pattern or routine of any aircraft;
(g) Any radioactive contamination is suspected;
(h) Any contamination by an infectious substance is suspected;
(i) There is a release of a liquid marine pollutant in excess of 450 liters or a solid marine pollutant in excess of 400 kilograms; or
(j) Any situation exists at the site of the accident, motor vehicle crash or incident which, in the judgment of the person responsible for the care, custody or control of the hazardous material, should be reported to the Division.
2. The notification required pursuant to this section must include:
(a) The name of the person providing the notification;
(b) The name and address of the motor carrier represented by that person;
(c) The telephone number where that person can be contacted;
(d) The date, time and location of the accident, crash or incident;
(e) The extent of any injuries;
(f) The classification, name and quantity of the hazardous material involved, if that information is available; and
(g) The type of accident, crash or incident, the nature of the hazardous material involved and whether there is a continuing danger to life at the scene of the accident, crash or incident.
3. A person may satisfy the requirements of this section by providing the information specified in subsection 2 to the person who responds to a telephone call placed to:
(a) The number 911 in an area where that number is used for emergencies; or
(b) The number zero in an area where the number 911 is not used for emergencies.
(Added to NRS by 1999, 3347; A 2001, 902; 2015, 1683)
NRS 459.721 Duties of Director: Regulations for participation in uniform program. The Director shall adopt regulations for the participation of this State in the uniform program. The regulations adopted pursuant to this section must be consistent with, and equivalent in scope, coverage and content to:
1. Except as otherwise provided in subsection 2, the recommendations contained in the final report of the working group established pursuant to 49 U.S.C. § 5119; or
2. If the Secretary of Transportation prescribes regulations pursuant to 49 U.S.C. § 5119, the regulations of the Secretary of Transportation.
(Added to NRS by 1999, 3344)
NRS 459.725 Powers and duties of Director: Administration of provisions; regulations; agreements.
1. The Director is responsible for administering the provisions of NRS 459.7052 to 459.728, inclusive, and, subject to the limitations contained in those provisions, may adopt such regulations as the Director deems necessary for that purpose. The regulations adopted pursuant to this section must be consistent with any applicable statutes and regulations of the Federal Government.
2. The Director shall adopt regulations:
(a) For the security of the Repository for Information Concerning Hazardous Materials in Nevada so that it is adequately protected from fire, theft, loss, destruction, other hazards and unauthorized access.
(b) Prescribing the manner in which information concerning hazardous materials is submitted to the Division by state and local governmental agencies.
(c) Providing for the imposition of fees to pay the cost of:
(1) Any registration and permitting required to carry out the uniform program; and
(2) Any other regulation pursuant to the provisions of NRS 459.7052 to 459.728, inclusive.
Ê Money received by the Department from the fees imposed pursuant to this paragraph must be deposited with the State Treasurer for credit to the State Highway Fund and used only to carry out the provisions of NRS 459.7052 to 459.728, inclusive.
3. The Director, on behalf of this State, may enter into any agreements with:
(a) The Federal Government;
(b) Other states; and
(c) A national repository established to assist in the administration of the uniform program,
Ê as are appropriate for the administration of the uniform program.
(Added to NRS by 1987, 1752; A 1993, 850; 1999, 3351)
NRS 459.727 Provisions inapplicable to transportation by governmental vehicle. Except as otherwise required by federal law, the provisions of NRS 459.7052 to 459.728, inclusive, and the regulations adopted pursuant thereto do not apply to the transportation of a hazardous material by any vehicle which is owned and operated by the Federal Government, this State or any political subdivision of this State.
(Added to NRS by 1999, 3348)
NRS 459.728 Provisions supersede and preempt local regulation of transportation; exceptions.
1. Except as otherwise provided in subsection 2, the provisions of NRS 459.7052 to 459.728, inclusive, and the regulations adopted pursuant thereto supersede and preempt any ordinance or regulation adopted by the governing body of a political subdivision of this State governing the transportation of a hazardous material upon a public highway of this State.
2. The provisions of subsection 1 do not apply to any ordinance or regulation:
(a) For the control of traffic generally; or
(b) Which is approved by the Board of Directors of the Department of Transportation pursuant to paragraph (b) of subsection 3 of NRS 484A.420.
(Added to NRS by 1999, 3348)
State Emergency Response Commission
NRS 459.735 Contingency Account for Hazardous Materials.
1. The Contingency Account for Hazardous Materials is hereby created in the State General Fund.
2. The Commission shall administer the Contingency Account for Hazardous Materials. Except as otherwise provided in subsection 4, the money in the Account may be expended for:
(a) Carrying out the provisions of NRS 459.735 to 459.773, inclusive;
(b) Carrying out the provisions of 42 U.S.C. §§ 11001 et seq. and 49 U.S.C. §§ 5101 et seq.;
(c) Maintaining and supporting the operations of the Commission and local emergency planning committees;
(d) Training and equipping state and local personnel to respond to accidents, motor vehicle crashes and incidents involving hazardous materials;
(e) The operation of training programs and a training center for handling emergencies relating to hazardous materials and related fires pursuant to NRS 477.045; and
(f) Any other purpose authorized by the Legislature.
3. All money received by this State pursuant to 42 U.S.C. §§ 11001 et seq. or 49 U.S.C. §§ 5101 et seq. must be deposited with the State Treasurer to the credit of the Contingency Account for Hazardous Materials. In addition, all money received by the Commission from any source must be deposited with the State Treasurer to the credit of the Contingency Account for Hazardous Materials. The State Controller shall transfer from the Contingency Account to the Operating Account of the State Fire Marshal such money collected pursuant to chapter 477 of NRS as is authorized for expenditure in the budget of the State Fire Marshal for use pursuant to paragraph (e) of subsection 2.
4. Any fees deposited with the State Treasurer for credit to the Contingency Account for Hazardous Materials pursuant to subsection 5 of NRS 482.379365 must be accounted for separately and must be expended to provide financial assistance to this State or to local governments in this State to support preparedness to combat terrorism, including, without limitation, planning, training and purchasing supplies and equipment, or for any other purpose authorized by the Legislature.
5. Upon the presentation of budgets in the manner required by law, money to support the operation of the Commission pursuant to this chapter, other than its provision of grants, must be provided by direct legislative appropriation from the State Highway Fund or other legislative authorization to the Contingency Account for Hazardous Materials.
6. The interest and income earned on the money in the Contingency Account for Hazardous Materials, after deducting any applicable charges, must be credited to the Account.
7. All claims against the Contingency Account for Hazardous Materials must be paid as other claims against the State are paid.
(Added to NRS by 1987, 1752; A 1989, 747; 1991, 1110, 1773, 1828; 1993, 140, 1317, 1318; 1999, 3352; 2001, 1833; 2001 Special Session, 143; 2003, 274, 362; 2010, 26th Special Session, 19; 2015, 1684)
NRS 459.738 Creation of Commission; appointment and terms of members; appointment of Chair or Co-Chairs; employment of staff.
1. The State Emergency Response Commission is hereby created for the purpose of carrying out the provisions of 42 U.S.C. §§ 11001 et seq. and other matters relating thereto.
2. The Commission consists of not more than 25 members appointed by the Governor. The Governor shall, to the extent practicable, appoint persons to the Commission who have technical expertise in responding to emergencies.
3. The term of each member of the Commission is 4 years. A member may be reappointed, and there is no limit on the number of terms that a member may serve.
4. The Governor shall appoint one or more of the members of the Commission to serve as Chair or Co-Chairs.
5. The Commission may employ, within the limits of legislative appropriations, such staff as is necessary to the performance of its duties.
(Added to NRS by 1991, 1108; A 1997, 2544; 2001, 903)
NRS 459.740 Adoption of regulations; acceptance of gifts and grants of money and other revenues. The Commission may:
1. Adopt regulations for the purpose of enforcing its responsibilities pursuant to 42 U.S.C. §§ 11001 et seq.
2. Accept gifts and grants of money and other revenues for the purpose of enforcing its responsibilities pursuant to 42 U.S.C. §§ 11001 et seq.
(Added to NRS by 1987, 1753; A 1991, 1111; 2001, 904)
NRS 459.742 Powers of Commission. The Commission, in carrying out its duties and within the limits of legislative appropriations and other available money, may:
1. Enter into contracts, leases or other agreements or transactions;
2. Provide grants of money to local emergency planning committees to improve their ability to respond to emergencies involving hazardous materials;
3. Assist with the development of comprehensive plans for responding to such emergencies in this State;
4. Provide technical assistance and administrative support to the Telecommunications Group of the Network Services Unit of the Office of the Chief Information Officer within the Office of the Governor for the development of systems for communication during such emergencies;
5. Provide technical and administrative support and assistance for training programs;
6. Develop a system to provide public access to data relating to hazardous materials;
7. Support any activity or program eligible to receive money from the Contingency Account for Hazardous Materials;
8. Approve programs developed to address planning for and responding to emergencies involving hazardous materials; and
9. Coordinate the activities administered by state agencies to carry out the provisions of this chapter, 42 U.S.C. §§ 11001 et seq. and 49 U.S.C. §§ 5101 et seq.
(Added to NRS by 1991, 1108; A 1993, 1318, 1635; 1995, 579; 1997, 3090; 2001, 904, 2627; 2003, 17; 2021, 2110; 2023, 175)
NRS 459.744 Establishment and payment of fees. The Commission shall establish by regulation:
1. A schedule of fees for its services and regulatory activities. The fees must be set at an amount which approximates the cost to the Commission of performing those services and activities.
2. A fee, not to exceed $15,000 per year, to be paid, except as otherwise provided in subsection 5, by each person who stores an extremely hazardous material in an amount greater than the threshold planning quantity established for such material in 40 C.F.R. Part 355, Appendix A or B. The fee must include:
(a) A filing fee for each facility in which such material is stored; and
(b) A surcharge for each ton of such material stored in excess of 1 ton,
Ê and must be paid on or before March 1 of each year for the preceding calendar year.
3. A fee, not to exceed $2,000 per year, to be paid by each person who manufactures for transport an extremely hazardous material in an amount greater than the threshold planning quantity established for such material in 40 C.F.R. Part 355, Appendix A or B. The fee must include:
(a) A filing fee for each facility in which such material is manufactured; and
(b) A surcharge for each ton of such material which is manufactured for transport in this State,
Ê and must be paid on or before January 31 of each year for the preceding calendar year.
4. A reporting fee, not to exceed $15,000 per year, to be paid, except as otherwise provided in subsection 5, by each person who is required to submit a toxic chemical release form pursuant to 42 U.S.C. §§ 11001 et seq., which becomes due upon the filing of the form.
5. A method for limiting the amount of fees established pursuant to subsections 2 and 4 so that the aggregate amount of the fees imposed on a person during any calendar year does not exceed $15,000.
(Added to NRS by 1991, 1109; A 1995, 454; 1999, 254; 2001, 904; 2003, 826; 2005, 54)
Responding to Spills, Accidents, Motor Vehicle Crashes and Incidents
NRS 459.748 Definitions. As used in NRS 459.750 to 459.770, inclusive:
1. “Does not act promptly and appropriately” means that the person:
(a) Cannot be notified of the incident within 2 hours after the initial attempt to contact the person;
(b) Does not, within 2 hours after receiving notification of the incident, make an oral or written commitment to clean and decontaminate the affected area properly;
(c) Does not act upon the commitment within 24 hours after making it;
(d) Does not clean and decontaminate the affected area properly; or
(e) Does not act immediately to clean and decontaminate the affected area properly, if the inaction of the person presents an imminent and substantial hazard to human health, public safety or the environment.
2. “Responding” means any efforts to mitigate, attempt to mitigate or assist in the mitigation of the effects of a spill of or accident or motor vehicle crash involving hazardous material, including, without limitation, efforts to:
(a) Contain and dispose of the hazardous material.
(b) Clean and decontaminate the area affected by the spill, accident or crash.
(c) Investigate the occurrence of the spill, accident or crash.
(Added to NRS by 1993, 838; A 2015, 1685)
NRS 459.750 Responsibility for cleaning and decontamination of area affected by spill, accident or motor vehicle crash. Any person who possessed or had in his or her care any hazardous material involved in a spill, accident or motor vehicle crash requiring the cleaning and decontamination of the affected area is responsible for that cleaning and decontamination.
(Added to NRS by 1987, 1753; A 2015, 1685)
NRS 459.755 Use of Contingency Account for Hazardous Materials to pay for costs of cleaning and decontamination of area affected by spill, accident or motor vehicle crash. If the person responsible for hazardous material involved in a spill, accident or motor vehicle crash does not act promptly and appropriately to clean and decontaminate the affected area, and if the inaction of the person presents an imminent and substantial hazard to human health, public safety, any property or the environment, money from the Contingency Account for Hazardous Materials may be expended to pay the costs of:
1. Responding to a spill of or an accident or motor vehicle crash involving hazardous material;
2. Coordinating the efforts of state, local and federal agencies responding to a spill of or an accident or motor vehicle crash involving hazardous material;
3. Managing the cleaning and decontamination of an area for the disposal of hazardous material or the site of a spill of or an accident or motor vehicle crash involving hazardous material; or
4. Removing or contracting for the removal of hazardous material which presents an imminent danger to human health, public safety or the environment.
(Added to NRS by 1987, 1753; A 1991, 1774; 2015, 1685)
NRS 459.760 Reimbursement of expenses of responding state agency; reporting of need for additional funding; action by Attorney General.
1. Except as otherwise provided in this subsection, any state agency accruing expenses in responding to a spill of or an accident or motor vehicle crash involving hazardous material may present an itemized accounting of those expenses with a demand for reimbursement of those expenses to the person responsible for the hazardous material. Payment of the reimbursement must be made within 60 days after the person receives notice from the agency of the amount due. The provisions of this section do not apply to a spill of or an accident or motor vehicle crash involving natural gas or liquefied petroleum gas while it is under the responsibility of a public utility.
2. If the state agency cannot recover the full amount of reimbursement from the person responsible, it may report to the Commission its need for additional funding. The Commission shall notify the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means during a regular or special session of the Legislature, or the Interim Finance Committee if the Legislature is not in session, of the state agency’s need for additional funding.
3. At the request of the state agency, and at any time after the payment for reimbursement is due, the Attorney General shall initiate recovery by legal action of the amount of any unpaid reimbursement plus interest at a rate determined pursuant to NRS 17.130 computed from the date of the incident.
(Added to NRS by 1987, 1754; A 1993, 841; 2015, 1685)
NRS 459.765 Deposit of reimbursement and penalty for credit to Contingency Account for Hazardous Materials. Any reimbursement and penalty recovered by the Attorney General from a person responsible for hazardous material involved in a spill or accident or motor vehicle crash must be deposited with the State Treasurer for credit to the Contingency Account for Hazardous Materials.
(Added to NRS by 1987, 1754; A 1991, 1774; 2015, 1686)
NRS 459.770 Recovery of costs incurred by responding county or city. Any county or city in this State may adopt an ordinance authorizing its legal representative to initiate recovery by legal action from the person responsible for any hazardous material involved in a spill, accident or motor vehicle crash of the amount of any costs incurred by the county or city in responding to the spill of or accident or motor vehicle crash involving hazardous material.
(Added to NRS by 1987, 1754; A 1993, 841; 2015, 1686)
NRS 459.773 Development and dissemination of reference guide regarding response to accidents, motor vehicle crashes and incidents.
1. The State Fire Marshal shall, in cooperation with local fire departments, develop a reference guide for use by state and local personnel who respond to accidents, motor vehicle crashes and incidents involving hazardous materials. The reference guide must provide information which is readily accessible regarding procedures for responding to the first critical moments of an accident, motor vehicle crash or incident involving hazardous materials.
2. The State Fire Marshal shall make available, upon request, the reference guide developed pursuant to subsection 1 to local governments, state and local personnel who respond to accidents, motor vehicle crashes and incidents involving hazardous materials and students enrolled in training programs for responding to accidents, motor vehicle crashes and incidents involving hazardous materials.
(Added to NRS by 1993, 139; A 2015, 1686)
Penalties
NRS 459.774 Civil penalties for certain violations.
1. In addition to any applicable criminal penalties, the Department may, after providing written notice and an opportunity for a fair and impartial hearing, impose a civil penalty, in an amount determined pursuant to the schedule adopted by the Director pursuant to this section, upon a person who violates a provision of NRS 459.7052 to 459.728, inclusive, or the regulations adopted pursuant thereto. The notice required by this section must include the amount of the penalty and a description of the violation.
2. The Director shall adopt a schedule of civil penalties for the purposes of this section based on a schedule of recommended fines adopted by a nonprofit organization comprised of representatives from private industry, state agencies, agencies of the Federal Government and other governmental agencies, which is dedicated to improving the safety of commercial vehicles.
3. The Department may bring an action to recover a civil penalty imposed pursuant to this section and shall deposit any money collected with the State Treasurer for credit to the State Highway Fund.
(Added to NRS by 1999, 3348)
NRS 459.775 Unlawful acts: Misdemeanors. Any person who:
1. Transports a hazardous material in a motor vehicle without the permit required pursuant to NRS 459.7052;
2. Transports a hazardous material in a motor vehicle that has not been inspected pursuant to any regulations of the Department requiring an inspection;
3. Fails to carry the permit required pursuant to NRS 459.7052 or a copy of the permit in the driver’s compartment of the motor vehicle if required to do so by a regulation of the Department;
4. Transports a hazardous material in a motor vehicle under a permit required pursuant to NRS 459.7052 which has expired;
5. Violates any of the terms or conditions of a permit required pursuant to NRS 459.7052; or
6. Fails to pay when due any fee established pursuant to NRS 459.744,
Ê is guilty of a misdemeanor.
(Added to NRS by 1987, 1754; A 1991, 1111; 1993, 2799; 1995, 454; 1999, 3352)
NRS 459.780 Unlawful acts: Gross misdemeanors. Any person who:
1. Allows the use of a permit required pursuant to NRS 459.7052 by a person not entitled thereto;
2. Uses a permit required pursuant to NRS 459.7052 to which the person is not entitled;
3. Alters, forges or counterfeits a permit required pursuant to NRS 459.7052;
4. Uses a permit required pursuant to NRS 459.7052 which has been altered, forged or counterfeited;
5. Submits false information on an application or other form used to obtain a permit required pursuant to NRS 459.7052;
6. Transports a hazardous material in a motor vehicle under a permit required pursuant to NRS 459.7052 which has been suspended or revoked; or
7. Transports a hazardous material in a motor vehicle which failed to pass any inspection for safety required by a regulation of the Department,
Ê is guilty of a gross misdemeanor.
(Added to NRS by 1987, 1754; A 1999, 3353)
IMMUNITY FROM LIABILITY REGARDING PLANNING FOR AND RESPONDING TO DISCHARGE OF HAZARDOUS MATERIAL
NRS 459.790 “Hazardous material” defined. As used in NRS 459.790 to 459.796, inclusive, unless the context otherwise requires, “hazardous material” has the meaning ascribed to it in NRS 459.7024, and includes any other substance which is regulated pursuant to this chapter.
(Added to NRS by 1993, 823; A 1999, 3353)
NRS 459.792 Scope of immunity: State Emergency Response Commission; local emergency planning committees; persons providing equipment, advice or other assistance.
1. The State Emergency Response Commission, each local emergency planning committee appointed by the Commission, and their respective members are immune from liability for the death of or injury to persons, and for injury to property, resulting from the performance of their functions under this chapter and under 42 U.S.C. §§ 11001 et seq.
2. Except as limited by NRS 459.794 and 459.796, a person who provides equipment, advice or other assistance in mitigating or attempting to mitigate the effects of a discharge of hazardous material, or in preventing, cleaning up or disposing of such a discharge, or in attempting to prevent, clean up or dispose of such a discharge, is immune from liability for the death of or injury to persons, and for injury to property, resulting from those activities.
(Added to NRS by 1993, 823; A 2001, 905)
NRS 459.794 Exclusions from immunity: Damages from gross negligence or misconduct; persons causing discharge; persons receiving compensation for assistance. The immunity provided by subsection 2 of NRS 459.792 does not apply to:
1. Damages resulting from the person’s gross negligence or the person’s intentional, reckless or wanton misconduct;
2. A person:
(a) Whose act or failure to act was a cause of the discharge; or
(b) Who receives compensation other than:
(1) Reimbursement for the person’s actual expenses in voluntarily providing the equipment, advice or other assistance; or
(2) Compensation from the person’s regular employer for the time during which he or she is engaged in rendering the assistance or advice.
(Added to NRS by 1993, 823)
NRS 459.796 Prerequisites for immunity: Persons providing equipment, advice or other assistance. A person is entitled to immunity under subsection 2 of NRS 459.792 only if:
1. In the case of one furnishing advice or assistance, the person is qualified by training, education or experience in the handling of hazardous materials and provides advice or assistance within the area of his or her qualifications; and
2. The person was requested to provide the equipment, advice or other assistance by:
(a) The person responsible for the discharge;
(b) The Division of Emergency Management of the Office of the Military;
(c) The Division of Industrial Relations of the Department of Business and Industry;
(d) The Division of Environmental Protection of the State Department of Conservation and Natural Resources;
(e) The Nevada Highway Patrol Division of the Department of Public Safety;
(f) The State Fire Marshal Division of the Department of Public Safety;
(g) The State Emergency Response Commission or a local emergency planning committee appointed by the Commission;
(h) A local fire department; or
(i) A local agency for law enforcement.
(Added to NRS by 1993, 823; A 1995, 545; 2001, 2627; 2021, 2111)
STORAGE TANKS
NRS 459.800 Definitions. As used in NRS 459.800 to 459.856, inclusive, unless the context otherwise requires, the words and terms defined in NRS 459.802 to 459.820, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1989, 769; A 1993, 208)
NRS 459.802 “Commission” defined. “Commission” means the State Environmental Commission.
(Added to NRS by 1989, 770)
NRS 459.804 “Department” defined. “Department” means the State Department of Conservation and Natural Resources.
(Added to NRS by 1989, 770)
NRS 459.806 “Director” defined. “Director” means the Director of the Department.
(Added to NRS by 1989, 770)
NRS 459.808 “Division” defined. “Division” means the Division of Environmental Protection of the Department.
(Added to NRS by 1989, 770)
NRS 459.810 “Operator” defined. “Operator” means any person in control of, or having responsibility for, the daily operation of a storage tank.
(Added to NRS by 1989, 770)
NRS 459.812 “Owner” defined. “Owner” means any person who owns:
1. An underground storage tank used to store or dispense regulated substances after November 8, 1984, or if the use of the tank was discontinued before that date, the last person to own such a tank before its use was discontinued; or
2. An aboveground storage tank used to store or dispense regulated substances after October 1, 2003, or, if the use of the tank was discontinued before that date, the last person to own such a tank before its use was discontinued.
(Added to NRS by 1989, 770; A 2003, 2116)
NRS 459.814 “Person” defined. “Person” includes an agency of the Federal Government, any state and its local governments.
(Added to NRS by 1989, 770)
NRS 459.816 “Regulated substance” defined. “Regulated substance” means:
1. Any petroleum substance or chemical regulated by the federal Resource Conservation and Recovery Act of 1976 (42 U.S.C. §§ 6901 et seq.), that is contained in a storage tank, except that the term does not include any substance subject to regulation under Subtitle C of that act as hazardous waste; and
2. Any petroleum, including crude oil or any fraction thereof that is liquid at standard condition of temperature and pressure, 60 degrees Fahrenheit and 14.7 pounds per square inch absolute. The term includes, but is not limited to, petroleum and petroleum-based substances comprised of a complex blend of hydrocarbons derived from crude oil through processes of separation, conversion, upgrading and finishing, such as motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, solvents and used oils.
(Added to NRS by 1989, 770)
NRS 459.818 “Release” defined. “Release” means the spilling, leaking, emitting, discharging, escaping, leaching or disposing from a storage tank into groundwater, surface water or surface or subsurface soils.
(Added to NRS by 1989, 770)
NRS 459.820 “Storage tank” defined. “Storage tank” means any one or combination of stationary tanks, including pipes connected thereto, used to contain and accumulate regulated substances. The term includes only:
1. Underground storage tanks that are regulated pursuant to the federal Resource Conservation and Recovery Act of 1976, 42 U.S.C. §§ 6901 et seq.; and
2. Aboveground storage tanks that have a storage capacity of at least 110 gallons but not more than 30,000 gallons, including, without limitation, aboveground storage tanks located over water and used to supply fuel at a marina or other facility.
(Added to NRS by 1989, 770; A 2003, 2116)
NRS 459.822 Department designated as state agency for regulation of storage tanks. The Department is hereby designated to act as the state agency for the purpose of federal laws and regulations governing storage tanks and it may take any action necessary to secure the benefits of any federal law relating to storage tanks.
(Added to NRS by 1989, 773)
NRS 459.824 Duties of Director. The Director shall:
1. Administer the provisions of NRS 459.800 to 459.856, inclusive, in a manner that is consistent with, and not more stringent than, the applicable provisions of federal law;
2. Advise, consult and cooperate with other agencies of the State, the Federal Government, other states, interstate agencies and other persons in furthering the purposes of NRS 459.800 to 459.856, inclusive;
3. Take steps necessary to qualify for, accept and administer loans and grants from the Federal Government and other sources, public or private, for carrying out the provisions of NRS 459.800 to 459.856, inclusive;
4. Encourage, request, require the Department to participate in or conduct, studies, surveys, investigations, research, experiments, demonstrations and pilot programs by contract, grant or other means;
5. Collect and disseminate information to the public;
6. Hold hearings and issue subpoenas requiring the attendance of witnesses and the production of evidence, as the Director finds necessary to carry out the provisions of NRS 459.800 to 459.856, inclusive;
7. Exercise all powers necessary to carry out the provisions of NRS 459.800 to 459.856, inclusive; and
8. Delegate to the Division any of the Director’s powers or duties set forth in NRS 459.800 to 459.856, inclusive.
(Added to NRS by 1989, 770)
NRS 459.825 Coordination of fees, regulations and forms; duties of regulatory agencies.
1. The Commission shall coordinate:
(a) The collection of fees related to storage tanks;
(b) The adoption of regulations governing storage tanks; and
(c) The standardization of forms used by the agencies of the State and local governments that regulate storage tanks for reporting information relating to such storage tanks.
2. Each agency of this State and local government that regulates storage tanks shall, in consultation with the Commission:
(a) Cooperate to eliminate any duplication, conflicts or inconsistencies in regulations adopted to govern storage tanks;
(b) Review periodically the forms for reporting information related to storage tanks to determine whether they are complete and easy to understand and, if appropriate, revise the forms accordingly;
(c) Cooperate to develop a uniform format for reporting information related to storage tanks;
(d) Cooperate to ensure that agencies of local governments that respond to emergencies involving storage tanks receive reports of those emergencies in a timely manner; and
(e) Consolidate the collection of fees related to storage tanks.
(Added to NRS by 1993, 207; A 2003, 2116)
NRS 459.826 Regulations of Commission: General requirements. The Commission shall adopt regulations to carry out the provisions of NRS 459.800 to 459.856, inclusive. Those regulations must be based upon studies, guidelines and regulations of the Federal Government and must:
1. Set forth a means for an owner or operator of a storage tank to notify the Division of the existence, size and location of and the substances contained in the storage tank;
2. Issue standards of performance for the operation and construction of a storage tank;
3. Establish requirements for the reporting of a release from a storage tank and the reporting of corrective actions taken in response to such a release;
4. Establish standards of financial responsibility for owners and operators of storage tanks;
5. Require owners or operators of facilities having storage tanks to maintain records and devices for the continuing observation of storage tanks; and
6. Establish procedures for:
(a) Inspecting and testing storage tanks;
(b) Obtaining samples from storage tanks; and
(c) Reporting to the Department on such inspections, testing and samples.
(Added to NRS by 1989, 771)
NRS 459.828 Owner or operator of storage tank to provide Department with certain information. The owner or operator of a storage tank shall notify the Department as required by regulations of the Commission, of the existence, size, location, age, type, uses and name of the owner of a storage tank.
(Added to NRS by 1989, 771)
NRS 459.830 Regulations of Commission: Standards of performance. The Commission shall adopt regulations which set forth standards of performance for:
1. Storage tanks brought into use on or after the effective date of such standards. The standards must address the:
(a) Design;
(b) Construction;
(c) Installation; and
(d) Compatibility of components,
Ê of storage tanks and systems for the detection of releases from storage tanks.
2. Maintenance and keeping records of:
(a) Systems for the detection of releases from storage tanks;
(b) Systems for the testing of storage tanks;
(c) Systems for the monitoring of inventory of storage tanks; and
(d) Other systems designed to identify releases from storage tanks.
(Added to NRS by 1989, 771)
NRS 459.832 Regulations of Commission: Closure, removal, disposal and management of storage tanks. The Commission shall adopt regulations:
1. Establishing requirements for the closure of a storage tank or the removal or disposal of a storage tank to prevent future releases of regulated substances into the environment; and
2. Setting forth a plan for the management of storage tanks in the entire State.
(Added to NRS by 1989, 771)
NRS 459.834 Regulations of Commission regarding corrective action, evidence of financial responsibility; determination of whether corrective action is required.
1. The Commission shall by regulation establish requirements for:
(a) Corrective action to be taken in response to a release from a storage tank;
(b) Ensuring that the corrective action is cost-effective; and
(c) Maintaining evidence of the financial responsibility of owners and operators of storage tanks.
2. In determining whether corrective action is required by the presence of excessive petroleum in the soil, the Division shall consider, unless waived by the Administrator of the Division:
(a) Factors peculiar to the site and to the contaminant; and
(b) The use of methods developed by the American Society for Testing and Materials to assess health and environmental risks, or equivalent procedures, to establish the need for corrective action and the required level of corrective action.
(Added to NRS by 1989, 772; A 1995, 1891)
NRS 459.836 Permits to operate storage tanks: Regulations; terms and conditions; fee.
1. The Commission may by regulation set forth a procedure for the granting, renewal, modification, suspension, revocation and denial of permits to operate storage tanks.
2. Permits may contain terms and conditions which the Commission considers necessary and which conform to law and regulations adopted by the Commission.
3. The Commission may by regulation prescribe a reasonable fee to be charged for the issuance of a permit.
(Added to NRS by 1989, 772)
NRS 459.838 Account for Management of Storage Tanks: Creation; sources; claims. All fees collected for the issuance of permits to operate storage tanks, if such permits are required, and all reimbursements and penalties recovered pursuant to NRS 459.840 to 459.856, inclusive, must be deposited with the State Treasurer for credit to the Account for the Management of Storage Tanks, which is hereby created in the State General Fund. The money in the Account must be paid as other claims against the State are paid.
(Added to NRS by 1989, 772; A 1993, 646)
NRS 459.840 Account for Management of Storage Tanks: Use; reimbursement; action by Attorney General.
1. Except as otherwise provided in subsections 2 and 3, money in the Account for the Management of Storage Tanks may only be expended for the continuing observation or other management of storage tanks.
2. If a person responsible for a release of a regulated substance from a storage tank does not act promptly to clean and decontaminate the affected area properly, and if that inaction presents an imminent and substantial hazard to human health, public safety or the environment, money from the Account may be expended to pay the costs of:
(a) Responding to a release of a regulated substance from a storage tank;
(b) Coordinating the efforts of state, local and federal agencies responding to a release from a storage tank;
(c) Managing the cleaning and decontamination of an area in which a release from a storage tank has occurred; or
(d) Removing or contracting for the removal of a regulated substance released from a storage tank which presents an imminent danger to human health, public safety or the environment.
3. The Director shall demand reimbursement of the Account for money expended pursuant to subsection 2 from any person who is responsible for the release, or who owns or controls the storage tank, or the area in which the release occurred. Payment of the reimbursement is due within 20 days after the person receives notice from the Director of the amount due. Reimbursement may include all costs actually incurred in the investigation and cleanup. The Director may impose an administrative penalty of not more than 5 percent of the amount of reimbursement for each day the amount remains unpaid after the date the payment for reimbursement is due.
4. At the request of the Director, the Attorney General shall seek recovery by legal action of the amount of any unpaid reimbursement and penalty.
(Added to NRS by 1989, 772; A 1993, 646)
NRS 459.842 Enforcement by Department; delegation of responsibility. The Department shall enforce the provisions of NRS 459.800 to 459.856, inclusive, or any regulations adopted pursuant to those sections, but may delegate responsibility for enforcing those provisions to suitably qualified agencies of the political subdivisions of this State.
(Added to NRS by 1989, 774)
NRS 459.844 Subpoenas. In carrying out the provisions of NRS 459.800 to 459.856, inclusive, the Commission, the Department and the Attorney General may by subpoena require the attendance and testimony of witnesses and the production of reports, papers, documents and other evidence which they deem necessary.
(Added to NRS by 1989, 774)
NRS 459.846 Disclosure of information obtained by Department.
1. Except as otherwise provided in this section, information which the Department obtains in the course of the performance of its duties relating to storage tanks is public information.
2. Except as otherwise provided in NRS 239.0115, any information which specifically relates to the trade secrets of any person is confidential. The following information shall be deemed a trade secret:
(a) Information concerning fuel additives. For the purposes of this paragraph, “fuel additives” are ingredients which are present in fuel compositions in amounts of less than 1 percent by weight, including detergents, dispersants, demulsifiers and dyes.
(b) Any other information considered to be a trade secret by the Director. A trade secret may include a formula, composition, process, method of operation, compilation of information or apparatus which is used in a person’s business and gives that person an opportunity to obtain an advantage over competitors. In determining whether information is a trade secret, the Director shall consider whether the information is publicly available in written form and, if not, whether its disclosure would tend to affect adversely the competitive position of the owner of the information.
3. Any information which is confidential under subsection 2 may be disclosed to any officer, employee or authorized representative of this State or the United States if:
(a) He or she is engaged in carrying out the provisions of NRS 459.800 to 459.856, inclusive, or the provisions of federal law relating to storage tanks; or
(b) The information is relevant in any judicial proceeding or adversary administrative proceeding under NRS 459.800 to 459.856, inclusive, or under the provisions of federal law relating to storage tanks, and is admissible under the rules of evidence.
Ê The disclosure must be made in a manner which preserves the status of the information as a trade secret.
(Added to NRS by 1989, 773; A 2007, 2113)
NRS 459.848 Authority to enter and inspect. Any authorized representative or employee of the Commission or the Department may, for the purpose of carrying out his or her duties pursuant to NRS 459.800 to 459.856, inclusive, or to enforce a regulation adopted pursuant to those sections:
1. Enter any place where the Department has reason to believe there are storage tanks;
2. Inspect or obtain samples wherever the Department has reason to believe a release from a storage tank may have occurred;
3. Inspect and copy any records, reports, information or results of tests relating to the management of a storage tank; and
4. Inspect any system for the continuing observation of a storage tank.
(Added to NRS by 1989, 773)
NRS 459.850 Action to alleviate hazard to human health, public safety or environment. If the Department receives information that the operation of a storage tank presents an imminent and substantial hazard to human health, public safety or the environment, it may:
1. Issue an order directing the owner or operator of the storage tank to take necessary steps to prevent the act or eliminate the practice which constitutes the hazard.
2. Request that the Attorney General commence an action to enjoin the practices or acts which constitute the hazard.
3. Take any other action designed to reduce or eliminate the hazard.
(Added to NRS by 1989, 773)
NRS 459.852 Order for corrective action. Whenever the Director finds that any person is engaging or has engaged in any act or practice which violates any provision of NRS 459.800 to 459.856, inclusive, or a regulation adopted pursuant to those sections or any term or condition of a permit issued for the operation of a storage tank, the Director may issue an order:
1. Specifying the provision which is alleged to have been violated or which is about to be violated;
2. Setting forth the facts alleged to constitute the violation;
3. Prescribing any corrective action which must be taken and a reasonable time within which it must be taken; and
4. Requiring the person to whom the order is directed to appear before the Director or a hearing officer appointed by the Director to show cause why the Department should not commence an action against the person in district court for appropriate relief.
(Added to NRS by 1989, 774)
NRS 459.854 Injunctive relief.
1. The Director may seek an injunction in district court to prevent the occurrence or continuance of any act or practice which violates any provision of NRS 459.800 to 459.856, inclusive, or any regulation adopted or permit or order issued pursuant to those sections.
2. If the Director shows that a person is or has engaged in any act or practice which violates a provision of NRS 459.800 to 459.856, inclusive, or any regulation adopted or permit or order issued pursuant to those sections, the court may issue, without bond, any prohibitory or mandatory injunction which the facts warrant, including a temporary restraining order or a preliminary or permanent injunction. A temporary restraining order may be granted only if:
(a) The Director gives notice to the defendant in person, of the Director’s intention to seek such an order, or mails such notice to the defendant’s last known address by registered or certified mail. The notice must be given at least 10 days before the commencement of the hearing.
(b) Before and during that 10-day period, the Director affords the defendant an opportunity to correct each violation which is the subject of the hearing and the defendant fails to correct the violation or violations before the commencement of the hearing.
3. The court may require a performance bond or other security by the respondent to ensure the respondent’s compliance with the order.
(Added to NRS by 1989, 774)
NRS 459.856 Civil penalties; damages; injunction.
1. Any person who violates or contributes to a violation of any provision of NRS 459.800 to 459.856, inclusive, or of any regulation adopted or permit or order issued pursuant to those sections, or who does not take action to correct a violation within the time specified in an order, is liable to the Department for a civil penalty of not more than $5,000 for each day on which the violation occurs. This penalty is in addition to any other penalty provided by NRS 459.800 to 459.856, inclusive.
2. The Department may recover, in the name of the State of Nevada, actual damages which result from a violation, in addition to the civil penalty provided in this section. The damages may include expenses incurred by the Department in removing, correcting or terminating any adverse effects which resulted from the violation and compensation for any damages incurred as a result of the violation.
3. In addition to any other remedy provided by this chapter, the Department may compel compliance with any provision of NRS 459.800 to 459.856, inclusive, or of any regulation adopted or permit or order issued pursuant to those sections, by injunction or other appropriate remedy. The Department may institute and maintain in the name of the State of Nevada any such enforcement proceedings.
(Added to NRS by 1989, 775; A 2019, 3980)
FUND FOR BROWNFIELD PROJECTS
NRS 459.860 Definitions. As used in NRS 459.860 to 459.892, inclusive, unless the context otherwise requires, the words and terms defined in NRS 459.862 to 459.876, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2003, 397)
NRS 459.862 “Administrator” defined. “Administrator” means the Administrator of the Division.
(Added to NRS by 2003, 397)
NRS 459.864 “Brownfield project” defined. “Brownfield project” means a project for the remediation of a brownfield site for future or alternative use.
(Added to NRS by 2003, 397)
NRS 459.866 “Brownfield site” defined. “Brownfield site” has the meaning ascribed to it in 42 U.S.C. § 9601.
(Added to NRS by 2003, 397)
NRS 459.868 “Brownfields Restoration Act” defined. “Brownfields Restoration Act” means the Small Business Liability Relief and Brownfields Revitalization Act, Public Law 107-118.
(Added to NRS by 2003, 397)
NRS 459.870 “Commission” defined. “Commission” means the State Environmental Commission.
(Added to NRS by 2003, 397)
NRS 459.872 “Division” defined. “Division” means the Division of Environmental Protection of the State Department of Conservation and Natural Resources.
(Added to NRS by 2003, 397)
NRS 459.874 “Federal grant” defined. “Federal grant” means money authorized by 42 U.S.C. § 9604(k) to create a revolving fund to finance the costs of brownfield projects.
(Added to NRS by 2003, 397)
NRS 459.876 “Fund” defined. “Fund” means the Fund for Brownfield Projects created pursuant to NRS 459.878.
(Added to NRS by 2003, 397)
NRS 459.878 Creation; use of money; payment of claims; acceptance of gifts, appropriations, contributions, grants and bequests.
1. The Fund for Brownfield Projects is hereby created in the State Treasury as a revolving fund, to be administered by the Division.
2. Money in the Fund may be used only to carry out brownfield projects authorized pursuant to the Brownfields Restoration Act. Interest and income earned on the money in the Fund must be credited to the Fund. Money remaining in the Fund at the end of a fiscal year does not revert to the State General Fund, and the balance in the Fund for Brownfield Projects must be carried forward.
3. All payments reimbursing the cost of cleanups for brownfield projects, including interest, must be deposited in the State Treasury for credit to the Fund.
4. Claims against the Fund must be paid as other claims against the State are paid.
5. The Division may accept gifts, appropriations, contributions, grants and bequests of money from any public or private sources. Money so accepted must be deposited in the State Treasury for credit to the Fund and may be used to match the federal grant.
(Added to NRS by 2003, 397)
NRS 459.880 Limitations on use of money. Except as otherwise provided in NRS 459.882, money in the Fund, including reimbursements, repayment of principal and interest on loans and other financial assistance, and interest earned on money in the Fund, may be used only to finance the cleanup of brownfield sites or provide other assistance to brownfield projects.
(Added to NRS by 2003, 398)
NRS 459.882 Limitations regarding expenditures from money from federal grant. With regard to the money from the federal grant in the Fund, the Administrator shall not spend more than the federally approved amounts for the administration and fiscal or financial oversight of the Fund.
(Added to NRS by 2003, 398)
NRS 459.884 Duties of Division. The Division shall:
1. Use the money in the Fund for the purposes set forth in the Brownfields Restoration Act.
2. Determine whether brownfield projects which receive money or other assistance from the Fund comply with the Brownfields Restoration Act.
(Added to NRS by 2003, 398)
NRS 459.886 Powers of Division. The Division may:
1. Prepare and enter into any agreements with the Federal Government for the acceptance of grants of money for the Fund.
2. Bind itself to terms of such an agreement.
3. Accept grants made pursuant to the Brownfields Restoration Act.
4. Manage the Fund in accordance with requirements and objectives of the Brownfields Restoration Act.
5. Provide services relating to the management and administration of the Fund, including the preparation of any agreement, plan or report.
(Added to NRS by 2003, 398)
NRS 459.888 Administrator may collect fee to defray costs of administering Fund. The Administrator may impose and collect a fee, in an amount established by the Commission by regulation, from each recipient that receives financial assistance from the Fund. The fee must be used to defray the costs of administering the Fund.
(Added to NRS by 2003, 398)
NRS 459.890 Administrator may employ persons necessary to carry out duties. The Administrator may employ any legal, fiscal, engineering and other expert services necessary to carry out the Administrator’s duties pursuant to NRS 459.860 to 459.892, inclusive.
(Added to NRS by 2003, 398)
NRS 459.892 Regulations. The Commission may adopt such regulations as are necessary to carry out the provisions of NRS 459.860 to 459.892, inclusive.
(Added to NRS by 2003, 398)
MISCELLANEOUS PROVISIONS
NRS 459.900 Submission to governmental agencies of information regarding manufacture, processing, use and disposal of toxic chemicals. The forms required to be submitted pursuant to 42 U.S.C. § 11023 must be submitted to governmental agencies in Nevada designated by the Governor.
(Added to NRS by 1989, 335)
NRS 459.910 Unlawful to store high-level radioactive waste in State.
1. It is unlawful for any person or governmental entity to store high-level radioactive waste in Nevada.
2. As used in this section, unless the context otherwise requires, “high-level radioactive waste” has the meaning ascribed to that term in 10 C.F.R. § 60.2.
(Added to NRS by 1989, 2113)
NRS 459.920 Prerequisites for operation or display of radar gun or similar device.
1. A person or governmental entity shall not operate or display or cause to be operated or displayed a radar gun or similar device unless it is:
(a) Or was at the time of purchase, on the Conforming Product List of the International Association of Chiefs of Police; and
(b) Inspected at least every 3 years to determine whether its level of power and structural integrity comply with the minimum performance specifications for that model established by the United States Department of Transportation.
2. Any person or governmental entity that causes to be operated or displayed a radar gun or similar device that emits nonionizing radiation shall adopt procedures for its use that protect the health and safety of the operator of the radar gun or device.
3. A peace officer must successfully complete a course of training in the proper use of a radar gun or similar device approved by the Peace Officers’ Standards and Training Commission before the peace officer may be authorized to operate a radar gun or similar device.
(Added to NRS by 1993, 1152; A 1999, 2430; 2007, 92)
NRS 459.930 Immunity from liability for certain persons for response actions and cleanup with respect to certain real property at which hazardous substance has been or may have been released.
1. Notwithstanding any other provision of law to the contrary and regardless of whether he or she is a participant in a program, a person who:
(a) Is a bona fide prospective purchaser is not liable for any response action or cleanup that may be required with respect to any real property pursuant to NRS 445A.300 to 445A.730, inclusive, 445B.100 to 445B.640, inclusive, 459.400 to 459.600, inclusive, or any other applicable provision of law.
(b) Is an innocent purchaser is not liable for any response action or cleanup that may be required with respect to any real property pursuant to NRS 445A.300 to 445A.730, inclusive, 445B.100 to 445B.640, inclusive, 459.400 to 459.600, inclusive, or any other applicable provision of law.
(c) Owns real property that:
(1) Is contiguous to or otherwise similarly situated with respect to; and
(2) Is or may be contaminated by a release or threatened release of a hazardous substance from,
Ê other real property that the person does not own, is not liable for any response action or cleanup that may be required with respect to the release or threatened release, provided that the person meets the requirements set forth in section 107(q)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. § 9607(q)(1).
2. A person described in paragraph (a), (b) or (c) of subsection 1 shall report to the Division, in a manner prescribed by the Commission:
(a) Any of the following substances that are found on or at real property owned by the person:
(1) Hazardous substances at or above the required reporting levels designated pursuant to sections 102 and 103 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. §§ 9602 and 9603; and
(2) Petroleum products of such type and in such amount as are required by the Division to be reported; and
(b) Any response action or cleanup that has been performed with respect to the real property described in paragraph (a).
3. The provisions of this section do not otherwise limit the authority of the Administrator, the Commission or the Division to require any person who is responsible for the contamination or pollution of real property, by improperly managing hazardous substances at or on that real property, to perform a response action or cleanup with respect to that real property.
4. If there are costs relating to a response action or cleanup that are incurred and unrecovered by the State of Nevada with respect to real property for which a bona fide prospective purchaser of the real property is not liable pursuant to the provisions of this section, the State of Nevada:
(a) Has a lien against that real property in an amount not to exceed the increase in the fair market value of the real property that is attributable to the response action or cleanup, which increase in fair market value must be measured at the time of the sale or other disposition of the real property; or
(b) May, with respect to those incurred and unrecovered costs and by agreement with the bona fide prospective purchaser of the real property, obtain from that bona fide prospective purchaser:
(1) A lien on any other real property owned by the bona fide prospective purchaser; or
(2) Another form of assurance or payment that is satisfactory to the Administrator.
5. The provisions of this section:
(a) Do not affect the liability in tort of any party; and
(b) Apply only to real property that is acquired on or after the date that is 60 days after May 26, 2003.
6. As used in this section:
(a) “Administrator” means the Administrator of the Division.
(b) “Bona fide prospective purchaser” has the meaning ascribed to it in section 101(40) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. § 9601(40).
(c) “Commission” means the State Environmental Commission.
(d) “Division” means the Division of Environmental Protection of the State Department of Conservation and Natural Resources.
(e) “Hazardous substance” has the meaning ascribed to it in NRS 459.620.
(f) “Innocent purchaser” means a person who qualifies for the exemption from liability set forth in section 107(b)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. § 9607(b)(3).
(g) “Participant” has the meaning ascribed to it in NRS 459.622.
(h) “Program” means a program of voluntary cleanup and relief from liability set forth in NRS 459.610 to 459.658, inclusive.
(i) “Response action” means any action to mitigate, attempt to mitigate or assist in the mitigation of the effects of a leak or spill of or an accident or motor vehicle crash involving a hazardous substance, including, without limitation, any action to:
(1) Contain and dispose of the hazardous substance;
(2) Clean and decontaminate the area affected by the leak, spill, accident or crash; or
(3) Investigate the occurrence of the leak, spill, accident or crash.
(Added to NRS by 2003, 978; A 2007, 1910; 2015, 1686)