2005 Nevada Revised Statutes - Chapter 459 — Hazardous Materials
CHAPTER 459 - HAZARDOUS MATERIALS
WESTERN INTERSTATE NUCLEAR COMPACT
NRS 459.001 Enactment;text.
NRS 459.002 Appointmentof member of Board by Governor.
NRS 459.003 Alternatemember: Designation; powers and duties.
NRS 459.004 Bylaws,rules and regulations filed with Secretary of State.
NRS 459.005 Applicabilityof 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 Appointmentof member of Board by Governor; designation of alternate member.
NRS 459.0083 Statesurcharge: Imposition; collection; distribution; deposit for credit to Fund forCare of Sites for Disposal of Radioactive Waste.
COMMITTEE ON HIGH-LEVEL RADIOACTIVE WASTE
NRS 459.0085 Creation;membership; duties; compensation and expenses of members.
NUCLEAR PROJECTS
NRS 459.009 Definitions.
NRS 459.0091 Commissionon Nuclear Projects: Creation; membership; terms and salary of members.
NRS 459.0092 Commissionon Nuclear Projects: Duties.
NRS 459.0093 Agencyfor Nuclear Projects: Creation; composition; appointment and qualifications ofExecutive Director.
NRS 459.0094 ExecutiveDirector of Agency for Nuclear Projects: Duties.
NRS 459.0095 ExecutiveDirector of Agency for Nuclear Projects: Powers.
NRS 459.0096 ExecutiveDirector and Administrators: Administration of laws relating to Division;classification; certain other employment prohibited.
NRS 459.0097 Dutiesof Administrator of Division of Technical Programs.
NRS 459.0098 Dutiesof Administrator of Division of Planning.
STATE CONTROL OF RADIATION
General Provisions
NRS 459.010 Definitions.
NRS 459.020 Stateagency for control of radiation.
NRS 459.030 Dutiesof state agency for control of radiation.
NRS 459.050 Inspections.
NRS 459.060 Records.
NRS 459.070 Reportof exposure of personnel; regulations.
NRS 459.080 Agreementsbetween State and Federal Government.
NRS 459.090 Agreementsconcerning inspection; program for training.
NRS 459.100 Hearings;written decisions.
NRS 459.105 Disciplinaryaction by hearing officer or panel: Procedural requirements; powers and dutiesof officer or panel; judicial review.
NRS 459.120 Issuanceof emergency regulation or order by Health Division.
NRS 459.125 Departmentof Transportation to develop plan for routing shipments of controlledquantities 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 Licensingand registration of sources of ionizing radiation.
NRS 459.211 Feesfor operation or use of areas for storage and disposal owned by State; fee forrevenue.
NRS 459.221 Licenseto use area for disposal required; violations concerning shipping; penalties;suspension, revocation or reinstatement of license.
NRS 459.231 Fundfor Care of Sites for Disposal of Radioactive Waste: Creation; administration;deposits; investment; interest; income.
NRS 459.235 Depositof penal fines; delegation of authority to take disciplinary action; deposit offines imposed by State Board of Health; claims for attorneys fees and costs ofinvestigation.
Enforcement, Violations and Penalties
NRS 459.250 Enforcementof certain provisions by peace officers of Nevada Highway Patrol; impounding ordetaining of vehicles.
NRS 459.260 Impoundingof sources of ionizing radiation by Health Division.
NRS 459.270 Injunctiveand other relief.
NRS 459.280 Removalof radioactive waste, machinery or equipment by employee from area for disposalprohibited; penalties.
NRS 459.290 Penalties.
REGULATION OF MILLS AND BY-PRODUCTS
NRS 459.300 Legislativefindings.
NRS 459.310 Feesfor regulating operations concerning uranium and care and maintenance ofradioactive tailings and residues; posting of security; Fund for LicensingUranium Mills; Fund for Care of Uranium Tailings.
NRS 459.320 Prerequisitesto issuance of license.
NRS 459.330 Termsand conditions to be contained in license.
NRS 459.340 Titleto site for disposal and by-products to be transferred to United States or this State before termination of production.
NRS 459.350 Personexempt from licensing may be required to observe or perform remedial work.
NRS 459.360 Standardsof management of by-products.
NRS 459.370 Constructionof facility or disposal of by-products without license unlawful.
REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES
General Provisions
NRS 459.380 Legislativedeclaration.
NRS 459.3802 Definitions.
NRS 459.3806 Divisiondefined.
NRS 459.38075 Facilitydefined.
NRS 459.3809 Processdefined.
NRS 459.38125 Vesseldefined.
NRS 459.3813 Applicabilityof statutory provisions and regulations to certain facilities; exemptions.
NRS 459.3814 Applicabilityof statutory provisions: Excluded activities.
Administration
NRS 459.3816 Designationof highly hazardous substances and explosives: Regulations; amendment.
NRS 459.3818 StateEnvironmental Commission to adopt regulations; Division to administer andenforce statutory provisions and regulations; involvement of interestedpersons; applicability of statutory provisions to dealers of liquefiedpetroleum gas.
NRS 459.3819 Inspectionsby state and local agencies of facilities where explosives are manufactured,used, processed, handled, moved on site or stored.
NRS 459.38195 Investigationof certain accidents: Powers and duties of Division; duty of owner or operatorof facility to cooperate.
NRS 459.382 Reportsof regulatory agencies; review of requirements of regulatory agencies; finalauthority of Division.
NRS 459.3822 Records,reports and other information of facility: Submission by owner or operator offacility; availability for public inspection; confidentiality of informationprotected as trade secret; regulations.
NRS 459.3824 Annualfees; Fund for Precaution Against Chemical Accidents.
NRS 459.3829 Permitsto construct or commence operation of new process: Requirements; application;regulations; fee.
NRS 459.3832 Regulationsconcerning certification of records, reports and information submitted toDivision; requirements for signature on certification.
NRS 459.3833 Programto prevent and minimize consequences of accidental release of hazardoussubstance: Delegation of authority and grant of money from Federal Government;regulations.
NRS 459.3834 Unlawfulacts; penalties.
Committee to Oversee the Management of Risks
NRS 459.3862 Committeedefined.
NRS 459.3864 Creation;appointment of members; appointment of chairman and cochairman; resources.
NRS 459.3866 Receiptof records and documents; subpoena; informal inquiries; confidentiality oftrade secret or information; inspection of facility; Attorney General iscounsel for committee; authorization to make recommendations to reviewingauthority.
NRS 459.3868 Duties.
Enforcement And Penalties
NRS 459.387 Entryinto facility to verify compliance with statutory requirements and regulations;issuance of order.
NRS 459.3872 Injunctiverelief; levy of civil administrative penalty; notice of levy of penalty;request for hearing; payment of penalty.
NRS 459.3874 Amountof civil administrative penalties; settlement of claim; imposition of civilpenalty.
DISPOSAL OF HAZARDOUS WASTE
NRS 459.400 Purpose.
NRS 459.405 Definitions.
NRS 459.410 Commissiondefined.
NRS 459.415 Departmentdefined.
NRS 459.420 Directordefined.
NRS 459.425 Disposaldefined.
NRS 459.428 Hazardousmaterial defined.
NRS 459.429 Hazardoussubstance defined.
NRS 459.430 Hazardouswaste defined.
NRS 459.432 Householdwaste defined.
NRS 459.435 Managementof hazardous waste defined.
NRS 459.440 Manifestdefined.
NRS 459.445 Persondefined.
NRS 459.448 Regulatedsubstance defined.
NRS 459.450 Storagedefined.
NRS 459.455 Treatmentdefined.
NRS 459.460 Applicabilityof NRS 459.400 to
NRS 459.465 Typesof waste subject to NRS 459.400 to
NRS 459.470 Departmentdesignated as state agency for regulation of hazardous waste.
NRS 459.475 Dutiesof Department.
NRS 459.480 Delegationof responsibility for enforcement of NRS459.400 to 459.600, inclusive.
NRS 459.485 Dutiesof Commission.
NRS 459.490 Generalrequirements for regulations.
NRS 459.500 Contentsof regulations; enforcement of regulations relating to transportation andhandling of hazardous waste.
NRS 459.501 Certificationof laboratory required for performance of analysis to detect presence ofhazardous waste or regulated substance in soil or water for certain purposes;exception.
NRS 459.502 Certificationof laboratory required for performance of analysis for person who generateswaste to determine whether waste is hazardous.
NRS 459.505 Agreementsto provide state land for areas for disposal of hazardous waste.
NRS 459.510 Feesfor use of areas for disposal owned by State: Amount; payment; waiver;collection of interest; penalties.
NRS 459.512 Paymentof additional fees by facility for management of hazardous waste for trainingemergency 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 Regulationsgoverning permits.
NRS 459.525 Financialresponsibility of owner or operator of facility; claim against insurer,guarantor, surety or other person providing evidence of financialresponsibility.
NRS 459.530 Accountfor Management of Hazardous Waste: Creation; source; separate accounting forcertain fees collected.
NRS 459.535 Accountfor Management of Hazardous Waste: Use.
NRS 459.537 Accountfor Management of Hazardous Waste: Payment of costs of responding to leak,spill or accident; reimbursement; action by Attorney General.
NRS 459.540 Conditionin permit specifying time allowed for completion of modification.
NRS 459.545 Substitutionof 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 Recordsand reports.
NRS 459.555 Disclosureof public and confidential information.
NRS 459.558 Applicabilityof NRS 459.560 and
NRS 459.560 Inspections.
NRS 459.565 Actionto prevent practice or act which constitutes hazard to human health, publicsafety or environment.
NRS 459.570 Orderto prevent act or practice which violates NRS459.400 to 459.560, inclusive.
NRS 459.575 Subpoenas.
NRS 459.580 Injunctiverelief.
NRS 459.585 Civilpenalties; damages.
NRS 459.590 Unlawfultransportation of hazardous waste.
NRS 459.595 Falsestatement, representation or certification; tampering with device.
NRS 459.600 Operationwithout permit or in violation of condition of permit or order; disposal ordischarge of hazardous waste in unauthorized manner; penalty.
PROGRAM FOR VOLUNTARY CLEANUP OF HAZARDOUS SUBSTANCES ANDRELIEF FROM LIABILITY
NRS 459.610 Definitions.
NRS 459.612 Administratordefined.
NRS 459.614 Commissiondefined.
NRS 459.616 Divisiondefined.
NRS 459.618 Eligibleproperty defined.
NRS 459.620 Hazardoussubstance defined.
NRS 459.622 Participantdefined.
NRS 459.624 Programdefined.
NRS 459.626 Prospectivepurchaser defined.
NRS 459.628 Remedialagreement defined.
NRS 459.630 Responsibleparty defined.
NRS 459.632 Certainreal property deemed to be eligible property.
NRS 459.634 Applicationfor participation in program; action by Administrator on application.
NRS 459.636 Submissionof remedial agreement for approval; prerequisites to approval; explanation ofdisapproval.
NRS 459.638 Certificationof completion of remedial agreement; issuance, contents and recordation ofcertificate of completion; explanation of failure to issue certificate.
NRS 459.640 Effectof certificate of completion: Relief from liability.
NRS 459.642 Effectof certificate of completion: Limitations on relief from liability.
NRS 459.644 Effectof certificate of completion: Applicability to persons other than originalholder.
NRS 459.646 Limitationson liability of lenders and persons with security interest in property.
NRS 459.648 Limitationson liability of prospective purchasers.
NRS 459.650 Actionagainst responsible party by holder of certificate of completion or seller ofproperty.
NRS 459.652 Terminationof participation in program.
NRS 459.654 Reviewof decisions of Administrator.
NRS 459.656 Adoptionof regulations by Commission.
NRS 459.658 Negotiationwith Environmental Protection Agency regarding effect of certificate ofcompletion.
HANDLING OF HAZARDOUS MATERIALS
General Provisions
NRS 459.700 Definitions.
NRS 459.7005 Basestate defined.
NRS 459.701 Commissiondefined.
NRS 459.7016 Departmentdefined.
NRS 459.7018 Directordefined.
NRS 459.702 Divisiondefined.
NRS 459.7022 Extremelyhazardous material defined.
NRS 459.7024 Hazardousmaterial defined.
NRS 459.7025 Motorcarrier defined.
NRS 459.70255 Participatingstate defined.
NRS 459.7026 Persondefined.
NRS 459.703 Uniformapplication defined.
NRS 459.7032 Uniformprogram defined.
NRS 459.704 Coordinationof fees, forms and regulations; duties of regulatory agencies.
Transportation; Reporting and Collection of Information
NRS 459.7052 Registrationand permit required for transportation by motor carrier.
NRS 459.7054 Uniformapplication: Information required.
NRS 459.7056 Uniformapplication: Confidentiality and disclosure of information provided.
NRS 459.7058 Denial,suspension or revocation of registration and permit: Grounds; procedure.
NRS 459.706 Motorcarriers: Prerequisites to issuance of permit to transport radioactive waste;assessment for investigation, inspection or audit outside of State.
NRS 459.708 Motorcarriers: Rejection of and liability for certain packages of radioactive waste.
NRS 459.709 Motorcarriers: Prerequisites to transportation of high-level radioactive waste orspent nuclear fuel.
NRS 459.712 Inspections,investigations and reproduction of records: Authority of Department;regulations.
NRS 459.715 Repositoryfor Information Concerning Hazardous Materials in Nevada.
NRS 459.718 Notificationof Division regarding certain accidents or incidents.
NRS 459.721 Dutiesof Director: Regulations for participation in uniform program.
NRS 459.725 Powersand duties of Director: Administration of provisions; regulations; agreements.
NRS 459.727 Provisionsinapplicable to transportation by governmental vehicle.
NRS 459.728 Provisionssupersede and preempt local regulation of transportation; exceptions.
State Emergency Response Commission
NRS 459.735 ContingencyAccount for Hazardous Materials.
NRS 459.738 Creationof Commission; appointment and terms of members; appointment of Chairman orCochairmen; employment of staff.
NRS 459.740 Adoptionof regulations; acceptance of gifts and grants of money and other revenues.
NRS 459.742 Powersof Commission.
NRS 459.744 Establishmentand payment of fees.
Responding to Spills, Accidents and Incidents
NRS 459.748 Definitions.
NRS 459.750 Responsibilityfor cleaning and decontamination of area affected by spill or accident.
NRS 459.755 Useof Contingency Account for Hazardous Materials to pay for costs of cleaning anddecontamination of area affected by spill or accident.
NRS 459.760 Reimbursementof expenses of responding state agency; reporting of need for additionalfunding; action by Attorney General.
NRS 459.765 Depositof reimbursement and penalty for credit to Contingency Account for HazardousMaterials.
NRS 459.770 Recoveryof costs incurred by responding county or city.
NRS 459.773 Developmentand dissemination of reference guide regarding response to accidents andincidents.
Penalties
NRS 459.774 Civilpenalties for certain violations.
NRS 459.775 Unlawfulacts: Misdemeanors.
NRS 459.780 Unlawfulacts: Gross misdemeanors.
IMMUNITY FROM LIABILITY REGARDING PLANNING FOR AND RESPONDINGTO DISCHARGE OF HAZARDOUS MATERIAL
NRS 459.790 Hazardousmaterial defined.
NRS 459.792 Scopeof immunity: State Emergency Response Commission; local emergency planningcommittees; persons providing equipment, advice or other assistance.
NRS 459.794 Exclusionsfrom immunity: Damages from gross negligence or misconduct; persons causingdischarge; persons receiving compensation for assistance.
NRS 459.796 Prerequisitesfor immunity: Persons providing equipment, advice or other assistance.
STORAGE TANKS
NRS 459.800 Definitions.
NRS 459.802 Commissiondefined.
NRS 459.804 Departmentdefined.
NRS 459.806 Directordefined.
NRS 459.808 Divisiondefined.
NRS 459.810 Operatordefined.
NRS 459.812 Ownerdefined.
NRS 459.814 Persondefined.
NRS 459.816 Regulatedsubstance defined.
NRS 459.818 Releasedefined.
NRS 459.820 Storagetank defined.
NRS 459.822 Departmentdesignated as state agency for regulation of storage tanks.
NRS 459.824 Dutiesof Director.
NRS 459.825 Coordinationof fees, regulations and forms; duties of regulatory agencies.
NRS 459.826 Regulationsof Commission: General requirements.
NRS 459.828 Owneror operator of storage tank to provide Department with certain information.
NRS 459.830 Regulationsof Commission: Standards of performance.
NRS 459.832 Regulationsof Commission: Closure, removal, disposal and management of storage tanks.
NRS 459.834 Regulationsof Commission regarding corrective action, evidence of financialresponsibility; determination of whether corrective action is required.
NRS 459.836 Permitsto operate storage tanks: Regulations; terms and conditions; fee.
NRS 459.838 Accountfor Management of Storage Tanks: Creation; sources; claims.
NRS 459.840 Accountfor Management of Storage Tanks: Use; reimbursement; action by AttorneyGeneral.
NRS 459.842 Enforcementby Department; delegation of responsibility.
NRS 459.844 Subpoenas.
NRS 459.846 Disclosureof information obtained by Department.
NRS 459.848 Authorityto enter and inspect.
NRS 459.850 Actionto alleviate hazard to human health, public safety or environment.
NRS 459.852 Orderfor corrective action.
NRS 459.854 Injunctiverelief.
NRS 459.856 Civilpenalties; damages.
FUND FOR BROWNFIELD PROJECTS
NRS 459.860 Definitions.
NRS 459.862 Administratordefined.
NRS 459.864 Brownfieldproject defined.
NRS 459.866 Brownfieldsite defined.
NRS 459.868 BrownfieldsRestoration Act defined.
NRS 459.870 Commissiondefined.
NRS 459.872 Divisiondefined.
NRS 459.874 Federalgrant defined.
NRS 459.876 Funddefined.
NRS 459.878 Creation;use of money; payment of claims; acceptance of gifts, appropriations,contributions, grants and bequests.
NRS 459.880 Limitationson use of money.
NRS 459.882 Limitationsregarding expenditures from money from federal grant.
NRS 459.884 Dutiesof Division.
NRS 459.886 Powersof Division.
NRS 459.888 Administratormay collect fee to defray costs of administering Fund.
NRS 459.890 Administratormay employ persons necessary to carry out duties.
NRS 459.892 Regulations.
MISCELLANEOUS PROVISIONS
NRS 459.900 Submissionto governmental agencies of information regarding manufacture, processing, useand disposal of toxic chemicals.
NRS 459.910 Unlawfulto store high-level radioactive waste in State.
NRS 459.920 Prerequisitesfor operation or display of radar gun or similar device.
NRS 459.930 Immunityfrom liability for certain persons for response actions and cleanup withrespect to certain real property at which hazardous substance has been or mayhave been released.
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WESTERN INTERSTATE NUCLEAR COMPACT
NRS
ARTICLE I. POLICY ANDPURPOSE
The party states recognize that the proper employmentof scientific and technological discoveries and advances in nuclear and relatedfields and direct and collateral application and adaptation of processes andtechniques developed in connection therewith, properly correlated with theother resources of the region, can assist substantially in the industrialprogress of the West and the further development of the economy of the region.They also recognize that optimum benefit from nuclear and related scientific ortechnological resources, facilities and skills requires systematicencouragement, guidance, assistance, and promotion from the party states on acooperative basis. It is the policy of the party states to undertake suchcooperation on a continuing basis. It is the purpose of this compact to providethe instruments and framework for such a cooperative effort in nuclear andrelated fields, to enhance the economy of the West and contribute to theindividual and community well-being of the regions people.
ARTICLE II. THE BOARD
(a) There is hereby created an agency of the partystates to be known as the Western Interstate Nuclear Board (hereinaftercalled the Board). The Board shall be composed of one member from each partystate designated or appointed in accordance with the law of the state which herepresents and serving and subject to removal in accordance with such law. Anymember of the Board may provide for the discharge of his duties and theperformance of his functions thereon (either for the duration of his membershipor for any lesser period of time) by a deputy or assistant, if the laws of hisstate make specific provisions therefor. The federal government may berepresented without vote if provision is made by federal law for such representation.
(b) The Board members of the party states shall each beentitled to one vote on the Board. No action of the Board shall be bindingunless taken at a meeting at which a majority of all members representing theparty states are present and unless a majority of the total number of votes onthe Board are cast in favor thereof.
(c) The Board shall have a seal.
(d) The Board shall elect annually, from among itsmembers, a chairman, a vice chairman, and a treasurer. The Board shall appointand fix the compensation of an Executive Director who shall serve at itspleasure and who shall also act as Secretary, and who, together with theTreasurer, and such other personnel as the Board may direct, shall be bonded insuch amounts as the Board may require.
(e) The Executive Director, with the approval of theBoard, shall appoint and remove or discharge such personnel as may be necessaryfor the performance of the Boards functions irrespective of the civil service,personnel or other merit system laws of any of the party states.
(f ) The Board mayestablish and maintain, independently or in conjunction with any one or more ofthe party states, or its institutions or subdivisions, a suitable retirementsystem for its full-time employees. Employees of the Board shall be eligiblefor social security coverage in respect of old age and survivors insuranceprovided that the Board takes such steps as may be necessary pursuant tofederal law to participate in such program of insurance as a governmentalagency or unit. The Board may establish and maintain or participate in suchadditional programs of employee benefits as may be appropriate.
(g) The Board may borrow, accept, or contract for theservices of personnel from any state or the United States or any subdivision oragency thereof, from any interstate agency, or from any institution, person,firm or corporation.
(h) The Board may accept for any of its purposes andfunctions under this compact any and all donations, and grants of money,equipment, supplies, materials and services (conditional or otherwise) from anystate or the United States or any subdivision or agency thereof, or interstateagency, 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 orupon any borrowing pursuant to paragraph (g) of this Article, together with theidentity of the donor, grantor or lender, shall be detailed in the annualreport of the Board.
(i) The Board may establish and maintain suchfacilities as may be necessary for the transacting of its business. The Boardmay acquire, hold, and convey real and personal property and any interesttherein.
(j ) The Boardshall adopt bylaws, rules, and regulations for the conduct of its business, andshall have the power to amend and rescind these bylaws, rules, and regulations.The Board shall publish its bylaws, rules, and regulations in convenient formand shall file a copy thereof, and shall also file a copy of any amendmentthereto, with the appropriate agency or officer in each of the party states.
(k) The Board annually shall make to the governor ofeach party state, a report covering the activities of the Board for thepreceding year, and embodying such recommendations as may have been adopted bythe 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 ordesignated officer or officers of each party state a budget of its estimatedexpenditures for such period as may be required by the laws of thatjurisdiction for presentation to the legislature thereof.
(b) Each of the Boards budgets of estimatedexpenditures shall contain specific recommendations of the amount or amounts tobe appropriated by each of the party states. Each of the Boards requests forappropriations pursuant to a budget of estimated expenditures shall beapportioned equally among the party states. Subject to appropriation by theirrespective legislatures, the Board shall be provided with such funds by each ofthe party states as are necessary to provide the means of establishing andmaintaining facilities, a staff of personnel, and such activities as may be necessaryto fulfill the powers and duties imposed upon and entrusted to the Board.
(c) The Board may meet any of its obligations in wholeor 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 tothe 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 offunds by the party jurisdictions adequate to meet the same.
(d) Any expenses and any other costs for each member ofthe Board in attending Board meetings shall be met by the Board.
(e) The Board shall keep accurate accounts of allreceipts and disbursements. The receipts and disbursements of the Board shallbe subject to the audit and accounting procedures established under its bylaws.However, all receipts and disbursements of funds handled by the Board shall beaudited yearly by a certified or licensed public accountant and the report ofthe audit shall be included in and become a part of the annual report of theBoard.
(f ) The Accountsof the Board shall be open at any reasonable time for inspection to personsauthorized by the Board, and duly designated representatives of governmentscontributing to the Boards support.
ARTICLE IV. ADVISORYCOMMITTEES
The Board may establish such advisory and technicalcommittees as it may deem necessary, membership on which may include but not belimited to private citizens, expert and lay personnel, representatives ofindustry, labor, commerce, agriculture, civic associations, medicine,education, voluntary health agencies, and officials of local, State and FederalGovernment, and may cooperate with and use the services of any such committeesand the organizations which they represent in furthering any of its activitiesunder this compact.
ARTICLE V. POWERS
The Board shall have power to
(a) Encourage and promote cooperation among the partystates in the development and utilization of nuclear and related technologiesand their application to industry and other fields.
(b) Ascertain and analyze on a continuing basis theposition of the West with respect to the employment in industry of nuclear andrelated scientific findings and technologies.
(c) Encourage the development and use of scientificadvances and discoveries in nuclear facilities, energy, materials, products,by-products, and all other appropriate adaptations of scientific andtechnological advances and discoveries.
(d) Collect, correlate, and disseminate informationrelating to the peaceful uses of nuclear energy, materials, and products, andother products and processes resulting from the application of related scienceand technology.
(e) Encourage the development and use of nuclearenergy, facilities, installations, and products as part of a balanced economy.
(f ) Conduct, orcooperate in conducting, programs of training for state and local personnelengaged in any aspects of:
1. Nuclear industry, medicine, or education, or thepromotion or regulation thereof.
2. Applying nuclear scientific advances ordiscoveries, and any industrial commercial or other processes resultingtherefrom.
3. The formulation or administration of measuresdesigned to promote safety in any matter related to the development, use ordisposal of nuclear energy, materials, products, by-products, installations, orwastes, or to safety in the production, use and disposal of any othersubstances peculiarly related thereto.
(g) Organize and conduct, or assist and cooperate inorganizing 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 respectto nonnuclear sources of radiation as may promote the economic development andgeneral welfare of the West.
(i) Study industrial, health, safety, and otherstandards, laws, codes, rules, regulations, and administrative practices in orrelated to nuclear fields.
(j ) Recommendsuch changes in, or amendments or additions to the laws, codes, rules,regulations, administrative procedures and practices or local laws or ordinancesof the party states of their subdivisions in nuclear and related fields, as inits judgment may be appropriate. Any such recommendations shall be made throughthe appropriate state agency, with due consideration of the desirability ofuniformity but shall also give appropriate weight to any special circumstanceswhich may justify variations to meet local conditions.
(k) Consider and make recommendations designed tofacilitate the transportation of nuclear equipment, materials, products,by-products, wastes, and any other nuclear or related substances, in suchmanner and under such conditions as will make their availability or disposalpracticable on an economic and efficient basis.
(l) Consider and make recommendations with respect tothe assumption of and protection against liability actually or potentiallyincurred in any phase of operations in nuclear and related fields.
(m) Advise and consult with the federal governmentconcerning the common position of the party states or assist party states withregard to individual problems where appropriate in respect to nuclear andrelated fields.
(n) Cooperate with the Atomic Energy Commission, theNational Aeronautics and Space Administration, the Office of Science andTechnology, or any agencies successor thereto, any other officer or agency ofthe United States, and any other governmental unit or agency or officerthereof, and with any private persons or agencies in any of the fields of itsinterest.
(o) Act as licensee, contractor or subcontractor of theUnited States Government or any party state with respect to the conduct of anyresearch activity requiring such license or contract and operate such researchfacility or undertake any program pursuant thereto, provided that this powershall be exercised only in connection with the implementation of one or moreother powers conferred upon the Board by this compact.
(p) Prepare, publish and distribute (with or withoutcharge) such reports, bulletins, newsletters or other materials as it deemsappropriate.
(q) Ascertain from time to time such methods,practices, circumstances, and conditions as may bring about the prevention andcontrol of nuclear incidents in the area comprising the party states, to coordinatethe nuclear incident prevention and control plans and the work relating theretoof the appropriate agencies of the party states and to facilitate the renderingof aid by the party states to each other in coping with nuclear incidents.
The Board may formulate and, in accordance with needfrom time to time, revise a regional plan or regional plans for coping withnuclear incidents within the territory of the party states as a whole or withinany subregion or subregions of the geographic area covered by this compact.
Any nuclear incident plan in force pursuant to thisparagraph shall designate the official or agency in each party state covered bythe plan who shall coordinate requests for aid pursuant to Article VI of thiscompact and the furnishing of aid in response thereto.
Unless the party states concerned expressly otherwiseagree, the Board shall not administer the summoning and dispatching of aid, butthis function shall be undertaken directly by the designated agencies andofficers of the party states.
However, the plan or plans of the Board in forcepursuant to this paragraph shall provide for reports to the Board concerningthe occurrence of nuclear incidents and the requests for aid on accountthereof, together with summaries of the actual working and effectiveness ofmutual aid in particular instances.
From time to time, the Board shall analyze theinformation gathered from reports of aid pursuant to Article VI and such otherinstances of mutual aid as may have come to its attention, so that experiencein the rendering of such aid may be available.
(r) Prepare, maintain, and implement a regional plan orregional plans for carrying out the duties, powers, or functions conferred uponthe Board by this compact.
(s) Undertake responsibilities imposed or necessarilyinvolved with regional participation pursuant to such cooperative programs ofthe federal government as are useful in connection with the fields covered bythis compact.
ARTICLE VI. MUTUAL AID
(a) Whenever a party state, or any state or localgovernmental authorities therein, request aid from any other party statepursuant to this compact in coping with a nuclear incident, it shall be theduty of the requested state to render all possible aid to the requesting statewhich is consonant with the maintenance of protection of its own people.
(b) Whenever the officers or employees of any partystate are rendering outside aid pursuant to the request of another party stateunder this compact, the officers or employees of such state shall, under thedirection of the authorities of the state to which they are rendering aid, havethe same powers, duties, rights, privileges and immunities as comparableofficers and employees of the state to which they are rendering aid.
(c) No party state or its officers or employeesrendering outside aid pursuant to this compact shall be liable on account ofany act or omission on their part while so engaged, or on account of themaintenance or use of any equipment or supplies in connection therewith.
(d) All liability that may arise either under the lawsof the requesting state or under the laws of the aiding state or under the lawsof a third state on account of or in connection with a request for aid, shallbe assumed and borne by the requesting state.
(e) Any party state rendering outside aid pursuant tothis compact shall be reimbursed by the party state receiving such aid for anyloss or damage to, or expense incurred in the operation of any equipmentanswering a request for aid, and for the cost of all materials, transportation,wages, salaries and maintenance of officers, employees and equipment incurredin connection with such request: provided that nothing herein contained shallprevent any assisting party state from assuming such loss, damage, expense orother cost or from loaning such equipment or from donating such services to thereceiving party state without charge or cost.
(f ) Each partystate shall provide for the payment of compensation and death benefits toinjured officers and employees and the representatives of deceased officers andemployees in case officers or employees sustain injuries or death while renderingoutside aid pursuant to this compact, in the same manner and on the same termsas if the injury or death were sustained within the state by or in which theofficer or employee was regularly employed.
ARTICLE VII.SUPPLEMENTARY AGREEMENTS
(a) To the extent that the Board has not undertaken anactivity or project which would be within its power under the provisions ofArticle V of this compact, any two or more of the party states (acting by theirduly constituted administrative officials) may enter into supplementaryagreements for the undertaking and continuance of such an activity or project.Any such agreement shall specify the purpose or purposes; its duration and theprocedure for termination thereof or withdrawal therefrom; the method of financingand allocating the costs of the activity or project; and such other matters asmay be necessary or appropriate.
No such supplementary agreement entered into pursuantto this article shall become effective prior to its submission to and approvalby the Board. The Board shall give such approval unless it finds that thesupplementary agreement or activity or project contemplated thereby isinconsistent with the provisions of this compact or a program or activityconducted by or participated in by the Board.
(b) Unless all of the party states participate in asupplementary agreement, any cost or costs thereof shall be borne separately bythe states party thereto. However, the Board may administer or otherwise assistin the operation of any supplementary agreement.
(c) No party to a supplementary agreement entered intopursuant to this article shall be relieved thereby of any obligation or dutyassumed by said party state under or pursuant to this compact, except thattimely and proper performance of such obligation or duty by means of thesupplementary agreement may be offered as performance pursuant to the compact.
(d) The provisions of this Article shall apply tosupplementary agreements and activities thereunder, but shall not be construedto repeal or impair any authority which officers or agencies of party statesmay have pursuant to other laws to undertake cooperative arrangements orprojects.
ARTICLE VIII. OTHERLAWS AND RELATIONS
Nothing in this compact shall be construed to
(a) Permit or require any person or other entity toavoid or refuse compliance with any law, rule, regulation, order or ordinanceof a party state or subdivision thereof now or hereafter made, enacted or inforce.
(b) Limit, diminish, or otherwise impair jurisdictionexercised by the Atomic Energy Commission, any agency successor thereto, or anyother federal department, agency or officer pursuant to and in conformity withany valid and operative act of Congress, nor limit, diminish, affect, orotherwise impair jurisdiction exercised by any officer or agency of a partystate, except to the extent that the provisions of this compact may providetherefor.
(c) Alter the relations between and respective internalresponsibilities of the government of a party state and its subdivisions.
(d) Permit or authorize the Board to own or operate anyfacility, reactor, or installation for industrial or commercial purposes.
ARTICLE IX. ELIGIBLEPARTIES, 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 shallbecome effective when its legislature shall have enacted the same into law:Provided, that it shall not become initially effective until enacted into lawby five states.
(c) Any party state may withdraw from this compact byenacting a statute repealing the same, but no such withdrawal shall take effectuntil two years after the Governor of the withdrawing state has given notice inwriting of the withdrawal to the Governors of all other party states. Nowithdrawal shall affect any liability already incurred by or chargeable to aparty state prior to the time of such withdrawal.
(d) Guam and American Samoa, or either of them mayparticipate in the compact to such extent as may be mutually agreed by theBoard and the duly constituted authorities of Guam or American Samoa, as thecase may be. However, such participation shall not include the furnishing orreceipt of mutual aid pursuant to Article VI, unless that Article has beenenacted or otherwise adopted so as to have the full force and effect of law inthe jurisdiction affected. Neither Guam nor American Samoa shall be entitled tovoting participation on the Board, unless it has become a full party to thecompact.
ARTICLE X. SEVERABILITYAND CONSTRUCTION
The provisions of this compact and of any supplementaryagreement entered into hereunder shall be severable and if any phrase, clause,sentence or provision of this compact or such supplementary agreement isdeclared to be contrary to the constitution of any participating state or ofthe United States or the applicability thereof to any government, agency,person, or circumstance is held invalid, the validity of the remainder of thiscompact or such supplementary agreement and the applicability thereof to anygovernment, agency, person or circumstance shall not be affected thereby. Ifthis compact or any supplementary agreement entered into hereunder shall beheld contrary to the constitution of any state participating therein, the compactor such supplementary agreement shall remain in full force and effect as to theremaining states and in full force and effect as to the state affected as toall severable matters. The provisions of this compact and of any supplementaryagreement entered into pursuant thereto shall be liberally construed toeffectuate the purposes thereof.
(Added to NRS by 1969, 1138)(Substituted in revisionfor NRS 459.200)
NRS
(Added to NRS by 1969, 1146)(Substituted in revisionfor NRS 459.210)
NRS
(Added to NRS by 1969, 1146)(Substituted in revisionfor NRS 459.220)
NRS
(Added to NRS by 1969, 1146)(Substituted in revisionfor NRS 459.230)
NRS
(Added to NRS by 1969, 1146)(Substituted in revisionfor NRS 459.240)
ROCKY MOUNTAIN LOW-LEVEL RADIOACTIVE WASTE COMPACT
NRS
ARTICLE 1
FINDINGSAND PURPOSE
A. The party states agree that each state isresponsible for providing for the management of low-level radioactive wastegenerated within its borders, except for waste generated as a result of defenseactivities of the Federal Government or federal research and developmentactivities. Moreover, the party states find that the United States Congress, byenacting the Low-Level Radioactive Waste Policy Act (Public Law 96-573), hasencouraged the use of interstate compacts to provide for the establishment andoperation of facilities for regional management of low-level radioactive waste.
B. It is the purpose of the party states, by enteringinto an interstate compact, to establish the means for cooperative effort inmanaging low-level radioactive waste; to ensure the availability and economicviability of sufficient facilities for the proper and efficient management oflow-level radioactive waste generated within the region while preventingunnecessary and uneconomic proliferation of such facilities; to encouragereduction of the volume of low-level radioactive waste requiring disposal withinthe region; to restrict management within the region of low-level radioactivewaste generated outside the region; to distribute the costs, benefits andobligations of low-level radioactive waste management equitably among the partystates; and by these means to promote the health, safety and welfare of theresidents within the region.
ARTICLE 2
DEFINITIONS
As used in this compact, unless the context clearlyindicates otherwise:
A. Board means the Rocky Mountain low-levelradioactive waste board;
B. Carrier means a person who transports low-levelwaste;
C. Disposal means the isolation of waste from thebiosphere, with no intention of retrieval, such as by land burial;
D. Facility means any property, equipment orstructure 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 aregional facility is located or being developed;
G. Low-level waste or waste means radioactivewaste, other than:
(1) Waste generated as a result of defenseactivities of the Federal Government or federal research and developmentactivities;
(2) High-level waste such as irradiated reactorfuel, liquid waste from reprocessing irradiated reactor fuel, or solids intowhich any such liquid waste has been converted;
(3) Waste material containing transuranicelements with contamination levels greater than 10 nanocuries per gram of wastematerial;
(4) By-product material as defined in section 11e. (2) of the Atomic Energy Act of 1954, as amended on November 8, 1978; or
(5) Wastes from mining, milling, smelting, orsimilar processing of ores and mineral-bearing material primarily for mineralsother than radium;
H. Management means collection, consolidation, storage,treatment, incineration or disposal;
I. Operator means a person who operates a regionalfacility;
J. Person means an individual, corporation,partnership or other legal entity, whether public or private;
K. Region means the combined geographical areawithin the boundaries of the party states; and
L. Regional facility means a facility within anyparty state which either:
(1) Has been approved as a regional facility bythe board; or
(2) Is the low-level waste facility in existenceon January 1, 1982, at Beatty, Nevada.
ARTICLE 3
RIGHTS,RESPONSIBILITIES AND OBLIGATIONS
A. There shall be regional facilities sufficient tomanage the low-level waste generated within the region. At least one regionalfacility shall be open and operating in a party state other than Nevada within6 years after this compact becomes law in Nevada and in one other state.
B. Low-level waste generated within the region shallbe managed at regional facilities without discrimination among the partystates; provided, however, that a host state may close a regional facility whennecessary for public health or safety.
C. Each party state which, according to reasonableprojections made by the board, is expected to generate 20 percent or more incubic feet except as otherwise determined by the board of the low-level wastegenerated within the region has an obligation to become a host state incompliance with subsection D of this article.
D. A host state, or a party state seeking to fulfillits obligation to become a host state, shall:
(1) Cause a regional facility to be developed ona timely basis as determined by the board, and secure the approval of suchregional facility by the board as provided in article 4 before allowing sitepreparation or physical construction to begin;
(2) Ensure by its own law, consistent with anyapplicable federal law, the protection and preservation of public health andsafety in the siting, design, development, licensure or other regulation,operation, closure, decommissioning and long-term care of the regionalfacilities within the state;
(3) Subject to the approval of the board, ensurethat charges for management of low-level waste at the regional facilitieswithin the state are reasonable;
(4) Solicit comments from each other party stateand the board regarding siting, design, development, licensure or otherregulation, operation, closure, decommissioning and long-term care of theregional facilities within the state and respond in writing to such comments;
(5) Submit an annual report to the board whichcontains projections of the anticipated future capacity and availability of theregional facilities within the state, together with other information requiredby the board; and
(6) Notify the board immediately if any exigencyarises requiring the possible temporary or permanent closure of a regionalfacility within the state at a time earlier than was projected in the statesmost recent annual report to the board.
E. Once a party state has served as a host state, itshall not be obligated to serve again until each other party state having anobligation under subsection C of this article has fulfilled that obligation.Nevada, already being a host state, shall not be obligated to serve again as ahost state until every other party state has so served.
F. Each party state:
(1) Agrees to adopt and enforce proceduresrequiring low-level waste shipments originating within its borders and destinedfor a regional facility to conform to packaging and transportation requirementsand regulations. Such procedures shall include but are not limited to:
(a) Periodic inspections of packaging and shippingpractices;
(b) Periodic inspections of waste containers while inthe custody of carriers; and
(c) Appropriate enforcement actions with respect toviolations;
(2) Agrees that after receiving notificationfrom a host state that a person in the party state has violated packaging,shipping or transportation requirements or regulations, it shall takeappropriate action to ensure that violations do not recur. Appropriate actionmay include but is not limited to the requirement that a bond be posted by theviolator to pay the cost of repackaging at the regional facility and therequirement that future shipments be inspected;
(3) May impose fees to recover the cost of thepractices provided for in paragraphs (1) and (2) of this subsection;
(4) Shall maintain an inventory of allgenerators within the state that may have low-level waste to be managed at aregional facility; and
(5) May impose requirements or regulations morestringent than those required by this subsection.
ARTICLE 4
BOARDAPPROVAL OF REGIONAL FACILITIES
A. Within 90 days after being requested to do so by aparty state, the board shall approve or disapprove a regional facility to belocated within that state.
B. A regional facility shall be approved by the boardif and only if the board determines that:
(1) There will be, for the foreseeable future,sufficient demand to render operation of the proposed facility economicallyfeasible without endangering the economic feasibility of operation of any otherregional facility; and
(2) The facility will have sufficient capacityto serve the needs of the region for a reasonable period of years.
ARTICLE 5
SURCHARGES
A. The board shall impose a compact surcharge per unitof waste received at any regional facility. The surcharge shall be adequate topay the costs and expenses of the board in the conduct of its authorizedactivities and may be increased or decreased as the board deems necessary.
B. A host state may impose a state surcharge per unitof waste received at any regional facility within the state. The host state mayfix and change the amount of the state surcharge subject to approval by theboard. Money received from the state surcharge may be used by the host statefor any purpose authorized by its own law, including but not limited to costsof licensure and regulatory activities related to the regional facility,reserves for decommissioning and long-term care of the regional facility andlocal impact assistance.
ARTICLE 6
THEBOARD
A. The Rocky Mountain low-level radioactive wasteboard, which shall not be an agency or instrumentality of any party state, iscreated.
B. The board shall consist of one member from eachparty state. Each party state shall determine how and for what term its membershall be appointed, and how and for what term any alternate may be appointed toperform that members duties on the board in the members absence.
C. Each party state is entitled to one vote. A majorityof the board constitutes a quorum. Unless otherwise provided in this compact, amajority of the total number of votes on the board is necessary for the boardto take any action.
D. The board shall meet at least once a year andotherwise as its business requires. Meetings of the board may be held in anyplace within the region deemed by the board to be reasonably convenient for theattendance of persons required or entitled to attend and where adequateaccommodations may be found. Reasonable public notice and opportunity forcomment shall be given with respect to any meeting; provided, however, thatnothing in this subsection shall preclude the board from meeting in executivesession when seeking legal advice from its attorneys or when discussing theemployment, discipline or termination of any of its employees.
E. The board shall pay necessary travel and reasonableper diem expenses of its members, alternates and advisory committee members.
F. The board shall organize itself for the efficientconduct of its business. It shall adopt and publish rules consistent with thiscompact regarding its organization and procedures. In special circumstances theboard, with unanimous consent of its members, may take actions by telephone;provided, however, that any action taken by telephone shall be confirmed inwriting by each member within 30 days. Any action taken by telephone shall benoted in the minutes of the board.
G. The board may use for its purposes the services ofany personnel or other resources which may be offered by any party state.
H. The board may establish its offices in spaceprovided for that purpose by any of the party states or, if space is not providedor is deemed inadequate, in any space within the region selected by the board.
I. Consistent with available funds, the board maycontract for necessary personnel services and may employ such staff as it deemsnecessary to carry out its duties. Staff shall be employed without regard forthe personnel, civil service or merit system laws of any of the party statesand shall serve at the pleasure of the board. The board may provide appropriateemployee benefit programs for its staff.
J. The board shall establish a fiscal year whichconforms to the extent practicable to the fiscal years of the party states.
K. The board shall keep an accurate account of allreceipts and disbursements. An annual audit of the books of the board shall beconducted by an independent certified public accountant, and the audit reportshall be made a part of the annual report of the board.
L. The board shall prepare and include in the annualreport a budget showing anticipated receipts and disbursements for the ensuingyear.
M. Upon legislative enactment of this compact, eachparty state shall appropriate $70,000 to the board to support its activitiesprior to the collection of sufficient funds through the compact surchargeimposed 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 anysource. The nature, amount and condition, if any, attendant upon any donation,grant or other resources accepted pursuant to this subsection, together withthe identity of the donor or grantor, shall be detailed in the annual report ofthe board.
O. In addition to the powers and duties conferred uponthe board pursuant to other provisions of this compact, the board:
(1) Shall submit communications to the governorsand to the presiding officers of the legislatures of the party states regardingthe activities of the board, including an annual report to be submitted byDecember 15;
(2) May assemble and make available to thegovernments of the party states and to the public through its membersinformation concerning low-level waste management needs, technologies andproblems;
(3) Shall keep a current inventory of allgenerators within the region, based upon information provided by the partystates;
(4) Shall keep a current inventory of allregional facilities, including information on the size, capacity, location,specific wastes capable of being managed and the projected useful life of eachregional facility;
(5) May keep a current inventory of alllow-level waste facilities in the region, based upon information provided bythe party states;
(6) Shall ascertain on a continuing basis theneeds for regional facilities and capacity to manage each of the various classesof low-level waste;
(7) May develop a regional low-level wastemanagement plan;
(8) May establish such advisory committees as itdeems necessary for the purpose of advising the board on matters pertaining tothe management of low-level waste;
(9) May contract as it deems appropriate toaccomplish its duties and effectuate its powers, subject to its projectedavailable resources; but no contract made by the board shall bind any partystate;
(10) Shall make suggestions to appropriateofficials of the party states to ensure that adequate emergency responseprograms are available for dealing with any exigency that might arise withrespect to low-level waste transportation or management;
(11) Shall prepare contingency plans, with thecooperation and approval of the host state, for management of low-level wastein the event any regional facility should be closed;
(12) May examine all records of operators ofregional facilities pertaining to operating costs, profits or the assessment orcollection of any charge, fee or surcharge;
(13) Shall have the power to sue; and
(14) When authorized by unanimous vote of itsmembers, may intervene as of right in any administrative or judicial proceedinginvolving low-level waste.
ARTICLE 7
PROHIBITEDACTS AND PENALTIES
A. It shall be unlawful for any person to dispose oflow-level waste within the region, except at a regional facility; provided,however, that a generator who, prior to January 1, 1982, had been disposing ofonly his own waste on his own property may, subject to applicable federal andstate law, continue to do so.
B. After January 1, 1986, it shall be unlawful for anyperson to export low-level waste which was generated within the region outsidethe region unless authorized to do so by the board. In determining whether togrant such authorization, the factors to be considered by the board shallinclude, but not be limited to, the following:
(1) The economic impact of the export of thewaste on the regional facilities;
(2) The economic impact on the generator ofrefusing to permit the export of the waste; and
(3) The availability of a regional facilityappropriate for the disposal of the waste involved.
C. After January 1, 1986, it shall be unlawful for anyperson to manage any low-level waste within the region unless the waste wasgenerated within the region or unless authorized to do so both by the board andby the state in which that management takes place. In determining whether togrant such authorization, the factors to be considered by the board shallinclude, but not be limited to, the following:
(1) The impact of importing waste on theavailable capacity and projected life of the regional facilities;
(2) The economic impact on the regionalfacilities; and
(3) The availability of a regional facilityappropriate for the disposal of the type of waste involved.
D. It shall be unlawful for any person to manage at aregional facility any radioactive waste other than low-level waste as definedin this compact, unless authorized to do so both by the board and the hoststate. In determining whether to grant such authorization, the factors to beconsidered by the board shall include, but not be limited to, the following:
(1) The impact of allowing such management onthe available capacity and projected life of the regional facilities;
(2) The availability of a facility appropriatefor the disposal of the type of waste involved;
(3) The existence of transuranic elements in thewaste; and
(4) The economic impact on the regionalfacilities.
E. Any person who violates subsection A or B of thisarticle shall be liable to the board for a civil penalty not to exceed 10 timesthe charges which would have been charged for disposal of the waste at aregional facility.
F. Any person who violates subsection C or D of thisarticle shall be liable to the board for a civil penalty not to exceed 10 timesthe charges which were charged for management of the waste at a regionalfacility.
G. The civil penalties provided for in subsections Eand F of this article may be enforced and collected in any court of generaljurisdiction within the region where necessary jurisdiction is obtained by anappropriate proceeding commenced on behalf of the board by the attorney generalof the party state wherein the proceeding is brought or by other counselauthorized by the board. In any such proceeding, the board, if it prevails, isentitled to recover reasonable attorneys fees as part of its costs.
H. Out of any civil penalty collected for a violationof subsection A or B of this article, the board shall pay to the appropriateoperator a sum sufficient in the judgment of the board to compensate theoperator for any loss of revenue attributable to the violation. Suchcompensation may be subject to state and compact surcharges as if received inthe normal course of the operators business. The remainder of the civilpenalty 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 inthe region.
I. Any civil penalty collected for a violation ofsubsection C or D of this article shall be allocated by the board. In makingsuch allocation, the board shall give first priority to the needs of thelong-term care funds in the region.
J. Violations of subsection A, B, C, or D of thisarticle may be enjoined by any court of general jurisdiction within the regionwhere necessary jurisdiction is obtained in any appropriate proceedingcommenced on behalf of the board by the attorney general of the party statewherein the proceeding is brought or by other counsel authorized by the board.In any such proceeding, the board, if it prevails, is entitled to recoverreasonable attorneys fees as part of its costs.
K. No state attorney general shall be required tobring any proceeding under any subsection of this article, except upon hisconsent.
ARTICLE 8
ELIGIBILITY,ENTRY INTO EFFECT, CONGRESSIONAL CONSENT, WITHDRAWAL, EXCLUSION
A. Arizona, Colorado, Nevada, New Mexico, Utah andWyoming are eligible to become parties to this compact. Any other state may bemade eligible by unanimous consent of the board.
B. An eligible state may become a party state bylegislative enactment of this compact or by executive order of its governoradopting this compact; provided, however, a state becoming a party by executiveorder shall cease to be a party state upon adjournment of the first generalsession of its legislature convened thereafter, unless before such adjournmentthe legislature shall have enacted this compact.
C. This compact shall take effect when it has beenenacted by the legislatures of two eligible states. However, subsections B andC of article 7 shall not take effect until Congress has by law consented tothis compact. Every 5 years after such consent has been given, Congress may bylaw withdraw its consent.
D. A state which has become a party state bylegislative enactment may withdraw by legislation repealing its enactment ofthis compact; but no such repeal shall take effect until 2 years after enactmentof the repealing legislation. If the withdrawing state is a host state, anyregional facility in that state shall remain available to receive low-levelwaste generated within the region until 5 years after the effective date of thewithdrawal; provided, however, this provision shall not apply to the existingfacility in Beatty, Nevada.
E. A party state may be excluded from this compact bya two-thirds vote of the members representing the other party states, actingin a meeting, on the ground that the state to be excluded has failed to carryout its obligations under this compact. Such an exclusion may be terminatedupon a two-thirds vote of the members acting in a meeting.
ARTICLE 9
CONSTRUCTIONAND SEVERABILITY
A. The provisions of this compact shall be broadlyconstrued to carry out the purposes of the compact.
B. Nothing in this compact shall be construed toaffect any judicial proceeding pending on the effective date of this compact.
C. If any part or application of this compact is heldinvalid, the remainder, or its application to other situations or persons,shall not be affected.
(Added to NRS by 1983, 1251)
NRS
1. The Governor shall appoint the member of the RockyMountain Low-Level Radioactive Waste Board to represent this State. The memberserves at the pleasure of the Governor.
2. The member representing this State on the RockyMountain Low-Level Radioactive Waste Board may, in his absence, be representedon the Board by an alternate designated by him. Such an alternate may dischargethe members duties and perform the members functions to the extent and duringthe time designated by the member, pursuant to subsection B of article 6 of theCompact.
(Added to NRS by 1983, 1259)
NRS
(Added to NRS by 1987, 1748; A 1997, 125)
COMMITTEE ON HIGH-LEVEL RADIOACTIVE WASTE
NRS
1. There is hereby created a Committee on High-LevelRadioactive Waste. It is a committee of the Legislature composed of:
(a) Four members of the Senate, appointed by theMajority Leader of the Senate.
(b) Four members of the Assembly, appointed by theSpeaker.
2. The Legislative Commission shall select a Chairmanand a Vice Chairman from the members of the Committee.
3. The Committee shall meet at the call of theChairman to study and evaluate:
(a) Information and policies regarding the location inthis State of a facility for the disposal of high-level radioactive waste;
(b) Any potentially adverse effects from theconstruction and operation of a facility and the ways of mitigating thoseeffects; and
(c) Any other policies relating to the disposal ofhigh-level radioactive waste.
4. The Committee shall report the results of itsstudies and evaluations to the Legislative Commission and the Interim FinanceCommittee at such times as the Legislative Commission or the Interim FinanceCommittee may require.
5. The Committee may recommend any appropriatelegislation to the Legislature and the Legislative Commission.
6. The Director of the Legislative Counsel Bureaushall provide a Secretary for the Committee on High-Level Radioactive Waste.Except during a regular or special session of the Legislature, each member ofthe Committee is entitled to receive the compensation provided for a majorityof the members of the Legislature during the first 60 days of the precedingregular session for each day or portion of a day during which he attends aCommittee meeting or is otherwise engaged in the work of the Committee plus theper diem allowance provided for state officers and employees generally and thetravel expenses provided pursuant to NRS218.2207. Per diem allowances, salary and travel expenses of members of theCommittee must be paid from the Legislative Fund.
(Added to NRS by 1985, 685; A 1987, 399; 1989, 1221;1995, 1454)
NUCLEAR PROJECTS
NRS
1. Agency means the Agency for Nuclear Projects.
2. Commission means the Commission on NuclearProjects.
3. Executive Director means the Executive Directorof the Agency.
4. Radioactive waste is limited to:
(a) The highly radioactive material resulting from thereprocessing of spent nuclear fuel, including liquid waste and any solidmaterial derived from the liquid waste that contains concentrations of matterproduced by nuclear fission sufficient to require permanent isolation, asdetermined by the Nuclear Regulatory Commission;
(b) Spent nuclear fuel that has been withdrawn from areactor following irradiation and has not been separated into its constituentelements by reprocessing; and
(c) Other material that the Nuclear RegulatoryCommission determines must be permanently isolated.
(Added to NRS by 1985, 2303)
NRS
1. The Commission on Nuclear Projects, consisting ofseven members, is hereby created.
2. The Commission consists of:
(a) Three members of the Governors own choosing.
(b) Two members chosen by the Governor from a list ofthree names submitted to him by the Legislative Commission.
(c) Two members chosen by the Governor, one of whom ischosen from a list of three names submitted to him by a statewide organizationof county governments and one of whom is chosen from a list of three namessubmitted to him by a statewide organization of city governments.
3. The members of the Commission shall annually selecta Chairman from among themselves.
4. After the initial terms, members shall serve termsof 2 years.
5. Each member of the Commission is entitled to asalary of $80 for each days attendance at a meeting of the Commission.
(Added to NRS by 1985, 2303)
NRS
1. Be informed on issues and developments relating tothe disposal of radioactive waste.
2. Report to the Governor and the Legislature on anymatter relating to the disposal of radioactive waste which it deems appropriateand on any such matter requested by the Governor.
3. Advise and make recommendations to the Governor andthe Legislature on the policy of this State concerning all projects involvingthe disposal of radioactive waste.
4. Formulate the administrative policies of the Agencyand its divisions.
5. Advise the state and local governments onlitigation relating to radioactive waste.
6. Adopt such regulations and perform such otherduties as are necessary to carry out the provisions of
(Added to NRS by 1985, 2303)
NRS
1. The Agency for Nuclear Projects is hereby createdwithin 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 submittedto the Governor by the Commission.
(b) Possess broad management skills related to thefunctions of the Agency and have the ability to coordinate planning andcommunication among the Federal Government, the state and the local governmentsof this State on issues related to radioactive waste.
(Added to NRS by 1985, 2304; A 1993, 1630; 1995,1455)
NRS
1. Appoint, with the consent of the Commission, anAdministrator of each Division of the Agency.
2. Advise the Commission on matters relating to thepotential disposal of radioactive waste in this State.
3. Evaluate the potentially adverse effects of afacility for the disposal of radioactive waste in this State.
4. Consult frequently with local governments and stateagencies that may be affected by a facility for the disposal of radioactivewaste and appropriate legislative committees.
5. Assist local governments in their dealings with theDepartment of Energy and its contractors on matters relating to radioactivewaste.
6. Carry out the duties imposed on the State by 42U.S.C. 10101 to 10226, inclusive, as those sections existed on July 1, 1995.
7. Cooperate with any governmental agency or otherperson to carry out the provisions of NRS459.009 to 459.0098, inclusive.
8. Provide semiannual written reports to the Committeeon High-Level Radioactive Waste. The reports must contain:
(a) A summary of the status of the activitiesundertaken by the Agency since the previous report;
(b) A description of all contracts the Agency has withnatural persons or organizations, including, but not limited to, the name ofthe recipient of each contract, the amount of the contract, the duties to beperformed under the contract, the manner in which the contract assists theAgency in achieving its goals and responsibilities and the status of theperformance of the terms of the contact;
(c) The status of any litigation relating to the goalsand responsibilities of the Agency to which the State of Nevada is a party; and
(d) Any other information requested by the LegislativeCommittee.
(Added to NRS by 1985, 2304; A 1995, 1455)
NRS
1. Provide information relating to radioactive wasteto the Legislature, local governments and state agencies that may be affectedby the disposal of radioactive waste in this State.
2. Consult branches and facilities of the NevadaSystem of Higher Education or other institutions of higher education on mattersrelating to radioactive waste.
3. Employ, within the limitations of legislativeauthorization, technical consultants, specialists, investigators and otherprofessional and clerical employees as are necessary to the performance of hisduties.
4. Make and execute contracts and all otherinstruments necessary for the exercise of the duties of the office.
5. Obtain equipment and supplies necessary to carryout the provisions of NRS 459.009 to
(Added to NRS by 1985, 2304; A 1993, 407)
NRS
1. The Administrator of each Division shall administerthe provisions of law relating to his Division under the supervision of theExecutive Director.
2. The Executive Director and the Administrator ofeach Division:
(a) Are in the unclassified service of the State.
(b) Except as otherwise provided in
(Added to NRS by 1985, 2305; A 1995, 2315)
NRS
1. Evaluate the:
(a) Potential effects of radioactive waste upon thephysical environment;
(b) Potential health hazards from the disposal ofradioactive waste; and
(c) Design of and engineering techniques involved in afacility for the disposal of radioactive waste.
2. Assure the quality of techniques and proceduresused in research involving radioactive waste and of any information developedas a result of the research.
3. Analyze the geological and technical informationwhich would affect the feasibility and safety of locating a facility for thedisposal of radioactive waste in this State.
4. Perform any other duties assigned to him by theExecutive Director.
(Added to NRS by 1985, 2305)
NRS
1. Coordinate activities between the Agency, politicalsubdivisions of the State and affected state agencies.
2. Disseminate information to the State, interestedpolitical subdivisions of the State or any agency of either and members of thepublic regarding radioactive waste.
3. Study the effects of a facility for the disposal ofradioactive waste upon transportation and social and economic conditions inthis State.
4. Assess the means of mitigating the adverse effectsof a facility for the disposal of radioactive waste.
5. Perform any other duties assigned to him by theExecutive Director.
(Added to NRS by 1985, 2305)
STATE CONTROL OF RADIATION
General Provisions
NRS
1. By-product material means:
(a) Any radioactive material, except special nuclearmaterial, yielded in or made radioactive by exposure to the radiation incidentto the process of producing or making use of special nuclear material; and
(b) The tailings or wastes produced by the extractionor concentration of uranium or thorium from any ore which is processedprimarily for the extraction of the uranium or thorium.
2. General license means a license effectivepursuant to regulations adopted by the State Board of Health without the filingof an application to transfer, acquire, own, possess or use quantities of, ordevices or equipment for utilizing, by-product material, source material,special nuclear material or other radioactive material occurring naturally orproduced artificially.
3. Health Division means the Health Division of theDepartment of Health and Human Services.
4. Ionizing radiation means gamma rays and X rays,alpha and beta particles, high-speed electrons, neutrons, protons and othernuclear particles, but not sound or radio waves, or visible, infrared orultraviolet light.
5. Person includes any agency or politicalsubdivision of this State, any other state or the United States, but not the NuclearRegulatory Commission or its successor, or any federal agency licensed by theNuclear Regulatory Commission or any successor to such a federal agency.
6. Source material means:
(a) Uranium, thorium or any other material which theGovernor declares by order to be source material after the Nuclear RegulatoryCommission or any successor thereto has determined that material to be sourcematerial.
(b) Any ore containing one or more of the materialsenumerated in paragraph (a) in such concentration as the Governor declares byorder to be source material after the Nuclear Regulatory Commission or anysuccessor thereto has determined the material in the concentration to be sourcematerial.
7. Special nuclear material means:
(a) Plutonium, uranium 233, uranium enriched in theisotope 233 or in the isotope 235 and any other material which the Governordeclares by order to be special nuclear material after the Nuclear RegulatoryCommission or any successor thereto has determined such material to be specialnuclear material, but does not include source material.
(b) Any material artificially enriched by any of thematerials enumerated in paragraph (a), but does not include source material.
8. Specific license means a license issued pursuantto the filing of an application to use, manufacture, produce, transfer,receive, acquire, own or possess quantities of, or devices or equipment forutilizing, by-product material, source material, special nuclear material orother radioactive material occurring naturally or produced artificially.
(Added to NRS by 1963, 577; A 1975, 1327; 1979, 970;1985, 517)
NRS
(Added to NRS by 1963, 578; A 1975, 1328; 1979, 971)
NRS
1. Develop and conduct programs for the evaluation ofand response to hazards associated with the use of sources of ionizingradiation.
2. Develop programs and formulate, with due regard forcompatibility with federal programs, regulations for adoption by the StateBoard 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 toadminister the provisions of NRS 459.010to 459.290, inclusive.
4. Collect and disseminate information relating tocontrol of sources of ionizing radiation, including:
(a) Maintenance of a file of all license applications,issuances, denials, amendments, transfers, renewals, modifications, suspensionsand revocations.
(b) Maintenance of a file of registrants possessingsources of ionizing radiation which require registration pursuant to theprovisions of NRS 459.010 to
(c) Maintenance of a file of all regulations, pendingor 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)
1. Any authorized representative of the HealthDivision may enter at any reasonable time upon any private or public propertyfor the purpose of determining whether there is compliance with or violation ofthe provisions of NRS 459.010 to
2. Entry into areas under the jurisdiction of theFederal Government shall be effected only with the concurrence of the FederalGovernment or its duly designated representative.
3. Any report of investigation or inspection, or anyinformation concerning trade secrets or secret industrial processes obtainedunder NRS 459.010 to
(Added to NRS by 1963, 579; A 1975, 1330)
1. The Health Division shall require each person whoacquires, possesses or uses a source of ionizing radiation to maintain:
(a) Records relating to the receipt, storage, transferor disposal of such source.
(b) Appropriate records showing the radiation exposureof all individuals for whom personnel monitoring is required by the rules andregulations of the State Board of Health.
(c) Such other records as the Health Division mayrequire, subject to such exemptions as may be provided by any rule orregulation promulgated by the State Board of Health.
2. Copies of any record enumerated in subsection 1shall be submitted to the Health Division upon request by the Division.
(Added to NRS by 1963, 579; A 1975, 1330)
NRS
1. The State Board of Health shall adopt reasonableregulations, compatible with those of the Nuclear Regulatory Commission or anysuccessor to it, pertaining to reports of exposure of personnel.
2. Such regulations must require that reports ofexcessive exposure be made to the person exposed and to the State Board ofHealth, and must make provision for periodic and terminal reports to personsfor whom personnel monitoring is required.
3. The provisions of NRS459.010 to 459.290, inclusive, withrespect to the limits of the exposure of personnel established in regulationsfor radiation control do not limit the kind or amount of radiation which may beintentionally applied to a person for diagnostic or therapeutic purposes by orunder the direction of a licensed practitioner of the healing arts.
(Added to NRS by 1963, 579; A 1975, 1330; 1983, 140)
NRS
1. The Governor, on behalf of this State, may enterinto agreements with the Federal Government providing for discontinuance ofcertain responsibilities of the Federal Government relating to sources ofionizing radiation and the assumption of such responsibilities by this State.
2. Any person who, on the effective date of any suchagreement, possesses a license issued by the Federal Government shall be deemedto possess such license pursuant to the provisions of
3. Such license shall expire either 90 days afterreceipt from the State Board of Health of a notice of expiration of suchlicense, or on the date of expiration specified in such license, whichever isthe earlier.
(Added to NRS by 1963, 580)
NRS
1. The Health Division, on behalf of the State, may enterinto one or more agreements with the Federal Government, any interstate agencyor any other state committing this State to perform on a cooperative basis withthe Federal Government, any interstate agency or any other state inspections orother functions relating to the control of sources of ionizing radiation.
2. The Health Division may institute training programsfor the purpose of qualifying personnel to carry out the provisions ofsubsection 1, and may make such personnel available for participation in anyprogram or programs of the Federal Government, any interstate agency or anyother state in furtherance of the purposes of NRS459.010 to 459.290, inclusive.
(Added to NRS by 1963, 580; A 1975, 1330)
NRS
1. In any proceeding under
2. The Board shall render a written decision at theconclusion of every hearing, and the record and decision in every hearing shallbe available for inspection by any interested person.
(Added to NRS by 1963, 580; A 1977, 74)
NRS
1. Any disciplinary action taken by a hearing officeror panel pursuant to NRS 459.235 issubject to the same procedural requirements which apply to disciplinary actionstaken by the State Board of Health pursuant to
2. A decision of the hearing officer or panel imposingan administrative penalty is a final decision for the purposes of judicialreview.
(Added to NRS by 1983, 1531; A 1995, 1587)
NRS
1. If the Health Division finds that an emergencyexists requiring immediate action to protect the public health and safety, theDivision may, without notice or hearing, issue an order reciting the existenceof such an emergency and requiring that such action be taken as is considerednecessary to meet the emergency.
2. Any person to whom such an order is directed shallcomply immediately with the order, but on application to the Health Division hemust be afforded a hearing.
3. The emergency order specified in subsection 1 mustbe continued, modified or revoked within 30 days after the hearing.
(Added to NRS by 1963, 581; A 1975, 1331; 1977, 75;1995, 1588)
NRS
1. The Department of Transportation shall:
(a) Conduct an analysis of the risks involved in thetransportation of controlled quantities of radioactive materials and high-levelradioactive waste within this State;
(b) Consult with each regional transportationcommission and the governing body of the largest city in each county which doesnot have a regional transportation commission to determine the safest routesfor the transportation of controlled quantities of radioactive materials andhigh-level radioactive waste; and
(c) Develop and enforce a plan for the routing ofshipments of controlled quantities of radioactive materials and high-levelradioactive waste in this State.
2. The Department of Transportation shall cooperatewith the United States Department of Transportation, interstate regionaltransportation commissions and states contiguous to Nevada to develop plans forthe interstate routing of shipments of controlled quantities of radioactivematerials and high-level radioactive waste.
3. The Department of Transportation may:
(a) Adopt regulations necessary to carry out theprovisions of this section.
(b) Cooperate with federal, state and local governmentalagencies that regulate other hazardous materials.
4. As used in this section, unless the contextotherwise requires:
(a) Controlled quantity has the meaning ascribed tohighway route controlled quantity in 49 C.F.R. 173.403(l);
(b) High-level radioactive waste has the meaningascribed to that term in 10 C.F.R. 60.2; and
(c) Radioactive material has the meaning ascribed tothat term in 49 C.F.R. 173.403(y),
as thosesections existed on January 1, 1987.
(Added to NRS by 1987, 1521)
Possession, Transfer and Disposal of Radioactive Material
NRS
1. The State Board of Health shall, with due regardfor compatibility with federal programs, adopt regulations for:
(a) General or specific licensing of persons toreceive, possess or transfer radioactive materials, or devices or equipmentutilizing 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 Health Division may require:
(a) Registration and inspection of sources of ionizingradiation which do not require specific licensing.
(b) Compliance with specific standards to bepromulgated by the State Board of Health.
3. The State Board of Health may exempt certainsources of ionizing radiation, or kinds of uses or users of such sources, fromthe licensing or registration requirements set forth in this section if theBoard 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 significantrisk to the health and safety of the public.
4. Regulations promulgated pursuant to
(Added to NRS by 1963, 579; A 1967, 1175; 1973, 1406;1975, 1329; 1981, 232)(Substituted in revision for NRS 459.040)
NRS
1. License fees and any other fees for the operationof state-owned areas in an amount sufficient to defray all costs of monitoring,securing or otherwise regulating the storage or disposal of radioactivematerials. The person who contracts with the State for the operation of such anarea is responsible for the payment of these fees.
2. Procedures for the collection of interest ondelinquent fees and other accounts for the operation of disposal areas.
3. Penalties of no more than $3,000 per day for eachseparate failure to comply with an agreement, license, regulation or statutegoverning the operation of a disposal area.
4. License fees and other fees for the use of such anarea to store or dispose of radioactive materials, which are chargeable againstshippers or brokers in amounts sufficient to defray the costs to the State ofinspecting, monitoring, securing or otherwise regulating their use of the area.In addition, the Board may establish by regulation a fee chargeable againstshippers and brokers for revenue for the State of Nevada. Before establishing afee for revenue, the Board must consider the amounts of the fees for licensingand disposal which are chargeable against the users of such areas in otherstates, in order that a shipper or broker be neither encouraged nor discouragedfrom disposing of such waste in this State, and that he base his decision aboutwhere to dispose of the waste primarily on the cost of transportation to theareas which are available for disposal. The regulations adopted pursuant tothis subsection may include a method for the collection of fees from the usersof an area, and each of the fees may be a percentage of the fee paid by a userto the operator of the area. The Board shall report to the Legislature at the endof January of odd-numbered years the amounts of revenue paid to the State forthe use of such areas in the preceding biennium.
(Added to NRS by 1977, 112; A 1981, 233,888)(Substituted in revision for NRS 459.045)
NRS
1. A shipper or producer of radioactive waste, or abroker who receives such waste from another person for the purpose of disposal,shall not dispose of the waste in this State until he obtains a license fromthe Health Division to use the disposal area. The Health Division shall order ashipment of such waste from an unlicensed shipper or broker to be returned tohim, except for a package which has leaked or spilled its contents, unless thepackage has been securely repackaged for return.
2. The Health Division shall issue a license to use adisposal area to a shipper or broker who demonstrates to the satisfaction ofthe Division that he will package and label the waste he transports or causesto be transported to the disposal area in conformity with the regulations ofthe State Board of Health. The Director of the Department of Health and HumanServices may designate third parties to inspect and make recommendationsconcerning such shippers and brokers and their shipments.
3. A shipper or broker violates this section if hetransports or causes to be transported to a disposal area any such waste:
(a) Which is not packaged or labeled in conformity withregulations of the State Board of Health;
(b) Which is not accompanied by a bill of lading orother shipping document prescribed by that Board; or
(c) Which leaks or spills from its package, unless, byway of affirmative defense, the shipper or broker proves that the carrier ofthe waste was responsible for the leak or spill,
and iflicensed by the Health Division, he may be assessed an administrative penaltyby the Health Division of not more than $5,000, or if not licensed, he isguilty of a misdemeanor.
4. Each container of such waste which is not properlypackaged or labeled, or leaks or spills its contents, constitutes a separateviolation, but the total amount of the penalty or fine for any one shipmentmust not exceed $20,000. The Health Division in assessing an administrativepenalty, or the court in imposing a fine for a misdemeanor, shall consider thesubstantiality of the violation and the injury or risk of injury to persons orproperty in this State.
5. The Health Division, or the Board pursuant to
(Added to NRS by 1981, 230; 1983, 504)
NRS
1. There is hereby created as a special revenue fundin the State Treasury a Fund for the Care of Sites for the Disposal ofRadioactive Waste. The Director of the Department of Health and Human Servicesis responsible for the administration of the Fund. All money held by the StateTreasurer or received by the Director for that purpose must be deposited in theFund.
2. The money in the Fund must be invested as otherstate funds are invested. All interest earned on the deposit or investment ofthe money in the Fund must be credited to the Fund, except that all interestearned on the money in the Account created pursuant to section 5 of chapter374, Statutes of Nevada 1961, must be credited to that Account.
3. The Director may expend the annual income from theFund for the purpose for which the Fund is created, and any income of the Fundwhich is unexpended at the end of any year must be added to the principal ofthe Fund. Except as otherwise provided in section 5 of chapter 374, Statutes ofNevada 1961, the principal of the Fund may be expended if approved by theLegislature when in regular session or by the Interim Finance Committee whenthe Legislature is not in session. Claims against the Fund must be paid asother claims against the State are paid.
(Added to NRS by 1981, 231; A 1983, 310; 1997, 126)
NRS
1. All penal fines imposed in the name of a county forviolations of the provisions of NRS 459.010to 459.290, inclusive, or any regulationor order adopted or issued pursuant to those provisions, must be deposited inthe Fund for the Care of Sites for the Disposal of Radioactive Waste.
2. The State Board of Health may delegate to a hearingofficer or panel its authority to take any disciplinary action pursuant to
3. If a hearing officer or panel is not authorized totake disciplinary action pursuant to subsection 2 and the State Board of Healthdeposits the money collected from the imposition of administrative fines withthe State Treasurer for credit to the State General Fund, it may present aclaim to the State Board of Examiners for recommendation to the Interim FinanceCommittee if money is needed to pay attorneys fees or the costs of aninvestigation, or both.
(Added to NRS by 1981, 231; A 1983, 1532; 1997, 126)
Enforcement, Violations and Penalties
NRS
1. Peace officers of the Nevada Highway Patrol shallenforce those provisions of NRS 459.221and 459.7052 to
2. The peace officer may:
(a) Impound a vehicle with unsafe equipment; or
(b) Detain a vehicle, if any waste has leaked orspilled from its package or if he has detected the emission of ionizingradiation in an unsafe amount, and order the driver of the vehicle to park itin a safe place, as determined by an officer designated by the Health Division,pending remedial action by that Division.
3. After a vehicle has been so detained, an officerdesignated by the Health 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 berepackaged; or
(d) Any other appropriate precaution or remedy,
at theexpense of the shipper or broker, carrier or other person who is responsible asdetermined by the Health Division.
(Added to NRS by 1981, 231; A 1985, 1996; 1993, 846;1997, 2002; 1999,3349)
NRS
(Added to NRS by 1963, 581; A 1975,1331)(Substituted in revision for NRS 459.150)
NRS
1. If, in the judgment of the Health Division, anyperson is engaged in or is about to engage in any act or practice whichconstitutes or will constitute a violation of any provision of
2. Upon a showing by the Health Division that suchperson has engaged in or is about to engage in any such act or practice, apermanent or temporary injunction, restraining order or other appropriate ordermay be granted by the court.
(Added to NRS by 1963, 581; A 1975,1331)(Substituted in revision for NRS 459.140)
NRS
1. A person who is employed at an area used for thedisposal of radioactive waste and removes from the disposal area any of thatwaste, or without prior written authorization from the State Health Officerremoves from the disposal area for his own personal use any machinery orequipment belonging to the operator of the area and used within the area wherethe waste is buried, shall be punished by imprisonment in the county jail fornot more than 1 year, or by a fine of not more than $10,000, or by both fineand imprisonment.
2. If a person who violates this section is employedby the operator of the disposal area, the operator may be assessed anadministrative penalty of not more than $10,000, in addition to any otherpenalty provided by law.
(Added to NRS by 1981, 231)
NRS
1. Uses, manufactures, produces, or knowinglytransports, transfers, receives, acquires, owns or possesses any source ofionizing radiation which has not been licensed or registered in accordance withthe provisions of NRS 459.010 to
2. Violates any of the provisions of
(Added to NRS by 1963, 581; A 1979, 971)(Substitutedin revision for NRS 459.160)
REGULATION OF MILLS AND BY-PRODUCTS
NRS
1. Assure that every reasonable effort is made toprovide for the stabilization, disposal and control of such tailings in a safeand environmentally sound manner.
2. Minimize or prevent the diffusion of radon andother environmental hazards from such tailings.
3. Reduce to the greatest extent practicable the needfor long-term treatment and surveillance of such tailings.
(Added to NRS by 1981, 901)
NRS
1. The State Board of Health may establish byregulation:
(a) Fees for licensing, monitoring, inspecting orotherwise regulating mills or other operations for the concentration, recoveryor refining of uranium, which must be in amounts which are reasonably relatedto the cost of licensing, monitoring, inspecting and regulating. Payment of thefees is the responsibility of the person applying for a license or licenses toengage in uranium concentration, recovery or refining.
(b) Fees for the care and maintenance of radioactivetailings and residues at inactive uranium concentration, recovery or refiningsites. The fees must be based on a unit fee for each pound of uranium oxideproduced in the process which also produced the tailings or residue. Payment ofthe fees is the responsibility of the person licensed to engage in uraniumconcentration, recovery or refining. The regulations must provide for a maximumamount to be paid for each operation.
(c) A requirement for persons licensed by the State toengage in uranium concentration, recovery or refining to post adequate bonds orother security to cover costs of decontaminating, decommissioning andreclaiming the sites used for concentrating, recovering or refining uranium ifthe licensee abandons the site or neglects or refuses to satisfy therequirements of the State. The State Board of Health shall determine the amountof the security. The amount of the security may be reviewed by the Board fromtime to time and may be increased or decreased as the board deems appropriate.The security must be administered by the Administrator of the Health Division,who shall use the security as required to protect the public health, safety andproperty.
2. The money received pursuant to paragraph (a) ofsubsection 1 must be deposited in the State Treasury for credit to the Fund forLicensing of Uranium Mills, which is hereby created as a special revenue fund,for the purpose of defraying the cost of licensing, monitoring, inspecting orotherwise regulating mills or other operations for the concentration, recoveryor refining of uranium. The money received pursuant to paragraph (b) ofsubsection 1 must be deposited in the State Treasury for credit to the Fund forCare of Uranium Tailings, which is hereby created as a special revenue fund,for the purpose of the care and maintenance of radioactive tailings andresidues accumulated at inactive uranium concentration, recovery or refiningsites to protect the public health, safety and property. All interest earned onthe deposit or investment of the money in the Fund for Care of Uranium Tailingsmust be credited to that Fund. The Administrator of the Health Division shalladminister both Funds. Claims against either Fund, approved by the State HealthOfficer, must be paid as other claims against the State are paid.
(Added to NRS by 1979, 969; A 1983, 837)
NRS
1. Hold a hearing.
2. Provide a written analysis of the effect of theactivity on the environment which must include:
(a) An assessment of the radiological andnonradiological effects on the public health;
(b) An assessment of any effect on any waterway andgroundwater;
(c) A summary of any alternatives to the activity beingconsidered; and
(d) A summary of the long-term effect of the activity.
(Added to NRS by 1981, 901; A 1995, 1588)
NRS
1. The licensee will comply with the standards fordecontamination, decommission and reclamation prescribed by the State Board ofHealth, which must be as stringent as those standards set by the U.S. NuclearRegulatory Commission, or its successor agency, for sites:
(a) At which ores were processed primarily for theircontent of uranium or thorium; and
(b) At which by-product material is deposited.
2. Ownership of any disposal site and the by-productmaterial which resulted from the licensed activity will, upon termination ofthe license and subject to the provisions of NRS459.340, be transferred to the United States or to the State of Nevada ifthe State of Nevada exercises the option to acquire them.
3. If ownership of the disposal site and theby-product material which resulted from the licensed activity is transferred tothe United States upon termination of the state license, the money collected bythe State from the licensee for long-term surveillance and maintenance of thesite must be paid to the United States.
(Added to NRS by 1981, 901)
NRS
1. Before the termination of activity licensed under
(a) Held in trust by the United States for any Indiantribe;
(b) Owned by an Indian tribe subject to a restrictionagainst alienation imposed by the United States; or
(c) Owned by the United States or by the State ofNevada which is used for the disposal of by-product material,
must betransferred to the United States or to the State of Nevada unless the NuclearRegulatory Commission or its successor agency determines, before the terminationof the activity, that transfer of title is not necessary to protect the publichealth, safety or welfare of the persons of the State or to minimize any dangerto life or property.
2. If title is transferred to the State of Nevada, theState Land Registrar shall assign the land for administration to the StateBoard of Health, which shall maintain the by-product material and land in sucha 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 beenplaced in its custody.
4. The transfer of title does not relieve any licenseeof liability for any fraudulent or negligent acts done before the transfer.
5. Except for costs of administration and the legalfees of the transferee, the by-product material and land transferred to the UnitedStates or to the State of Nevada must be transferred without cost to thetransferee.
(Added to NRS by 1981, 902)
NRS
(Added to NRS by 1981, 902)
NRS
(Added to NRS by 1981, 903)
NRS
(Added to NRS by 1981, 902)
REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES
General Provisions
NRS
1. Protect the health, safety and general welfare ofthe residents of this State from the effects of the improper handling ofhazardous chemicals or explosives at the point where:
(a) The chemicals are produced, used or stored in thisState; or
(b) The explosives are manufactured for sale in thisState;
2. Ensure that the employees of this State who arerequired to work with hazardous chemicals or explosives are guaranteed a safeand healthful working environment;
3. Protect the natural resources of this State bypreventing and mitigating accidental or unexpected releases of hazardouschemicals into the environment; and
4. Ensure the safe and adequate handling of:
(a) Hazardous chemicals that are produced, used, storedor handled in this State; and
(b) Explosives that are manufactured for sale in thisState.
(Added to NRS by 1991, 1994; A
NRS
(Added to NRS by 1991, 1994; A
NRS
(Added to NRS by 1991, 1994)
NRS
1. Highly hazardous substances are produced, used,stored or handled; or
2. Explosives are manufactured for sale.
(Added to NRS by 1991, 1994; A
NRS
1. Any activity that involves a highly hazardoussubstance or explosive, including, without limitation, the use, storage,manufacture, handling or on-site movement, or any combination thereof of thesubstance or explosive.
2. A group of vessels that are used in connection withsuch an activity, including vessels that are:
(a) Interconnected; or
(b) Separate, but located in such a manner that ahighly hazardous substance or explosive could potentially be released,including, without limitation, the release, fire or explosion in one vesselthat could cause a release, fire or explosion in another vessel.
3. As used in this section:
(a) Explosive means any material designated assubject to regulation as an explosive pursuant to
(b) Highly hazardous substance means a substancedesignated as highly hazardous pursuant to NRS459.3816.
(Added to NRS by
NRS
(Added to NRS by
NRS
1. Except as otherwise provided in this section and
(a) That is constructing or operating a process whichinvolves a highly hazardous substance in a quantity:
(1) Equal to or greater than the amountdesignated pursuant to NRS 459.3816; or
(2) Less than the amount designated pursuant to
(I) The release of the highly hazardoussubstances is reportable pursuant to 40 C.F.R. Part 302; or
(II) Each quantity released is equal to orgreater than a maximum quantity allowable as established by regulation of theState Environmental Commission; or
(b) Where explosives are manufactured for sale.
2. The owner or operator of a facility that isconstructing or operating a process described in subsection 1 shall ensure thateach process constructed or operated by the facility complies with theprovisions of NRS 459.380 to
3. A facility described in subparagraph (2) ofparagraph (a) of subsection 1 is exempt from the provisions of
(a) The Division determines that the owner or operatorof the facility has complied with such provisions of
(b) The owner or operator of the facility obtains anexemption from the State Environmental Commission. The State EnvironmentalCommission shall adopt by regulation the procedures for obtaining such anexemption.
4. As used in this section:
(a) Explosive means any material designated assubject to regulation as an explosive pursuant to
(b) Highly hazardous substance means a substancedesignated as highly hazardous pursuant to NRS459.3816.
(Added to NRS by 1997, 1396; A
NRS
1. The transportation of any hazardous substanceswithin or through this State which is regulated by the State or the UnitedStates Department of Transportation.
2. Any final use of anhydrous ammonia for anagricultural purpose, including storage of the substance on the premises of afarm.
3. Activities which are regulated pursuant to both 30U.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
1. The StateEnvironmental Commission shall adopt regulations:
(a) Designatinga list of highly hazardous substances, including, without limitation, anychemical, the release of which into the environment or the involvement of whichin a fire or explosion would produce a significant likelihood that persons exposedwould suffer death or substantial bodily harm as a consequence of the exposure;and
(b) Designatingfor each such substance a quantity which requires the regulation of thatsubstance pursuant to NRS 459.380 to
2. TheDivision shall regularly examine sources of information available to it,including, without limitation, studies, guidelines and regulations of theFederal Government and the provisions set forth in 29 U.S.C. 655 and 42U.S.C. 7412(r), and may propose that the State Environmental Commission addor delete a substance or otherwise amend the list of substances and quantitiesadopted pursuant to subsection 1.
3. The StateEnvironmental Commission shall adopt regulations designating specific materialsthat are subject to regulation as explosives pursuant to
4. The Division shall regularly examine sources ofinformation available to it, including, without limitation, studies, guidelinesand regulations of the Federal Government and the provisions set forth in 18U.S.C. 841, et seq., and shall consult with the Division of IndustrialRelations of the Department of Business and Industry to determine materialsthat should be regulated as explosives. The Division may propose that the StateEnvironmental Commission add or delete a material or otherwise amend the listof materials adopted pursuant to subsection 3.
(Added to NRS by 1991, 1995; A 1993, 590, 1630; 1997,1398; 1999, 1116,1212;
NRS
1. In addition to the regulations required to beadopted pursuant to NRS 459.380 to
(a) Specifications for the applicability of theprovisions of NRS 459.380 to
(b) The establishment of a program for the preventionof accidental releases of chemicals that satisfies the provisions of thechemical process safety standard set forth pursuant to 29 U.S.C. 655;
(c) Provisions necessary to enable the Division toadminister and enforce the provisions of NRS459.380 to 459.3874, inclusive, andany regulations adopted pursuant thereto;
(d) Requirements for the registration of a facilitywith the Division; and
(e) Provisions to ensure that the public is involved inthe process of evaluating proposed regulatory actions that may affect thepublic.
2. The Division shall:
(a) Administer and enforce the provisions of
(b) Make every effort to involve advisory councils onhazardous materials, where they exist, the governing bodies of localgovernments and other interested persons in explaining actions taken pursuantto those sections and the regulations adopted pursuant thereto.
3. The State Environmental Commission must apply theprovisions of NRS 459.380 to
4. As used in this section, liquefied petroleum gashas the meaning ascribed to it in NRS590.475.
(Added to NRS by 1991, 1998; A
NRS
1. The Division shall enter into cooperativeagreements with state and local agencies to provide inspections of facilitieswhere explosives are manufactured, or where an explosive is used, processed,handled, moved on site or stored in relation to its manufacture. The Divisionshall schedule the inspections in such a manner as to provide an opportunityfor participation by:
(a) A representative of the fire-fighting agency thatexercises jurisdiction over the facility;
(b) A representative of the law enforcement agency thatexercises jurisdiction over the facility; and
(c) Representatives of the Division and any other stateagency responsible for minimizing risks to persons and property posed by suchfacilities.
2. The owner or operator of such a facility shall makethe facility available for the inspections required by this section at suchtimes as are designated by the Division.
3. Any inspection of a facility conducted pursuant tothis section is in addition to, and not in lieu of, any other inspection of thefacility required or authorized by state statute or regulation, or localordinance.
4. Notwithstanding any provision of this section tothe contrary, the provisions of this section do not apply to the miningindustry.
(Added to NRS by
NRS
1. The Division may investigate an accident occurringin connection with a process that involves one or more highly hazardoussubstances or explosives at a facility which results in an uncontrolledemission, fire or explosion and which presented an imminent and substantialdanger to the health of the employees of the facility, the public health or theenvironment, to determine the cause of the accident if the owner or operator ofthe facility:
(a) Is unwilling to commence and has not commenced aninvestigation in a timely manner; or
(b) Is not capable of and has not retained expertisecapable of conducting an investigation.
2. If the Division chooses to conduct such aninvestigation, the owner or operator of the facility shall, in a mannerconsistent with the safety of the employees of the Division and the facility,and without placing an undue burden on the operation of the facility, cooperatewith the Division by:
(a) Allowing the Division:
(1) To investigate the accident site anddirectly related facilities, including, without limitation, control rooms;
(2) To examine physical evidence; and
(3) If practicable, to inspect equipment bothexternally and internally;
(b) Providing the Division with pertinent documents;and
(c) Allowing the Division to conduct independentinterviews of the employees of the facility, subject to all rights of thefacility and the employees to be represented by legal counsel, managementrepresentatives and union representatives during the interviews.
3. To the maximum extent feasible, the Division shallcoordinate any investigation it conducts pursuant to this section withinvestigations conducted by other agencies with jurisdiction over the facilityto minimize any adverse impact on the facility and its employees.
4. The Division may contract for the services of atechnical expert in conducting an investigation pursuant to this section andmay recover its costs for such services from the owner or operator of thefacility.
5. If an investigation is conducted by the Divisionpursuant to this section, all costs incurred by the Division in conducting theinvestigation, including, without limitation, the costs of services providedpursuant to subsection 4, may be recovered by the Division from the owner oroperator of the facility at which the accident occurred.
6. The State Environmental Commission may adoptregulations setting forth the procedures governing an investigation conductedby the Division pursuant to this section and the procedures for the recovery bythe Division of all costs incurred by the Division in conducting theinvestigation.
(Added to NRS by
NRS
1. The Health Division of the Department of Health andHuman Services, the Division of Industrial Relations of the Department ofBusiness and Industry and any other governmental entity or agency of the Stateresponsible for minimizing risks to persons and property posed by facilitiesand hazardous substances shall submit to the Division of EnvironmentalProtection such reports as the Division deems necessary to carry out theprovisions of NRS 459.380 to
2. The State Environmental Commission shall adopt byregulation common reporting forms to be used by such governmental entities andagencies when reporting information related to hazardous substances andfacilities.
3. The Division shall review the rules, regulations,standards, codes and safety orders of other governmental entities and agenciesof the State responsible for minimizing risks to persons and property posed byfacilities and hazardous substances to ensure that they are sufficient to carryout the provisions of NRS 459.380 to
4. If the Division and any other governmental entityor agency of the State have coexisting jurisdiction over the regulation offacilities or hazardous substances located at such facilities, the Division hasthe final authority to take such actions as are necessary to carry out theprovisions of NRS 459.380 to
(Added to NRS by 1991, 1998; A 1993, 594, 1634;
NRS
1. The owneror operator of a facility shall, upon request, submit any records, reports orother information to the Division that the Division deems necessary toadminister and enforce the provisions of NRS459.380 to 459.3874, inclusive, andany regulations adopted pursuant thereto.
2. Except as otherwise provided in this section, anyrecords, reports or other information obtained pursuant to
3. TheDivision shall protect the confidentiality of any information obtained by theDivision, including, without limitation, any information obtained through an observationmade by the Division during a visit to a facility if:
(a) The owneror operator of the facility from which the information was obtained or whichwas visited requests such protection; and
(b) Theinformation satisfies the conditions for protection as a trade secret pursuantto subsection 4.
4. Informationis entitled to protection as a trade secret under this section only if:
(a) Theinformation has not been disclosed to any other person, other than a member ofa local emergency planning committee, an officer or employee of the UnitedStates or a state or local government, an employee of such a person, or a personwho is bound by an agreement of confidentiality, and the owner or operator ofthe facility has taken reasonable measures to protect the confidentiality ofthe information and intends to continue to take such measures;
(b) Theinformation is not required to be disclosed, or otherwise made available, tothe public under any other federal or state law;
(c) Disclosureof the information is likely to cause substantial harm to the competitiveposition of the owner or operator of the facility; and
(d) Thechemical identity of a substance, if that is the information, is not readilydiscoverable through analysis of the product containing it or scientificknowledge of how such a product must be made.
5. The StateEnvironmental Commission shall adopt regulations for the protection of theconfidentiality of information entitled to protection as a trade secret pursuantto this section.
6. The person requesting the copy or copies of thepublic records, shall tender or pay to the Division such fee as may beprescribed for the service of copying.
(Added to NRS by 1991, 2008; A
NRS
1. The owner or operator of a facility shall pay tothe Division an annual fee based on the fiscal year. The annual fee for eachfacility is the sum of a base fee set by the State Environmental Commission andany additional fee imposed by the Commission pursuant to subsection 2. Theannual fee must be prorated and may not be refunded.
2. The State Environmental Commission may impose anadditional fee upon the owner or operator of a facility in an amount determinedby the Commission to be necessary to enable the Division to carry out itsduties pursuant to NRS 459.380 to
3. After the payment of the initial annual fee, theDivision shall send the owner or operator of a facility a bill in July for theannual fee for the fiscal year then beginning which is based on the applicablereports for the preceding year.
4. The StateEnvironmental Commission may modify the amount of the annual fee requiredpursuant to this section and the timing for payment of the annual fee:
(a) To includeconsideration of any fee paid to the Division for a permit to construct a newprocess or commence operation of a new process pursuant to
(b) If anyregulations adopted pursuant to NRS 459.380to 459.3874, inclusive, require such amodification.
5. The owner or operator of a facility shall submit,with any payment required by this section, the business license number assignedby the Department of Taxation upon compliance by the owner with
6. All fees fines, penalties and other money collectedpursuant to NRS 459.380 to
(Added to NRS by 1991, 1999; A 1993, 907;
NRS
1. No owner or operator of a facility may commenceconstruction or operation of any new process that will be subject to regulationpursuant to NRS 459.380 to
2. An application for such a permit must be submittedon a form prescribed by the Division of Environmental Protection.
3. The State Environmental Commission shall adoptregulations establishing the requirements for the issuance of a permit pursuantto this section. An applicant shall comply with requirements that the StateEnvironmental Commission establishes by regulation for the issuance of a permitbefore the applicant may receive a permit from the Division for theconstruction and operation of the process.
4. The Division may charge and collect a fee for theissuance of such a permit.
(Added to NRS by
NRS
1. The StateEnvironmental Commission shall adopt regulations setting forth:
(a) Therecords, reports and information submitted to the Division which must contain acertification; and
(b) Therequirements of such certifications.
2. Each certification must be signed by the soleproprietor of the facility, the highest ranking corporate officer or partner atthe facility, the manager of the facility, or a person designated by any one ofthose persons to sign the certification.
(Added to NRS by 1991, 2001; A
NRS
1. The State Department of Conservation and NaturalResources may, in accordance with the authority granted to it pursuant to
2. The State Environmental Commission may adoptregulations necessary to establish and carry out such a program.
(Added to NRS by 1997, 1397; A
NRS
1. A person shall not knowingly:
(a) Violate any provision of
(b) Make any false material statement, representationor certification in any required form, notice or report; or
(c) Render inaccurate any required monitoring device ormethod.
2. Except as otherwise provided in subsection 3, aperson 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 continuesconstitutes a separate and distinct violation.
3. A person who violates subsection 1 in a manner thatcontributes to the substantial bodily harm or death of any person is guilty ofa category D felony and shall be punished as provided in
(Added to NRS by 1997, 1398; A
Committee to Oversee the Management of Risks
NRS
(Added to NRS by 1991, 2006)
NRS
1. When there is an accident which poses a significantdanger to public health and safety, or a near accident of this nature, in afacility or a group of facilities, or when the Governor declares that acommittee to oversee the management of risks in a facility, or group offacilities, would be in the best interests of the public health and safety, theGovernor shall create such a committee for the facility or group of facilitieswhich may represent a catastrophic threat to public health and safety.
2. To the extent practicable, the Governor shallappoint the members of the committee from the membership of the State EmergencyResponse Commission.
3. The Governor shall appoint to the committee atleast three persons who represent the facility or group of facilities which mayrepresent a catastrophic threat to public health and safety.
4. The Governor shall appoint the chairman and mayappoint a cochairman of the committee from among the members.
5. The Division shall provide to the committeenecessary resources such as clerical assistance and funding sufficient for thecommittee to perform its duties.
(Added to NRS by 1991, 2006)
NRS
1. After giving reasonable notice to the facility itoversees and after making arrangements to ensure that the normal operations ofthe facility will not be disrupted, a committee is entitled to receive from thefacility such records and documents as the committee demonstrates are requiredto carry out its duties. The committee is entitled to receive only thoserecords and documents which cannot be obtained from the Division.
2. A committee is entitled to receive from anygovernmental entity or agency records, documents and other materials relevantto the committees review and evaluation of the facility to carry out itsduties.
3. In carrying out its duties, a committee and theAttorney General may, by subpoena, require the attendance and testimony ofwitnesses and the production of reports, papers, documents and other evidencewhich they deem necessary. Before obtaining such a subpoena, the committee orthe Attorney General shall request the attendance of the witness or theproduction of the reports, papers, documents or other evidence. If the personto 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 obtainthe subpoena requiring him to do so.
4. In carrying out its duties, a committee may makeinformal inquiry of persons or entities with knowledge relevant to thecommittees review and evaluation of the facility it oversees. Any committeewhich makes such informal inquiries shall advise the facility of thoseinquiries and of the results of the inquiries.
5. If the owner or operator of a facility claims thatthe disclosure of information to a committee will reveal a trade secret orconfidential information, the owner or operator must specifically identify suchinformation as confidential. When such an identification has been made, the
6. A committee or its authorized representative may,to carry out its duties, enter and inspect the facility overseen, its recordsand other relevant materials. Before such an inspection is made, the committeeshall provide reasonable notice to the facility. The inspection must beconducted in such a manner as to ensure that the operations of the facilitywill not be disrupted.
7. The Attorney General is counsel and attorney toeach committee for the purposes of carrying out its duties and powers.
8. The members of a committee may make public commentwith regard to their review and evaluation of the facility it oversees. Atleast 24 hours before making any formal comment, the committee shall advise thefacility of its intention to do so and provide the facility with a summary ofthe comments that will be made.
9. A committee may review and make recommendations tothe reviewing authority as to any applications for permits to construct,substantially alter or operate submitted by a facility which has been thesubject of the committees review and evaluation.
(Added to NRS by 1991, 2007; A
1. A committee shall conduct a comprehensive reviewand evaluation of the following with respect to each facility within itsjurisdiction:
(a) The degree of compliance with
(b) The effectiveness of the respective governmentalentities and their agencies enforcement of their respective rules,regulations, standards, codes and safety orders; and
(c) The adequacy and effectiveness of the plans forresponse to emergencies adopted for the area in which the facility is locatedin responding to risks posed to the persons and property located within thezone of risk.
2. A committee shall exercise its best efforts tofacilitate cooperation among the various governmental entities and agenciesresponsible for minimizing risks to persons and property posed by the facilitywithin its jurisdiction and the effective enforcement of the variousgovernmental entities and agencies rules, regulations, standards, codes andsafety orders. A committee shall cooperate to the extent necessary with othercommittees and governmental agencies to minimize the duplication of records,reports or other information.
3. A committee shall issue a final report of itscomprehensive review and evaluation together with any recommendations. Acommittee shall make such interim reports as it or the Governor may deem in thepublic interest. The Division shall distribute the reports to the Governor,members of the committee, local governments within the zone of risk, thevarious governmental agencies whose rules, regulations, standards, codes orsafety orders were the subject of the committees review and evaluation, andthe local media. Copies of the final written report must be made available tothe public for purchase at cost of reproduction. All interim reports must bedistributed forthwith in the same manner as annual written reports.
(Added to NRS by 1991, 2007; A 1993, 595, 1634)
Enforcement and Penalties
NRS
1. The Division may enter any facility:
(a) During normal business hours; and
(b) At any other time if there is probable cause tobelieve that a violation of any of the provisions of
to verifycompliance with the provisions of NRS459.380 to 459.3874, inclusive, anyregulation adopted pursuant thereto and the quality of all work performed pursuantto those sections, except that the owner or operator of a facility need notemploy any personnel solely to assure access to the facility by the Divisionwhen this access would otherwise be impossible.
2. The State Environmental Commission shall adoptregulations 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 anyperson is engaging, is about to engage or has engaged in an act or practicethat violates any provision of NRS 459.380to 459.3874, inclusive, any regulationadopted pursuant thereto, or any term or condition of a permit issued by theDivision pursuant to NRS 459.380 to
(a) Specifying the provision, regulation, term orcondition that is alleged to have been violated or which is about to beviolated;
(b) Setting forth the facts alleged to constitute theviolation;
(c) Prescribing any corrective action that must betaken and a reasonable time within which that action must be taken; and
(d) Requiring the person to whom the order is directedto appear before the Administrator or a hearing officer to show cause why theDivision should not commence an action for appropriate relief.
4. If the Administrator finds that the handling of ahighly hazardous substance or explosive at a facility presents an imminent andsubstantial threat to human health or the environment, the Administrator may,after the Division has inspected the site and after the Administrator has had aconsultation with the owner or operator of the facility and the owner oroperator fails to correct the threat, issue an order requiring the owner oroperator of the facility to take necessary steps to prevent the act oreliminate the practice that constitutes the threat.
(Added to NRS by 1991, 1998; A
NRS
1. If any person violates any of the provisions of
2. Except as otherwise provided in
(Added to NRS by 1991, 2008; A 1997, 1081;
NRS
1. The civil administrative penalties are:
Category of Offense Penaltyin U.S. Dollars
A. Failure toregister a new or existing facility:..................... $25,000 plus $2,000per day
fromthe due date
B. Failure topay the fee required pursuant to NRS459.3824:........ 75 percent of the fee
C. Failure toprovide information requested by the Division:............................... $25,000
D. Failure togrant access to employees or agents of the Division for inspections: $25,000
E. Failure toprovide information or grant access to employees or agents of the Divisionduring an emergency:......................................................................................................... $50,000
F. Falsificationof information submitted to the Division:..... up to $10,000 per incident
G. Failure toobtain a permit for the construction of a new facility:..................... $25,000
H. Failure tocomply with a regulation adopted pursuant to NRS459.380 to 459.3874, inclusive,other than a regulation for which a civil administrative penalty is set forthin category A to G, inclusive: .$10,000 per incident
The civil administrative penalty prescribed in category H maybe assessed for each regulatory provision that is violated. The civiladministrative penalty prescribed in category G may be assessed against acontractor who is constructing the facility only if the contractor iscontractually responsible for obtaining all appropriate permits for theconstruction of the facility and the contractor knows or has reason to know theplanned use of the facility.
2. The Division may compromise and settle any claimfor any penalty as set forth in this section in such amount in the discretionof the Division as may appear appropriate and equitable under all of thecircumstances, including the posting of a performance bond by the violator. Ifa violator is subject to the imposition of more than one civil administrativepenalty for the same violation, the Division shall compromise and settle theclaim for the penalty as set forth in this section in such amount as to avoidthe duplication of penalties.
3. No penalty may be imposed pursuant to this sectionfor the failure to perform a required act within the time required if the delaywas caused by a natural disaster or other circumstances which are beyond thecontrol of the violator.
4. Any person who violates any of the provisions of
(Added to NRS by 1991, 2009; A
DISPOSAL OF HAZARDOUS WASTE
NRS
1. Protect human health, public safety and theenvironment from the effects of improper, inadequate or unsound management ofhazardous 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 hazardouswaste.
(Added to NRS by 1981, 880)(Substituted in revisionfor NRS 444.700)
NRS
(Added to NRS by 1981, 880; A 1989, 1489; 1991, 842,857, 1936; 1999, 1120;2003, 2114)
NRS
(Added to NRS by 1981, 880)(Substituted in revisionfor NRS 444.704)
NRS
(Added to NRS by 1981, 880)(Substituted in revisionfor NRS 444.706)
NRS
(Added to NRS by 1981, 880)(Substituted in revisionfor NRS 444.708)
NRS
(Added to NRS by 1981, 880)(Substituted in revisionfor NRS 444.710)
NRS
(Added to NRS by 1989, 1488; A 1993, 847;
NRS
(Added to NRS by 1991, 857)
NRS
1. Because of its quantity or concentration or itsphysical, chemical or infectious characteristics may:
(a) Cause or significantly contribute to an increase inmortality or serious irreversible or incapacitating illness; or
(b) Pose a substantial hazard or potential hazard tohuman health, public safety or the environment when it is given impropertreatment, storage, transportation, disposal or other management.
2. Is identified as hazardous by the Department as aresult of studies undertaken for the purpose of identifying hazardous wastes.
The termincludes, among other wastes, toxins, corrosives, flammable materials,irritants, strong sensitizers and materials which generate pressure bydecomposition, heat or otherwise.
(Added to NRS by 1981, 880; A
NRS
(Added to NRS by
NRS
(Added to NRS by 1981, 881)(Substituted in revisionfor NRS 444.714)
NRS
(Added to NRS by 1981, 881)(Substituted in revisionfor NRS 444.716)
NRS
(Added to NRS by 1981, 881; A 1985, 516)(Substitutedin revision for NRS 444.718)
NRS
1. Any petroleum substance or chemical regulated bythe Federal Resource Conservation and Recovery Act of 1976, 42 U.S.C. 6901et seq., that is contained in a storage tank, except that the term does notinclude any substance subject to regulation under Subtitle C of that act ashazardous waste; and
2. Any petroleum, including crude oil or any fractionthereof that is liquid at standard condition of temperature and pressure, 60degrees Fahrenheit and 14.7 pounds per square inch absolute. The term includes,but is not limited to, petroleum and petroleum-based substances comprised of acomplex blend of hydrocarbons derived from crude oil through processes ofseparation, conversion, upgrading and finishing, such as motor fuels, jetfuels, distillate fuel oils, residual fuel oils, lubricants, solvents and usedoils.
(Added to NRS by 1989, 1489)
NRS
(Added to NRS by 1981, 881)(Substituted in revisionfor NRS 444.720)
NRS
(Added to NRS by 1981, 881)(Substituted in revisionfor NRS 444.722)
NRS
1. NRS 459.400to 459.600, inclusive, do not apply toany activity or substance which is subject to control pursuant to
2. The Director shall administer
(Added to NRS by 1981, 881; A
NRS
1. Fly ash, bottom ash, slag and waste removed fromflue gas from the combustion of coal or other fossil fuels;
2. Solid waste from extraction, beneficiation andprocessing of ores and minerals, including phosphate rock and overburden fromthe mining of uranium ore;
3. Dust from cement kilns; and
4. Drilling fluids and other wastes produced byexploration, development or production of oil, gas or geothermal energy.
(Added to NRS by 1981, 882; A
NRS
1. The Department is hereby designated to act as thestate agency for the purposes of federal laws and regulations on hazardouswaste, except that the Commission has the exclusive power to adopt regulationspursuant to NRS 459.400 to
2. The Department may take any action necessary andappropriate to secure the benefits of any federal law relating to hazardouswaste.
(Added to NRS by 1981, 883)(Substituted in revisionfor NRS 444.728)
NRS
1. Except as otherwise provided in
2. Develop and publish a plan of management ofhazardous waste in this State, including among other things, descriptions of:
(a) Sources of hazardous waste, including informationon the types and quantities of the waste;
(b) Current practices and costs in the management ofhazardous waste, including treatment, storage and disposal; and
(c) The hazards associated with the use by a consumerof a commercial product in a manner contrary to the directions for use,cautions or warnings appearing on the label of the product, if the Departmentdetermines that such a description is necessary; and
3. Cooperate with other states to bring about improvedmanagement of hazardous waste, encourage the enactment of uniform state lawsrelating to hazardous waste, and develop compacts between this and other stateswhich are designed to provide for improved management of hazardous waste.
(Added to NRS by 1981, 883; A
NRS
(Added to NRS by 1981, 883)(Substituted in revisionfor NRS 444.732)
NRS
1. Adopt regulations governing systems of hazardouswaste management, including the plan for management of hazardous waste in theentire State; and
2. Through the Department:
(a) Advise, consult and cooperate with other agenciesof the State, other states, the Federal Government, municipalities and otherpersons on matters relating to formulation of plans for managing hazardouswaste.
(b) Develop a plan for management of hazardous waste inthe entire State.
(c) Develop a program to encourage the minimization ofhazardous waste and the recycling or reuse of hazardous waste by persons whogenerate hazardous waste within Nevada. The program may include grants or otherfinancial incentives.
(Added to NRS by 1981, 881; A 1991, 842)
NRS
1. Set out mechanisms for determining whether anywaste is hazardous;
2. Govern combinations of wastes which are notcompatible and may not be stored, treated or disposed of together;
3. Govern generation, storage, treatment and disposalof hazardous waste;
4. Govern operation and maintenance of facilities forthe treatment, storage and disposal of hazardous waste, including thequalifications and requirements for ownership, continuity of operation, closureand care after closing;
5. Provide standards for location, design andconstruction of facilities for treatment, storage and disposal of hazardouswaste;
6. Except as otherwise provided in
7. Provide procedures and requirements for the use ofa manifest for each shipment of hazardous waste. The procedures andrequirements must be applied equally to those persons who transport hazardouswaste generated by others and those who transport hazardous waste which theyhave generated themselves; and
8. Take into account climatic and geologic variationsand other factors relevant to the management of hazardous waste.
(Added to NRS by 1981, 882; A 1987, 1755; 1993, 847)
NRS
1. Except as otherwise provided in
(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 consultantsinvolved in consultation regarding the response to and the clean up of leaks ofhazardous waste, hazardous material or a regulated substance from undergroundstorage tanks, the clean up of spills of or accidents involving hazardouswaste, hazardous material or a regulated substance, or the management of hazardouswaste;
(3) That a person employed full time by abusiness to act as such a consultant is exempt from the requirements ofcertification if the person:
(I) Meets the applicable requirements of29 C.F.R. 1910.120 to manage such waste, materials or substances; and
(II) Is acting in the course of thatfull-time employment; and
(4) For the certification of laboratories thatperform analyses for the purposes of NRS459.400 to 459.600, inclusive,
(b) Regulations of the Commission may:
(1) Provide for the licensing and othernecessary regulation of generators, including shippers and brokers, who causethat waste to be transported into or through Nevada or for disposal in Nevada;
(2) Require that the person responsible for aspill, leak or accident involving hazardous waste, hazardous material or aregulated substance, obtain advice on the proper handling of the spill, leak oraccident from a consultant certified under the regulations adopted pursuant toparagraph (a); and
(3) Establish standards relating to theeducation, experience, performance and financial responsibility required forthe certification of consultants.
2. The regulations may include provisions for:
(a) Fees to pay the cost of inspection, certificationand other regulation, excluding any activities conducted pursuant to
(b) Administrative penalties of not more than $2,500per violation or $10,000 per shipment for violations by persons licensed by theDepartment, and the criminal prosecution of violations of its regulations bypersons who are not licensed by the Department.
3. Designated employees of the Department and theNevada Highway Patrol Division shall enforce the regulations of the Commissionrelating to the transport and handling of hazardous waste and the leakage orspill of that waste from packages.
(Added to NRS by 1981, 882; A 1985, 1990; 1987, 1755;1989, 1489; 1993, 847; 1997, 2002;
NRS
1. Except as otherwise provided in subsection 2, anyanalysis performed to detect the presence of hazardous waste or a regulatedsubstance in soil or water as required for the purposes of
2. The provisions of subsection 1 do not apply to ananalysis of waste that is managed by a facility for the management of hazardouswaste.
(Added to NRS by
NRS
(Added to NRS by
NRS
1. The Director may enter into agreements relating tostate land for the purpose of providing areas to dispose of hazardous waste andfor related purposes.
2. No agreement may extend for more than 99 years.
3. All land used as provided in subsection 1 must beclosed to the public, in a manner which the Director shall prescribe, duringthe term of the lease or agreement and thereafter until all danger to publichealth arising from that use no longer exists.
4. Regulations adopted by the Commission for thecontrol of disposal sites immediately become part of each agreement enteredinto pursuant to subsection 1.
(Added to NRS by 1981, 887)(Substituted in revisionfor NRS 444.742)
NRS
1. License fees and any other fees for the use ofstate-owned disposal areas for hazardous wastes, in an amount sufficient todefray all costs of monitoring, securing or otherwise regulating the storage ordisposal of hazardous wastes. The fee for use of a disposal area must not beless than 25 cents per cubic foot of material placed in the area. The personwho contracts with the State for the use of a disposal area is responsible for thepayment of these fees. The Commission may authorize the Department to waive allor 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 cleanup a spill or deposit.
2. Procedures for the collection of interest ondelinquent fees and other accounts for the use of disposal areas.
3. Penalties of no more than $3,000 per day for eachseparate failure to comply with a license or agreement or $25,000 for any30-day period for all failures to comply.
(Added to NRS by 1981, 887; A 1991, 843)
NRS
1. The owner or operator of a facility for themanagement of hazardous waste shall, in addition to any other applicable fees,pay to the Department to offset partially the cost incurred by the State FireMarshal for training emergency personnel who respond to the scene of accidentsinvolving hazardous materials a fee of $4.50 per ton of the volume received forthe disposal of hazardous waste by the facility.
2. The owner or operator of a facility for the managementof hazardous waste shall, in addition to any other applicable fees, pay to theDepartment to offset partially the cost incurred by the Public UtilitiesCommission of Nevada for inspecting and otherwise ensuring the safety of anyshipment of hazardous materials transported by rail car through or within thisState a fee of $1.50 per ton of the volume received for the disposal ofhazardous waste by the facility.
3. The operator of such a facility shall pay the feesprovided in this section, based upon the volume of hazardous waste received bythe facility during each quarter of the calendar year, within 30 days after theend of each quarter. The Department may assess and collect a penalty of 2percent of the unpaid balance for each month, or portion thereof, that the feeremains due.
(Added to NRS by 1991, 842; A 1997, 2003)
NRS
1. It is unlawful for any person to:
(a) Construct, substantially alter or operate anyfacility for the treatment, storage or disposal of hazardous waste; or
(b) Treat, store or dispose of any hazardous waste,
unless hehas first obtained a permit from the Department to do so.
2. A person who:
(a) Conducts an activity for which a permit is requiredpursuant to this section, and is doing so on the effective date of theregulations establishing procedures for the system of permits; and
(b) Has made an application for a permit,
shall bedeemed to have been issued a permit until his application has been acted upon,unless a delay in that action was caused by his failure to furnish informationwhich was reasonably requested or required for the processing of theapplication.
3. The Commission may require a person who is conductingan activity pursuant to subsection 2 to comply with requirements which it hasspecified by regulation before a permit is issued.
(Added to NRS by 1981, 883)(Substituted in revisionfor NRS 444.746)
NRS
1. The Commission shall adopt regulations for thegranting, renewal, modification, suspension, revocation and denial of permits.
2. If the local government within whose territory afacility for the treatment, storage or disposal of hazardous waste is to be locatedrequires that a special use permit or other authorization be obtained for sucha facility or activity, the application to the Department for a permit tooperate such a facility must show that local authorization has been obtained.This requirement does not apply to an application for a permit to construct autility facility that is subject to the provisions of
3. Permits may contain terms and conditions which theDepartment considers necessary and which conform to the provisions ofregulations adopted by the Commission.
4. Permits may be issued for any period of not morethan 5 years.
5. A permit may not be granted or renewed if theDirector determines that granting or renewing the permit is inconsistent withany regulation of the Commission relating to hazardous waste or with the planfor management of hazardous waste developed pursuant to
6. The Department may suspend or revoke a permitpursuant to the Commissions regulations if the holder of the permit fails orrefuses to comply with the terms of the permit or a regulation of theCommission relating to hazardous waste.
7. A permit may not be granted, renewed or modifiedfor a facility for the disposal of hazardous waste that proposes to constructor operate a landfill unless the Director determines that the landfill is orwill be constructed to include at least one liner and a leachate collection andremoval system designed to prevent the migration of waste or leachate to theadjacent subsurface soils, groundwater and surface water.
8. As used in this section:
(a) Landfill means a disposal facility or part of afacility where hazardous waste is placed in or on land and which is not a pile,a land-treatment facility, a surface impoundment, an underground-injectionwell, a salt-dome formation, a salt-bed formation, an underground mine or acave.
(b) Leachate means any liquid, including anysuspended components in the liquid, that has percolated through or drained froma landfill.
(c) Leachate collection and removal system means alayer of granular or synthetic materials installed above a liner and operatedin conjunction with drains, pipes, sumps and pumps or other means designed tocollect and remove leachate from a landfill.
(d) Liner means a continuous layer of man-madematerial installed beneath and on the sides of a landfill which restricts thedownward or lateral escape of hazardous waste, hazardous waste constituents orleachate, 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;
NRS
1. The Commission shall adopt regulations requiringthat the owner or operator of any facility for the treatment, storage ordisposal of hazardous waste show his financial responsibility for theundertaking by providing:
(a) Evidence that he has a policy of liabilityinsurance in an amount which the Department has determined is necessary for theprotection of human health, public safety and the environment;
(b) Evidence of security, in a form and amount whichthe Department deems necessary, to ensure that at the time of any abandonment,cessation or interruption of the service provided by the facility, andthereafter, all appropriate measures will be taken to prevent damage to humanhealth, public safety and the environment; and
(c) Any other evidence of financial responsibilitywhich the Commission finds necessary for those purposes.
2. Requirements established pursuant to this sectionmay not exceed those requirements for financial responsibility establishedpursuant to the Resource Conservation and Recovery Act of 1976, 42 U.S.C. 6901 et seq.
3. Any claim arising from conduct for which evidenceof financial responsibility is required may be asserted directly against theinsurer, guarantor, surety or other person providing such evidence if the owneror operator:
(a) Has filed a petition in bankruptcy, or is theobject of an involuntary petition;
(b) Cannot respond in damages in the event a judgmentis entered against him; or
(c) Is not subject to the personal jurisdiction of anycourt of this or any other state, or of the United States, or cannot, with duediligence, be served with process.
4. If a claim is asserted directly against a personproviding evidence of financial responsibility, that person may assert anyright or defense which:
(a) He might have asserted in any action against him bythe owner or operator; or
(b) The owner or operator might have asserted, had theclaim been made against him.
(Added to NRS by 1981, 884; A 1987, 1482)
NRS
1. All proceeds from agreements entered into pursuantto NRS 459.505, all application feescollected pursuant to NRS 459.634, allreimbursements and penalties recovered pursuant to
2. The State Treasurer shall account separately foreach of the fees collected pursuant to NRS459.512.
(Added to NRS by 1981, 884; A 1985, 904; 1991, 843,1771; 1993, 839; 1999,2695; 2003, 346)
NRS
1. Except as otherwise provided in
(a) The continuing observation or other management ofhazardous waste;
(b) Establishing and maintaining a program ofcertification of consultants involved in the clean up of leaks of hazardouswaste, hazardous material or a regulated substance from underground storage tanksor the clean up of spills of or accidents involving hazardous waste, hazardousmaterial or a regulated substance;
(c) Training persons to respond to accidents or otheremergencies related to hazardous materials, including any basic training by theState Fire Marshal which is necessary to prepare personnel for advancedtraining related to hazardous materials;
(d) Establishing and maintaining a program by thePublic Utilities Commission of Nevada to inspect and otherwise ensure thesafety of any shipment of hazardous materials transported by rail car throughor within the State; and
(e) Financial incentives and grants made in furtheranceof the program developed pursuant to paragraph (c) of subsection 2 of
2. Money in the Account for the Management ofHazardous Waste may be expended to provide matching money required as acondition of any federal grant for the purposes of
(Added to NRS by 1985, 903; A 1989, 775, 1490, 1491;1991, 843, 1772; 1993, 839; 1997, 2003)
NRS
1. If the person responsible for a leak or spill of oran accident involving hazardous waste, hazardous material or a regulatedsubstance does not act promptly and appropriately to clean and decontaminatethe affected area properly, and if his inaction presents an imminent andsubstantial hazard to human health, public safety or the environment, moneyfrom the Account for the Management of Hazardous Waste may be expended to paythe costs of:
(a) Responding to the leak, spill or accident;
(b) Coordinating the efforts of state, local andfederal agencies responding to the leak, spill or accident;
(c) Managing the cleaning and decontamination of anarea for the disposal of hazardous waste or the site of the leak, spill oraccident;
(d) Removing or contracting for the removal ofhazardous waste, hazardous material or a regulated substance which presents animminent danger to human health, public safety or the environment; or
(e) Services rendered in responding to the leak, spillor accident, by consultants certified pursuant to regulations adopted by theCommission.
2. Except as otherwise provided in this subsection or
3. At the request of the Director, the AttorneyGeneral shall initiate recovery by legal action of the amount of any unpaidreimbursement plus interest at a rate determined pursuant to
4. As used in this section:
(a) Does not act promptly and appropriately meansthat the person:
(1) Cannot be notified of the incident within 2hours after the initial attempt to contact him;
(2) Does not, within 2 hours after receivingnotification of the incident, make an oral or written commitment to clean anddecontaminate the affected area properly;
(3) Does not act upon the commitment within 24hours after making it;
(4) Does not clean and decontaminate theaffected area properly; or
(5) Does not act immediately to clean anddecontaminate the affected area properly, if his inaction presents an imminentand substantial hazard to human health, public safety or the environment.
(b) Responding means any efforts to mitigate, attemptto mitigate or assist in the mitigation of the effects of a leak or spill of oran accident involving hazardous waste, hazardous material or a regulatedsubstance, 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 bythe leak, spill or accident.
(3) Investigate the occurrence of the leak,spill or accident.
(Added to NRS by 1993, 837; A
NRS
(Added to NRS by 1981, 885)(Substituted in revisionfor NRS 444.756)
NRS
1. Except as otherwise provided in subsection 3, theCommission may by regulation adopt a procedure under which an applicant orholder of a permit may demonstrate that a standard he proposes would offerprotection of human health, public safety and the environment which isequivalent to a standard of the Commission.
2. Except as otherwise provided in subsection 3, theCommission may specify certain standards which may be considered forsubstitution pursuant to this section.
3. The Commission may not by regulation adopt aprocedure or specify a standard which would allow a facility for the disposalof hazardous waste to construct or operate a landfill in a manner that fails tocomply with the requirements of subsection 7 of
(Added to NRS by 1981, 885; A
NRS
1. Except as otherwise provided in subsection 4, theowner or operator of a facility for the treatment, storage or disposal ofhazardous waste or a person who wishes to construct such a facility may applyto the Commission for a variance from its applicable regulations. TheCommission 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 worstadverse conditions, does not or will not endanger or tend to endanger theenvironment and human health or safety; and
(b) Compliance with the regulations would produceserious hardship without equal or greater benefits to the environment orpublic.
2. The Commission shall not grant a variance unless ithas considered in the following order of priority the interests of:
(a) The public;
(b) Other owners of property likely to be affected bythe emissions or discharge; and
(c) The applicant.
3. The Commission may:
(a) Upon granting a variance, impose certain conditionsupon the applicant; or
(b) Revoke the variance if the applicant fails tocomply with those conditions.
4. The Commission shall not grant a variance from itsapplicable regulations that would allow a facility for the disposal ofhazardous waste to construct or operate a landfill in a manner that fails tocomply with the requirements of subsection 7 of
(Added to NRS by 1989, 1455; A
NRS
1. A variance may be renewed only under circumstancesand upon conditions which would justify its original granting.
2. An application for a renewal of a variance must bemade at least 60 days before the expiration of the variance. The Commissionshall give public notice of the application.
3. If a protest is filed with the Commission againstthe renewal, the Commission shall hold a public hearing and shall not renew thevariance unless it makes specific, written findings of fact which justify therenewal.
(Added to NRS by 1989, 1456)
NRS
1. The Commission may adopt regulations governingapplications for variances.
2. The regulations may include, but are not limitedto:
(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 arenecessary to cover the costs of reviewing and processing an application.
(Added to NRS by 1989, 1456)
NRS
(Added to NRS by 1989, 1456)
NRS
1. The Commission shall adopt regulations whichrequire licensees to keep records and submit reports on hazardous waste andwhich prescribe procedures for:
(a) Installing, calibrating, using and maintainingmonitoring 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 activityto the Department in accordance with regulations adopted by the Commission.
(Added to NRS by 1981, 885)(Substituted in revisionfor NRS 444.760)
NRS
1. Except as otherwise provided in this section,information which the Department obtains in the course of the performance ofits duties relating to hazardous waste is public information.
2. Any information which specifically relates to thetrade secrets of any person, including any processes, operations, style of workor apparatus, is confidential whenever it is established to the satisfaction ofthe Director that the information is entitled to protection as a trade secret.In determining whether the information is entitled to protection, the Directorshall consider, among other things, whether the disclosure of that informationwould tend to affect adversely the competitive position of the informationsowner.
3. Any information which is confidential undersubsection 2 may be disclosed to any officer, employee or authorizedrepresentative of this State or the United States if:
(a) He is engaged in carrying out the provisions of
(b) The information is relevant in any judicialproceeding or adversary administrative proceeding under
4. The Commission shall adopt regulations concerningthe availability of information which satisfy the criteria established by theFederal Government for delegation to the state of federal programs concerningthe management of, and the enforcement of laws relating to, hazardous waste.
(Added to NRS by 1981, 885; A 1983, 1121; 1985, 904;1991, 908)
NRS
1. The provisions of NRS459.560 and 459.565 that concernhazardous substances do not apply:
(a) In a county whose population is less than 50,000;
(b) To mining or agricultural activities; or
(c) To other facilities or locations where the quantityof any one hazardous substance at any one facility or location does not exceed1,000 kilograms at any time.
2. All other provisions of
(Added to NRS by 1991, 857; A
NRS
1. Enter any place where waste or a substance whichthe Department has reason to believe may be hazardous waste or a hazardoussubstance is or may have been generated, stored, transported, treated, disposedof or otherwise handled;
2. Inspect and obtain samples of any waste orsubstance which the Department has reason to believe may be hazardous waste ora hazardous substance, including samples from any vehicle in which waste orsubstance is being transported, and samples of containers and labels; and
3. Inspect and copy any records, reports, informationor test results relating to the management of hazardous wastes or hazardoussubstances.
(Added to NRS by 1981, 885; A 1991, 858)
NRS
1. If the Department receives information that thehandling, storage, transportation, treatment or disposal of any waste orhazardous substance may present an imminent and substantial hazard to humanhealth, public safety or the environment, it may:
(a) Issue an order directing the owner or operator ofthe facility for treatment, storage or disposal of the waste or the owner oroperator of any site where the treatment, storage or disposal of a hazardoussubstance has occurred or may occur or any other person who has custody of thewaste or hazardous substance to take necessary steps to prevent the act oreliminate the practice which constitutes the hazard.
(b) Order a site assessment to be conducted and aremediation plan to be developed pursuant to regulations adopted by theCommission.
(c) Assess costs and expenses incurred by theDepartment in carrying out the provisions of this section or in removing,correcting or terminating any hazard to human health, public safety or theenvironment pursuant to regulations adopted by the Commission.
(d) Request that the Attorney General commence anaction to enjoin the practices or acts which constitute the hazard.
(e) Take any other action designed to reduce oreliminate the hazard.
2. The Department may perform inspections pursuant to
(Added to NRS by 1981, 885; A 1991, 858)
NRS
1. Specifying the provision which is alleged to havebeen violated or which is about to be violated;
2. Setting forth the facts alleged to constitute theviolation;
3. Prescribing any corrective action which must betaken and a reasonable time within which it must be taken; and
4. Requiring the person to whom the order is directedto appear before the Director or a hearing officer appointed by him to showcause why the Department should not commence an action against him in districtcourt for appropriate relief.
(Added to NRS by 1981, 886)(Substituted in revisionfor NRS 444.768)
NRS
(Added to NRS by 1981, 886; A 1993, 840)
1. The Director may seek an injunction in districtcourt to prevent the occurrence or continuance of any act or practice whichviolates any provision of NRS 459.400 to459.560, inclusive, or any regulationadopted or permit or order issued pursuant to those sections.
2. If the Director shows that a person is or hasengaged in any act or practice which violates NRS459.400 to 459.560, inclusive, orany regulation adopted or permit or order issued pursuant to those sections,the court may issue, without bond any prohibitory or mandatory injunction whichthe facts warrant, including a temporary restraining order or a preliminary orpermanent injunction. A temporary restraining order may be granted only if theDirector has attempted to notify the defendant of his intention to seek itbefore the beginning of the hearing.
3. The court may not deny a temporary restrainingorder or an injunction because the Director has failed to show that there is noadequate remedy at law or because he has not shown that irreparable harm will resultfrom the act or practice which is the subject of the action.
4. The court may require a performance bond or othersecurity by the respondent to ensure his compliance with the order.
(Added to NRS by 1981, 886)(Substituted in revisionfor NRS 444.772)
NRS
1. Any person who violates or contributes to aviolation of any provision of NRS 459.400to 459.560, inclusive,
2. The Department may recover, in the name of theState of Nevada, actual damages which result from a violation, in addition tothe civil penalty provided in this section. The damages may include expensesincurred by the Department in removing, correcting or terminating any adverseeffects which resulted from the violation and compensation for any fish,aquatic life or other wildlife destroyed as a result of the violation.
(Added to NRS by 1981, 886; A 1989, 1482; 1991, 829)
NRS
1. Without a manifest that complies with regulationsadopted by the Commission;
2. That does not conform to the description of thewaste specified in the manifest;
3. In a manner that does not conform to the manner ofshipment described in the manifest; or
4. To a facility that has not been issued a permit totreat, store or dispose of the hazardous waste described in the manifest.
(Added to NRS by 1985, 903)
NRS
1. Knowingly makes any false statement, representationor certification on any application, record, report, manifest, plan or otherdocument filed or required to be maintained by any provision of
2. Falsifies, tampers with or knowingly rendersinaccurate any device or method for continuing observation required by aprovision of NRS 459.400 to
shall bepunished by imprisonment in the county jail for not more than 1 year, or by afine of not more than $25,000, or by both fine and imprisonment. Each day thefalse document remains uncorrected or a device or method described insubsection 2 remains inaccurate constitutes a separate violation of thissection for purposes of determining the maximum fine.
(Added to NRS by 1981, 887; A 1985, 904; 1991, 830)
NRS
1. Violates NRS459.590, subsection 1 of NRS 459.515or any term or condition of a permit issued pursuant to
2. Violates an order issued by the Department relatingto hazardous waste, if:
(a) The violation threatens or harms the environment orthe personal safety of other persons; and
(b) The person has not made a good faith effort tocomply with the order; or
3. Disposes of or discharges hazardous waste in anymanner not authorized by the provisions of this chapter or regulations adoptedthereunder,
is guilty ofa category D felony and shall be punished as provided in
(Added to NRS by 1981, 887; A 1983, 1122; 1985, 905;1991, 830; 1995, 1294)
PROGRAM FOR VOLUNTARY CLEANUP OF HAZARDOUS SUBSTANCES ANDRELIEF FROM LIABILITY
NRS
(Added to NRS by
NRS
(Added to NRS by
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(Added to NRS by
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(Added to NRS by
NRS
1. Except as otherwise provided in
(a) Listed, proposed for listing or eligible forlisting on the National Priorities List contained in Appendix B of Part 300 ofTitle 40 of the Code of Federal Regulations; and
(b) Owned, managed or controlled by a person orgovernmental entity subject to a pending investigation or ongoing enforcementaction of the Federal Government pursuant to the Federal Resource Conservationand Recovery Act, 42 U.S.C. 6901 et seq., or the Comprehensive EnvironmentalResponse, Compensation, and Liability Act, 42 U.S.C. 9601 et seq.;
2. Is not owned, managed or controlled by a person orgovernmental entity subject to a pending investigation or ongoing enforcementaction of the Division with respect to that real property; and
3. Contains the site or probable site of a release ofa hazardous substance.
(Added to NRS by
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(Added to NRS by
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(Added to NRS by
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(Added to NRS by
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(Added to NRS by
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(Added to NRS by
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1. A current or former owner or operator of a site orfacility who caused or contributed to the release of a hazardous substance atthe site or facility; and
2. A generator or transporter of a hazardous substancewho caused or contributed to the release of the hazardous substance at a siteor facility.
(Added to NRS by
NRS
1. The property satisfies the elements of thedefinition of eligible property set forth in subsections 2 and 3 of
2. The reason for which the property was listed or isproposed or eligible for listing on the National Priorities List or for theinvestigation or enforcement action by the Federal Government is unrelated tothe hazardous substance that a participant intends to remove from or remediateon the property pursuant to a remedial agreement submitted pursuant to
(Added to NRS by
NRS
1. A responsible party with respect to an eligibleproperty, or a prospective purchaser of an eligible property may apply toparticipate in the program. The application must be made to the Administratorin 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 remediationon the property; and
(c) The application fee and any other informationrequired pursuant to the regulations adopted by the Commission pursuant to
2. The Administrator shall approve or deny anapplication made pursuant to subsection 1 within 60 days after its submission,unless for good cause he extends the period for not more than an additional 30days. Notice of an extension must be delivered to the applicant before theexpiration of the original period for processing the application.
3. If the Administrator denies an application, heshall deliver to the applicant, within 30 days after the denial, a writtenexplanation of the reasons for denial.
(Added to NRS by
NRS
1. After an application is approved, the participantshall submit a remedial agreement to the Administrator for his approval.
2. The Administrator shall approve a remedialagreement only if:
(a) The agreement:
(1) Provides for the recovery by the Division ofall direct and indirect costs, in excess of the application fee, of overseeingand supervising the removal or remediation of the hazardous substance orsubstances on the property;
(2) Specifies the substance to be removed fromor remediated on the property, the actions to be taken and the standards to bemet with respect to removal or remediation, and the uses for which the propertywill not be suitable after the removal or remediation is carried out; and
(3) Includes a grant to the Administrator of anirrevocable easement or right of entry onto the property to oversee and observethe work during and after the removal or remediation;
(b) The removal or remediation of the hazardoussubstance or substances will:
(1) Restore the property to the condition towhich it would be restored if the Division caused action to be taken pursuantto NRS 459.537;
(2) Not cause, contribute to or worsen anyrelease or threatened release of a hazardous substance on the property;
(3) Adequately protect human health and theenvironment; and
(4) Comply with any applicable regulationsadopted by the Commission pursuant to NRS459.656; and
(c) The participant is financially capable ofundertaking the removal or remediation of the hazardous substance orsubstances.
3. If the participant is not the owner of theproperty, the Administrator shall not approve a remedial agreement unless the ownerfirst agrees to the terms of the agreement.
4. Before approving a remedial agreement, theAdministrator shall:
(a) Publish a notice and brief summary of the agreementin a newspaper of general circulation in the county where the property islocated;
(b) Make reasonable efforts to provide personal noticeto all responsible parties known to him and to all owners and residents ofproperty within 500 yards of the outer boundary of the property on which thework is to be performed;
(c) Provide 30 days for the submission of writtencomments; and
(d) Hold a public hearing in the county where theproperty is located.
5. If the Administrator disapproves a proposedremedial agreement, he shall deliver to the participant, within 30 days afterthe disapproval, a written explanation of the reasons for the disapproval.
(Added to NRS by
NRS
1. After a participant has completed the actionspecified in his remedial agreement for the removal or remediation of hazardoussubstances, the participant shall certify to the Administrator that the actionhas been completed according to the agreement. After the Administrator hasverified the certification, he shall issue the participant a certificate ofcompletion.
2. A certificate of completion must:
(a) Contain the name of the participant and of anyother person relieved from liability by the certificate and the legaldescription of the property to which it relates;
(b) Summarize the nature of the removal or remediationperformed on the property, and the nature of the relief provided by
(c) Be recorded by the Administrator in the office ofthe county recorder of the county where the real property is located, andindexed to show its relation to that real property.
3. If the Administrator does not issue a certificateof completion after receiving the participants certification that the work hasbeen completed, he shall deliver to the participant, within 30 days after hisreceipt of the certificate, a written explanation of the reasons why thecertificate was not issued.
(Added to NRS by
NRS
1. Except as otherwise provided in
2. The relief from liability provided by a certificateof completion remains effective despite a subsequent change in state or federallaw.
(Added to NRS by
NRS
1. If he obtained approval of his application,approval of his remedial agreement or issuance of the certificate by means offraud, misrepresentation or a knowing failure to disclose material information;
2. If the existence of the hazardous substance on theproperty was not disclosed in his remedial agreement, whether or not he knew orshould have known of its existence;
3. With respect to a release of a hazardous substance causedby him or his agent, unless the release is remedied before the certificate ofcompletion is issued and is included in the certificate of completion;
4. In a criminal prosecution or an action for damageto a natural resource;
5. In an action for nuisance at common law, fortrespass or for the conduct of an abnormally dangerous activity;
6. With respect to a use of the property for which theproperty is no longer suitable after the removal or remediation has beencarried out, as identified pursuant to subparagraph (2) of paragraph (a) ofsubsection 2 of NRS 459.636; or
7. For a release of any hazardous substance notspecified in the remedial agreement.
(Added to NRS by
NRS
1. The relief from liability provided by
(a) Purchases or leases the property to which thecertificate of completion relates; or
(b) Acquires, merges with or purchases substantiallyall of the assets of the holder of the certificate,
after thecertificate is issued, if the other person is not otherwise a responsibleparty. The other person is subject to any duties of the original holder of thecertificate under the remedial agreement or the certificate.
2. The relief provided to a subsequent owner or lesseecontinues even if it is determined that the original holder of the certificateis not released from liability because of a provision of
(a) The subsequent owner or lessee purchased or leasedthe property in good faith for its fair market value; and
(b) The actions of the original holder of thecertificate cannot be attributed to the subsequent owner or lessee under aprovision of law other than this chapter.
3. If the original holder of a certificate ofcompletion is a prospective purchaser, the relief from liability provided by
(a) The seller and purchaser so agree;
(b) The seller bears the expense of removal orremediation performed on the property, directly or indirectly;
(c) The seller is a responsible party only because ofhis ownership of the property; and
(d) The Administrator approves the extension of reliefand incorporates it into the certificate of completion.
(Added to NRS by
NRS
1. A person who, without participating in themanagement of a parcel of real property, holds or is the beneficiary ofevidence of title to the property primarily to protect a security interest inthe property is not a responsible party with respect to a release of ahazardous substance on the property if:
(a) The owner of the property is relieved fromliability under NRS 459.610 to
(b) The owner or holder of evidence of title did notcause the release; and
(c) The owner or holder of evidence of title does notparticipate actively in decisions concerning hazardous substances on theproperty.
2. A lender to a prospective purchaser who has filedan application to participate in the program pursuant to
(a) Foreclosing a security interest in the property; or
(b) Making a loan to the prospective purchaser if theloan:
(1) Is to be used for acquiring property orremoving or remediating hazardous substances on property; and
(2) Is secured by the property that is to beacquired or on which is located the hazardous substances that are to be removedor remediated.
(Added to NRS by
NRS
1. Conducting an environmental assessment of realproperty;
2. Contracting to purchase, or acquiring an option topurchase, real property;
3. Applying to participate in a program; or
4. Conducting or supervising removal or remediation ofa hazardous substance or substances, while exercising reasonable care, pursuantto an approved remedial agreement.
(Added to NRS by
NRS
1. The holder of a certificate of completion maymaintain an action against a responsible party to recover the holders costs ofperforming removal or remediation of a hazardous substance or substancespursuant to a program.
2. If the holder is a prospective purchaser and hisseller qualifies for relief from liability pursuant to
(Added to NRS by
NRS
1. A participant may terminate his participation in aprogram upon 30 days written notice to the Administrator.
2. The Administrator may terminate the participationof a participant in a program only if:
(a) The participant, after a reasonable period, has notproposed and is unlikely to be able to propose a remedial agreement that meetsthe requirements of NRS 459.636;
(b) The participant fails materially to comply with therequirements of the remedial agreement or NRS459.610 to 459.658, inclusive; or
(c) From information not known to the Administratorwhen the remedial agreement was approved, he determines that the removal orremediation in progress or to be performed on the property poses an imminentand substantial threat of harm to human health or the environment.
3. An application, remedial agreement or certificateof completion is not an admission of liability on the part of the applicant orparticipant, but a termination of participation does not otherwise affect therights of the Division.
(Added to NRS by
NRS
1. A decision of the Administrator to approve anapplication or a remedial agreement or to issue a certificate of completion isfinal and may not be reviewed.
2. If the Administrator denies an application for anyreason other than incompleteness, disapproves a proposed remedial agreement,does not issue a certificate of completion within the time allowed orterminates the participation of a participant in a program, the applicant orparticipant may apply to the Commission to review the decision pursuant to
(Added to NRS by
NRS
1. Must include, without limitation, provisionsrelating to the:
(a) Duties and functions of consultants who are certified,or exempt from the requirement of certification, as provided by
(b) Financial capability and responsibility required ofa participant; and
(c) Required form and content of and any fee requiredto be submitted with an application, certificate or remedial agreement.
2. May include, without limitation, provisionsrelating to the issuance of a temporary, interim or partial certificate ofcompletion or progress with respect to a remedial agreement.
(Added to NRS by
NRS
(Added to NRS by
HANDLING OF HAZARDOUS MATERIALS
General Provisions
NRS
(Added to NRS by 1987, 1750; A 1989, 278; 1991, 1109;1993, 139, 264, 840, 842, 848, 851; 1995, 546;
NRS
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NRS
(Added to NRS by 1993, 845)
NRS
(Added to NRS by 1993, 845; A
NRS
(Added to NRS by 1993, 845; A
NRS
(Added to NRS by 1993, 845; A
NRS
(Added to NRS by 1993, 845)
NRS
1. Of a type and amount for which a vehicletransporting the substance must be placarded pursuant to 49 C.F.R. Part 172;
2. Of a type and amount for which a uniform hazardouswaste manifest is required pursuant to 40 C.F.R. Part 262; or
3. Which is transported in bulk packaging, as definedin 49 C.F.R. 171.8.
(Added to NRS by 1993, 845; A
NRS
(Added to NRS by
NRS
(Added to NRS by
NRS
(Added to NRS by 1993, 845)
NRS
(Added to NRS by
NRS
(Added to NRS by
NRS
1. The Commission is the state agency responsible forcoordinating:
(a) The collection of fees relating to hazardousmaterials;
(b) The standardization of forms for reportinginformation relating to hazardous materials; and
(c) The adoption of regulations necessary to carry outthe provisions of paragraphs (a) and (b),
by stateagencies and local governmental agencies responsible for the regulation ofhazardous materials.
2. Each state agency or local governmental agencywhich is responsible for the regulation of hazardous materials shall, inconsultation with the Commission:
(a) Cooperate to eliminate any duplications, conflicts orinconsistencies in regulations relating to hazardous materials;
(b) Review periodically the forms for reportinginformation relating to hazardous materials to determine whether the forms areeasy to understand and complete and, if appropriate, revise the formsaccordingly;
(c) Cooperate, if possible, to develop a uniform formatfor reporting information relating to hazardous materials;
(d) Cooperate to ensure that local governmentalagencies which respond to emergencies involving hazardous materials receivereports in a timely manner; and
(e) Consolidate, if possible, the collection of feesrelating to hazardous materials.
(Added to NRS by 1993, 264)
Transportation; Reporting and Collection of Information
NRS
1. From the Department; or
2. If the motor carrier has designated anotherparticipating state as its base state pursuant to the uniform program, from thebase state.
(Added to NRS by
NRS
1. Except as otherwise provided in subsection 2, isnot required to provide on a uniform application any information requiredsolely from a motor carrier who transports hazardous waste.
2. For the transportation of any radioactive wastemust provide all the information required on a uniform application, includingany information required solely from a motor carrier who transports hazardouswaste.
(Added to NRS by
NRS
1. Except as otherwise provided in subsection 2 orrequired by federal law, the following information is confidential whenprovided to the Department on a uniform application:
(a) Any information regarding the ownership of a motorcarrier.
(b) Any information regarding a parent company,affiliate or subsidiary of a motor carrier.
(c) Any information regarding the financial balancesheet and statement of income of a motor carrier.
(d) Any information regarding the liability of a motorcarrier for any debts.
(e) Any information regarding the customers of a motorcarrier, including the services provided to specific customers.
2. The Department may, to the extent required for theadministration of the uniform program, disclose any information described insubsection 1 to:
(a) An appropriate agency of the Federal Government ora participating state; or
(b) A national repository established to assist in theadministration of the uniform program.
(Added to NRS by
NRS
1. Except as otherwise required by federal law, theDepartment shall immediately suspend or revoke the registration and permit forthe transportation of hazardous materials, or deny the approval of anapplication for such a registration and permit, by a motor carrier who:
(a) Knowingly makes a materially false or misleadingstatement on the application for the registration and permit;
(b) Is assigned an unsatisfactory safety ratingpursuant to 49 C.F.R. Part 385;
(c) Is subject to an order entered pursuant to 49C.F.R. 386.72;
(d) Does not maintain the financial responsibility forliability required pursuant to 49 C.F.R. Part 387 and the laws of this State;
(e) Knowingly uses a forged certificate of registrationor permit for the transportation of hazardous materials;
(f) Knowingly allows the use of his registration orpermit for the transportation of hazardous materials by any person other thanan agent or employee of the motor carrier; or
(g) Is convicted of a serious violation or repeatedviolations 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 thereasons for its action and of any action the motor carrier may take to obtainthe reinstatement of his registration and permit or the approval of hisapplication; and
(b) Provide the motor carrier with an opportunity for afair and impartial hearing on the matter.
(Added to NRS by
NRS
1. The Department shall not issue a permit requiredpursuant to NRS 459.7052 to a motorcarrier who is seeking to transport radioactive waste upon a public highway ofthis State without first determining that the carrier transporting the waste isin compliance and will continue to comply with all laws and regulations of thisState and the Federal Government respecting the handling and transportation ofradioactive waste and the safety of drivers and vehicles.
2. Any motor carrier who maintains his books andrecords outside of this State must, in addition to any other assessments andfees provided by law, be assessed by the Department for an amount equal to thetravel expenses, including the excess of the out-of-state subsistenceallowances over the in-state subsistence allowances, as fixed by
3. The assessment provided for in subsection 2 must bedetermined by the Department upon the completion of each such investigation,inspection or audit and is due within 30 days after the date on which theaffected motor carrier receives the assessment. The records of the Departmentrelating to the additional costs incurred by reason of necessary travel must beopen for inspection by the affected carrier at any time within the 30-dayperiod.
(Added to NRS by
NRS
1. A motor carrier who is transporting radioactivewaste shall reject any package containing the waste which is tendered to himfor 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. Part172, Subpart D;
(2) Label required pursuant to 49 C.F.R. Part172, Subpart E; or
(3) Placard required pursuant to 49 C.F.R. Part172, Subpart F; or
(c) Is not accompanied by a:
(1) Shipping paper required pursuant to 49C.F.R. Part 172, Subpart C; or
(2) Manifest required pursuant to 10 C.F.R. Part20, Appendix G.
2. A carrier who accepts radioactive waste fortransport in this State is liable for any package in his custody which leaks orspills its contents, does not bear the required marking, label or placard, oris not accompanied by the required shipping paper or manifest, unless, in thecase of a leak or spill of the waste and by way of affirmative defense, thecarrier proves that he did not and could not know of the leak when he acceptedthe package for transport.
(Added to NRS by 1993, 846; A
NRS
1. A motor carrier shall not transport any high-levelradioactive waste or spent nuclear fuel upon a public highway of this Stateunless:
(a) The high-level radioactive waste or spent nuclearfuel is contained in a package that has been approved for that purpose pursuantto 10 C.F.R. Part 71; and
(b) The carrier has complied with the provisions of 10C.F.R. Part 71 and 10 C.F.R. Part 73 requiring the advance notification of theGovernor of this State or his designee.
2. As used in this section:
(a) High-level radioactive waste has the meaningascribed to it in 10 C.F.R. 72.3.
(b) Spent nuclear fuel has the meaning ascribed to itin 10 C.F.R. 72.3.
(Added to NRS by
NRS
1. Except as otherwise required by federal law, anauthorized agent of the Department may:
(a) Conduct any examination or inspection of a motorvehicle or facility;
(b) Conduct any investigation, audit or other review;and
(c) Inspect and electronically reproduce any record,document or other evidentiary material,
as isnecessary to determine the applicability of the provisions of
2. The Director shall adopt regulations governing theinspection of vehicles pursuant to subsection 1 based on standards adopted by anonprofit organization comprised of representatives from private industry,state agencies, agencies of the Federal Government and other governmentalagencies, which is dedicated to improving the safety of commercial vehicles.
(Added to NRS by
NRS
1. The Repository for Information Concerning HazardousMaterials in Nevada is hereby created within the Division.
2. The Commission shall coordinate the collection ofinformation for the Repository and may adopt regulations for that purpose whichare consistent with all applicable laws and with any regulations adopted by theDirector regarding the management and operation of the Repository.
3. Every state and local governmental agency concernedwith the generation, transportation, shipment, storage or disposal of hazardousmaterials shall submit to the Division pursuant to the regulations of theDepartment and the Commission such information it collects regarding hazardousmaterials as required by the Commission.
4. The Division shall collect, maintain and arrangeall information submitted to it concerning hazardous materials.
5. The Division may, in a manner consistent withapplicable laws and regulations:
(a) Disseminate any information which is contained inthe 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 andstate repositories to facilitate exchanges of such information.
(Added to NRS by 1987, 1751; A 1991, 1110)
NRS
1. A person responsible for the care, custody orcontrol of a hazardous material which is involved in an accident or incidentoccurring during the transportation of the hazardous material by a motorcarrier, including any accident or incident occurring during any loading,unloading or temporary storage of the hazardous material while it is subject toactive shipping papers and before it has reached its ultimate consignee, shallnotify the Division, consistent with the requirements of 49 C.F.R. 171.15, assoon as practicable if, as a result of the hazardous material:
(a) A person is killed;
(b) A person receives injuries that requirehospitalization;
(c) Any damage to property exceeds $50,000;
(d) There is an evacuation of the general public for 1hour or more;
(e) One or more major transportation routes orfacilities are closed or shut down for 1 hour or more;
(f) There is an alteration in the operational flightpattern or routine of any aircraft;
(g) Any radioactive contamination is suspected;
(h) Any contamination by an infectious substance issuspected;
(i) There is a release of a liquid marine pollutant inexcess of 450 liters or a solid marine pollutant in excess of 400 kilograms; or
(j) Any situation exists at the site of the accident orincident which, in the judgment of the person responsible for the care, custodyor control of the hazardous material, should be reported to the Division.
2. The notification required pursuant to this sectionmust include:
(a) The name of the person providing the notification;
(b) The name and address of the motor carrierrepresented by that person;
(c) The telephone number where that person can becontacted;
(d) The date, time and location of the accident orincident;
(e) The extent of any injuries;
(f) The classification, name and quantity of thehazardous material involved, if that information is available; and
(g) The type of accident or incident, the nature of thehazardous material involved and whether there is a continuing danger to life atthe scene of the accident or incident.
3. A person may satisfy the requirements of thissection by providing the information specified in subsection 2 to the personwho responds to a telephone call placed to:
(a) The number 911 in an area where that number is usedfor emergencies; or
(b) The number zero in an area where the number 911 isnot used for emergencies.
(Added to NRS by
NRS
1. Except as otherwise provided in subsection 2, therecommendations contained in the final report of the working group establishedpursuant to 49 U.S.C. 5119; or
2. If the Secretary of Transportation prescribesregulations pursuant to 49 U.S.C. 5119, the regulations of the Secretary ofTransportation.
(Added to NRS by
NRS
1. The Director is responsible for administering theprovisions of NRS 459.7052 to
2. The Director shall adopt regulations:
(a) For the security of the Repository for InformationConcerning Hazardous Materials in Nevada so that it is adequately protectedfrom fire, theft, loss, destruction, other hazards and unauthorized access.
(b) Prescribing the manner in which informationconcerning hazardous materials is submitted to the Division by state and localgovernmental agencies.
(c) Providing for the imposition of fees to pay thecost of:
(1) Any registration and permitting required tocarry out the uniform program; and
(2) Any other regulation pursuant to theprovisions of NRS 459.7052 to
Moneyreceived by the Department from the fees imposed pursuant to this paragraphmust be deposited with the State Treasurer for credit to the State Highway Fundand used only to carry out the provisions of NRS459.7052 to 459.728, inclusive.
3. The Director, on behalf of this State, may enterinto any agreements with:
(a) The Federal Government;
(b) Other states; and
(c) A national repository established to assist in theadministration of the uniform program,
as areappropriate for the administration of the uniform program.
(Added to NRS by 1987, 1752; A 1993, 850;
NRS
(Added to NRS by
NRS
1. Except as otherwise provided in subsection 2, theprovisions of NRS 459.7052 to
2. The provisions of subsection 1 do not apply to anyordinance or regulation:
(a) For the control of traffic generally; or
(b) Which is approved by the Board of Directors of theDepartment of Transportation pursuant to paragraph (b) of subsection 3 of
(Added to NRS by
State Emergency Response Commission
NRS
1. The Contingency Account for Hazardous Materials ishereby created in the State General Fund.
2. The Commission shall administer the ContingencyAccount for Hazardous Materials and, except as otherwise provided in subsection4, the money in the Account may be expended only for:
(a) Carrying out the provisions of
(b) Carrying out the provisions of 42 U.S.C. 11001et seq. and 49 U.S.C. 5101 et seq.;
(c) Maintaining and supporting the operations of theCommission and local emergency planning committees;
(d) Training and equipping state and local personnel torespond to accidents and incidents involving hazardous materials; and
(e) The operation of training programs and a trainingcenter for handling emergencies relating to hazardous materials and relatedfires pursuant to NRS 477.045.
3. All money received by this State pursuant to 42U.S.C. 11001 et seq. or 49 U.S.C. 5101 et seq. must be deposited with theState Treasurer to the credit of the Contingency Account for HazardousMaterials. In addition, all money received by the Commission from any sourcemust be deposited with the State Treasurer to the credit of the ContingencyAccount for Hazardous Materials. The State Controller shall transfer from theContingency Account to the Operating Account of the State Fire Marshal suchmoney collected pursuant to chapter 477 of NRSas is authorized for expenditure in the budget of the State Fire Marshal foruse pursuant to paragraph (e) of subsection 2.
4. Any feesdeposited with the State Treasurer for credit to the Contingency Account forHazardous Materials pursuant to subsection 5 of
5. Upon the presentation of budgets in the mannerrequired by law, money to support the operation of the Commission pursuant tothis chapter, other than its provision of grants, must be provided by directlegislative appropriation from the State Highway Fund or other legislativeauthorization to the Contingency Account for Hazardous Materials.
6. The interest and income earned on the money in theContingency Account for Hazardous Materials, after deducting any applicablecharges, must be credited to the Account.
7. All claims against the Contingency Account forHazardous 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;
NRS
1. The State Emergency Response Commission is herebycreated for the purpose of carrying out the provisions of 42 U.S.C. 11001 etseq. and other matters relating thereto.
2. The Commission consists of not more than 25 membersappointed by the Governor. The Governor shall, to the extent practicable,appoint persons to the Commission who have technical expertise in responding toemergencies.
3. The term of each member of the Commission is 4years. A member may be reappointed, and there is no limit on the number ofterms that a member may serve.
4. The Governor shall appoint one or more of themembers of the Commission to serve as Chairman or Cochairmen.
5. The Commission may employ, within the limits oflegislative appropriations, such staff as is necessary to the performance ofits duties.
(Added to NRS by 1991, 1108; A 1997, 2544;
NRS
1. Adopt regulations for the purpose of enforcing itsresponsibilities pursuant to 42 U.S.C. 11001 et seq.
2. Accept gifts and grants of money and other revenuesfor the purpose of enforcing its responsibilities pursuant to 42 U.S.C. 11001 et seq.
(Added to NRS by 1987, 1753; A 1991, 1111;
NRS
1. Enter into contracts, leases or other agreements ortransactions;
2. Provide grants of money to local emergency planningcommittees to improve their ability to respond to emergencies involvinghazardous materials;
3. Assist with the development of comprehensive plansfor responding to such emergencies in this State;
4. Provide technical assistance and administrativesupport to the Telecommunications Unit of the Communication and ComputingDivision of the Department of Information Technology for the development ofsystems for communication during such emergencies;
5. Provide technical and administrative support andassistance for training programs;
6. Develop a system to provide public access to datarelating to hazardous materials;
7. Support any activity or program eligible to receivemoney from the Contingency Account for Hazardous Materials;
8. Adopt regulations setting forth the manner in whichthe Division of Emergency Management of the Department shall:
(a) Allocate money received by the Division whichrelates to hazardous materials or is received pursuant to 42 U.S.C. 11001 etseq. or 49 U.S.C. 5101 et seq.; and
(b) Approve programs developed to address planning forand responding to emergencies involving hazardous materials; and
9. Coordinate the activities administered by stateagencies to carry out the provisions of this chapter, 42 U.S.C. 11001 etseq. 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;
NRS
1. A schedule of fees for its services and regulatoryactivities. The fees must be set at an amount which approximates the cost tothe 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 anextremely hazardous material in an amount greater than the threshold planningquantity 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 suchmaterial is stored; and
(b) A surcharge for each ton of such material stored inexcess of 1 ton,
and must bepaid 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 byeach person who manufactures for transport an extremely hazardous material inan amount greater than the threshold planning quantity established for suchmaterial in 40 C.F.R. Part 355, Appendix A or B. The fee must include:
(a) A filing fee for each facility in which suchmaterial is manufactured; and
(b) A surcharge for each ton of such material which ismanufactured for transport in this State,
and must bepaid on or before January 31 of each year for the preceding calendar year.
4. A reporting fee, not to exceed $15,000 per year, tobe paid, except as otherwise provided in subsection 5, by each person who isrequired to submit a toxic chemical release form pursuant to 42 U.S.C. 11001et seq., which becomes due upon the filing of the form.
5. A method for limiting the amount of feesestablished pursuant to subsections 2 and 4 so that the aggregate amount of thefees imposed on a person during any calendar year does not exceed $15,000.
(Added to NRS by 1991, 1109; A 1995, 454;
Responding to Spills, Accidents and Incidents
NRS
1. Does not act promptly and appropriately meansthat the person:
(a) Cannot be notified of the incident within 2 hoursafter the initial attempt to contact him;
(b) Does not, within 2 hours after receivingnotification of the incident, make an oral or written commitment to clean anddecontaminate the affected area properly;
(c) Does not act upon the commitment within 24 hoursafter making it;
(d) Does not clean and decontaminate the affected areaproperly; or
(e) Does not act immediately to clean and decontaminatethe affected area properly, if his inaction presents an imminent and substantialhazard to human health, public safety or the environment.
2. Responding means any efforts to mitigate, attemptto mitigate or assist in the mitigation of the effects of a spill of oraccident involving hazardous material, including, without limitation, effortsto:
(a) Contain and dispose of the hazardous material.
(b) Clean and decontaminate the area affected by thespill or accident.
(c) Investigate the occurrence of the spill oraccident.
(Added to NRS by 1993, 838)
NRS
(Added to NRS by 1987, 1753)
NRS
1. Responding to a spill of or an accident involvinghazardous material;
2. Coordinating the efforts of state, local andfederal agencies responding to a spill of or an accident involving hazardousmaterial;
3. Managing the cleaning and decontamination of anarea for the disposal of hazardous material or the site of a spill of or anaccident involving hazardous material; or
4. Removing or contracting for the removal ofhazardous material which presents an imminent danger to human health, publicsafety or the environment.
(Added to NRS by 1987, 1753; A 1991, 1774)
NRS
1. Except as otherwise provided in this subsection,any state agency accruing expenses in responding to a spill of or an accidentinvolving hazardous material may present an itemized accounting of those expenseswith a demand for reimbursement of those expenses to the person responsible forthe hazardous material. Payment of the reimbursement must be made within 60days after the person receives notice from the agency of the amount due. Theprovisions of this section do not apply to a spill of or an accident involvingnatural gas or liquefied petroleum gas while it is under the responsibility ofa public utility.
2. If the state agency cannot recover the full amountof reimbursement from the person responsible, it may report to the Commissionits need for additional funding. The Commission shall notify the SenateStanding Committee on Finance and the Assembly Standing Committee on Ways andMeans during a regular or special session of the Legislature, or the InterimFinance Committee if the Legislature is not in session, of the state agencysneed for additional funding.
3. At the request of the state agency, and at any timeafter the payment for reimbursement is due, the Attorney General shall initiaterecovery by legal action of the amount of any unpaid reimbursement plusinterest at a rate determined pursuant to NRS17.130 computed from the date of the incident.
(Added to NRS by 1987, 1754; A 1993, 841)
NRS
(Added to NRS by 1987, 1754; A 1991, 1774)
NRS
(Added to NRS by 1987, 1754; A 1993, 841)
NRS
1. The State Fire Marshal shall, in cooperation withlocal fire departments, develop a reference guide for use by state and localpersonnel who respond to accidents and incidents involving hazardous materials.The reference guide must provide information which is readily accessible regardingprocedures for responding to the first critical moments of an accident orincident involving hazardous materials.
2. The State Fire Marshal shall make available, uponrequest, the reference guide developed pursuant to subsection 1 to local governments,state and local personnel who respond to accidents and incidents involvinghazardous materials and students enrolled in training programs for respondingto accidents and incidents involving hazardous materials.
(Added to NRS by 1993, 139)
Penalties
NRS
1. In addition to any applicable criminal penalties,the Department may, after providing written notice and an opportunity for afair and impartial hearing, impose a civil penalty, in an amount determinedpursuant to the schedule adopted by the Director pursuant to this section, upona person who violates a provision of NRS459.7052 to 459.728, inclusive, orthe regulations adopted pursuant thereto. The notice required by this sectionmust include the amount of the penalty and a description of the violation.
2. The Director shall adopt a schedule of civilpenalties for the purposes of this section based on a schedule of recommendedfines adopted by a nonprofit organization comprised of representatives fromprivate industry, state agencies, agencies of the Federal Government and othergovernmental agencies, which is dedicated to improving the safety of commercialvehicles.
3. The Department may bring an action to recover acivil penalty imposed pursuant to this section and shall deposit any moneycollected with the State Treasurer for credit to the State Highway Fund.
(Added to NRS by
NRS
1. Transports a hazardous material in a motor vehiclewithout the permit required pursuant to NRS459.7052;
2. Transports a hazardous material in a motor vehiclethat has not been inspected pursuant to any regulations of the Departmentrequiring an inspection;
3. Fails to carry the permit required pursuant to
4. Transports a hazardous material in a motor vehicleunder a permit required pursuant to NRS459.7052 which has expired;
5. Violates any of the terms or conditions of a permitrequired pursuant to NRS 459.7052; or
6. Fails to pay when due any fee established pursuantto NRS 459.744,
is guilty ofa misdemeanor.
(Added to NRS by 1987, 1754; A 1991, 1111; 1993,2799; 1995, 454; 1999,3352)
NRS
1. Allows the use of a permit required pursuant to
2. Uses a permit required pursuant to
3. Alters, forges or counterfeits a permit requiredpursuant to NRS 459.7052;
4. Uses a permit required pursuant to
5. Submits false information on an application orother form used to obtain a permit required pursuant to
6. Transports a hazardous material in a motor vehicleunder a permit required pursuant to NRS459.7052 which has been suspended or revoked; or
7. Transports a hazardous material in a motor vehiclewhich failed to pass any inspection for safety required by a regulation of theDepartment,
is guilty ofa gross misdemeanor.
(Added to NRS by 1987, 1754; A
IMMUNITY FROM LIABILITY REGARDING PLANNING FOR ANDRESPONDING TO DISCHARGE OF HAZARDOUS MATERIAL
NRS
(Added to NRS by 1993, 823; A
NRS
1. The State Emergency Response Commission, each localemergency planning committee appointed by the Commission, and their respectivemembers are immune from liability for the death of or injury to persons, andfor injury to property, resulting from the performance of their functions underthis chapter and under 42 U.S.C. 11001 et seq.
2. Except as limited by
(Added to NRS by 1993, 823; A
NRS
1. Damages resulting from the persons gross negligenceor his intentional, reckless or wanton misconduct;
2. A person:
(a) Whose act or failure to act was a cause of thedischarge; or
(b) Who receives compensation other than:
(1) Reimbursement for his actual expenses involuntarily providing the equipment, advice or other assistance; or
(2) Compensation from his regular employer forthe time during which he is engaged in rendering the assistance or advice.
(Added to NRS by 1993, 823)
NRS
1. In the case of one furnishing advice or assistance,he is qualified by training, education or experience in the handling ofhazardous materials and provides advice or assistance within the area of hisqualifications; and
2. He was requested to provide the equipment, adviceor other assistance by:
(a) The person responsible for the discharge;
(b) The Division of Emergency Management of theDepartment of Public Safety;
(c) The Division of Industrial Relations of theDepartment of Business and Industry;
(d) The Division of Environmental Protection of theState Department of Conservation and Natural Resources;
(e) The Nevada Highway Patrol Division of theDepartment of Public Safety;
(f) The State Fire Marshal Division of the Departmentof Public Safety;
(g) The State Emergency Response Commission or a localemergency 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;
STORAGE TANKS
NRS
(Added to NRS by 1989, 769; A 1993, 208)
NRS
(Added to NRS by 1989, 770)
NRS
(Added to NRS by 1989, 770)
NRS
(Added to NRS by 1989, 770)
NRS
(Added to NRS by 1989, 770)
NRS
(Added to NRS by 1989, 770)
NRS
1. An underground storage tank used to store ordispense regulated substances after November 8, 1984, or if the use of the tankwas discontinued before that date, the last person to own such a tank beforeits use was discontinued; or
2. An aboveground storage tank used to store ordispense regulated substances after October 1, 2003, or, if the use of the tankwas discontinued before that date, the last person to own such a tank beforeits use was discontinued.
(Added to NRS by 1989, 770; A
NRS
(Added to NRS by 1989, 770)
NRS
1. Any petroleum substance or chemical regulated bythe Federal Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6901et seq.), that is contained in a storage tank, except that the term does notinclude any substance subject to regulation under Subtitle C of that act ashazardous waste; and
2. Any petroleum, including crude oil or any fractionthereof that is liquid at standard condition of temperature and pressure, 60degrees Fahrenheit and 14.7 pounds per square inch absolute. The term includes,but is not limited to, petroleum and petroleum-based substances comprised of acomplex blend of hydrocarbons derived from crude oil through processes of separation,conversion, upgrading and finishing, such as motor fuels, jet fuels, distillatefuel oils, residual fuel oils, lubricants, solvents and used oils.
(Added to NRS by 1989, 770)
NRS
(Added to NRS by 1989, 770)
NRS
1. Underground storage tanks that are regulatedpursuant 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 storagecapacity of at least 110 gallons but not more than 30,000 gallons, including,without limitation, aboveground storage tanks located over water and used tosupply fuel at a marina or other facility.
(Added to NRS by 1989, 770; A
NRS
(Added to NRS by 1989, 773)
NRS
1. Administer the provisions of
2. Advise, consult and cooperate with other agenciesof the State, the Federal Government, other states, interstate agencies andother persons in furthering the purposes of NRS459.800 to 459.856, inclusive;
3. Take steps necessary to qualify for, accept andadminister loans and grants from the Federal Government and other sources,public or private, for carrying out the provisions of
4. Encourage, request, require the Department toparticipate in or conduct, studies, surveys, investigations, research,experiments, demonstrations and pilot programs by contract, grant or othermeans;
5. Collect and disseminate information to the public;
6. Hold hearings and issue subpoenas requiring theattendance of witnesses and the production of evidence, as he finds necessaryto carry out the provisions of NRS 459.800to 459.856, inclusive;
7. Exercise all powers necessary to carry out theprovisions of NRS 459.800 to
8. Delegate to the Division any of his powers orduties set forth in NRS 459.800 to
(Added to NRS by 1989, 770)
NRS
1. The Commission shall coordinate:
(a) The collection of fees related to storage tanks;
(b) The adoption of regulations governing storagetanks; and
(c) The standardization of forms used by the agenciesof the State and local governments that regulate storage tanks for reportinginformation relating to such storage tanks.
2. Each agency of this State and local government thatregulates storage tanks shall, in consultation with the Commission:
(a) Cooperate to eliminate any duplication, conflictsor inconsistencies in regulations adopted to govern storage tanks;
(b) Review periodically the forms for reportinginformation related to storage tanks to determine whether they are complete andeasy to understand and, if appropriate, revise the forms accordingly;
(c) Cooperate to develop a uniform format for reportinginformation related to storage tanks;
(d) Cooperate to ensure that agencies of localgovernments that respond to emergencies involving storage tanks receive reportsof those emergencies in a timely manner; and
(e) Consolidate the collection of fees related tostorage tanks.
(Added to NRS by 1993, 207; A
NRS
1. Set forth a means for an owner or operator of astorage tank to notify the Division of the existence, size and location of andthe substances contained in the storage tank;
2. Issue standards of performance for the operationand construction of a storage tank;
3. Establish requirements for the reporting of arelease from a storage tank and the reporting of corrective actions taken inresponse to such a release;
4. Establish standards of financial responsibility forowners and operators of storage tanks;
5. Require owners or operators of facilities havingstorage tanks to maintain records and devices for the continuing observation ofstorage 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
(Added to NRS by 1989, 771)
NRS
1. Storage tanks brought into use on or after theeffective date of such standards. The standards must address the:
(a) Design;
(b) Construction;
(c) Installation; and
(d) Compatibility of components,
of storagetanks and systems for the detection of releases from storage tanks.
2. Maintenance and keeping records of:
(a) Systems for the detection of releases from storagetanks;
(b) Systems for the testing of storage tanks;
(c) Systems for the monitoring of inventory of storagetanks; and
(d) Other systems designed to identify releases fromstorage tanks.
(Added to NRS by 1989, 771)
NRS
1. Establishing requirements for the closure of astorage tank or the removal or disposal of a storage tank to prevent futurereleases of regulated substances into the environment; and
2. Setting forth a plan for the management of storagetanks in the entire State.
(Added to NRS by 1989, 771)
NRS
1. The Commission shall by regulation establishrequirements for:
(a) Corrective action to be taken in response to arelease from a storage tank;
(b) Ensuring that the corrective action is cost-effective;and
(c) Maintaining evidence of the financialresponsibility of owners and operators of storage tanks.
2. In determining whether corrective action isrequired by the presence of excessive petroleum in the soil, the Division shallconsider, unless waived by the Administrator of the Division:
(a) Factors peculiar to the site and to thecontaminant; and
(b) The use of methods developed by the AmericanSociety for Testing and Materials to assess health and environmental risks, orequivalent procedures, to establish the need for corrective action and therequired level of corrective action.
(Added to NRS by 1989, 772; A 1995, 1891)
NRS
1. The Commission may by regulation set forth aprocedure for the granting, renewal, modification, suspension, revocation anddenial of permits to operate storage tanks.
2. Permits may contain terms and conditions which theCommission considers necessary and which conform to law and regulations adoptedby the Commission.
3. The Commission may by regulation prescribe areasonable fee to be charged for the issuance of a permit.
(Added to NRS by 1989, 772)
NRS
(Added to NRS by 1989, 772; A 1993, 646)
NRS
1. Except as otherwise provided in subsections 2 and3, money in the Account for the Management of Storage Tanks may only beexpended for the continuing observation or other management of storage tanks.
2. If a person responsible for a release of aregulated substance from a storage tank does not act promptly to clean anddecontaminate the affected area properly, and if that inaction presents animminent and substantial hazard to human health, public safety or theenvironment, money from the Account may be expended to pay the costs of:
(a) Responding to a release of a regulated substancefrom a storage tank;
(b) Coordinating the efforts of state, local andfederal agencies responding to a release from a storage tank;
(c) Managing the cleaning and decontamination of anarea in which a release from a storage tank has occurred; or
(d) Removing or contracting for the removal of aregulated substance released from a storage tank which presents an imminentdanger to human health, public safety or the environment.
3. The Director shall demand reimbursement of theAccount for money expended pursuant to subsection 2 from any person who isresponsible for the release, or who owns or controls the storage tank, or thearea in which the release occurred. Payment of the reimbursement is due within20 days after the person receives notice from the Director of the amount due.Reimbursement may include all costs actually incurred in the investigation andcleanup. The Director may impose an administrative penalty of not more than 5percent of the amount of reimbursement for each day the amount remains unpaidafter the date the payment for reimbursement is due.
4. At the request of the Director, the AttorneyGeneral shall seek recovery by legal action of the amount of any unpaidreimbursement and penalty.
(Added to NRS by 1989, 772; A 1993, 646)
NRS
(Added to NRS by 1989, 774)
NRS
(Added to NRS by 1989, 774)
NRS
1. Except as otherwise provided in this section,information which the Department obtains in the course of the performance ofits duties relating to storage tanks is public information.
2. Any information which specifically relates to thetrade secrets of any person is confidential. The following information shall bedeemed a trade secret:
(a) Information concerning fuel additives. For thepurposes of this paragraph, fuel additives are ingredients which are presentin fuel compositions in amounts of less than 1 percent by weight, includingdetergents, dispersants, demulsifiers and dyes.
(b) Any other information considered to be a tradesecret by the Director. A trade secret may include a formula, composition,process, method of operation, compilation of information or apparatus which isused in a persons business and gives that person an opportunity to obtain anadvantage over competitors. In determining whether information is a tradesecret, the Director shall consider whether the information is publiclyavailable in written form and, if not, whether its disclosure would tend toaffect adversely the competitive position of the owner of the information.
3. Any information which is confidential undersubsection 2 may be disclosed to any officer, employee or authorizedrepresentative of this State or the United States if:
(a) He is engaged in carrying out the provisions of
(b) The information is relevant in any judicialproceeding or adversary administrative proceeding under
Thedisclosure must be made in a manner which preserves the status of the informationas a trade secret.
(Added to NRS by 1989, 773)
NRS
1. Enter any place where the Department has reason tobelieve there are storage tanks;
2. Inspect or obtain samples wherever the Departmenthas reason to believe a release from a storage tank may have occurred;
3. Inspect and copy any records, reports, informationor results of tests relating to the management of a storage tank; and
4. Inspect any system for the continuing observationof a storage tank.
(Added to NRS by 1989, 773)
NRS
1. Issue an order directing the owner or operator ofthe storage tank to take necessary steps to prevent the act or eliminate thepractice which constitutes the hazard.
2. Request that the Attorney General commence anaction to enjoin the practices or acts which constitute the hazard.
3. Take any other action designed to reduce oreliminate the hazard.
(Added to NRS by 1989, 773)
NRS
1. Specifying the provision which is alleged to havebeen violated or which is about to be violated;
2. Setting forth the facts alleged to constitute theviolation;
3. Prescribing any corrective action which must betaken and a reasonable time within which it must be taken; and
4. Requiring the person to whom the order is directedto appear before the Director or a hearing officer appointed by him to showcause why the Department should not commence an action against him in districtcourt for appropriate relief.
(Added to NRS by 1989, 774)
1. The Director may seek an injunction in districtcourt to prevent the occurrence or continuance of any act or practice whichviolates any provision of NRS 459.800 to459.856, inclusive, or any regulationadopted or permit or order issued pursuant to those sections.
2. If the Director shows that a person is or hasengaged in any act or practice which violates a provision of
(a) The Director gives notice to the defendant inperson, of his intention to seek such an order, or mails such notice to thedefendants last known address by registered or certified mail. The notice mustbe given at least 10 days before the commencement of the hearing.
(b) Before and during that 10-day period, the Directoraffords the defendant an opportunity to correct each violation which is thesubject of the hearing and the defendant fails to correct the violation orviolations before the commencement of the hearing.
3. The court may require a performance bond or othersecurity by the respondent to ensure his compliance with the order.
(Added to NRS by 1989, 774)
NRS
1. Any person who violates or contributes to aviolation of any provision of NRS 459.800to 459.856, inclusive, or of anyregulation adopted or permit or order issued pursuant to those sections, or whodoes not take action to correct a violation within the time specified in anorder, is liable to the Department for a civil penalty of not more than $5,000for each day on which the violation occurs. This penalty is in addition to anyother penalty provided by NRS 459.800 to459.856, inclusive.
2. The Department may recover, in the name of theState of Nevada, actual damages which result from a violation, in addition tothe civil penalty provided in this section. The damages may include expensesincurred by the Department in removing, correcting or terminating any adverseeffects which resulted from the violation and compensation for any damagesincurred as a result of the violation.
(Added to NRS by 1989, 775)
FUND FOR BROWNFIELD PROJECTS
NRS
(Added to NRS by
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(Added to NRS by
NRS
(Added to NRS by
NRS
(Added to NRS by
NRS
(Added to NRS by
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(Added to NRS by
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(Added to NRS by
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(Added to NRS by
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(Added to NRS by
NRS
1. The Fund for Brownfield Projects is hereby createdin the State Treasury as a revolving fund, to be administered by the Division.
2. Money in the Fund may be used only to carry outbrownfield projects authorized pursuant to the Brownfields Restoration Act.Interest and income earned on the money in the Fund must be credited to theFund. Money remaining in the Fund at the end of a fiscal year does not revertto the State General Fund, and the balance in the Fund for Brownfield Projectsmust be carried forward.
3. All payments reimbursing the cost of cleanups forbrownfield projects, including interest, must be deposited in the StateTreasury for credit to the Fund.
4. Claims against the Fund must be paid as otherclaims 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 theFund and may be used to match the federal grant.
(Added to NRS by
NRS
(Added to NRS by
NRS
(Added to NRS by
NRS
1. Use the money in the Fund for the purposes setforth in the Brownfields Restoration Act.
2. Determine whether brownfield projects which receivemoney or other assistance from the Fund comply with the Brownfields RestorationAct.
(Added to NRS by
NRS
1. Prepare and enter into any agreements with theFederal 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 BrownfieldsRestoration Act.
4. Manage the Fund in accordance with requirements andobjectives of the Brownfields Restoration Act.
5. Provide services relating to the management andadministration of the Fund, including the preparation of any agreement, plan orreport.
(Added to NRS by
NRS
(Added to NRS by
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(Added to NRS by
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(Added to NRS by
MISCELLANEOUS PROVISIONS
NRS
(Added to NRS by 1989, 335)
NRS
1. It is unlawful for any person or governmentalentity to store high-level radioactive waste in Nevada.
2. As used in this section, unless the contextotherwise requires, high-level radioactive waste has the meaning ascribed tothat term in 10 C.F.R. 60.2.
(Added to NRS by 1989, 2113)
NRS
1. A person or governmental entity shall not operateor display or cause to be operated or displayed a radar gun or similar deviceunless it is:
(a) On the Consumer Products List of the InternationalAssociation of Chiefs of Police; and
(b) Inspected at least every 3 years to determinewhether its level of power and structural integrity comply with the minimumperformance specifications for that model established by the United StatesDepartment of Transportation.
2. Any person or governmental entity that causes to beoperated or displayed a radar gun or similar device that emits nonionizingradiation shall adopt procedures for its use that protect the health and safetyof the operator of the radar gun or device.
3. A peace officer must successfully complete a courseof training in the proper use of a radar gun or similar device approved by thePeace Officers Standards and Training Commission before he may be authorizedto operate a radar gun or similar device.
(Added to NRS by 1993, 1152; A
NRS
1. Notwithstanding any other provision of law to thecontrary and regardless of whether he is a participant in a program, a personwho:
(a) Is a bona fide prospective purchaser is not liablefor any response action or cleanup that may be required with respect to anyreal property pursuant to NRS 445A.300to 445A.730, inclusive,
(b) Is an innocent purchaser is not liable for anyresponse action or cleanup that may be required with respect to any realproperty pursuant to NRS 445A.300 to
(c) Owns real property that:
(1) Is contiguous to or otherwise similarlysituated with respect to; and
(2) Is or may be contaminated by a release orthreatened release of a hazardous substance from,
other realproperty that the person does not own, is not liable for any response action orcleanup 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 of1980, 42 U.S.C. 9607(q)(1).
2. A person described in paragraph (a), (b) or (c) ofsubsection 1 shall report to the Division, in a manner prescribed by theCommission:
(a) Any of the following substances that are found onor at real property owned by the person:
(1) Hazardous substances at or above therequired reporting levels designated pursuant to sections 102 and 103 of theComprehensive Environmental Response, Compensation, and Liability Act of 1980,42 U.S.C. 9602 and 9603; and
(2) Petroleum products of such type and in suchamount as are required by the Division to be reported; and
(b) Any response action or cleanup that has beenperformed with respect to the real property described in paragraph (a).
3. The provisions of this section do not otherwiselimit the authority of the Administrator, the Commission or the Division torequire any person who is responsible for the contamination or pollution ofreal property, by improperly managing hazardous substances at or on that realproperty, to perform a response action or cleanup with respect to that realproperty.
4. If there are costs relating to a response action orcleanup that are incurred and unrecovered by the State of Nevada with respectto real property for which a bona fide prospective purchaser of the realproperty is not liable pursuant to the provisions of this section, the State ofNevada:
(a) Has a lien against that real property in an amountnot to exceed the increase in the fair market value of the real property thatis attributable to the response action or cleanup, which increase in fairmarket value must be measured at the time of the sale or other disposition ofthe real property; or
(b) May, with respect to those incurred and unrecoveredcosts and by agreement with the bona fide prospective purchaser of the realproperty, obtain from that bona fide prospective purchaser:
(1) A lien on any other real property owned bythe bona fide prospective purchaser; or
(2) Another form of assurance or payment that issatisfactory 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 orafter the date that is 60 days after May 26, 2003.
6. As used in this section:
(a) Administrator means the Administrator of theDivision.
(b) Bona fide prospective purchaser has the meaningascribed 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 EnvironmentalCommission.
(d) Division means the Division of EnvironmentalProtection of the State Department of Conservation and Natural Resources.
(e) Hazardous substance has the meaning ascribed toit in NRS 459.620.
(f) Innocent purchaser means a person who qualifiesfor the exemption from liability set forth in section 107(b)(3) of theComprehensive Environmental Response, Compensation, and Liability Act of 1980,42 U.S.C. 9607(b)(3).
(g) Participant has the meaning ascribed to it in
(h) Program means a program of voluntary cleanup andrelief from liability set forth in NRS459.610 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 orspill of or an accident involving a hazardous substance, including, withoutlimitation, any action to:
(1) Contain and dispose of the hazardoussubstance;
(2) Clean and decontaminate the area affected bythe leak, spill or accident; or
(3) Investigate the occurrence of the leak,spill or accident.
(Added to NRS by
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