Current through September 16, 2024
1. The owner or
operator of a facility for the management of hazardous waste shall, in addition
to any other applicable fees, pay the following fees to the Division to offset
partially the cost of inspection and other regulation of the facility:
(a) For the disposal, open burn, open
detonation or incineration of hazardous waste by a unit or for the burning of
hazardous waste in a boiler or industrial furnace for the recovery of energy by
a facility:
(1) Nineteen dollars per ton of
the volume that is hazardous waste pursuant to paragraph (a) of subsection 2 of
NAC 444.843; and
(2) Three dollars and fifty cents per ton of
the volume that is hazardous waste pursuant to paragraph (b) or (c) of
subsection 2 of NAC
444.843 but is not hazardous
waste pursuant to paragraph (a) of that subsection.
(b) For the treatment or storage of a volume
of hazardous waste by a unit without:
(1)
Subsequent disposal, open burn, open detonation or incineration of the
hazardous waste by the facility; or
(2) Subsequent burning of the hazardous waste
in a boiler or industrial furnace for the recovery of energy by the facility,
$5 per ton if the waste that is stored or treated is waste
generated at that facility.
(c) For the treatment of a volume of
hazardous waste by a unit so that it is no longer hazardous waste pursuant to
NAC 444.843 and subsequent disposal
of the treated waste by the facility, $4 per ton.
2. The owner or operator of such a facility
shall:
(a) Calculate the amount of hazardous
waste subject to the fees on a quarterly basis based on the volume of the
hazardous waste that is newly managed by a unit during the quarter of the year
for which the fees are calculated;
(b) Pay the fees provided in this section
within 30 days after the end of each quarter; and
(c) Submit, with each payment, a detailed
accounting of the volume of waste, which corresponds to the fee paid.
3. The Division may assess a
penalty of 2 percent of the unpaid balance for each month, or portion thereof,
that a fee remains unpaid.
4. The
Division may waive any part of the fees specified in subsection 1 for waste
brought to a state-owned facility if the waste is generated:
(a) By an agency of this State; or
(b) In compliance with an order issued by the
Division to clean up a spill or deposit. 5. As used in this section:
(a) "Owner or operator of a facility for the
management of hazardous waste" means a person who:
(1) Qualifies for interim status pursuant to
40 C.F.R. Part 270, Subpart G , as adopted by reference in NAC
444.8632; or
(2) Has been issued a permit pursuant to 40
C.F.R. Part 124, Subparts A , B and G, and Part 270, Subparts A to F, inclusive
, H, I and J, as adopted by reference in NAC
444.8632.
(b) "Unit" means a unit for the management of
hazardous waste that is:
(1) Operated by a
facility for the management of hazardous waste; and
(2) Subject to the permitting requirements of
40 C.F.R. Part 270 , as adopted by reference in NAC
444.8632.
Added to
NAC by Environmental Comm'n, eff. 7-22-87; A 5-27-92; 3-1-94; R107-97, 3-5-98;
R170-99, 1-26-2000; A by
R038-13;
eff. 10/24/2014; A by
R091-16A,
eff. 11/2/2016
NRS 459.485,
459.490
