Current through February 27, 2024
1. The operator of
a storage tank shall report any suspected or confirmed discharge from a storage
tank to the environment promptly in accordance with the requirements of NAC
445A.347 and 40 C.F.R. §§
280.50, 280.53 and 280.61.
2. As soon as possible after the discharge,
but not later than 12 months after the date the discharge is discovered, the
operator shall submit to the Division an application for coverage by the Fund
for the discharge. The Division will not accept an application for coverage
after the deadline unless the operator demonstrates good cause for the failure
to comply with the deadline. The application for coverage must be submitted on
the form prescribed by the Division and must include:
(a) A written description of how, when and
where the discharge occurred;
(b) A
description of any damage known to the operator to have been caused by the
discharge;
(c) If the services of
an environmental manager, as defined in NAC 459.9704, have been obtained, the
name of that person; and
(d) If the
operator is seeking to be designated as a small business as described in
paragraph (f) of subsection 1 of NAC 445C.210, the information required by NAC
445C.220.
3. The
operator shall take all reasonable steps to protect the site of the discharge
from further damage in accordance with the provisions of 40 C.F.R. §§
280.61 and 280.62.
4. The operator
shall:
(a) Prepare and maintain a record of
all costs incurred by him or her in cleaning up the discharge.
(b) Permit the Division to inspect any
property or records relating to the discharge or damage caused by the
discharge.
(c) Notify the Division
if the cost of:
(1) An emergency action;
or
(2) The initial response actions
and abatement measures prescribed by 40 C.F.R. §§
280.61 and 280.62,
will exceed $5,000.
(d)
If the operator is seeking reimbursement by the Fund for the costs of cleaning
up the discharge from a storage tank or of liability for damages, unless an
employee of the operator will be providing services that are exempted from the
provisions of NAC 459.970 to 459.9729, inclusive, by subsection 1 of NAC
459.9718, obtain the services of a person who is certified as an environmental
manager, as defined in NAC 459.9704.
(e) Obtain approval from the Division or
secure not less than three competitive bids for a task included in a corrective
action that costs more than $6,000, an amount which may be adjusted annually by
the Division and published on the website of the Division on or before March 1
of each year to reflect the change in the Consumer Price Index for All Urban
Consumers published by the United States Department of Labor between December
2018 and December of the immediately preceding year and rounded to the nearest
$1,000, if:
(1) The corrective action
necessitated by a discharge from a storage tank is not an emergency action
pursuant to paragraph (c) of subsection 1 of NAC 445C.210 or an initial
abatement measure prescribed by 40 C.F.R. §
280.62; and
(2) The operator is seeking reimbursement by
the Fund for the costs of cleaning up the discharge from a storage tank or of
liability for damages.
(Added to NAC by Bd. to
Review Claims, eff. 6-15-90; A 12-23-91; 1-22-96; A by Div. of Environmental
Protec. by R226-05, 5-4-2006; A by Bd. to Review Claims by R009-16, 6-28-2016;
A by Environmental Comm'n by R123-16, 11-2-2016) - (Substituted in revision for
NAC 590.760); A by
R049-21A,
eff. 4/11/2022
NRS 445C.310,
445C.360, as amended by section 4 of Assembly Bill No. 40, chapter 314,
Statutes of Nevada 2021, at page 1864.
