Current through December 12, 2024
1. An operator, certified environmental manager, vendor or contractor who seeks to be reimbursed by the Fund for costs for cleaning up or liability for damages resulting from a discharge must submit to the Division pursuant to subsection 2 a verified claim for reimbursement in the form prescribed by the Board along with any supporting documents required to substantiate his or her eligibility for reimbursement.
2. An operator, certified environmental manager, vendor or contractor must submit:
(a) The initial claim for reimbursement within 12 months after the date of the discharge, as identified in the application for coverage pursuant to subsection 2 of NAC 445C.270;
(b) Any subsequent claims within 12 months after the date on which the operator, certified environmental manager, vendor or contractor performed the cleanup activity for which reimbursement is being requested; and
(c) The final claim within 12 months after the completion of the corrective action necessitated by the discharge.
The Board will not accept a claim after the applicable deadline set forth in paragraph (a), (b) or (c) unless the operator, certified environmental manager, vendor or contractor demonstrates good cause for the failure to comply with the deadline.
3. The operator or certified environmental manager shall provide any additional information required by the Board in order to determine his or her eligibility for payment from the Fund.
4. The Board may authorize payment from the Fund to:
(a) An operator;
(b) A certified environmental manager;
(c) A vendor;
(d) A contractor; or
(e) Any combination of persons listed in paragraphs (a) to (d), inclusive, jointly.
5. If money from the Fund is paid to an operator or certified environmental manager before payment is made to a vendor or contractor, or both, the operator or certified environmental manager, as applicable, shall:
(a) As soon as practicable but not more than 60 days after receiving the money from the Fund, which may be extended by the Division for good cause shown, pay the vendor or contractor, or both.
(b) Not more than 60 days after receiving the money from the Fund, which may be extended by the Division for good cause shown, provide the Division with confirmation that, in accordance with paragraph (a), the operator or certified environmental manager, as applicable, made payment to the vendor or contractor, or both, of the money paid by the Board. If confirmation of payment is not received by the Division within 60 days after the operator or certified environmental manager, as applicable, receives the money from the Fund, the Board will not approve payment of any subsequent claims until the second meeting of the Board after confirmation of payment is received.
(c) Demonstrate to the Division the payment of the applicable cost allocation that the operator must pay pursuant to NRS 445C.370 or 445C.380, as applicable. Upon receiving the submission for the payment of the final claim from the Fund, the Division may require that the operator demonstrate payment of the applicable cost allocation which the operator must pay before the Division pays the remaining allocation from the Fund that was approved by the Board.
6. If an operator or certified environmental manager fails to [pay] demonstrate to the Division that payment was made to a vendor or contractor for costs approved and paid by the Board within 60 days, which may be extended by the Division for good cause shown:
(a) The operator or certified environmental manager, as applicable, shall reimburse the Fund any money that is not confirmed pursuant to paragraph (b) of subsection 5, up to the full claim amount, that was paid by the Board; and
(b) The Board will not approve the payment of any subsequent claim unless the operator or certified environmental manager, as applicable, reimburses the Fund. Any subsequent claim, including the claim associated with the reimbursed money, may be presented to the Board for approval and payment only after the operator or certified environmental manager, as applicable, reimburses the Fund.
7. If an operator or certified environmental manager is entitled to receive payment for his or her necessary expenses for the costs of cleaning up, the Board will authorize payment of the per diem allowance and travel expenses at the same rate provided for state officers and employees generally.
8. As used in this section:
(a) "Certified environmental manager" means a person who is an environmental manager, as defined in NAC 459.9704, and whose services are obtained by an operator.
(b) "Claim" or "claim for reimbursement" means a request for reimbursement by the Fund of a sum of money, accompanied by the required supporting documents. The term does not include an application for coverage under the Fund.
(Added to NAC by Bd. to Review Claims, eff. 6-15-90; A 12-23-91; 11-3-92; A by Div. of Environmental Protec., 1-10-94; A by Bd. to Review Claims, 1-22-96; R009-16, 6-28-2016) - (Substituted in revision for NAC 590.780); A by R049-21A, eff. 4/11/2022
NRS 445C.310
