Current through September 16, 2024
1. Except as
otherwise provided in this section, for an applicant to be eligible for a loan
from the Fund with respect to a property, the property must contain the site of
a release of a hazardous substance, pollutant or petroleum product and qualify
as a brownfield site.
2. An
applicant may be eligible for a loan from the Fund with respect to a disposal
site only if the Division determines that:
(a)
The disposal site poses a threat to human health or the environment because of
the presence of a hazardous substance and presents a danger to human health
beyond any physical hazards that may be present at the disposal site;
(b) The disposal site was closed before the
enactment of the Hazardous and Solid Waste Amendments of 1984,
42 U.S.C. §§
6901 et seq.; and
(c) Corrective action is not required by the
Division pursuant to NAC 444.7481 to 444.7499, inclusive.
3. An applicant is not eligible for a loan
from the Fund with respect to a property which is eligible for funding pursuant
to NAC 590.700 to 590.790, inclusive, or is otherwise subject to NAC 459.9921
to 459.999, inclusive, unless:
(a) The loan
will be used for corrective action on the property exclusively to address a
hazardous substance which is distinct from, and not commingled with, petroleum
contamination that is eligible for reimbursement pursuant to NAC 590.700 to
590.790, inclusive;
(b) The
Division determines that the applicant is not eligible for funding pursuant to
NAC 590.700 to 590.790, inclusive, for petroleum contamination on the property
and:
(1) The applicant did not cause or
contribute to the release of petroleum products; and
(2) The cleanup of the petroleum
contamination would protect human health and the environment and result in the
redevelopment of the site; or
(c) The loan will be used to continue the
remediation of a hazardous substance commingled with petroleum contamination
after the issues relating to the petroleum contamination have been
mitigated.
4. As used in
this section, "disposal site" has the meaning ascribed to it in
NRS
444.460.
Added to NAC by Environmental
Comm'n by R084-04, eff. 10-8-2004; A by R004-08 & R005-08, 4-17-2008;
R189-08, 8-25-2009
NRS
459.892
