The Western Interstate Nuclear
Compact, denominated in NRS 459.001 to
459.005 , inclusive, as the “compact,”
is hereby enacted into law and entered into with all jurisdictions
legally joining therein, in the form substantially as follows:
ARTICLE I. POLICY AND PURPOSE
The party states recognize that the proper employment of scientific
and technological discoveries and advances in nuclear and related fields
and direct and collateral application and adaptation of processes and
techniques developed in connection therewith, properly correlated with
the other resources of the region, can assist substantially in the
industrial progress of the West and the further development of the
economy of the region. They also recognize that optimum benefit from
nuclear and related scientific or technological resources, facilities and
skills requires systematic encouragement, guidance, assistance, and
promotion from the party states on a cooperative basis. It is the policy
of the party states to undertake such cooperation on a continuing basis.
It is the purpose of this compact to provide the instruments and
framework for such a cooperative effort in nuclear and related fields, to
enhance the economy of the West and contribute to the individual and
community well-being of the region’s people.
ARTICLE II. THE BOARD
(a) There is hereby created an agency of the party states to be
known as the “Western Interstate Nuclear Board” (hereinafter called the
Board). The Board shall be composed of one member from each party state
designated or appointed in accordance with the law of the state which he
represents and serving and subject to removal in accordance with such
law. Any member of the Board may provide for the discharge of his duties
and the performance of his functions thereon (either for the duration of
his membership or for any lesser period of time) by a deputy or
assistant, if the laws of his state make specific provisions therefor.
The federal government may be represented without vote if provision is
made by federal law for such representation.
(b) The Board members of the party states shall each be entitled to
one vote on the Board. No action of the Board shall be binding unless
taken at a meeting at which a majority of all members representing the
party states are present and unless a majority of the total number of
votes on the Board are cast in favor thereof.
(c) The Board shall have a seal.
(d) The Board shall elect annually, from among its members, a
chairman, a vice chairman, and a treasurer. The Board shall appoint and
fix the compensation of an Executive Director who shall serve at its
pleasure and who shall also act as Secretary, and who, together with the
Treasurer, and such other personnel as the Board may direct, shall be
bonded in such amounts as the Board may require.
(e) The Executive Director, with the approval of the Board, shall
appoint and remove or discharge such personnel as may be necessary for
the performance of the Board’s functions irrespective of the civil
service, personnel or other merit system laws of any of the party states.
(f ) The Board may establish and maintain, independently or in
conjunction with any one or more of the party states, or its institutions
or subdivisions, a suitable retirement system for its full-time
employees. Employees of the Board shall be eligible for social security
coverage in respect of old age and survivors insurance provided that the
Board takes such steps as may be necessary pursuant to federal law to
participate in such program of insurance as a governmental agency or
unit. The Board may establish and maintain or participate in such
additional programs of employee benefits as may be appropriate.
(g) The Board may borrow, accept, or contract for the services of
personnel from any state or the United States or any subdivision or
agency thereof, from any interstate agency, or from any institution,
person, firm or corporation.
(h) The Board may accept for any of its purposes and functions
under this compact any and all donations, and grants of money, equipment,
supplies, materials and services (conditional or otherwise) from any
state or the United States or any subdivision or agency thereof, or
interstate agency, 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 or upon any borrowing pursuant to paragraph
(g) of this Article, together with the identity of the donor, grantor or
lender, shall be detailed in the annual report of the Board.
(i) The Board may establish and maintain such facilities as may be
necessary for the transacting of its business. The Board may acquire,
hold, and convey real and personal property and any interest therein.
(j ) The Board shall adopt bylaws, rules, and regulations for the
conduct of its business, and shall have the power to amend and rescind
these bylaws, rules, and regulations. The Board shall publish its bylaws,
rules, and regulations in convenient form and shall file a copy thereof,
and shall also file a copy of any amendment thereto, with the appropriate
agency or officer in each of the party states.
(k) The Board annually shall make to the governor of each party
state, a report covering the activities of the Board for the preceding
year, and embodying such recommendations as may have been adopted by the
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 or designated officer or
officers of each party state a budget of its estimated expenditures for
such period as may be required by the laws of that jurisdiction for
presentation to the legislature thereof.
(b) Each of the Board’s budgets of estimated expenditures shall
contain specific recommendations of the amount or amounts to be
appropriated by each of the party states. Each of the Board’s requests
for appropriations pursuant to a budget of estimated expenditures shall
be apportioned equally among the party states. Subject to appropriation
by their respective legislatures, the Board shall be provided with such
funds by each of the party states as are necessary to provide the means
of establishing and maintaining facilities, a staff of personnel, and
such activities as may be necessary to fulfill the powers and duties
imposed upon and entrusted to the Board.
(c) The Board may meet any of its obligations in whole or 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 to
the 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 of funds by the party jurisdictions adequate to meet the
same.
(d) Any expenses and any other costs for each member of the Board
in attending Board meetings shall be met by the Board.
(e) The Board shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the Board shall be
subject to the audit and accounting procedures established under its
bylaws. However, all receipts and disbursements of funds handled by the
Board shall be audited yearly by a certified or licensed public
accountant and the report of the audit shall be included in and become a
part of the annual report of the Board.
(f ) The Accounts of the Board shall be open at any reasonable time
for inspection to persons authorized by the Board, and duly designated
representatives of governments contributing to the Board’s support.
ARTICLE IV. ADVISORY COMMITTEES
The Board may establish such advisory and technical committees as
it may deem necessary, membership on which may include but not be limited
to private citizens, expert and lay personnel, representatives of
industry, labor, commerce, agriculture, civic associations, medicine,
education, voluntary health agencies, and officials of local, State and
Federal Government, and may cooperate with and use the services of any
such committees and the organizations which they represent in furthering
any of its activities under this compact.
ARTICLE V. POWERS
The Board shall have power to—
(a) Encourage and promote cooperation among the party states in the
development and utilization of nuclear and related technologies and their
application to industry and other fields.
(b) Ascertain and analyze on a continuing basis the position of the
West with respect to the employment in industry of nuclear and related
scientific findings and technologies.
(c) Encourage the development and use of scientific advances and
discoveries in nuclear facilities, energy, materials, products,
by-products, and all other appropriate adaptations of scientific and
technological advances and discoveries.
(d) Collect, correlate, and disseminate information relating to the
peaceful uses of nuclear energy, materials, and products, and other
products and processes resulting from the application of related science
and technology.
(e) Encourage the development and use of nuclear energy,
facilities, installations, and products as part of a balanced economy.
(f ) Conduct, or cooperate in conducting, programs of training for
state and local personnel engaged in any aspects of:
1. Nuclear industry, medicine, or education, or the promotion or
regulation thereof.
2. Applying nuclear scientific advances or discoveries, and any
industrial commercial or other processes resulting therefrom.
3. The formulation or administration of measures designed to
promote safety in any matter related to the development, use or disposal
of nuclear energy, materials, products, by-products, installations, or
wastes, or to safety in the production, use and disposal of any other
substances peculiarly related thereto.
(g) Organize and conduct, or assist and cooperate in organizing 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 respect to
nonnuclear sources of radiation as may promote the economic development
and general welfare of the West.
(i) Study industrial, health, safety, and other standards, laws,
codes, rules, regulations, and administrative practices in or related to
nuclear fields.
(j ) Recommend such changes in, or amendments or additions to the
laws, codes, rules, regulations, administrative procedures and practices
or local laws or ordinances of the party states of their subdivisions in
nuclear and related fields, as in its judgment may be appropriate. Any
such recommendations shall be made through the appropriate state agency,
with due consideration of the desirability of uniformity but shall also
give appropriate weight to any special circumstances which may justify
variations to meet local conditions.
(k) Consider and make recommendations designed to facilitate the
transportation of nuclear equipment, materials, products, by-products,
wastes, and any other nuclear or related substances, in such manner and
under such conditions as will make their availability or disposal
practicable on an economic and efficient basis.
(l) Consider and make recommendations with respect to the
assumption of and protection against liability actually or potentially
incurred in any phase of operations in nuclear and related fields.
(m) Advise and consult with the federal government concerning the
common position of the party states or assist party states with regard to
individual problems where appropriate in respect to nuclear and related
fields.
(n) Cooperate with the Atomic Energy Commission, the National
Aeronautics and Space Administration, the Office of Science and
Technology, or any agencies successor thereto, any other officer or
agency of the United States, and any other governmental unit or agency or
officer thereof, and with any private persons or agencies in any of the
fields of its interest.
(o) Act as licensee, contractor or subcontractor of the United
States Government or any party state with respect to the conduct of any
research activity requiring such license or contract and operate such
research facility or undertake any program pursuant thereto, provided
that this power shall be exercised only in connection with the
implementation of one or more other powers conferred upon the Board by
this compact.
(p) Prepare, publish and distribute (with or without charge) such
reports, bulletins, newsletters or other materials as it deems
appropriate.
(q) Ascertain from time to time such methods, practices,
circumstances, and conditions as may bring about the prevention and
control of nuclear incidents in the area comprising the party states, to
coordinate the nuclear incident prevention and control plans and the work
relating thereto of the appropriate agencies of the party states and to
facilitate the rendering of aid by the party states to each other in
coping with nuclear incidents.
The Board may formulate and, in accordance with need from time to
time, revise a regional plan or regional plans for coping with nuclear
incidents within the territory of the party states as a whole or within
any subregion or subregions of the geographic area covered by this
compact.
Any nuclear incident plan in force pursuant to this paragraph shall
designate the official or agency in each party state covered by the plan
who shall coordinate requests for aid pursuant to Article VI of this
compact and the furnishing of aid in response thereto.
Unless the party states concerned expressly otherwise agree, the
Board shall not administer the summoning and dispatching of aid, but this
function shall be undertaken directly by the designated agencies and
officers of the party states.
However, the plan or plans of the Board in force pursuant to this
paragraph shall provide for reports to the Board concerning the
occurrence of nuclear incidents and the requests for aid on account
thereof, together with summaries of the actual working and effectiveness
of mutual aid in particular instances.
From time to time, the Board shall analyze the information gathered
from reports of aid pursuant to Article VI and such other instances of
mutual aid as may have come to its attention, so that experience in the
rendering of such aid may be available.
(r) Prepare, maintain, and implement a regional plan or regional
plans for carrying out the duties, powers, or functions conferred upon
the Board by this compact.
(s) Undertake responsibilities imposed or necessarily involved with
regional participation pursuant to such cooperative programs of the
federal government as are useful in connection with the fields covered by
this compact.
ARTICLE VI. MUTUAL AID
(a) Whenever a party state, or any state or local governmental
authorities therein, request aid from any other party state pursuant to
this compact in coping with a nuclear incident, it shall be the duty of
the requested state to render all possible aid to the requesting state
which is consonant with the maintenance of protection of its own people.
(b) Whenever the officers or employees of any party state are
rendering outside aid pursuant to the request of another party state
under this compact, the officers or employees of such state shall, under
the direction of the authorities of the state to which they are rendering
aid, have the same powers, duties, rights, privileges and immunities as
comparable officers and employees of the state to which they are
rendering aid.
(c) No party state or its officers or employees rendering outside
aid pursuant to this compact shall be liable on account of any act or
omission on their part while so engaged, or on account of the maintenance
or use of any equipment or supplies in connection therewith.
(d) All liability that may arise either under the laws of the
requesting state or under the laws of the aiding state or under the laws
of a third state on account of or in connection with a request for aid,
shall be assumed and borne by the requesting state.
(e) Any party state rendering outside aid pursuant to this compact
shall be reimbursed by the party state receiving such aid for any loss or
damage to, or expense incurred in the operation of any equipment
answering a request for aid, and for the cost of all materials,
transportation, wages, salaries and maintenance of officers, employees
and equipment incurred in connection with such request: provided that
nothing herein contained shall prevent any assisting party state from
assuming such loss, damage, expense or other cost or from loaning such
equipment or from donating such services to the receiving party state
without charge or cost.
(f ) Each party state shall provide for the payment of compensation
and death benefits to injured officers and employees and the
representatives of deceased officers and employees in case officers or
employees sustain injuries or death while rendering outside aid pursuant
to this compact, in the same manner and on the same terms as if the
injury or death were sustained within the state by or in which the
officer or employee was regularly employed.
ARTICLE VII. SUPPLEMENTARY AGREEMENTS
(a) To the extent that the Board has not undertaken an activity or
project which would be within its power under the provisions of Article V
of this compact, any two or more of the party states (acting by their
duly constituted administrative officials) may enter into supplementary
agreements for the undertaking and continuance of such an activity or
project. Any such agreement shall specify the purpose or purposes; its
duration and the procedure for termination thereof or withdrawal
therefrom; the method of financing and allocating the costs of the
activity or project; and such other matters as may be necessary or
appropriate.
No such supplementary agreement entered into pursuant to this
article shall become effective prior to its submission to and approval by
the Board. The Board shall give such approval unless it finds that the
supplementary agreement or activity or project contemplated thereby is
inconsistent with the provisions of this compact or a program or activity
conducted by or participated in by the Board.
(b) Unless all of the party states participate in a supplementary
agreement, any cost or costs thereof shall be borne separately by the
states party thereto. However, the Board may administer or otherwise
assist in the operation of any supplementary agreement.
(c) No party to a supplementary agreement entered into pursuant to
this article shall be relieved thereby of any obligation or duty assumed
by said party state under or pursuant to this compact, except that timely
and proper performance of such obligation or duty by means of the
supplementary agreement may be offered as performance pursuant to the
compact.
(d) The provisions of this Article shall apply to supplementary
agreements and activities thereunder, but shall not be construed to
repeal or impair any authority which officers or agencies of party states
may have pursuant to other laws to undertake cooperative arrangements or
projects.
ARTICLE VIII. OTHER LAWS AND RELATIONS
Nothing in this compact shall be construed to—
(a) Permit or require any person or other entity to avoid or refuse
compliance with any law, rule, regulation, order or ordinance of a party
state or subdivision thereof now or hereafter made, enacted or in force.
(b) Limit, diminish, or otherwise impair jurisdiction exercised by
the Atomic Energy Commission, any agency successor thereto, or any other
federal department, agency or officer pursuant to and in conformity with
any valid and operative act of Congress, nor limit, diminish, affect, or
otherwise impair jurisdiction exercised by any officer or agency of a
party state, except to the extent that the provisions of this compact may
provide therefor.
(c) Alter the relations between and respective internal
responsibilities of the government of a party state and its subdivisions.
(d) Permit or authorize the Board to own or operate any facility,
reactor, or installation for industrial or commercial purposes.
ARTICLE IX. ELIGIBLE PARTIES, 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 shall become
effective when its legislature shall have enacted the same into law:
Provided, that it shall not become initially effective until enacted into
law by five states.
(c) Any party state may withdraw from this compact by enacting a
statute repealing the same, but no such withdrawal shall take effect
until two years after the Governor of the withdrawing state has given
notice in writing of the withdrawal to the Governors of all other party
states. No withdrawal shall affect any liability already incurred by or
chargeable to a party state prior to the time of such withdrawal.
(d) Guam and American Samoa, or either of them may participate in
the compact to such extent as may be mutually agreed by the Board and the
duly constituted authorities of Guam or American Samoa, as the case may
be. However, such participation shall not include the furnishing or
receipt of mutual aid pursuant to Article VI, unless that Article has
been enacted or otherwise adopted so as to have the full force and effect
of law in the jurisdiction affected. Neither Guam nor American Samoa
shall be entitled to voting participation on the Board, unless it has
become a full party to the compact.
ARTICLE X. SEVERABILITY AND CONSTRUCTION
The provisions of this compact and of any supplementary agreement
entered into hereunder shall be severable and if any phrase, clause,
sentence or provision of this compact or such supplementary agreement is
declared to be contrary to the constitution of any participating state or
of the United States or the applicability thereof to any government,
agency, person, or circumstance is held invalid, the validity of the
remainder of this compact or such supplementary agreement and the
applicability thereof to any government, agency, person or circumstance
shall not be affected thereby. If this compact or any supplementary
agreement entered into hereunder shall be held contrary to the
constitution of any state participating therein, the compact or such
supplementary agreement shall remain in full force and effect as to the
remaining states and in full force and effect as to the state affected as
to all severable matters. The provisions of this compact and of any
supplementary agreement entered into pursuant thereto shall be liberally
construed to effectuate the purposes thereof.
(Added to NRS by 1969, 1138)—(Substituted in revision for NRS
459.200)
The
Governor shall appoint the member of the Western Interstate Nuclear Board
to represent this state.
(Added to NRS by 1969, 1146)—(Substituted in revision for NRS
459.210)
The
member representing this State on the Western Interstate Nuclear Board
may be represented thereon by an alternate designated by him. Any such
alternate may discharge the member’s duties and perform the member’s
functions to the extent and during the time designated by the member,
pursuant to Article II (a) of the Compact.
(Added to NRS by 1969, 1146)—(Substituted in revision for NRS
459.220)
Pursuant to Article II (j) of the Compact, the Western Interstate
Nuclear Board shall file copies of its bylaws, rules and regulations, and
of any amendments thereto, with the Secretary of State.
(Added to NRS by 1969, 1146)—(Substituted in revision for NRS
459.230)
The provisions of the Nevada
Industrial Insurance Act, chapters 616A to
616D , inclusive, of NRS, and any benefits
payable thereunder shall apply and be payable to any persons dispatched
to another state pursuant to Article VI of the Compact. If the persons so
dispatched are officers or employees of any political subdivision of this
State, they are entitled to the same compensation or other benefits in
case of injury or death to which they would have been entitled had such
injury or death occurred while coping with a nuclear incident in their
respective jurisdictions and in their regular employment.
(Added to NRS by 1969, 1146)—(Substituted in revision for NRS
459.240)
ROCKY MOUNTAIN LOW-LEVEL RADIOACTIVE WASTE COMPACT
The Rocky Mountain Low-level
Radioactive Waste Compact, referred to as the “compact” in this section
and NRS 459.008 is hereby enacted into
law and entered into with all jurisdictions legally joining therein, in
the form substantially as follows:
ARTICLE 1
FINDINGS AND PURPOSE
A. The party states agree that each state is responsible for
providing for the management of low-level radioactive waste generated
within its borders, except for waste generated as a result of defense
activities of the Federal Government or federal research and development
activities. Moreover, the party states find that the United States
Congress, by enacting the Low-Level Radioactive Waste Policy Act (Public
Law 96-573), has encouraged the use of interstate compacts to provide for
the establishment and operation of facilities for regional management of
low-level radioactive waste.
B. It is the purpose of the party states, by entering into an
interstate compact, to establish the means for cooperative effort in
managing low-level radioactive waste; to ensure the availability and
economic viability of sufficient facilities for the proper and efficient
management of low-level radioactive waste generated within the region
while preventing unnecessary and uneconomic proliferation of such
facilities; to encourage reduction of the volume of low-level radioactive
waste requiring disposal within the region; to restrict management within
the region of low-level radioactive waste generated outside the region;
to distribute the costs, benefits and obligations of low-level
radioactive waste management equitably among the party states; and by
these means to promote the health, safety and welfare of the residents
within the region.
ARTICLE 2
DEFINITIONS
As used in this compact, unless the context clearly indicates
otherwise:
A. “Board” means the Rocky Mountain low-level radioactive waste
board;
B. “Carrier” means a person who transports low-level waste;
C. “Disposal” means the isolation of waste from the biosphere,
with no intention of retrieval, such as by land burial;
D. “Facility” means any property, equipment or structure 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 a regional facility
is located or being developed;
G. “Low-level waste” or “waste” means radioactive waste, other
than:
(1) Waste generated as a result of defense activities of the
Federal Government or federal research and development activities;
(2) High-level waste such as irradiated reactor fuel, liquid
waste from reprocessing irradiated reactor fuel, or solids into which any
such liquid waste has been converted;
(3) Waste material containing transuranic elements with
contamination levels greater than 10 nanocuries per gram of waste
material;
(4) By-product material as defined in section 11 e. (2) of
the Atomic Energy Act of 1954, as amended on November 8, 1978; or
(5) Wastes from mining, milling, smelting, or similar
processing of ores and mineral-bearing material primarily for minerals
other than radium;
H. “Management” means collection, consolidation, storage,
treatment, incineration or disposal;
I. “Operator” means a person who operates a regional facility;
J. “Person” means an individual, corporation, partnership or other
legal entity, whether public or private;
K. “Region” means the combined geographical area within the
boundaries of the party states; and
L. “Regional facility” means a facility within any party state
which either:
(1) Has been approved as a regional facility by the board; or
(2) Is the low-level waste facility in existence on January
1, 1982, at Beatty, Nevada.
ARTICLE 3
RIGHTS, RESPONSIBILITIES AND OBLIGATIONS
A. There shall be regional facilities sufficient to manage the
low-level waste generated within the region. At least one regional
facility shall be open and operating in a party state other than Nevada
within 6 years after this compact becomes law in Nevada and in one other
state.
B. Low-level waste generated within the region shall be managed at
regional facilities without discrimination among the party states;
provided, however, that a host state may close a regional facility when
necessary for public health or safety.
C. Each party state which, according to reasonable projections
made by the board, is expected to generate 20 percent or more in cubic
feet except as otherwise determined by the board of the low-level waste
generated within the region has an obligation to become a host state in
compliance with subsection D of this article.
D. A host state, or a party state seeking to fulfill its
obligation to become a host state, shall:
(1) Cause a regional facility to be developed on a timely
basis as determined by the board, and secure the approval of such
regional facility by the board as provided in article 4 before allowing
site preparation or physical construction to begin;
(2) Ensure by its own law, consistent with any applicable
federal law, the protection and preservation of public health and safety
in the siting, design, development, licensure or other regulation,
operation, closure, decommissioning and long-term care of the regional
facilities within the state;
(3) Subject to the approval of the board, ensure that
charges for management of low-level waste at the regional facilities
within the state are reasonable;
(4) Solicit comments from each other party state and the
board regarding siting, design, development, licensure or other
regulation, operation, closure, decommissioning and long-term care of the
regional facilities within the state and respond in writing to such
comments;
(5) Submit an annual report to the board which contains
projections of the anticipated future capacity and availability of the
regional facilities within the state, together with other information
required by the board; and
(6) Notify the board immediately if any exigency arises
requiring the possible temporary or permanent closure of a regional
facility within the state at a time earlier than was projected in the
state’s most recent annual report to the board.
E. Once a party state has served as a host state, it shall not be
obligated to serve again until each other party state having an
obligation under subsection C of this article has fulfilled that
obligation. Nevada, already being a host state, shall not be obligated to
serve again as a host state until every other party state has so served.
F. Each party state:
(1) Agrees to adopt and enforce procedures requiring
low-level waste shipments originating within its borders and destined for
a regional facility to conform to packaging and transportation
requirements and regulations. Such procedures shall include but are not
limited to:
(a) Periodic inspections of packaging and shipping practices;
(b) Periodic inspections of waste containers while in the custody
of carriers; and
(c) Appropriate enforcement actions with respect to violations;
(2) Agrees that after receiving notification from a host
state that a person in the party state has violated packaging, shipping
or transportation requirements or regulations, it shall take appropriate
action to ensure that violations do not recur. Appropriate action may
include but is not limited to the requirement that a bond be posted by
the violator to pay the cost of repackaging at the regional facility and
the requirement that future shipments be inspected;
(3) May impose fees to recover the cost of the practices
provided for in paragraphs (1) and (2) of this subsection;
(4) Shall maintain an inventory of all generators within the
state that may have low-level waste to be managed at a regional facility;
and
(5) May impose requirements or regulations more stringent
than those required by this subsection.
ARTICLE 4
BOARD APPROVAL OF REGIONAL FACILITIES
A. Within 90 days after being requested to do so by a party state,
the board shall approve or disapprove a regional facility to be located
within that state.
B. A regional facility shall be approved by the board if and only
if the board determines that:
(1) There will be, for the foreseeable future, sufficient
demand to render operation of the proposed facility economically feasible
without endangering the economic feasibility of operation of any other
regional facility; and
(2) The facility will have sufficient capacity to serve the
needs of the region for a reasonable period of years.
ARTICLE 5
SURCHARGES
A. The board shall impose a compact surcharge per unit of waste
received at any regional facility. The surcharge shall be adequate to pay
the costs and expenses of the board in the conduct of its authorized
activities and may be increased or decreased as the board deems necessary.
B. A host state may impose a state surcharge per unit of waste
received at any regional facility within the state. The host state may
fix and change the amount of the state surcharge subject to approval by
the board. Money received from the state surcharge may be used by the
host state for any purpose authorized by its own law, including but not
limited to costs of licensure and regulatory activities related to the
regional facility, reserves for decommissioning and long-term care of the
regional facility and local impact assistance.
ARTICLE 6
THE BOARD
A. The Rocky Mountain low-level radioactive waste board, which
shall not be an agency or instrumentality of any party state, is created.
B. The board shall consist of one member from each party state.
Each party state shall determine how and for what term its member shall
be appointed, and how and for what term any alternate may be appointed to
perform that member’s duties on the board in the member’s absence.
C. Each party state is entitled to one vote. A majority of the
board constitutes a quorum. Unless otherwise provided in this compact, a
majority of the total number of votes on the board is necessary for the
board to take any action.
D. The board shall meet at least once a year and otherwise as its
business requires. Meetings of the board may be held in any place within
the region deemed by the board to be reasonably convenient for the
attendance of persons required or entitled to attend and where adequate
accommodations may be found. Reasonable public notice and opportunity for
comment shall be given with respect to any meeting; provided, however,
that nothing in this subsection shall preclude the board from meeting in
executive session when seeking legal advice from its attorneys or when
discussing the employment, discipline or termination of any of its
employees.
E. The board shall pay necessary travel and reasonable per diem
expenses of its members, alternates and advisory committee members.
F. The board shall organize itself for the efficient conduct of
its business. It shall adopt and publish rules consistent with this
compact regarding its organization and procedures. In special
circumstances the board, with unanimous consent of its members, may take
actions by telephone; provided, however, that any action taken by
telephone shall be confirmed in writing by each member within 30 days.
Any action taken by telephone shall be noted in the minutes of the board.
G. The board may use for its purposes the services of any
personnel or other resources which may be offered by any party state.
H. The board may establish its offices in space provided for that
purpose by any of the party states or, if space is not provided or is
deemed inadequate, in any space within the region selected by the board.
I. Consistent with available funds, the board may contract for
necessary personnel services and may employ such staff as it deems
necessary to carry out its duties. Staff shall be employed without regard
for the personnel, civil service or merit system laws of any of the party
states and shall serve at the pleasure of the board. The board may
provide appropriate employee benefit programs for its staff.
J. The board shall establish a fiscal year which conforms to the
extent practicable to the fiscal years of the party states.
K. The board shall keep an accurate account of all receipts and
disbursements. An annual audit of the books of the board shall be
conducted by an independent certified public accountant, and the audit
report shall be made a part of the annual report of the board.
L. The board shall prepare and include in the annual report a
budget showing anticipated receipts and disbursements for the ensuing
year.
M. Upon legislative enactment of this compact, each party state
shall appropriate $70,000 to the board to support its activities prior to
the collection of sufficient funds through the compact surcharge imposed
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 any
source. The nature, amount and condition, if any, attendant upon any
donation, grant or other resources accepted pursuant to this subsection,
together with the identity of the donor or grantor, shall be detailed in
the annual report of the board.
O. In addition to the powers and duties conferred upon the board
pursuant to other provisions of this compact, the board:
(1) Shall submit communications to the governors and to the
presiding officers of the legislatures of the party states regarding the
activities of the board, including an annual report to be submitted by
December 15;
(2) May assemble and make available to the governments of
the party states and to the public through its members information
concerning low-level waste management needs, technologies and problems;
(3) Shall keep a current inventory of all generators within
the region, based upon information provided by the party states;
(4) Shall keep a current inventory of all regional
facilities, including information on the size, capacity, location,
specific wastes capable of being managed and the projected useful life of
each regional facility;
(5) May keep a current inventory of all low-level waste
facilities in the region, based upon information provided by the party
states;
(6) Shall ascertain on a continuing basis the needs for
regional facilities and capacity to manage each of the various classes of
low-level waste;
(7) May develop a regional low-level waste management plan;
(8) May establish such advisory committees as it deems
necessary for the purpose of advising the board on matters pertaining to
the management of low-level waste;
(9) May contract as it deems appropriate to accomplish its
duties and effectuate its powers, subject to its projected available
resources; but no contract made by the board shall bind any party state;
(10) Shall make suggestions to appropriate officials of the
party states to ensure that adequate emergency response programs are
available for dealing with any exigency that might arise with respect to
low-level waste transportation or management;
(11) Shall prepare contingency plans, with the cooperation
and approval of the host state, for management of low-level waste in the
event any regional facility should be closed;
(12) May examine all records of operators of regional
facilities pertaining to operating costs, profits or the assessment or
collection of any charge, fee or surcharge;
(13) Shall have the power to sue; and
(14) When authorized by unanimous vote of its members, may
intervene as of right in any administrative or judicial proceeding
involving low-level waste.
ARTICLE 7
PROHIBITED ACTS AND PENALTIES
A. It shall be unlawful for any person to dispose of low-level
waste within the region, except at a regional facility; provided,
however, that a generator who, prior to January 1, 1982, had been
disposing of only his own waste on his own property may, subject to
applicable federal and state law, continue to do so.
B. After January 1, 1986, it shall be unlawful for any person to
export low-level waste which was generated within the region outside the
region unless authorized to do so by the board. In determining whether to
grant such authorization, the factors to be considered by the board shall
include, but not be limited to, the following:
(1) The economic impact of the export of the waste on the
regional facilities;
(2) The economic impact on the generator of refusing to
permit the export of the waste; and
(3) The availability of a regional facility appropriate for
the disposal of the waste involved.
C. After January 1, 1986, it shall be unlawful for any person to
manage any low-level waste within the region unless the waste was
generated within the region or unless authorized to do so both by the
board and by the state in which that management takes place. In
determining whether to grant such authorization, the factors to be
considered by the board shall include, but not be limited to, the
following:
(1) The impact of importing waste on the available capacity
and projected life of the regional facilities;
(2) The economic impact on the regional facilities; and
(3) The availability of a regional facility appropriate for
the disposal of the type of waste involved.
D. It shall be unlawful for any person to manage at a regional
facility any radioactive waste other than low-level waste as defined in
this compact, unless authorized to do so both by the board and the host
state. In determining whether to grant such authorization, the factors to
be considered by the board shall include, but not be limited to, the
following:
(1) The impact of allowing such management on the available
capacity and projected life of the regional facilities;
(2) The availability of a facility appropriate for the
disposal of the type of waste involved;
(3) The existence of transuranic elements in the waste; and
(4) The economic impact on the regional facilities.
E. Any person who violates subsection A or B of this article shall
be liable to the board for a civil penalty not to exceed 10 times the
charges which would have been charged for disposal of the waste at a
regional facility.
F. Any person who violates subsection C or D of this article shall
be liable to the board for a civil penalty not to exceed 10 times the
charges which were charged for management of the waste at a regional
facility.
G. The civil penalties provided for in subsections E and F of this
article may be enforced and collected in any court of general
jurisdiction within the region where necessary jurisdiction is obtained
by an appropriate proceeding commenced on behalf of the board by the
attorney general of the party state wherein the proceeding is brought or
by other counsel authorized by the board. In any such proceeding, the
board, if it prevails, is entitled to recover reasonable attorney’s fees
as part of its costs.
H. Out of any civil penalty collected for a violation of
subsection A or B of this article, the board shall pay to the appropriate
operator a sum sufficient in the judgment of the board to compensate the
operator for any loss of revenue attributable to the violation. Such
compensation may be subject to state and compact surcharges as if
received in the normal course of the operator’s business. The remainder
of the civil penalty 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 in the region.
I. Any civil penalty collected for a violation of subsection C or
D of this article 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 in the region.
J. Violations of subsection A, B, C, or D of this article may be
enjoined by any court of general jurisdiction within the region where
necessary jurisdiction is obtained in any appropriate proceeding
commenced on behalf of the board by the attorney general of the party
state wherein the proceeding is brought or by other counsel authorized by
the board. In any such proceeding, the board, if it prevails, is entitled
to recover reasonable attorney’s fees as part of its costs.
K. No state attorney general shall be required to bring any
proceeding under any subsection of this article, except upon his consent.
ARTICLE 8
ELIGIBILITY, ENTRY INTO EFFECT, CONGRESSIONAL CONSENT, WITHDRAWAL,
EXCLUSION
A. Arizona, Colorado, Nevada, New Mexico, Utah and Wyoming are
eligible to become parties to this compact. Any other state may be made
eligible by unanimous consent of the board.
B. An eligible state may become a party state by legislative
enactment of this compact or by executive order of its governor adopting
this compact; provided, however, a state becoming a party by executive
order shall cease to be a party state upon adjournment of the first
general session of its legislature convened thereafter, unless before
such adjournment the legislature shall have enacted this compact.
C. This compact shall take effect when it has been enacted by the
legislatures of two eligible states. However, subsections B and C of
article 7 shall not take effect until Congress has by law consented to
this compact. Every 5 years after such consent has been given, Congress
may by law withdraw its consent.
D. A state which has become a party state by legislative enactment
may withdraw by legislation repealing its enactment of this compact; but
no such repeal shall take effect until 2 years after enactment of the
repealing legislation. If the withdrawing state is a host state, any
regional facility in that state shall remain available to receive
low-level waste generated within the region until 5 years after the
effective date of the withdrawal; provided, however, this provision shall
not apply to the existing facility in Beatty, Nevada.
E. A party state may be excluded from this compact by a
two-thirds’ vote of the members representing the other party states,
acting in a meeting, on the ground that the state to be excluded has
failed to carry out its obligations under this compact. Such an exclusion
may be terminated upon a two-thirds’ vote of the members acting in a
meeting.
ARTICLE 9
CONSTRUCTION AND SEVERABILITY
A. The provisions of this compact shall be broadly construed to
carry out the purposes of the compact.
B. Nothing in this compact shall be construed to affect any
judicial proceeding pending on the effective date of this compact.
C. If any part or application of this compact is held invalid, the
remainder, or its application to other situations or persons, shall not
be affected.
(Added to NRS by 1983, 1251)
1. The Governor shall appoint the member of the Rocky Mountain
Low-Level Radioactive Waste Board to represent this State. The member
serves at the pleasure of the Governor.
2. The member representing this State on the Rocky Mountain
Low-Level Radioactive Waste Board may, in his absence, be represented on
the Board by an alternate designated by him. Such an alternate may
discharge the member’s duties and perform the member’s functions to the
extent and during the time designated by the member, pursuant to
subsection B of article 6 of the Compact.
(Added to NRS by 1983, 1259)
There is hereby imposed a state surcharge of $2
per cubic foot of radioactive waste received at Nevada’s regional
facility in Beatty. This state surcharge must be collected at the same
time and in the manner provided for the compact surcharge collected
pursuant to Article 5 of the Rocky Mountain Low-level Radioactive Waste
Compact. Any money collected pursuant to this section which is not
otherwise distributed by specific legislative appropriation must be
deposited with the State Treasurer for credit to the Fund for the Care of
Sites for the Disposal of Radioactive Waste created pursuant to NRS
459.231 .
(Added to NRS by 1987, 1748; A 1997, 125)
COMMITTEE ON HIGH-LEVEL RADIOACTIVE WASTE
1. There is hereby created a Committee on High-Level Radioactive
Waste. It is a committee of the Legislature composed of:
(a) Four members of the Senate, appointed by the Majority Leader of
the Senate.
(b) Four members of the Assembly, appointed by the Speaker.
2. The Legislative Commission shall select a Chairman and a Vice
Chairman from the members of the Committee.
3. The Committee shall meet at the call of the Chairman to study
and evaluate:
(a) Information and policies regarding the location in this State
of a facility for the disposal of high-level radioactive waste;
(b) Any potentially adverse effects from the construction and
operation of a facility and the ways of mitigating those effects; and
(c) Any other policies relating to the disposal of high-level
radioactive waste.
4. The Committee shall report the results of its studies and
evaluations to the Legislative Commission and the Interim Finance
Committee at such times as the Legislative Commission or the Interim
Finance Committee may require.
5. The Committee may recommend any appropriate legislation to the
Legislature and the Legislative Commission.
6. The Director of the Legislative Counsel Bureau shall provide a
Secretary for the Committee on High-Level Radioactive Waste. Except
during a regular or special session of the Legislature, each member of
the Committee is entitled to receive the compensation provided for a
majority of the members of the Legislature during the first 60 days of
the preceding regular session for each day or portion of a day during
which he attends a Committee meeting or is otherwise engaged in the work
of the Committee plus the per diem allowance provided for state officers
and employees generally and the travel expenses provided pursuant to NRS
218.2207 . Per diem allowances, salary
and travel expenses of members of the Committee must be paid from the
Legislative Fund.
(Added to NRS by 1985, 685; A 1987, 399; 1989, 1221; 1995, 1454)
NUCLEAR PROJECTS
As used in NRS 459.009 to 459.0098 , inclusive, unless the context otherwise
requires:
1. “Agency” means the Agency for Nuclear Projects.
2. “Commission” means the Commission on Nuclear Projects.
3. “Executive Director” means the Executive Director of the Agency.
4. “Radioactive waste” is limited to:
(a) The highly radioactive material resulting from the reprocessing
of spent nuclear fuel, including liquid waste and any solid material
derived from the liquid waste that contains concentrations of matter
produced by nuclear fission sufficient to require permanent isolation, as
determined by the Nuclear Regulatory Commission;
(b) Spent nuclear fuel that has been withdrawn from a reactor
following irradiation and has not been separated into its constituent
elements by reprocessing; and
(c) Other material that the Nuclear Regulatory Commission
determines must be permanently isolated.
(Added to NRS by 1985, 2303)
1. The Commission on Nuclear Projects, consisting of seven
members, is hereby created.
2. The Commission consists of:
(a) Three members of the Governor’s own choosing.
(b) Two members chosen by the Governor from a list of three names
submitted to him by the Legislative Commission.
(c) Two members chosen by the Governor, one of whom is chosen from
a list of three names submitted to him by a statewide organization of
county governments and one of whom is chosen from a list of three names
submitted to him by a statewide organization of city governments.
3. The members of the Commission shall annually select a Chairman
from among themselves.
4. After the initial terms, members shall serve terms of 2 years.
5. Each member of the Commission is entitled to a salary of $80
for each day’s attendance at a meeting of the Commission.
(Added to NRS by 1985, 2303)
The
Commission shall:
1. Be informed on issues and developments relating to the disposal
of radioactive waste.
2. Report to the Governor and the Legislature on any matter
relating to the disposal of radioactive waste which it deems appropriate
and on any such matter requested by the Governor.
3. Advise and make recommendations to the Governor and the
Legislature on the policy of this State concerning all projects involving
the disposal of radioactive waste.
4. Formulate the administrative policies of the Agency and its
divisions.
5. Advise the state and local governments on litigation relating
to radioactive waste.
6. Adopt such regulations and perform such other duties as are
necessary to carry out the provisions of NRS 459.009 to 459.0098 , inclusive.
(Added to NRS by 1985, 2303)
1. The Agency for Nuclear Projects is hereby created within 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 submitted to the
Governor by the Commission.
(b) Possess broad management skills related to the functions of the
Agency and have the ability to coordinate planning and communication
among the Federal Government, the state and the local governments of this
State on issues related to radioactive waste.
(Added to NRS by 1985, 2304; A 1993, 1630; 1995, 1455)
The Executive Director shall:
1. Appoint, with the consent of the Commission, an Administrator
of each Division of the Agency.
2. Advise the Commission on matters relating to the potential
disposal of radioactive waste in this State.
3. Evaluate the potentially adverse effects of a facility for the
disposal of radioactive waste in this State.
4. Consult frequently with local governments and state agencies
that may be affected by a facility for the disposal of radioactive waste
and appropriate legislative committees.
5. Assist local governments in their dealings with the Department
of Energy and its contractors on matters relating to radioactive waste.
6. Carry out the duties imposed on the State by 42 U.S.C. §§ 10101
to 10226, inclusive, as those sections existed on July 1, 1995.
7. Cooperate with any governmental agency or other person to carry
out the provisions of NRS 459.009 to
459.0098 , inclusive.
8. Provide semiannual written reports to the Committee on
High-Level Radioactive Waste. The reports must contain:
(a) A summary of the status of the activities undertaken by the
Agency since the previous report;
(b) A description of all contracts the Agency has with natural
persons or organizations, including, but not limited to, the name of the
recipient of each contract, the amount of the contract, the duties to be
performed under the contract, the manner in which the contract assists
the Agency in achieving its goals and responsibilities and the status of
the performance of the terms of the contact;
(c) The status of any litigation relating to the goals and
responsibilities of the Agency to which the State of Nevada is a party;
and
(d) Any other information requested by the Legislative Committee.
(Added to NRS by 1985, 2304; A 1995, 1455)
The Executive Director may:
1. Provide information relating to radioactive waste to the
Legislature, local governments and state agencies that may be affected by
the disposal of radioactive waste in this State.
2. Consult branches and facilities of the Nevada System of Higher
Education or other institutions of higher education on matters relating
to radioactive waste.
3. Employ, within the limitations of legislative authorization,
technical consultants, specialists, investigators and other professional
and clerical employees as are necessary to the performance of his duties.
4. Make and execute contracts and all other instruments necessary
for the exercise of the duties of the office.
5. Obtain equipment and supplies necessary to carry out the
provisions of NRS 459.009 to 459.0098
, inclusive.
(Added to NRS by 1985, 2304; A 1993, 407)
1. The Administrator of each Division shall administer the
provisions of law relating to his Division under the supervision of the
Executive Director.
2. The Executive Director and the Administrator of each Division:
(a) Are in the unclassified service of the State.
(b) Except as otherwise provided in NRS 284.143 , shall devote their full time to the business
of the Agency and not engage in any other gainful employment or
occupation.
(Added to NRS by 1985, 2305; A 1995, 2315)
The Administrator of the Division of Technical Programs shall:
1. Evaluate the:
(a) Potential effects of radioactive waste upon the physical
environment;
(b) Potential health hazards from the disposal of radioactive
waste; and
(c) Design of and engineering techniques involved in a facility for
the disposal of radioactive waste.
2. Assure the quality of techniques and procedures used in
research involving radioactive waste and of any information developed as
a result of the research.
3. Analyze the geological and technical information which would
affect the feasibility and safety of locating a facility for the disposal
of radioactive waste in this State.
4. Perform any other duties assigned to him by the Executive
Director.
(Added to NRS by 1985, 2305)
The
Administrator of the Division of Planning shall:
1. Coordinate activities between the Agency, political
subdivisions of the State and affected state agencies.
2. Disseminate information to the State, interested political
subdivisions of the State or any agency of either and members of the
public regarding radioactive waste.
3. Study the effects of a facility for the disposal of radioactive
waste upon transportation and social and economic conditions in this
State.
4. Assess the means of mitigating the adverse effects of a
facility for the disposal of radioactive waste.
5. Perform any other duties assigned to him by the Executive
Director.
(Added to NRS by 1985, 2305)
STATE CONTROL OF RADIATION
General Provisions
As used in NRS 459.010 to 459.290 ,
inclusive, unless the context requires otherwise:
1. “By-product material” means:
(a) Any radioactive material, except special nuclear material,
yielded in or made radioactive by exposure to the radiation incident to
the process of producing or making use of special nuclear material; and
(b) The tailings or wastes produced by the extraction or
concentration of uranium or thorium from any ore which is processed
primarily for the extraction of the uranium or thorium.
2. “General license” means a license effective pursuant to
regulations adopted by the State Board of Health without the filing of an
application to transfer, acquire, own, possess or use quantities of, or
devices or equipment for utilizing, by-product material, source material,
special nuclear material or other radioactive material occurring
naturally or produced artificially.
3. “Health Division” means the Health Division of the Department
of Health and Human Services.
4. “Ionizing radiation” means gamma rays and X rays, alpha and
beta particles, high-speed electrons, neutrons, protons and other nuclear
particles, but not sound or radio waves, or visible, infrared or
ultraviolet light.
5. “Person” includes any agency or political subdivision of this
State, any other state or the United States, but not the Nuclear
Regulatory Commission or its successor, or any federal agency licensed by
the Nuclear Regulatory Commission or any successor to such a federal
agency.
6. “Source material” means:
(a) Uranium, thorium or any other material which the Governor
declares by order to be source material after the Nuclear Regulatory
Commission or any successor thereto has determined that material to be
source material.
(b) Any ore containing one or more of the materials enumerated in
paragraph (a) in such concentration as the Governor declares by order to
be source material after the Nuclear Regulatory Commission or any
successor thereto has determined the material in the concentration to be
source material.
7. “Special nuclear material” means:
(a) Plutonium, uranium 233, uranium enriched in the isotope 233 or
in the isotope 235 and any other material which the Governor declares by
order to be special nuclear material after the Nuclear Regulatory
Commission or any successor thereto has determined such material to be
special nuclear material, but does not include source material.
(b) Any material artificially enriched by any of the materials
enumerated in paragraph (a), but does not include source material.
8. “Specific license” means a license issued pursuant to the
filing of an application to use, manufacture, produce, transfer, receive,
acquire, own or possess quantities of, or devices or equipment for
utilizing, by-product material, source material, special nuclear material
or other radioactive material occurring naturally or produced
artificially.
(Added to NRS by 1963, 577; A 1975, 1327; 1979, 970; 1985, 517)
The Health
Division is hereby designated as the state radiation control agency, and
is authorized to take all action necessary or appropriate to carry out
the provisions of NRS 459.010 to
459.290 , inclusive.
(Added to NRS by 1963, 578; A 1975, 1328; 1979, 971)
For
the protection of public health and safety, the Health Division shall:
1. Develop and conduct programs for the evaluation of and response
to hazards associated with the use of sources of ionizing radiation.
2. Develop programs and formulate, with due regard for
compatibility with federal programs, regulations for adoption by the
State Board 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 to administer the
provisions of NRS 459.010 to 459.290
, inclusive.
4. Collect and disseminate information relating to control of
sources of ionizing radiation, including:
(a) Maintenance of a file of all license applications, issuances,
denials, amendments, transfers, renewals, modifications, suspensions and
revocations.
(b) Maintenance of a file of registrants possessing sources of
ionizing radiation which require registration pursuant to the provisions
of NRS 459.010 to 459.290 , inclusive. The file must include a record of
any administrative or judicial action pertaining to such registrants.
(c) Maintenance of a file of all regulations, pending or
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 Health Division may enter
at any reasonable time upon any private or public property for the
purpose of determining whether there is compliance with or violation of
the provisions of NRS 459.010 to
459.290 , inclusive, or of the rules and
regulations promulgated under NRS 459.010 to 459.290 ,
inclusive, and the owner, occupant or person in charge of such property
shall permit such entry and inspection.
2. Entry into areas under the jurisdiction of the Federal
Government shall be effected only with the concurrence of the Federal
Government or its duly designated representative.
3. Any report of investigation or inspection, or any information
concerning trade secrets or secret industrial processes obtained under
NRS 459.010 to 459.290 , inclusive, shall not be disclosed or opened
to public inspection except as may be necessary for the performance of
the functions of the State Board of Health.
(Added to NRS by 1963, 579; A 1975, 1330)
1. The Health Division shall require each person who acquires,
possesses or uses a source of ionizing radiation to maintain:
(a) Records relating to the receipt, storage, transfer or disposal
of such source.
(b) Appropriate records showing the radiation exposure of all
individuals for whom personnel monitoring is required by the rules and
regulations of the State Board of Health.
(c) Such other records as the Health Division may require, subject
to such exemptions as may be provided by any rule or regulation
promulgated by the State Board of Health.
2. Copies of any record enumerated in subsection 1 shall be
submitted to the Health Division upon request by the Division.
(Added to NRS by 1963, 579; A 1975, 1330)
1. The State Board of Health shall adopt reasonable regulations,
compatible with those of the Nuclear Regulatory Commission or any
successor to it, pertaining to reports of exposure of personnel.
2. Such regulations must require that reports of excessive
exposure be made to the person exposed and to the State Board of Health,
and must make provision for periodic and terminal reports to persons for
whom personnel monitoring is required.
3. The provisions of NRS 459.010
to 459.290 , inclusive, with respect to
the limits of the exposure of personnel established in regulations for
radiation control do not limit the kind or amount of radiation which may
be intentionally applied to a person for diagnostic or therapeutic
purposes by or under the direction of a licensed practitioner of the
healing arts.
(Added to NRS by 1963, 579; A 1975, 1330; 1983, 140)
1. The Governor, on behalf of this State, may enter into
agreements with the Federal Government providing for discontinuance of
certain responsibilities of the Federal Government relating to sources of
ionizing radiation and the assumption of such responsibilities by this
State.
2. Any person who, on the effective date of any such agreement,
possesses a license issued by the Federal Government shall be deemed to
possess such license pursuant to the provisions of NRS 459.010 to 459.290 ,
inclusive.
3. Such license shall expire either 90 days after receipt from the
State Board of Health of a notice of expiration of such license, or on
the date of expiration specified in such license, whichever is the
earlier.
(Added to NRS by 1963, 580)
1. The Health Division, on behalf of the State, may enter into one
or more agreements with the Federal Government, any interstate agency or
any other state committing this State to perform on a cooperative basis
with the Federal Government, any interstate agency or any other state
inspections or other functions relating to the control of sources of
ionizing radiation.
2. The Health Division may institute training programs for the
purpose of qualifying personnel to carry out the provisions of subsection
1, and may make such personnel available for participation in any program
or programs of the Federal Government, any interstate agency or any other
state in furtherance of the purposes of NRS 459.010 to 459.290 ,
inclusive.
(Added to NRS by 1963, 580; A 1975, 1330)
1. In any proceeding under NRS 459.010 to 459.290 ,
inclusive, for the granting, amending, suspension or revocation of any
license, or for determining compliance with, or granting exceptions to,
regulations adopted in accordance with NRS 459.010 to 459.290 ,
inclusive, the State Board of Health shall afford an opportunity for a
hearing on the record upon the request of any person whose interest may
be affected by such proceeding, and shall admit any such person as a
party to such proceeding.
2. The Board shall render a written decision at the conclusion of
every hearing, and the record and decision in every hearing shall be
available for inspection by any interested person.
(Added to NRS by 1963, 580; A 1977, 74)
1. Any disciplinary action taken by a hearing officer or panel
pursuant to NRS 459.235 is subject to
the same procedural requirements which apply to disciplinary actions
taken by the State Board of Health pursuant to NRS 459.100 , and the officer or panel has those powers and
duties given to the Board in relation thereto.
2. A decision of the hearing officer or panel imposing an
administrative penalty is a final decision for the purposes of judicial
review.
(Added to NRS by 1983, 1531; A 1995, 1587)
1. If the Health Division finds that an emergency exists requiring
immediate action to protect the public health and safety, the Division
may, without notice or hearing, issue an order reciting the existence of
such an emergency and requiring that such action be taken as is
considered necessary to meet the emergency.
2. Any person to whom such an order is directed shall comply
immediately with the order, but on application to the Health Division he
must be afforded a hearing.
3. The emergency order specified in subsection 1 must be
continued, modified or revoked within 30 days after the hearing.
(Added to NRS by 1963, 581; A 1975, 1331; 1977, 75; 1995, 1588)
1. The Department of Transportation shall:
(a) Conduct an analysis of the risks involved in the transportation
of controlled quantities of radioactive materials and high-level
radioactive waste within this State;
(b) Consult with each regional transportation commission and the
governing body of the largest city in each county which does not have a
regional transportation commission to determine the safest routes for the
transportation of controlled quantities of radioactive materials and
high-level radioactive waste; and
(c) Develop and enforce a plan for the routing of shipments of
controlled quantities of radioactive materials and high-level radioactive
waste in this State.
2. The Department of Transportation shall cooperate with the
United States Department of Transportation, interstate regional
transportation commissions and states contiguous to Nevada to develop
plans for the interstate routing of shipments of controlled quantities of
radioactive materials and high-level radioactive waste.
3. The Department of Transportation may:
(a) Adopt regulations necessary to carry out the provisions of this
section.
(b) Cooperate with federal, state and local governmental agencies
that regulate other hazardous materials.
4. As used in this section, unless the context otherwise requires:
(a) “Controlled quantity” has the meaning ascribed to “highway
route controlled quantity” in 49 C.F.R. § 173.403(l);
(b) “High-level radioactive waste” has the meaning ascribed to that
term in 10 C.F.R. § 60.2; and
(c) “Radioactive material” has the meaning ascribed to that term in
49 C.F.R. § 173.403(y),
Ê as those sections existed on January 1, 1987.
(Added to NRS by 1987, 1521)
Possession, Transfer and Disposal of Radioactive Material
1. The State Board of Health shall, with due regard for
compatibility with federal programs, adopt regulations for:
(a) General or specific licensing of persons to receive, possess or
transfer radioactive materials, or devices or equipment utilizing 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 ionizing radiation
which do not require specific licensing.
(b) Compliance with specific standards to be promulgated by the
State Board of Health.
3. The State Board of Health may exempt certain sources of
ionizing radiation, or kinds of uses or users of such sources, from the
licensing or registration requirements set forth in this section if the
Board 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 significant risk to the health and safety of the public.
4. Regulations promulgated pursuant to NRS 459.010 to 459.290 ,
inclusive, may provide for recognition of such other state or federal
licenses as the State Board of Health may consider desirable, subject to
such registration requirements as the State Board of Health may prescribe.
(Added to NRS by 1963, 579; A 1967, 1175; 1973, 1406; 1975, 1329;
1981, 232)—(Substituted in revision for NRS 459.040)
The State Board of Health
shall establish by regulation:
1. License fees and any other fees for the operation of
state-owned areas in an amount sufficient to defray all costs of
monitoring, securing or otherwise regulating the storage or disposal of
radioactive materials. The person who contracts with the State for the
operation of such an area is responsible for the payment of these fees.
2. Procedures for the collection of interest on delinquent fees
and other accounts for the operation of disposal areas.
3. Penalties of no more than $3,000 per day for each separate
failure to comply with an agreement, license, regulation or statute
governing the operation of a disposal area.
4. License fees and other fees for the use of such an area to
store or dispose of radioactive materials, which are chargeable against
shippers or brokers in amounts sufficient to defray the costs to the
State of inspecting, monitoring, securing or otherwise regulating their
use of the area. In addition, the Board may establish by regulation a fee
chargeable against shippers and brokers for revenue for the State of
Nevada. Before establishing a fee for revenue, the Board must consider
the amounts of the fees for licensing and disposal which are chargeable
against the users of such areas in other states, in order that a shipper
or broker be neither encouraged nor discouraged from disposing of such
waste in this State, and that he base his decision about where to dispose
of the waste primarily on the cost of transportation to the areas which
are available for disposal. The regulations adopted pursuant to this
subsection may include a method for the collection of fees from the users
of an area, and each of the fees may be a percentage of the fee paid by a
user to the operator of the area. The Board shall report to the
Legislature at the end of January of odd-numbered years the amounts of
revenue paid to the State for the 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)
1. A shipper or producer of radioactive waste, or a broker 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
from the Health Division to use the disposal area. The Health Division
shall order a shipment of such waste from an unlicensed shipper or broker
to be returned to him, except for a package which has leaked or spilled
its contents, unless the package has been securely repackaged for return.
2. The Health Division shall issue a license to use a disposal
area to a shipper or broker who demonstrates to the satisfaction of the
Division that he will package and label the waste he transports or causes
to be transported to the disposal area in conformity with the regulations
of the State Board of Health. The Director of the Department of Health
and Human Services may designate third parties to inspect and make
recommendations concerning such shippers and brokers and their shipments.
3. A shipper or broker violates this section if he transports or
causes to be transported to a disposal area any such waste:
(a) Which is not packaged or labeled in conformity with regulations
of the State Board of Health;
(b) Which is not accompanied by a bill of lading or other shipping
document prescribed by that Board; or
(c) Which leaks or spills from its package, unless, by way of
affirmative defense, the shipper or broker proves that the carrier of the
waste was responsible for the leak or spill,
Ê and if licensed by the Health Division, he may be assessed an
administrative penalty by the Health Division of not more than $5,000, or
if not licensed, he is guilty of a misdemeanor.
4. Each container of such waste which is not properly packaged or
labeled, or leaks or spills its contents, constitutes a separate
violation, but the total amount of the penalty or fine for any one
shipment must not exceed $20,000. The Health Division in assessing an
administrative penalty, or the court in imposing a fine for a
misdemeanor, shall consider the substantiality of the violation and the
injury or risk of injury to persons or property in this State.
5. The Health Division, or the Board pursuant to NRS 459.100
, may suspend or revoke a license to use
a disposal area if it finds that the licensee has violated any provision
of this chapter. If a license has been revoked or suspended, it may be
reinstated only if the licensee demonstrates to the Health Division that
he will comply with the provisions of this chapter in all future
shipments of waste.
(Added to NRS by 1981, 230; 1983, 504)
1. There is hereby created as a special revenue fund in the State
Treasury a Fund for the Care of Sites for the Disposal of Radioactive
Waste. The Director of the Department of Health and Human Services is
responsible for the administration of the Fund. All money held by the
State Treasurer or received by the Director for that purpose must be
deposited in the Fund.
2. The money in the Fund must be invested as other state funds are
invested. All interest earned on the deposit or investment of the money
in the Fund must be credited to the Fund, except that all interest earned
on the money in the Account created pursuant to section 5 of chapter 374,
Statutes of Nevada 1961, must be credited to that Account.
3. The Director may expend the annual income from the Fund for the
purpose for which the Fund is created, and any income of the Fund which
is unexpended at the end of any year must be added to the principal of
the Fund. Except as otherwise provided in section 5 of chapter 374,
Statutes of Nevada 1961, the principal of the Fund may be expended if
approved by the Legislature when in regular session or by the Interim
Finance Committee when the Legislature is not in session. Claims against
the Fund must be paid as other claims against the State are paid.
(Added to NRS by 1981, 231; A 1983, 310; 1997, 126)
1. All penal fines imposed in the name of a county for violations
of the provisions of NRS 459.010 to
459.290 , inclusive, or any regulation
or order adopted or issued pursuant to those provisions, must be
deposited in the Fund for the Care of Sites for the Disposal of
Radioactive Waste.
2. The State Board of Health may delegate to a hearing officer or
panel its authority to take any disciplinary action pursuant to NRS
459.010 to 459.290 , inclusive, impose and collect administrative
penalties therefor and deposit the money therefrom in the Fund for the
Care of Sites for the Disposal of Radioactive Waste.
3. If a hearing officer or panel is not authorized to take
disciplinary action pursuant to subsection 2 and the State Board of
Health deposits the money collected from the imposition of administrative
fines with the State Treasurer for credit to the State General Fund, it
may present a claim to the State Board of Examiners for recommendation to
the Interim Finance Committee if money is needed to pay attorney’s fees
or the costs of an investigation, or both.
(Added to NRS by 1981, 231; A 1983, 1532; 1997, 126)
Enforcement, Violations and Penalties
1. Peace officers of the Nevada Highway Patrol shall enforce those
provisions of NRS 459.221 and 459.7052
to 459.728 , inclusive, which govern the transport and
handling of radioactive waste as they affect the safety of drivers or
vehicles, the leakage or spill of radioactive waste from its package or
the emission of ionizing radiation in an unsafe amount as established by
the regulations of the State Board of Health.
2. The peace officer may:
(a) Impound a vehicle with unsafe equipment; or
(b) Detain a vehicle, if any waste has leaked or spilled from its
package or if he has detected the emission of ionizing radiation in an
unsafe amount, and order the driver of the vehicle to park it in 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 officer designated 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 be repackaged;
or
(d) Any other appropriate precaution or remedy,
Ê at the expense of the shipper or broker, carrier or other person who is
responsible as determined by the Health Division.
(Added to NRS by 1981, 231; A 1985, 1996; 1993, 846; 1997, 2002;
1999, 3349 )
In the event of an emergency, the Health Division may impound,
or order the impounding of, sources of ionizing radiation in the
possession of any person who is not equipped to observe, or who fails to
observe, any provision of NRS 459.010
to 459.290 , inclusive, or any rules or
regulations issued under NRS 459.010 to
459.290 , inclusive.
(Added to NRS by 1963, 581; A 1975, 1331)—(Substituted in revision
for NRS 459.150)
1. If, in the judgment of the Health Division, any person is
engaged in or is about to engage in any act or practice which constitutes
or will constitute a violation of any provision of NRS 459.010 to 459.290 ,
inclusive, or any rule, regulation or order issued under NRS 459.010
to 459.290 , inclusive, the Division may request the
Attorney General to apply to the district court for an order enjoining
such act or practice, or for an order directing compliance with any
provision of NRS 459.010 to 459.290
, inclusive, or any rule, regulation or
order issued under NRS 459.010 to
459.290 , inclusive.
2. Upon a showing by the Health Division that such person has
engaged in or is about to engage in any such act or practice, a permanent
or temporary injunction, restraining order or other appropriate order may
be granted by the court.
(Added to NRS by 1963, 581; A 1975, 1331)—(Substituted in revision
for NRS 459.140)
1. A person who is employed at an area used for the disposal of
radioactive waste and removes from the disposal area any of that waste,
or without prior written authorization from the State Health Officer
removes from the disposal area for his own personal use any machinery or
equipment belonging to the operator of the area and used within the area
where the waste is buried, shall be punished by imprisonment in the
county jail for not more than 1 year, or by a fine of not more than
$10,000, or by both fine and imprisonment.
2. If a person who violates this section is employed by the
operator of the disposal area, the operator may be assessed an
administrative penalty of not more than $10,000, in addition to any other
penalty provided by law.
(Added to NRS by 1981, 231)
Every person is guilty of a misdemeanor
who:
1. Uses, manufactures, produces, or knowingly transports,
transfers, receives, acquires, owns or possesses any source of ionizing
radiation which has not been licensed or registered in accordance with
the provisions of NRS 459.010 to
459.290 , inclusive, and the regulations
adopted under them.
2. Violates any of the provisions of NRS 459.010 to 459.290 ,
inclusive, or any regulation or order adopted or issued under them.
(Added to NRS by 1963, 581; A 1979, 971)—(Substituted in revision
for NRS 459.160)
REGULATION OF MILLS AND BY-PRODUCTS
The Legislature finds that
tailings from active and inactive uranium and thorium mills pose a
potential hazard from radiation to the health of persons in this State.
It is essential for this State to regulate the activities of such mills
to:
1. Assure that every reasonable effort is made to provide for the
stabilization, disposal and control of such tailings in a safe and
environmentally sound manner.
2. Minimize or prevent the diffusion of radon and other
environmental hazards from such tailings.
3. Reduce to the greatest extent practicable the need for
long-term treatment and surveillance of such tailings.
(Added to NRS by 1981, 901)
1. The State Board of Health may establish by regulation:
(a) Fees for licensing, monitoring, inspecting or otherwise
regulating mills or other operations for the concentration, recovery or
refining of uranium, which must be in amounts which are reasonably
related to the cost of licensing, monitoring, inspecting and regulating.
Payment of the fees is the responsibility of the person applying for a
license or licenses to engage in uranium concentration, recovery or
refining.
(b) Fees for the care and maintenance of radioactive tailings and
residues at inactive uranium concentration, recovery or refining sites.
The fees must be based on a unit fee for each pound of uranium oxide
produced in the process which also produced the tailings or residue.
Payment of the fees is the responsibility of the person licensed to
engage in uranium concentration, recovery or refining. The regulations
must provide for a maximum amount to be paid for each operation.
(c) A requirement for persons licensed by the State to engage in
uranium concentration, recovery or refining to post adequate bonds or
other security to cover costs of decontaminating, decommissioning and
reclaiming the sites used for concentrating, recovering or refining
uranium if the licensee abandons the site or neglects or refuses to
satisfy the requirements of the State. The State Board of Health shall
determine the amount of the security. The amount of the security may be
reviewed by the Board from time 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 and property.
2. The money received pursuant to paragraph (a) of subsection 1
must be deposited in the State Treasury for credit to the Fund for
Licensing of Uranium Mills, which is hereby created as a special revenue
fund, for the purpose of defraying the cost of licensing, monitoring,
inspecting or otherwise regulating mills or other operations for the
concentration, recovery or refining of uranium. The money received
pursuant to paragraph (b) of subsection 1 must be deposited in the State
Treasury for credit to the Fund for Care of Uranium Tailings, which is
hereby created as a special revenue fund, for the purpose of the care and
maintenance of radioactive tailings and residues accumulated at inactive
uranium concentration, recovery or refining sites to protect the public
health, safety and property. All interest earned on the deposit or
investment of the money in the Fund for Care of Uranium Tailings must be
credited to that Fund. The Administrator of the Health Division shall
administer both Funds. Claims against either Fund, approved by the State
Health Officer, must be paid as other claims against the State are paid.
(Added to NRS by 1979, 969; A 1983, 837)
Before a
license for the processing or extraction of ores primarily for obtaining
their content of source material and disposing of by-product material is
issued, the Health Division of the Department of Health and Human
Services shall:
1. Hold a hearing.
2. Provide a written analysis of the effect of the activity on the
environment which must include:
(a) An assessment of the radiological and nonradiological effects
on the public health;
(b) An assessment of any effect on any waterway and groundwater;
(c) A summary of any alternatives to the activity being considered;
and
(d) A summary of the long-term effect of the activity.
(Added to NRS by 1981, 901; A 1995, 1588)
Any
specific license issued or renewed after July 1, 1981, for any activity
which results in the production of by-product material must contain the
terms and conditions determined by the State Board of Health to be
necessary to assure that before the termination of the activity:
1. The licensee will comply with the standards for
decontamination, decommission and reclamation prescribed by the State
Board of Health, which must be as stringent as those standards set by the
U.S. Nuclear Regulatory Commission, or its successor agency, for sites:
(a) At which ores were processed primarily for their content of
uranium or thorium; and
(b) At which by-product material is deposited.
2. Ownership of any disposal site and the by-product material
which resulted from the licensed activity will, upon termination of the
license and subject to the provisions of NRS 459.340 , be transferred to the United States or to the
State of Nevada if the State of Nevada exercises the option to acquire
them.
3. If ownership of the disposal site and the by-product material
which resulted from the licensed activity is transferred to the United
States upon termination of the state license, the money collected by the
State from the licensee for long-term surveillance and maintenance of the
site must be paid to the United States.
(Added to NRS by 1981, 901)
1. Before the termination of activity licensed under NRS 459.330
, title to any disposal site and to the
by-product material which resulted from the activity, including any
interests therein other than land:
(a) Held in trust by the United States for any Indian tribe;
(b) Owned by an Indian tribe subject to a restriction against
alienation imposed by the United States; or
(c) Owned by the United States or by the State of Nevada which is
used for the disposal of by-product material,
Ê must be transferred to the United States or to the State of Nevada
unless the Nuclear Regulatory Commission or its successor agency
determines, before the termination of the activity, that transfer of
title is not necessary to protect the public health, safety or welfare of
the persons of the State or to minimize any danger to life or property.
2. If title is transferred to the State of Nevada, the State Land
Registrar shall assign the land for administration to the State Board of
Health, which shall maintain the by-product material and land in such a
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 been
placed in its custody.
4. The transfer of title does not relieve any licensee of
liability for any fraudulent or negligent acts done before the transfer.
5. Except for costs of administration and the legal fees of the
transferee, the by-product material and land transferred to the United
States or to the State of Nevada must be transferred without cost to the
transferee.
(Added to NRS by 1981, 902)
The State Board of Health may require
persons who are exempt from licensing to monitor or perform remedial work
with respect to by-product material or uranium or thorium on their
property and to obey such other regulations as the Board deems necessary
to protect health or minimize danger to life or property.
(Added to NRS by 1981, 902)
Management of
by-product material must conform to the applicable standards of the
Nuclear Regulatory Commission which are in effect on July 1, 1981.
(Added to NRS by 1981, 903)
It is unlawful for any person to construct a
facility for the processing of ore for uranium or thorium or to dispose
of by-product material without a license.
(Added to NRS by 1981, 902)
REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES
General Provisions
The Legislature hereby
declares that the purposes of NRS 459.380 to 459.3874 , inclusive, are to:
1. Protect the health, safety and general welfare of the residents
of this State from the effects of the improper handling of hazardous
chemicals or explosives at the point where:
(a) The chemicals are produced, used or stored in this State; or
(b) The explosives are manufactured for sale in this State;
2. Ensure that the employees of this State who are required to
work with hazardous chemicals or explosives are guaranteed a safe and
healthful working environment;
3. Protect the natural resources of this State by preventing and
mitigating accidental or unexpected releases of hazardous chemicals into
the environment; and
4. Ensure the safe and adequate handling of:
(a) Hazardous chemicals that are produced, used, stored or handled
in this State; and
(b) Explosives that are manufactured for sale in this State.
(Added to NRS by 1991, 1994; A 1999, 1125 )
As used in NRS 459.380 to 459.3874 , inclusive, unless the context otherwise
requires, the words and terms defined in NRS 459.3806 to 459.38125 , inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 1991, 1994; A 1999, 1125 , 1919 , 2007 ; 2003, 1595 )
“Division” means the Division of
Environmental Protection of the State Department of Conservation and
Natural Resources.
(Added to NRS by 1991, 1994)
“Facility” means a building,
equipment and contiguous area where:
1. Highly hazardous substances are produced, used, stored or
handled; or
2. Explosives are manufactured for sale.
(Added to NRS by 1991, 1994; A 1999, 1125 ; 2003, 1595 )—(Substituted in revision for NRS 459.381)
“Process” means:
1. Any activity that involves a highly hazardous substance or
explosive, including, without limitation, the use, storage, manufacture,
handling or on-site movement, or any combination thereof of the substance
or explosive.
2. A group of vessels that are used in connection with such an
activity, including vessels that are:
(a) Interconnected; or
(b) Separate, but located in such a manner that a highly hazardous
substance or explosive could potentially be released, including, without
limitation, the release, fire or explosion in one vessel that could cause
a release, fire or explosion in another vessel.
3. As used in this section:
(a) “Explosive” means any material designated as subject to
regulation as an explosive pursuant to NRS 459.3816 ; and
(b) “Highly hazardous substance” means a substance designated as
highly hazardous pursuant to NRS 459.3816 .
(Added to NRS by 1999, 2006 ; A 2003, 1595 )
“Vessel” means a reactor, tank,
drum, barrel, cylinder, vat, kettle, boiler, pipe, hose or other
container.
(Added to NRS by 1999, 2007 )
1. Except as otherwise provided in this section and NRS 459.3814
, the provisions of NRS 459.380 to 459.3874 , inclusive, and any regulations adopted
pursuant thereto, apply to a facility:
(a) That is constructing or operating a process which involves a
highly hazardous substance in a quantity:
(1) Equal to or greater than the amount designated pursuant
to NRS 459.3816 ; or
(2) Less than the amount designated pursuant to NRS 459.3816
if there are two or more releases from
the facility of the same or different highly hazardous substances during
any 12-month period and:
(I) The release of the highly hazardous substances is
reportable pursuant to 40 C.F.R. Part 302; or
(II) Each quantity released is equal to or greater
than a maximum quantity allowable as established by regulation of the
State Environmental Commission; or
(b) Where explosives are manufactured for sale.
2. The owner or operator of a facility that is constructing or
operating a process described in subsection 1 shall ensure that each
process constructed or operated by the facility complies with the
provisions of NRS 459.380 to 459.3874
, inclusive, and any regulations
adopted pursuant thereto.
3. A facility described in subparagraph (2) of paragraph (a) of
subsection 1 is exempt from the provisions of NRS 459.380 to 459.3874 , inclusive, and any regulations adopted
pursuant thereto if:
(a) The Division determines that the owner or operator of the
facility has complied with such provisions of NRS 459.380 to 459.3874 , inclusive, and the regulations adopted
pursuant thereto, as the Division requires; and
(b) The owner or operator of the facility obtains an exemption from
the State Environmental Commission. The State Environmental Commission
shall adopt by regulation the procedures for obtaining such an exemption.
4. As used in this section:
(a) “Explosive” means any material designated as subject to
regulation as an explosive pursuant to NRS 459.3816 .
(b) “Highly hazardous substance” means a substance designated as
highly hazardous pursuant to NRS 459.3816 .
(Added to NRS by 1997, 1396; A 1999, 1126 ; 2003, 1596 )
The provisions of NRS 459.380 to 459.3874 , inclusive, do not apply to:
1. The transportation of any hazardous substances within or
through this State which is regulated by the State or the United States
Department of Transportation.
2. Any final use of anhydrous ammonia for an agricultural purpose,
including storage of the substance on the premises of a farm.
3. Activities which are regulated pursuant to both 30 U.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
1. The State Environmental Commission shall adopt regulations:
(a) Designating a list of highly hazardous substances, including,
without limitation, any chemical, the release of which into the
environment or the involvement of which in a fire or explosion would
produce a significant likelihood that persons exposed would suffer death
or substantial bodily harm as a consequence of the exposure; and
(b) Designating for each such substance a quantity which requires
the regulation of that substance pursuant to NRS 459.380 to 459.3874 , inclusive, and any regulations adopted
pursuant thereto.
2. The Division shall regularly examine sources of information
available to it, including, without limitation, studies, guidelines and
regulations of the Federal Government and the provisions set forth in 29
U.S.C. § 655 and 42 U.S.C. § 7412(r), and may propose that the State
Environmental Commission add or delete a substance or otherwise amend the
list of substances and quantities adopted pursuant to subsection 1.
3. The State Environmental Commission shall adopt regulations
designating specific materials that are subject to regulation as
explosives pursuant to NRS 459.380 to
459.3874 , inclusive, and any
regulations adopted pursuant thereto.
4. The Division shall regularly examine sources of information
available to it, including, without limitation, studies, guidelines and
regulations of the Federal Government and the provisions set forth in 18
U.S.C. §§ 841, et seq., and shall consult with the Division of Industrial
Relations of the Department of Business and Industry to determine
materials that should be regulated as explosives. The Division may
propose that the State Environmental Commission add or delete a material
or otherwise amend the list of materials adopted pursuant to subsection 3.
(Added to NRS by 1991, 1995; A 1993, 590, 1630; 1997, 1398; 1999,
1116 , 1212 ; 2001, 79 ; 2003, 1597 )
1. In addition to the regulations required to be adopted pursuant
to NRS 459.380 to 459.3874 , inclusive, the State Environmental
Commission shall adopt such other regulations as are necessary to carry
out the purposes and enforce the provisions of NRS 459.380 to 459.3874 , inclusive. The regulations must include,
without limitation:
(a) Specifications for the applicability of the provisions of NRS
459.380 to 459.3874 , inclusive, and any regulations adopted
pursuant thereto;
(b) The establishment of a program for the prevention of accidental
releases of chemicals that satisfies the provisions of the chemical
process safety standard set forth pursuant to 29 U.S.C. § 655;
(c) Provisions necessary to enable the Division to administer and
enforce the provisions of NRS 459.380
to 459.3874 , inclusive, and any
regulations adopted pursuant thereto;
(d) Requirements for the registration of a facility with the
Division; and
(e) Provisions to ensure that the public is involved in the process
of evaluating proposed regulatory actions that may affect the public.
2. The Division shall:
(a) Administer and enforce the provisions of NRS 459.380 to 459.3874 , inclusive, and any regulations adopted
pursuant thereto; and
(b) Make every effort to involve advisory councils on hazardous
materials, where they exist, the governing bodies of local governments
and other interested persons in explaining actions taken pursuant to
those sections and the regulations adopted pursuant thereto.
3. The State Environmental Commission must apply the provisions of
NRS 459.380 to 459.3874 , inclusive, to dealers of liquefied petroleum
gas who sell, fill, refill, deliver or are permitted to deliver any
liquefied petroleum gas in a manner that is consistent with 42 U.S.C. §
7412(r)(4)(B).
4. As used in this section, “liquefied petroleum gas” has the
meaning ascribed to it in NRS 590.475 .
(Added to NRS by 1991, 1998; A 2003, 1601 )
1. The Division shall enter into cooperative agreements with state
and local agencies to provide inspections of facilities where explosives
are manufactured, or where an explosive is used, processed, handled,
moved on site or stored in relation to its manufacture. The Division
shall schedule the inspections in such a manner as to provide an
opportunity for participation by:
(a) A representative of the fire-fighting agency that exercises
jurisdiction over the facility;
(b) A representative of the law enforcement agency that exercises
jurisdiction over the facility; and
(c) Representatives of the Division and any other state agency
responsible for minimizing risks to persons and property posed by such
facilities.
2. The owner or operator of such a facility shall make the
facility available for the inspections required by this section at such
times as are designated by the Division.
3. Any inspection of a facility conducted pursuant to this section
is in addition to, and not in lieu of, any other inspection of the
facility required or authorized by state statute or regulation, or local
ordinance.
4. Notwithstanding any provision of this section to the contrary,
the provisions of this section do not apply to the mining industry.
(Added to NRS by 1999, 1918 ; A 2003, 1601 )
1. The Division may investigate an accident occurring in
connection with a process that involves one or more highly hazardous
substances or explosives at a facility which results in an uncontrolled
emission, fire or explosion and which presented an imminent and
substantial danger to the health of the employees of the facility, the
public health or the environment, to determine the cause of the accident
if the owner or operator of the facility:
(a) Is unwilling to commence and has not commenced an investigation
in a timely manner; or
(b) Is not capable of and has not retained expertise capable of
conducting an investigation.
2. If the Division chooses to conduct such an investigation, the
owner or operator of the facility shall, in a manner consistent with the
safety of the employees of the Division and the facility, and without
placing an undue burden on the operation of the facility, cooperate with
the Division by:
(a) Allowing the Division:
(1) To investigate the accident site and directly related
facilities, including, without limitation, control rooms;
(2) To examine physical evidence; and
(3) If practicable, to inspect equipment both externally and
internally;
(b) Providing the Division with pertinent documents; and
(c) Allowing the Division to conduct independent interviews of the
employees of the facility, subject to all rights of the facility and the
employees to be represented by legal counsel, management representatives
and union representatives during the interviews.
3. To the maximum extent feasible, the Division shall coordinate
any investigation it conducts pursuant to this section with
investigations conducted by other agencies with jurisdiction over the
facility to minimize any adverse impact on the facility and its employees.
4. The Division may contract for the services of a technical
expert in conducting an investigation pursuant to this section and may
recover its costs for such services from the owner or operator of the
facility.
5. If an investigation is conducted by the Division pursuant to
this section, all costs incurred by the Division in conducting the
investigation, including, without limitation, the costs of services
provided pursuant to subsection 4, may be recovered by the Division from
the owner or operator of the facility at which the accident occurred.
6. The State Environmental Commission may adopt regulations
setting forth the procedures governing an investigation conducted by the
Division pursuant to this section and the procedures for the recovery by
the Division of all costs incurred by the Division in conducting the
investigation.
(Added to NRS by 2003, 1594 )
1. The Health Division of the Department of Health and Human
Services, the Division of Industrial Relations of the Department of
Business and Industry and any other governmental entity or agency of the
State responsible for minimizing risks to persons and property posed by
facilities and hazardous substances shall submit to the Division of
Environmental Protection such reports as the Division deems necessary to
carry out the provisions of NRS 459.380
to 459.3874 , inclusive, and any
regulations adopted pursuant thereto. The reports must be submitted at
such times and contain such information as required by the Division.
2. The State Environmental Commission shall adopt by regulation
common reporting forms to be used by such governmental entities and
agencies when reporting information related to hazardous substances and
facilities.
3. The Division shall review the rules, regulations, standards,
codes and safety orders of other governmental entities and agencies of
the State responsible for minimizing risks to persons and property posed
by facilities and hazardous substances to ensure that they are sufficient
to carry out the provisions of NRS 459.380 to 459.3874 , inclusive, and any regulations adopted
pursuant thereto.
4. If the Division and any other governmental entity or agency of
the State have coexisting jurisdiction over the regulation of facilities
or hazardous substances located at such facilities, the Division has the
final authority to take such actions as are necessary to carry out the
provisions of NRS 459.380 to 459.3874
, inclusive, and any regulations
adopted pursuant thereto.
(Added to NRS by 1991, 1998; A 1993, 594, 1634; 2003, 1602 )
1. The owner or operator of a facility shall, upon request, submit
any records, reports or other information to the Division that the
Division deems necessary to administer and enforce the provisions of NRS
459.380 to 459.3874 , inclusive, and any regulations adopted
pursuant thereto.
2. Except as otherwise provided in this section, any records,
reports or other information obtained pursuant to NRS 459.380 to 459.3874 , inclusive, or any regulation adopted
pursuant thereto must be made available to the public for inspection and
copying.
3. The Division shall protect the confidentiality of any
information obtained by the Division, including, without limitation, any
information obtained through an observation made by the Division during a
visit to a facility if:
(a) The owner or operator of the facility from which the
information was obtained or which was visited requests such protection;
and
(b) The information satisfies the conditions for protection as a
trade secret pursuant to subsection 4.
4. Information is entitled to protection as a trade secret under
this section only if:
(a) The information has not been disclosed to any other person,
other than a member of a local emergency planning committee, an officer
or employee of the United States or a state or local government, an
employee of such a person, or a person who is bound by an agreement of
confidentiality, and the owner or operator of the facility has taken
reasonable measures to protect the confidentiality of the information and
intends to continue to take such measures;
(b) The information is not required to be disclosed, or otherwise
made available, to the public under any other federal or state law;
(c) Disclosure of the information is likely to cause substantial
harm to the competitive position of the owner or operator of the
facility; and
(d) The chemical identity of a substance, if that is the
information, is not readily discoverable through analysis of the product
containing it or scientific knowledge of how such a product must be made.
5. The State Environmental Commission shall adopt regulations for
the protection of the confidentiality of information entitled to
protection as a trade secret pursuant to this section.
6. The person requesting the copy or copies of the public records,
shall tender or pay to the Division such fee as may be prescribed for the
service of copying.
(Added to NRS by 1991, 2008; A 2003, 1603 )
1. The owner or operator of a facility shall pay to the Division
an annual fee based on the fiscal year. The annual fee for each facility
is the sum of a base fee set by the State Environmental Commission and
any additional fee imposed by the Commission pursuant to subsection 2.
The annual fee must be prorated and may not be refunded.
2. The State Environmental Commission may impose an additional fee
upon the owner or operator of a facility in an amount determined by the
Commission to be necessary to enable the Division to carry out its duties
pursuant to NRS 459.380 to 459.3874
, inclusive, and any regulations
adopted pursuant thereto. The additional fee must be based on a graduated
schedule adopted by the Commission which takes into consideration the
quantity of hazardous substances located at each facility.
3. After the payment of the initial annual fee, the Division shall
send the owner or operator of a facility a bill in July for the annual
fee for the fiscal year then beginning which is based on the applicable
reports for the preceding year.
4. The State Environmental Commission may modify the amount of the
annual fee required pursuant to this section and the timing for payment
of the annual fee:
(a) To include consideration of any fee paid to the Division for a
permit to construct a new process or commence operation of a new process
pursuant to NRS 459.3829 ; and
(b) If any regulations adopted pursuant to NRS 459.380 to 459.3874 , inclusive, require such a modification.
5. The owner or operator of a facility shall submit, with any
payment required by this section, the business license number assigned by
the Department of Taxation upon compliance by the owner with NRS 360.780
.
6. All fees fines, penalties and other money collected pursuant to
NRS 459.380 to 459.3874 , inclusive, and any regulations adopted
pursuant thereto, other than a fine collected pursuant to subsection 3 of
NRS 459.3834 , must be deposited with
the State Treasurer for credit to the Fund for Precaution Against
Chemical Accidents, which is hereby created as a special revenue fund.
All interest earned on the money in the Fund must be credited to the Fund.
(Added to NRS by 1991, 1999; A 1993, 907; 1999, 1126 , 2007 ; 2003, 346 , 1604 ; 2003, 20th Special Session, 207 )
1. No owner or operator of a facility may commence construction or
operation of any new process that will be subject to regulation pursuant
to NRS 459.380 to 459.3874 , inclusive, or any regulation adopted
pursuant thereto, unless he first obtains all appropriate permits from
the Division to construct the new process and commence operation of the
new process. Before issuing any such permits, the Division of
Environmental Protection shall consult with the Division of Industrial
Relations of the Department of Business and Industry.
2. An application for such a permit must be submitted on a form
prescribed by the Division of Environmental Protection.
3. The State Environmental Commission shall adopt regulations
establishing the requirements for the issuance of a permit pursuant to
this section. An applicant shall comply with requirements that the State
Environmental Commission establishes by regulation for the issuance of a
permit before the applicant may receive a permit from the Division for
the construction and operation of the process.
4. The Division may charge and collect a fee for the issuance of
such a permit.
(Added to NRS by 1999, 2007 ; A 2003, 346 , 1605 )
1. The State Environmental Commission shall adopt regulations
setting forth:
(a) The records, reports and information submitted to the Division
which must contain a certification; and
(b) The requirements of such certifications.
2. Each certification must be signed by the sole proprietor of the
facility, the highest ranking corporate officer or partner at the
facility, the manager of the facility, or a person designated by any one
of those persons to sign the certification.
(Added to NRS by 1991, 2001; A 2003, 1605 )
1. The State Department of Conservation and Natural Resources may,
in accordance with the authority granted to it pursuant to NRS 445B.205
, apply for and accept any delegation
of authority and any grant of money from the Federal Government for the
purpose of establishing and carrying out a program to prevent and
minimize the consequences of the accidental release of hazardous
substances in accordance with the provisions of 42 U.S.C. § 7412(r).
2. The State Environmental Commission may adopt regulations
necessary to establish and carry out such a program.
(Added to NRS by 1997, 1397; A 2003, 1605 )
1. A person shall not knowingly:
(a) Violate any provision of NRS 459.380 to 459.3874 , inclusive, or any regulation adopted
pursuant thereto;
(b) Make any false material statement, representation or
certification in any required form, notice or report; or
(c) Render inaccurate any required monitoring device or method.
2. Except as otherwise provided in subsection 3, a person 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
continues constitutes a separate and distinct violation.
3. A person who violates subsection 1 in a manner that contributes
to the substantial bodily harm or death of any person is guilty of a
category D felony and shall be punished as provided in NRS 193.130 , or by a fine of not more than $50,000 for
each day of the violation, or by both fine and the punishment provided in
NRS 193.130 .
(Added to NRS by 1997, 1398; A 2003, 1606 )
Committee to Oversee the Management of Risks
As used in NRS 459.3862 to 459.3868 , inclusive, unless the context otherwise
requires, “Committee” means a Committee to Oversee the Management of
Risks, created pursuant to NRS 459.3864 .
(Added to NRS by 1991, 2006)
1. When there is an accident which poses a significant danger to
public health and safety, or a near accident of this nature, in a
facility or a group of facilities, or when the Governor declares that a
committee to oversee the management of risks in a facility, or group of
facilities, would be in the best interests of the public health and
safety, the Governor shall create such a committee for the facility or
group of facilities which may represent a catastrophic threat to public
health and safety.
2. To the extent practicable, the Governor shall appoint the
members of the committee from the membership of the State Emergency
Response Commission.
3. The Governor shall appoint to the committee at least three
persons who represent the facility or group of facilities which may
represent a catastrophic threat to public health and safety.
4. The Governor shall appoint the chairman and may appoint a
cochairman of the committee from among the members.
5. The Division shall provide to the committee necessary resources
such as clerical assistance and funding sufficient for the committee to
perform its duties.
(Added to NRS by 1991, 2006)
1. After giving reasonable notice to the facility it oversees and
after making arrangements to ensure that the normal operations of the
facility will not be disrupted, a committee is entitled to receive from
the facility such records and documents as the committee demonstrates are
required to carry out its duties. The committee is entitled to receive
only those records and documents which cannot be obtained from the
Division.
2. A committee is entitled to receive from any governmental entity
or agency records, documents and other materials relevant to the
committee’s review and evaluation of the facility to carry out its duties.
3. In carrying out its duties, a committee and the Attorney
General may, by subpoena, require the attendance and testimony of
witnesses and the production of reports, papers, documents and other
evidence which they deem necessary. Before obtaining such a subpoena, the
committee or the Attorney General shall request the attendance of the
witness or the production of the reports, papers, documents or other
evidence. If the person to 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 obtain the subpoena requiring him to do so.
4. In carrying out its duties, a committee may make informal
inquiry of persons or entities with knowledge relevant to the committee’s
review and evaluation of the facility it oversees. Any committee which
makes such informal inquiries shall advise the facility of those
inquiries and of the results of the inquiries.
5. If the owner or operator of a facility claims that the
disclosure of information to a committee will reveal a trade secret or
confidential information, the owner or operator must specifically
identify such information as confidential. When such an identification
has been made, the committee shall protect the confidentiality of the
trade secret or information if the trade secret or information would be
entitled to protection pursuant to NRS 459.3822 .
6. A committee or its authorized representative may, to carry out
its duties, enter and inspect the facility overseen, its records and
other relevant materials. Before such an inspection is made, the
committee shall provide reasonable notice to the facility. The inspection
must be conducted in such a manner as to ensure that the operations of
the facility will not be disrupted.
7. The Attorney General is counsel and attorney to each committee
for the purposes of carrying out its duties and powers.
8. The members of a committee may make public comment with regard
to their review and evaluation of the facility it oversees. At least 24
hours before making any formal comment, the committee shall advise the
facility of its intention to do so and provide the facility with a
summary of the comments that will be made.
9. A committee may review and make recommendations to the
reviewing authority as to any applications for permits to construct,
substantially alter or operate submitted by a facility which has been the
subject of the committee’s review and evaluation.
(Added to NRS by 1991, 2007; A 2003, 1607 )
1. A committee shall conduct a comprehensive review and evaluation
of the following with respect to each facility within its jurisdiction:
(a) The degree of compliance with NRS 459.380 to 459.3874 , inclusive, the applicable fire codes, the
regulations, standards and safety orders of the Division of Industrial
Relations of the Department of Business and Industry, the rules,
regulations and standards of the State Environmental Commission and any
other standards adopted by the Federal Government, State of Nevada or
local governments and their respective agencies for the health and safety
of persons and property which may be at risk if those rules, regulations,
standards, codes and safety orders are not complied with;
(b) The effectiveness of the respective governmental entities and
their agencies’ enforcement of their respective rules, regulations,
standards, codes and safety orders; and
(c) The adequacy and effectiveness of the plans for response to
emergencies adopted for the area in which the facility is located in
responding to risks posed to the persons and property located within the
zone of risk.
2. A committee shall exercise its best efforts to facilitate
cooperation among the various governmental entities and agencies
responsible for minimizing risks to persons and property posed by the
facility within its jurisdiction and the effective enforcement of the
various governmental entities’ and agencies’ rules, regulations,
standards, codes and safety orders. A committee shall cooperate to the
extent necessary with other committees and governmental agencies to
minimize the duplication of records, reports or other information.
3. A committee shall issue a final report of its comprehensive
review and evaluation together with any recommendations. A committee
shall make such interim reports as it or the Governor may deem in the
public interest. The Division shall distribute the reports to the
Governor, members of the committee, local governments within the zone of
risk, the various governmental agencies whose rules, regulations,
standards, codes or safety orders were the subject of the committee’s
review and evaluation, and the local media. Copies of the final written
report must be made available to the public for purchase at cost of
reproduction. All interim reports must be distributed forthwith in the
same manner as annual written reports.
(Added to NRS by 1991, 2007; A 1993, 595, 1634)
Enforcement and Penalties
1. The Division may enter any facility:
(a) During normal business hours; and
(b) At any other time if there is probable cause to believe that a
violation of any of the provisions of NRS 459.380 to 459.3874 , inclusive, or any regulation adopted
pursuant thereto, has occurred,
Ê to verify compliance with the provisions of NRS 459.380 to 459.3874 , inclusive, any regulation adopted pursuant
thereto and the quality of all work performed pursuant to those sections,
except that the owner or operator of a facility need not employ any
personnel solely to assure access to the facility by the Division when
this access would otherwise be impossible.
2. The State Environmental Commission shall adopt regulations
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 any person is
engaging, is about to engage or has engaged in an act or practice that
violates any provision of NRS 459.380
to 459.3874 , inclusive, any regulation
adopted pursuant thereto, or any term or condition of a permit issued by
the Division pursuant to NRS 459.380 to
459.3874 , inclusive, the Administrator
may issue an order:
(a) Specifying the provision, regulation, term or condition that is
alleged to have been violated or which is about to be violated;
(b) Setting forth the facts alleged to constitute the violation;
(c) Prescribing any corrective action that must be taken and a
reasonable time within which that action must be taken; and
(d) Requiring the person to whom the order is directed to appear
before the Administrator or a hearing officer to show cause why the
Division should not commence an action for appropriate relief.
4. If the Administrator finds that the handling of a highly
hazardous substance or explosive at a facility presents an imminent and
substantial threat to human health or the environment, the Administrator
may, after the Division has inspected the site and after the
Administrator has had a consultation with the owner or operator of the
facility and the owner or operator fails to correct the threat, issue an
order requiring the owner or operator of the facility to take necessary
steps to prevent the act or eliminate the practice that constitutes the
threat.
(Added to NRS by 1991, 1998; A 2003, 1607 )
1. If any person violates any of the provisions of NRS 459.380
to 459.3834 , inclusive, or 459.387 , or any regulation or order adopted or issued
pursuant thereto, the Division may institute a civil action in a court of
competent jurisdiction for injunctive or any other appropriate relief to
prohibit and prevent the violation and the court may proceed in the
action in a summary manner.
2. Except as otherwise provided in NRS 445C.010 to 445C.120 , inclusive, a person who violates a
provision of NRS 459.380 to 459.3834
, inclusive, or 459.387 , or any regulation or order adopted pursuant
thereto, is liable to a civil administrative penalty as set forth in NRS
459.3874 . If the violation is of a
continuing nature, each day during which it continues constitutes an
additional, separate and distinct offense. No civil administrative
penalty may be levied until after notification to the violator by
certified mail or personal service. The notice must include a reference
to the section of the statute, regulation, order or condition of a permit
violated, a concise statement of the facts alleged to constitute the
violation, a statement of the amount of the civil penalties to be imposed
and a statement of the violator’s right to a hearing. The violator has 20
days after receipt of the notice within which to deliver to the Division
a written request for a hearing. After the hearing if requested, and upon
a finding that a violation has occurred, the Administrator of the
Division may issue a final order and assess the amount of the fine. If no
hearing is requested, the notice becomes a final order upon the
expiration of the 20-day period. Payment of the penalty is due when a
final order is issued or when the notice becomes a final order. The
authority to levy a civil administrative penalty is in addition to all
other provisions for enforcement of NRS 459.380 to 459.387 ,
inclusive, and the payment of a civil administrative penalty does not
affect the availability of any other provision for enforcement in
connection with the violation for which the penalty is levied.
(Added to NRS by 1991, 2008; A 1997, 1081; 1999, 1131 , 2008 ; 2003, 1609 )
1. The civil administrative penalties are:
Category of
Offense Penalty
in U.S. Dollars
A. Failure to register a new or existing facility:.....................
$25,000 plus $2,000 per day
from the due date
B. Failure to pay the fee required pursuant to NRS 459.3824 :........ 75 percent of the fee
C. Failure to provide information requested by the
Division:............................... $25,000
D. Failure to grant access to employees or agents of the Division for
inspections: $25,000
E. Failure to provide information or grant access to employees or
agents of the Division during an
emergency:.................................................................
........................................ $50,000
F. Falsification of information submitted to the Division:..... up to
$10,000 per incident
G. Failure to obtain a permit for the construction of a new
facility:..................... $25,000
H. Failure to comply with a regulation adopted pursuant to NRS 459.380
to 459.3874 , inclusive, other than a regulation for which
a civil administrative penalty is set forth in category A to G,
inclusive: .$10,000 per incident
The civil administrative penalty prescribed in category H may be assessed
for each regulatory provision that is violated. The civil administrative
penalty prescribed in category G may be assessed against a contractor who
is constructing the facility only if the contractor is contractually
responsible for obtaining all appropriate permits for the construction of
the facility and the contractor knows or has reason to know the planned
use of the facility.
2. The Division may compromise and settle any claim for any
penalty as set forth in this section in such amount in the discretion of
the Division as may appear appropriate and equitable under all of the
circumstances, including the posting of a performance bond by the
violator. If a violator is subject to the imposition of more than one
civil administrative penalty for the same violation, the Division shall
compromise and settle the claim for the penalty as set forth in this
section in such amount as to avoid the duplication of penalties.
3. No penalty may be imposed pursuant to this section for the
failure to perform a required act within the time required if the delay
was caused by a natural disaster or other circumstances which are beyond
the control of the violator.
4. Any person who violates any of the provisions of NRS 459.380
to 459.3834 , inclusive, or 459.387 , or any regulation or order adopted or issued
pursuant thereto, or an administrative order issued pursuant to
subsection 2 of NRS 459.3872 or a
court order issued pursuant to subsection 1 of NRS 459.3872 , or who fails to pay a civil administrative
penalty in full is subject, upon order of the court, to a civil penalty
not to exceed $10,000 per day of the violation, and each day’s
continuance of the violation constitutes a separate and distinct
violation. Any penalty imposed pursuant to this subsection may be
recovered with costs in a summary proceeding by the Attorney General.
(Added to NRS by 1991, 2009; A 1999, 1131 , 2009 ; 2003, 1609 )
DISPOSAL OF HAZARDOUS WASTE
The purposes of NRS 459.400 to 459.600 ,
inclusive, are to:
1. Protect human health, public safety and the environment from
the effects of improper, inadequate or unsound management of hazardous
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 hazardous waste.
(Added to NRS by 1981, 880)—(Substituted in revision for NRS
444.700)
As used in NRS 459.400 to 459.600 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 459.410 to 459.455
, inclusive, have the meanings ascribed
to them in those sections.
(Added to NRS by 1981, 880; A 1989, 1489; 1991, 842, 857, 1936;
1999, 1120 ; 2003, 2114 )
“Commission” means the State
Environmental Commission.
(Added to NRS by 1981, 880)—(Substituted in revision for NRS
444.704)
“Department” means the State
Department of Conservation and Natural Resources.
(Added to NRS by 1981, 880)—(Substituted in revision for NRS
444.706)
“Director” means the Director of
the Department.
(Added to NRS by 1981, 880)—(Substituted in revision for NRS
444.708)
“Disposal” means the discharge,
deposit, injection, dumping, spilling, leaking or placing of any
hazardous waste into or on any land or water in a manner which might
allow the hazardous waste or any part of it to enter the environment, be
emitted into the air or be discharged into any water, including any
groundwater.
(Added to NRS by 1981, 880)—(Substituted in revision for NRS
444.710)
“Hazardous material”
has the meaning ascribed to it in NRS 459.7024 .
(Added to NRS by 1989, 1488; A 1993, 847; 1999, 3349 )
“Hazardous substance”
includes, without limitation, hazardous material, a regulated substance,
a pollutant and a contaminant.
(Added to NRS by 1991, 857)
“Hazardous waste” means
any waste or combination of wastes, including, without limitation,
solids, semisolids, liquids or contained gases, except household waste,
which:
1. Because of its quantity or concentration or its physical,
chemical or infectious characteristics may:
(a) Cause or significantly contribute to an increase in mortality
or serious irreversible or incapacitating illness; or
(b) Pose a substantial hazard or potential hazard to human health,
public safety or the environment when it is given improper treatment,
storage, transportation, disposal or other management.
2. Is identified as hazardous by the Department as a result of
studies undertaken for the purpose of identifying hazardous wastes.
Ê The term includes, among other wastes, toxins, corrosives, flammable
materials, irritants, strong sensitizers and materials which generate
pressure by decomposition, heat or otherwise.
(Added to NRS by 1981, 880; A 1999, 1121 )
“Household waste” means
waste material, including, without limitation, garbage, trash and
sanitary wastes in septic tanks that is generated by a household,
including, without limitation, a single-family or multiple-unit
residence, hotel, motel, bunkhouse, ranger station, crew quarters,
campground, picnic ground and day-use recreational area. The term does
not include nickel, cadmium, mercuric oxide, manganese, zinc-carbon or
lead batteries, toxic art supplies, used motor oil, kerosene,
solvent-based paint, paint thinner, paint solvents, fluorescent or
high-intensity light bulbs, ammunition, fireworks, pesticides the use of
which has been prohibited or restricted, or any other waste generated by
a household that would otherwise be defined as hazardous waste pursuant
to subsection 2 of NRS 459.430 .
(Added to NRS by 1999, 1116 )
“Management
of hazardous waste” means the systematic control of the generation,
collection, storage, transportation, processing, treatment, recovery and
disposal of hazardous waste.
(Added to NRS by 1981, 881)—(Substituted in revision for NRS
444.714)
“Manifest” means a document used
to identify hazardous waste during its transportation from between any
two of the points of generation, storage, treatment and disposal, and
specifying the quantity, composition, origin, route and destination of
the waste.
(Added to NRS by 1981, 881)—(Substituted in revision for NRS
444.716)
“Person” includes an agency of the
Federal Government, any state and its local governments.
(Added to NRS by 1981, 881; A 1985, 516)—(Substituted in revision
for NRS 444.718)
“Regulated substance”
means:
1. Any petroleum substance or chemical regulated by the Federal
Resource Conservation and Recovery Act of 1976, 42 U.S.C. §§ 6901 et
seq., that is contained in a storage tank, except that the term does not
include any substance subject to regulation under Subtitle C of that act
as hazardous waste; and
2. Any petroleum, including crude oil or any fraction thereof that
is liquid at standard condition of temperature and pressure, 60 degrees
Fahrenheit and 14.7 pounds per square inch absolute. The term includes,
but is not limited to, petroleum and petroleum-based substances comprised
of a complex blend of hydrocarbons derived from crude oil through
processes of separation, conversion, upgrading and finishing, such as
motor fuels, jet fuels, distillate fuel oils, residual fuel oils,
lubricants, solvents and used oils.
(Added to NRS by 1989, 1489)
“Storage” means the containment of
hazardous waste, temporarily or for a period of years, in a manner which
does not constitute disposal.
(Added to NRS by 1981, 881)—(Substituted in revision for NRS
444.720)
“Treatment” means a process,
including neutralization, which is designed to change the physical,
chemical or biological character or composition of hazardous waste so as
to neutralize it or render it less hazardous, nonhazardous, safer for
transportation, storage and disposal, amenable to recovery of resources
from it, or reduce its volume.
(Added to NRS by 1981, 881)—(Substituted in revision for NRS
444.722)
400 to 459.600 ,
inclusive.
1. NRS 459.400 to 459.600 , inclusive, do not apply to any activity or
substance which is subject to control pursuant to NRS 445A.300 to 445A.955 , inclusive, and 459.010 to 459.290 ,
inclusive, except to the extent that they can be applied in a manner
which is not inconsistent with those sections.
2. The Director shall administer NRS 459.400 to 459.600 ,
inclusive, in a manner which avoids duplication of the provisions of NRS
445A.300 to 445A.955 , inclusive, and 445B.100 to 445B.640 , inclusive, and the Federal Insecticide,
Fungicide and Rodenticide Act, 7 U.S.C. §§ 136 et seq.
(Added to NRS by 1981, 881; A 2003, 2115 )
400 to 459.600 ,
inclusive. The following types of waste are subject to the provisions of
NRS 459.400 to 459.600 , inclusive, only if they are regulated
pursuant to the Federal Resource Conservation and Recovery Act of 1976,
42 U.S.C. §§ 6901 et seq.:
1. Fly ash, bottom ash, slag and waste removed from flue gas from
the combustion of coal or other fossil fuels;
2. Solid waste from extraction, beneficiation and processing of
ores and minerals, including phosphate rock and overburden from the
mining of uranium ore;
3. Dust from cement kilns; and
4. Drilling fluids and other wastes produced by exploration,
development or production of oil, gas or geothermal energy.
(Added to NRS by 1981, 882; A 2003, 2115 )
1. The Department is hereby designated to act as the state agency
for the purposes of federal laws and regulations on hazardous waste,
except that the Commission has the exclusive power to adopt regulations
pursuant to NRS 459.400 to 459.600
, inclusive.
2. The Department may take any action necessary and appropriate to
secure the benefits of any federal law relating to hazardous waste.
(Added to NRS by 1981, 883)—(Substituted in revision for NRS
444.728)
The Department shall:
1. Except as otherwise provided in NRS 459.480 , enforce the Commission’s regulations on
hazardous waste;
2. Develop and publish a plan of management of hazardous waste in
this State, including among other things, descriptions of:
(a) Sources of hazardous waste, including information on the types
and quantities of the waste;
(b) Current practices and costs in the management of hazardous
waste, including treatment, storage and disposal; and
(c) The hazards associated with the use by a consumer of a
commercial product in a manner contrary to the directions for use,
cautions or warnings appearing on the label of the product, if the
Department determines that such a description is necessary; and
3. Cooperate with other states to bring about improved management
of hazardous waste, encourage the enactment of uniform state laws
relating to hazardous waste, and develop compacts between this and other
states which are designed to provide for improved management of hazardous
waste.
(Added to NRS by 1981, 883; A 1999, 1121 )
400 to 459.600 , inclusive. The Department may delegate
responsibility for the enforcement of NRS 459.400 to 459.600 ,
inclusive, or any regulations adopted pursuant to those sections to
suitably qualified agencies of the political subdivisions of this State.
(Added to NRS by 1981, 883)—(Substituted in revision for NRS
444.732)
The Commission shall:
1. Adopt regulations governing systems of hazardous waste
management, including the plan for management of hazardous waste in the
entire State; and
2. Through the Department:
(a) Advise, consult and cooperate with other agencies of the State,
other states, the Federal Government, municipalities and other persons on
matters relating to formulation of plans for managing hazardous waste.
(b) Develop a plan for management of hazardous waste in the entire
State.
(c) Develop a program to encourage the minimization of hazardous
waste and the recycling or reuse of hazardous waste by persons who
generate hazardous waste within Nevada. The program may include grants or
other financial incentives.
(Added to NRS by 1981, 881; A 1991, 842)
Regulations
adopted by the Commission pursuant to NRS 459.485 must be based upon studies, guidelines and
regulations of the Federal Government and must:
1. Set out mechanisms for determining whether any waste is
hazardous;
2. Govern combinations of wastes which are not compatible and may
not be stored, treated or disposed of together;
3. Govern generation, storage, treatment and disposal of hazardous
waste;
4. Govern operation and maintenance of facilities for the
treatment, storage and disposal of hazardous waste, including the
qualifications and requirements for ownership, continuity of operation,
closure and care after closing;
5. Provide standards for location, design and construction of
facilities for treatment, storage and disposal of hazardous waste;
6. Except as otherwise provided in NRS 459.700 to 459.780 ,
inclusive, govern the transportation, packing and labeling of hazardous
waste in a manner consistent with regulations issued by the United States
Department of Transportation relating to hazardous waste;
7. Provide procedures and requirements for the use of a manifest
for each shipment of hazardous waste. The procedures and requirements
must be applied equally to those persons who transport hazardous waste
generated by others and those who transport hazardous waste which they
have generated themselves; and
8. Take into account climatic and geologic variations and other
factors relevant to the management of hazardous waste.
(Added to NRS by 1981, 882; A 1987, 1755; 1993, 847)
1. Except as otherwise provided in NRS 459.700 to 459.780 ,
inclusive, or 459.800 to 459.856 , inclusive:
(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 consultants involved in
consultation regarding the response to and the clean up of leaks of
hazardous waste, hazardous material or a regulated substance from
underground storage tanks, the clean up of spills of or accidents
involving hazardous waste, hazardous material or a regulated substance,
or the management of hazardous waste;
(3) That a person employed full time by a business to act as
such a consultant is exempt from the requirements of certification if the
person:
(I) Meets the applicable requirements of 29 C.F.R. §
1910.120 to manage such waste, materials or substances; and
(II) Is acting in the course of that full-time
employment; and
(4) For the certification of laboratories that perform
analyses for the purposes of NRS 459.400 to 459.600 ,
inclusive, 459.610 to 459.658 , inclusive, and 459.800 to 459.856 ,
inclusive, to identify whether waste is hazardous waste or to detect the
presence of hazardous waste or a regulated substance in soil or water.
(b) Regulations of the Commission may:
(1) Provide for the licensing and other necessary regulation
of generators, including shippers and brokers, who cause that waste to be
transported into or through Nevada or for disposal in Nevada;
(2) Require that the person responsible for a spill, leak or
accident involving hazardous waste, hazardous material or a regulated
substance, obtain advice on the proper handling of the spill, leak or
accident from a consultant certified under the regulations adopted
pursuant to paragraph (a); and
(3) Establish standards relating to the education,
experience, performance and financial responsibility required for the
certification of consultants.
2. The regulations may include provisions for:
(a) Fees to pay the cost of inspection, certification and other
regulation, excluding any activities conducted pursuant to NRS 459.7052
to 459.728 , inclusive; and
(b) Administrative penalties of not more than $2,500 per violation
or $10,000 per shipment for violations by persons licensed by the
Department, and the criminal prosecution of violations of its regulations
by persons who are not licensed by the Department.
3. Designated employees of the Department and the Nevada Highway
Patrol Division shall enforce the regulations of the Commission relating
to the transport and handling of hazardous waste and the leakage or spill
of that waste from packages.
(Added to NRS by 1981, 882; A 1985, 1990; 1987, 1755; 1989, 1489;
1993, 847; 1997, 2002; 1999, 3349 ; 2001, 899 ; 2003, 2115 )
1. Except as otherwise provided in subsection 2, any analysis
performed to detect the presence of hazardous waste or a regulated
substance in soil or water as required for the purposes of NRS 459.400
to 459.600 , inclusive, 459.610 to 459.658 ,
inclusive, or 459.800 to 459.856 , inclusive, must be performed by a laboratory
certified pursuant to the regulations adopted pursuant to NRS 459.500
.
2. The provisions of subsection 1 do not apply to an analysis of
waste that is managed by a facility for the management of hazardous waste.
(Added to NRS by 2003, 2114 )
Any analysis performed for a person who generates waste to
identify whether that waste is hazardous as required for the purposes of
NRS 459.400 to 459.600 , inclusive, must be performed by a laboratory
certified pursuant to the regulations adopted pursuant to NRS 459.500
.
(Added to NRS by 2003, 2114 )
1. The Director may enter into agreements relating to state land
for the purpose of providing areas to dispose of hazardous waste and for
related purposes.
2. No agreement may extend for more than 99 years.
3. All land used as provided in subsection 1 must be closed to the
public, in a manner which the Director shall prescribe, during the term
of the lease or agreement and thereafter until all danger to public
health arising from that use no longer exists.
4. Regulations adopted by the Commission for the control of
disposal sites immediately become part of each agreement entered into
pursuant to subsection 1.
(Added to NRS by 1981, 887)—(Substituted in revision for NRS
444.742)
The
Commission may establish by regulation:
1. License fees and any other fees for the use of state-owned
disposal areas for hazardous wastes, in an amount sufficient to defray
all costs of monitoring, securing or otherwise regulating the storage or
disposal of hazardous wastes. The fee for use of a disposal area must not
be less than 25 cents per cubic foot of material placed in the area. The
person who contracts with the State for the use of a disposal area is
responsible for the payment of these fees. The Commission may authorize
the Department to waive all or 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 clean up a
spill or deposit.
2. Procedures for the collection of interest on delinquent fees
and other accounts for the use of disposal areas.
3. Penalties of no more than $3,000 per day for each separate
failure to comply with a license or agreement or $25,000 for any 30-day
period for all failures to comply.
(Added to NRS by 1981, 887; A 1991, 843)
1. The owner or operator of a facility for the management of
hazardous waste shall, in addition to any other applicable fees, pay to
the Department to offset partially the cost incurred by the State Fire
Marshal for training emergency personnel who respond to the scene of
accidents involving hazardous materials a fee of $4.50 per ton of the
volume received for the disposal of hazardous waste by the facility.
2. The owner or operator of a facility for the management of
hazardous waste shall, in addition to any other applicable fees, pay to
the Department to offset partially the cost incurred by the Public
Utilities Commission of Nevada for inspecting and otherwise ensuring the
safety of any shipment of hazardous materials transported by rail car
through or within this State a fee of $1.50 per ton of the volume
received for the disposal of hazardous waste by the facility.
3. The operator of such a facility shall pay the fees provided in
this section, based upon the volume of hazardous waste received by the
facility during each quarter of the calendar year, within 30 days after
the end of each quarter. The Department may assess and collect a penalty
of 2 percent of the unpaid balance for each month, or portion thereof,
that the fee remains due.
(Added to NRS by 1991, 842; A 1997, 2003)
1. It is unlawful for any person to:
(a) Construct, substantially alter or operate any facility for the
treatment, storage or disposal of hazardous waste; or
(b) Treat, store or dispose of any hazardous waste,
Ê unless he has first obtained a permit from the Department to do so.
2. A person who:
(a) Conducts an activity for which a permit is required pursuant to
this section, and is doing so on the effective date of the regulations
establishing procedures for the system of permits; and
(b) Has made an application for a permit,
Ê shall be deemed 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 information which was reasonably requested or required for the
processing of the application.
3. The Commission may require a person who is conducting an
activity pursuant to subsection 2 to comply with requirements which it
has specified by regulation before a permit is issued.
(Added to NRS by 1981, 883)—(Substituted in revision for NRS
444.746)
1. The Commission shall adopt regulations for the granting,
renewal, modification, suspension, revocation and denial of permits.
2. If the local government within whose territory a facility for
the treatment, storage or disposal of hazardous waste is to be located
requires that a special use permit or other authorization be obtained for
such a facility or activity, the application to the Department for a
permit to operate such a facility must show that local authorization has
been obtained. This requirement does not apply to an application for a
permit to construct a utility facility that is subject to the provisions
of NRS 704.820 to 704.900 , inclusive.
3. Permits may contain terms and conditions which the Department
considers necessary and which conform to the provisions of regulations
adopted by the Commission.
4. Permits may be issued for any period of not more than 5 years.
5. A permit may not be granted or renewed if the Director
determines that granting or renewing the permit is inconsistent with any
regulation of the Commission relating to hazardous waste or with the plan
for management of hazardous waste developed pursuant to NRS 459.485
. The provisions of this subsection do
not apply to a permit granted or under review before July 1, 1987.
6. The Department may suspend or revoke a permit pursuant to the
Commission’s regulations if the holder of the permit fails or refuses to
comply with the terms of the permit or a regulation of the Commission
relating to hazardous waste.
7. A permit may not be granted, renewed or modified for a facility
for the disposal of hazardous waste that proposes to construct or operate
a landfill unless the Director determines that the landfill is or will be
constructed to include at least one liner and a leachate collection and
removal system designed to prevent the migration of waste or leachate to
the adjacent subsurface soils, groundwater and surface water.
8. As used in this section:
(a) “Landfill” means a disposal facility or part of a facility
where hazardous waste is placed in or on land and which is not a pile, a
land-treatment facility, a surface impoundment, an underground-injection
well, a salt-dome formation, a salt-bed formation, an underground mine or
a cave.
(b) “Leachate” means any liquid, including any suspended components
in the liquid, that has percolated through or drained from a landfill.
(c) “Leachate collection and removal system” means a layer of
granular or synthetic materials installed above a liner and operated in
conjunction with drains, pipes, sumps and pumps or other means designed
to collect and remove leachate from a landfill.
(d) “Liner” means a continuous layer of man-made material installed
beneath and on the sides of a landfill which restricts the downward or
lateral escape of hazardous waste, hazardous waste constituents or
leachate, 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; 2001, 2990
; 2005, 1504 )
1. The Commission shall adopt regulations requiring that the owner
or operator of any facility for the treatment, storage or disposal of
hazardous waste show his financial responsibility for the undertaking by
providing:
(a) Evidence that he has a policy of liability insurance in an
amount which the Department has determined is necessary for the
protection of human health, public safety and the environment;
(b) Evidence of security, in a form and amount which the Department
deems necessary, to ensure that at the time of any abandonment, cessation
or interruption of the service provided by the facility, and thereafter,
all appropriate measures will be taken to prevent damage to human health,
public safety and the environment; and
(c) Any other evidence of financial responsibility which the
Commission finds necessary for those purposes.
2. Requirements established pursuant to this section may not
exceed those requirements for financial responsibility established
pursuant to the Resource Conservation and Recovery Act of 1976, 42 U.S.C.
§§ 6901 et seq.
3. Any claim arising from conduct for which evidence of financial
responsibility is required may be asserted directly against the insurer,
guarantor, surety or other person providing such evidence if the owner or
operator:
(a) Has filed a petition in bankruptcy, or is the object of an
involuntary petition;
(b) Cannot respond in damages in the event a judgment is entered
against him; or
(c) Is not subject to the personal jurisdiction of any court of
this or any other state, or of the United States, or cannot, with due
diligence, be served with process.
4. If a claim is asserted directly against a person providing
evidence of financial responsibility, that person may assert any right or
defense which:
(a) He might have asserted in any action against him by the owner
or operator; or
(b) The owner or operator might have asserted, had the claim been
made against him.
(Added to NRS by 1981, 884; A 1987, 1482)
1. All proceeds from agreements entered into pursuant to NRS
459.505 , all application fees collected
pursuant to NRS 459.634 , all
reimbursements and penalties recovered pursuant to NRS 459.537 , and all fees collected and all civil
penalties imposed pursuant to NRS 459.400 to 459.658 ,
inclusive, must be deposited with the State Treasurer for credit to the
Account for the Management of Hazardous Waste, which is hereby created in
the State General Fund. All interest earned on the money in the Account
must be credited to the Account. The money in the Account must be paid as
other claims against the State are paid.
2. The State Treasurer shall account separately for each of the
fees collected pursuant to NRS 459.512 .
(Added to NRS by 1981, 884; A 1985, 904; 1991, 843, 1771; 1993,
839; 1999, 2695 ; 2003, 346 )
1. Except as otherwise provided in NRS 459.537 and subsection 2 of this section, the money in
the Account for the Management of Hazardous Waste may be expended only to
pay the costs of:
(a) The continuing observation or other management of hazardous
waste;
(b) Establishing and maintaining a program of certification of
consultants involved in the clean up of leaks of hazardous waste,
hazardous material or a regulated substance from underground storage
tanks or the clean up of spills of or accidents involving hazardous
waste, hazardous material or a regulated substance;
(c) Training persons to respond to accidents or other emergencies
related to hazardous materials, including any basic training by the State
Fire Marshal which is necessary to prepare personnel for advanced
training related to hazardous materials;
(d) Establishing and maintaining a program by the Public Utilities
Commission of Nevada to inspect and otherwise ensure the safety of any
shipment of hazardous materials transported by rail car through or within
the State; and
(e) Financial incentives and grants made in furtherance of the
program developed pursuant to paragraph (c) of subsection 2 of NRS
459.485 for the minimization, recycling
and reuse of hazardous waste.
2. Money in the Account for the Management of Hazardous Waste may
be expended to provide matching money required as a condition of any
federal grant for the purposes of NRS 459.800 to 459.856 ,
inclusive.
(Added to NRS by 1985, 903; A 1989, 775, 1490, 1491; 1991, 843,
1772; 1993, 839; 1997, 2003)
1. If the person responsible for a leak or spill of or an accident
involving hazardous waste, hazardous material or a regulated substance
does not act promptly and appropriately to clean and decontaminate the
affected area properly, and if his inaction presents an imminent and
substantial hazard to human health, public safety or the environment,
money from the Account for the Management of Hazardous Waste may be
expended to pay the costs of:
(a) Responding to the leak, spill or accident;
(b) Coordinating the efforts of state, local and federal agencies
responding to the leak, spill or accident;
(c) Managing the cleaning and decontamination of an area for the
disposal of hazardous waste or the site of the leak, spill or accident;
(d) Removing or contracting for the removal of hazardous waste,
hazardous material or a regulated substance which presents an imminent
danger to human health, public safety or the environment; or
(e) Services rendered in responding to the leak, spill or accident,
by consultants certified pursuant to regulations adopted by the
Commission.
2. Except as otherwise provided in this subsection or NRS 459.610
to 459.658 , inclusive, the Director shall demand
reimbursement of the Account for money expended pursuant to subsection 1
from any person who is responsible for the accident, leak or spill, or
who owns or controls the hazardous waste, hazardous material or a
regulated substance, or the area used for the disposal of the waste,
material or substance. Payment of the reimbursement is due within 60 days
after the person receives notice from the Director of the amount due. The
provisions of this section do not apply to a spill or leak of or an
accident involving natural gas or liquefied petroleum gas while it is
under the responsibility of a public utility.
3. At the request of the Director, the Attorney General shall
initiate recovery by legal action of the amount of any unpaid
reimbursement plus interest at a rate determined pursuant to NRS 17.130
computed from the date of the incident.
4. As used in this section:
(a) “Does not act promptly and appropriately” means that the person:
(1) Cannot be notified of the incident within 2 hours after
the initial attempt to contact him;
(2) Does not, within 2 hours after receiving notification of
the incident, make an oral or written commitment to clean and
decontaminate the affected area properly;
(3) Does not act upon the commitment within 24 hours after
making it;
(4) Does not clean and decontaminate the affected area
properly; or
(5) Does not act immediately to clean and decontaminate the
affected area properly, if his inaction presents an imminent and
substantial hazard to human health, public safety or the environment.
(b) “Responding” means any efforts to mitigate, attempt to mitigate
or assist in the mitigation of the effects of a leak or spill of or an
accident involving hazardous waste, hazardous material or a regulated
substance, 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 by the leak,
spill or accident.
(3) Investigate the occurrence of the leak, spill or
accident.
(Added to NRS by 1993, 837; A 1999, 2695 )
When the Department receives an application
for a permit to carry out modifications to an existing facility or finds
that modifications are necessary to enable the owner or operator of a new
facility to comply with the requirements of NRS 459.400 to 459.600 ,
inclusive, it may include a condition in the permit specifying the time
which will be allowed to complete the modifications.
(Added to NRS by 1981, 885)—(Substituted in revision for NRS
444.756)
1. Except as otherwise provided in subsection 3, the Commission
may by regulation adopt a procedure under which an applicant or holder of
a permit may demonstrate that a standard he proposes would offer
protection of human health, public safety and the environment which is
equivalent to a standard of the Commission.
2. Except as otherwise provided in subsection 3, the Commission
may specify certain standards which may be considered for substitution
pursuant to this section.
3. The Commission may not by regulation adopt a procedure or
specify a standard which would allow a facility for the disposal of
hazardous waste to construct or operate a landfill in a manner that fails
to comply with the requirements of subsection 7 of NRS 459.520 .
(Added to NRS by 1981, 885; A 2005, 1505 )
1. Except as otherwise provided in subsection 4, the owner or
operator of a facility for the treatment, storage or disposal of
hazardous waste or a person who wishes to construct such a facility may
apply to the Commission for a variance from its applicable regulations.
The Commission 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 worst adverse
conditions, does not or will not endanger or tend to endanger the
environment and human health or safety; and
(b) Compliance with the regulations would produce serious hardship
without equal or greater benefits to the environment or public.
2. The Commission shall not grant a variance unless it has
considered in the following order of priority the interests of:
(a) The public;
(b) Other owners of property likely to be affected by the emissions
or discharge; and
(c) The applicant.
3. The Commission may:
(a) Upon granting a variance, impose certain conditions upon the
applicant; or
(b) Revoke the variance if the applicant fails to comply with those
conditions.
4. The Commission shall not grant a variance from its applicable
regulations that would allow a facility for the disposal of hazardous
waste to construct or operate a landfill in a manner that fails to comply
with the requirements of subsection 7 of NRS 459.520 .
(Added to NRS by 1989, 1455; A 2005, 1505 )
1. A variance may be renewed only under circumstances and upon
conditions which would justify its original granting.
2. An application for a renewal of a variance must be made at
least 60 days before the expiration of the variance. The Commission shall
give public notice of the application.
3. If a protest is filed with the Commission against the renewal,
the Commission shall hold a public hearing and shall not renew the
variance unless it makes specific, written findings of fact which justify
the renewal.
(Added to NRS by 1989, 1456)
1. The Commission may adopt regulations governing applications for
variances.
2. The regulations may include, but are not limited to:
(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 are necessary to
cover the costs of reviewing and processing an application.
(Added to NRS by 1989, 1456)
No
applicant is entitled to the granting or renewal of a variance as of
right.
(Added to NRS by 1989, 1456)
1. The Commission shall adopt regulations which require licensees
to keep records and submit reports on hazardous waste and which prescribe
procedures for:
(a) Installing, calibrating, using and maintaining monitoring
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 activity to
the Department in accordance with regulations adopted by the Commission.
(Added to NRS by 1981, 885)—(Substituted in revision for NRS
444.760)
1. Except as otherwise provided in this section, information which
the Department obtains in the course of the performance of its duties
relating to hazardous waste is public information.
2. Any information which specifically relates to the trade secrets
of any person, including any processes, operations, style of work or
apparatus, is confidential whenever it is established to the satisfaction
of the Director that the information is entitled to protection as a trade
secret. In determining whether the information is entitled to protection,
the Director shall consider, among other things, whether the disclosure
of that information would tend to affect adversely the competitive
position of the information’s owner.
3. Any information which is confidential under subsection 2 may be
disclosed to any officer, employee or authorized representative of this
State or the United States if:
(a) He is engaged in carrying out the provisions of NRS 459.400
to 459.600 , inclusive, or the provisions of federal law
relating to hazardous waste; or
(b) The information is relevant in any judicial proceeding or
adversary administrative proceeding under NRS 459.400 to 459.600 ,
inclusive, or under the provisions of federal law relating to hazardous
waste, and is admissible under the rules of evidence.
4. The Commission shall adopt regulations concerning the
availability of information which satisfy the criteria established by the
Federal Government for delegation to the state of federal programs
concerning the management of, and the enforcement of laws relating to,
hazardous waste.
(Added to NRS by 1981, 885; A 1983, 1121; 1985, 904; 1991, 908)
560 and 459.565 .
1. The provisions of NRS 459.560
and 459.565 that concern hazardous
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 quantity of any one
hazardous substance at any one facility or location does not exceed 1,000
kilograms at any time.
2. All other provisions of NRS 459.560 and 459.565 ,
including the provisions concerning hazardous waste, apply to all
counties and all industries without regard to volume.
(Added to NRS by 1991, 857; A 2001, 1992 )
Any authorized representative or
employee of the Commission or the Department may, for the purpose of
carrying out his duties pursuant to NRS 459.400 to 459.600 ,
inclusive, or to enforce a regulation adopted pursuant to those sections:
1. Enter any place where waste or a substance which the Department
has reason to believe may be hazardous waste or a hazardous substance is
or may have been generated, stored, transported, treated, disposed of or
otherwise handled;
2. Inspect and obtain samples of any waste or substance which the
Department has reason to believe may be hazardous waste or a hazardous
substance, including samples from any vehicle in which waste or substance
is being transported, and samples of containers and labels; and
3. Inspect and copy any records, reports, information or test
results relating to the management of hazardous wastes or hazardous
substances.
(Added to NRS by 1981, 885; A 1991, 858)
1. If the Department receives information that the handling,
storage, transportation, treatment or disposal of any waste or hazardous
substance may present an imminent and substantial hazard to human health,
public safety or the environment, it may:
(a) Issue an order directing the owner or operator of the facility
for treatment, storage or disposal of the waste or the owner or operator
of any site where the treatment, storage or disposal of a hazardous
substance has occurred or may occur or any other person who has custody
of the waste or hazardous substance to take necessary steps to prevent
the act or eliminate the practice which constitutes the hazard.
(b) Order a site assessment to be conducted and a remediation plan
to be developed pursuant to regulations adopted by the Commission.
(c) Assess costs and expenses incurred by the Department in
carrying out the provisions of this section or in removing, correcting or
terminating any hazard to human health, public safety or the environment
pursuant to regulations adopted by the Commission.
(d) Request that the Attorney General commence an action to enjoin
the practices or acts which constitute the hazard.
(e) Take any other action designed to reduce or eliminate the
hazard.
2. The Department may perform inspections pursuant to NRS 459.560
and issue an order directing the owner
or operator of the facility for treatment, storage or disposal of waste
or the owner or operator of any site where the treatment, storage or
disposal of a hazardous substance has occurred or may occur or any other
person who has custody of the waste or hazardous substance to take any
necessary steps to prevent any act or eliminate any practice or effect
which could constitute a hazard to human health, public safety or the
environment.
(Added to NRS by 1981, 885; A 1991, 858)
400 to 459.560 , inclusive. Whenever the Director finds that
any person is engaging or has engaged in any act or practice which
violates any provision of NRS 459.400
to 459.560 , inclusive, or a regulation
adopted pursuant to those sections or any term or condition of a permit
issued by the Department, he may issue an order:
1. Specifying the provision which is alleged to have been violated
or which is about to be violated;
2. Setting forth the facts alleged to constitute the violation;
3. Prescribing any corrective action which must be taken and a
reasonable time within which it must be taken; and
4. Requiring the person to whom the order is directed to appear
before the Director or a hearing officer appointed by him to show cause
why the Department should not commence an action against him in district
court for appropriate relief.
(Added to NRS by 1981, 886)—(Substituted in revision for NRS
444.768)
In carrying out the provisions of NRS
459.400 to 459.560 , inclusive, the Commission, the Department and
the Attorney General may by subpoena require the attendance and testimony
of witnesses and the production of reports, papers, documents and other
evidence which they deem necessary.
(Added to NRS by 1981, 886; A 1993, 840)
1. The Director may seek an injunction in district court to
prevent the occurrence or continuance of any act or practice which
violates any provision of NRS 459.400
to 459.560 , inclusive, or any
regulation adopted or permit or order issued pursuant to those sections.
2. If the Director shows that a person is or has engaged in any
act or practice which violates NRS 459.400 to 459.560 ,
inclusive, or any regulation adopted or permit or order issued pursuant
to those sections, the court may issue, without bond any prohibitory or
mandatory injunction which the facts warrant, including a temporary
restraining order or a preliminary or permanent injunction. A temporary
restraining order may be granted only if the Director has attempted to
notify the defendant of his intention to seek it before the beginning of
the hearing.
3. The court may not deny a temporary restraining order or an
injunction because the Director has failed to show that there is no
adequate remedy at law or because he has not shown that irreparable harm
will result from the act or practice which is the subject of the action.
4. The court may require a performance bond or other security by
the respondent to ensure his compliance with the order.
(Added to NRS by 1981, 886)—(Substituted in revision for NRS
444.772)
1. Any person who violates or contributes to a violation of any
provision of NRS 459.400 to 459.560
, inclusive, 459.590 or of any regulation adopted or permit or
order issued pursuant to those sections, or who does not take action to
correct a violation within the time specified in an order, is liable to
the Department for a civil penalty of not more than $25,000 for each day
on which the violation occurs. This penalty is in addition to any other
penalty provided by NRS 459.400 to
459.600 , inclusive.
2. The Department may recover, in the name of the State of Nevada,
actual damages which result from a violation, in addition to the civil
penalty provided in this section. The damages may include expenses
incurred by the Department in removing, correcting or terminating any
adverse effects 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)
It is
unlawful for any person to transport hazardous waste:
1. Without a manifest that complies with regulations adopted by
the Commission;
2. That does not conform to the description of the waste specified
in the manifest;
3. In a manner that does not conform to the manner of shipment
described in the manifest; or
4. To a facility that has not been issued a permit to treat, store
or dispose of the hazardous waste described in the manifest.
(Added to NRS by 1985, 903)
Any person who:
1. Knowingly makes any false statement, representation or
certification on any application, record, report, manifest, plan or other
document filed or required to be maintained by any provision of NRS
459.400 to 459.560 , inclusive, NRS 459.590 or by any regulation adopted or permit or
order issued pursuant to those sections; or
2. Falsifies, tampers with or knowingly renders inaccurate any
device or method for continuing observation required by a provision of
NRS 459.400 to 459.560 , inclusive, or by any regulation adopted or
permit or order issued pursuant to those sections,
Ê shall be punished by imprisonment in the county jail for not more than
1 year, or by a fine of not more than $25,000, or by both fine and
imprisonment. Each day the false document remains uncorrected or a device
or method described in subsection 2 remains inaccurate constitutes a
separate violation of this section for purposes of determining the
maximum fine.
(Added to NRS by 1981, 887; A 1985, 904; 1991, 830)
A person who, intentionally or with
criminal negligence:
1. Violates NRS 459.590 ,
subsection 1 of NRS 459.515 or any term
or condition of a permit issued pursuant to NRS 459.520 ;
2. Violates an order issued by the Department relating to
hazardous waste, if:
(a) The violation threatens or harms the environment or the
personal safety of other persons; and
(b) The person has not made a good faith effort to comply with the
order; or
3. Disposes of or discharges hazardous waste in any manner not
authorized by the provisions of this chapter or regulations adopted
thereunder,
Ê is guilty of a category D felony and shall be punished as provided in
NRS 193.130 , or by a fine of not more
than $50,000 for each day of the violation, or by both fine and the
punishment provided in NRS 193.130 .
(Added to NRS by 1981, 887; A 1983, 1122; 1985, 905; 1991, 830;
1995, 1294)
PROGRAM FOR VOLUNTARY CLEANUP OF HAZARDOUS SUBSTANCES AND RELIEF FROM
LIABILITY
As used in NRS 459.610 to 459.658 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 459.612 to 459.630
, inclusive, have the meanings ascribed
to them in those sections.
(Added to NRS by 1999, 2689 )
“Administrator” means the
Administrator of the Division.
(Added to NRS by 1999, 2689 )
“Commission” means the State
Environmental Commission.
(Added to NRS by 1999, 2689 )
“Division” means the Division of
Environmental Protection of the State Department of Conservation and
Natural Resources.
(Added to NRS by 1999, 2689 )
“Eligible property”
means real property located in this State that:
1. Except as otherwise provided in NRS 459.632 , is not:
(a) Listed, proposed for listing or eligible for listing on the
National Priorities List contained in Appendix B of Part 300 of Title 40
of the Code of Federal Regulations; and
(b) Owned, managed or controlled by a person or governmental entity
subject to a pending investigation or ongoing enforcement action of the
Federal Government pursuant to the Federal Resource Conservation and
Recovery Act, 42 U.S.C. §§ 6901 et seq., or the Comprehensive
Environmental Response, Compensation, and Liability Act, 42 U.S.C. §§
9601 et seq.;
2. Is not owned, managed or controlled by a person or governmental
entity subject to a pending investigation or ongoing enforcement action
of the Division with respect to that real property; and
3. Contains the site or probable site of a release of a hazardous
substance.
(Added to NRS by 1999, 2689 )
“Hazardous substance”
means a substance or combination of substances whose presence gives rise
to liability or potential liability on the part of an owner or operator
pursuant to NRS 459.537 or 42 U.S.C. §
9607(a).
(Added to NRS by 1999, 2689 )
“Participant” means a person
whose application to participate in the program has been approved by the
Administrator.
(Added to NRS by 1999, 2689 )
“Program” means voluntary cleanup
and relief from liability pursuant to NRS 459.610 to 459.658 ,
inclusive.
(Added to NRS by 1999, 2689 )
“Prospective
purchaser” means a person who is not a responsible party and who has
entered into a contract, or holds an option, to purchase an eligible
property for its fair market value in a transaction at arm’s length.
(Added to NRS by 1999, 2689 )
“Remedial agreement”
means an agreement between a participant and the Division specifying the
action to be taken to remove or remedy hazardous substances present on an
eligible property.
(Added to NRS by 1999, 2690 )
“Responsible party”
means:
1. A current or former owner or operator of a site or facility who
caused or contributed to the release of a hazardous substance at the site
or facility; and
2. A generator or transporter of a hazardous substance who caused
or contributed to the release of the hazardous substance at a site or
facility.
(Added to NRS by 1999, 2690 )
Real property located in this State that is listed, proposed for listing
or eligible for listing on the National Priorities List contained in
Appendix B of Part 300 of Title 40 of the Code of Federal Regulations or
that is owned, managed or controlled by a person or governmental entity
subject to a pending investigation or ongoing enforcement action by the
Federal Government pursuant to the Federal Resource Conservation and
Recovery Act, 42 U.S.C. §§ 6901 et seq., or the Comprehensive
Environmental Response, Compensation, and Liability Act, 42 U.S.C. §§
9601 et seq., shall be deemed to be eligible property if:
1. The property satisfies the elements of the definition of
eligible property set forth in subsections 2 and 3 of NRS 459.618 ; and
2. The reason for which the property was listed or is proposed or
eligible for listing on the National Priorities List or for the
investigation or enforcement action by the Federal Government is
unrelated to the hazardous substance that a participant intends to remove
from or remediate on the property pursuant to a remedial agreement
submitted pursuant to NRS 459.636 .
(Added to NRS by 1999, 2690 )
1. A responsible party with respect to an eligible property, or a
prospective purchaser of an eligible property may apply to participate in
the program. The application must be made to the Administrator in 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 remediation on the
property; and
(c) The application fee and any other information required pursuant
to the regulations adopted by the Commission pursuant to NRS 459.656
.
2. The Administrator shall approve or deny an application 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 30 days.
Notice of an extension must be delivered to the applicant before the
expiration of the original period for processing the application.
3. If the Administrator denies an application, he shall deliver to
the applicant, within 30 days after the denial, a written explanation of
the reasons for denial.
(Added to NRS by 1999, 2690 )
1. After an application is approved, the participant shall submit
a remedial agreement to the Administrator for his approval.
2. The Administrator shall approve a remedial agreement only if:
(a) The agreement:
(1) Provides for the recovery by the Division of all direct
and indirect costs, in excess of the application fee, of overseeing and
supervising the removal or remediation of the hazardous substance or
substances on the property;
(2) Specifies the substance to be removed from or remediated
on the property, the actions to be taken and the standards to be met with
respect to removal or remediation, and the uses for which the property
will not be suitable after the removal or remediation is carried out; and
(3) Includes a grant to the Administrator of an irrevocable
easement or right of entry onto the property to oversee and observe the
work during and after the removal or remediation;
(b) The removal or remediation of the hazardous substance or
substances will:
(1) Restore the property to the condition to which it would
be restored if the Division caused action to be taken pursuant to NRS
459.537 ;
(2) Not cause, contribute to or worsen any release or
threatened release of a hazardous substance on the property;
(3) Adequately protect human health and the environment; and
(4) Comply with any applicable regulations adopted by the
Commission pursuant to NRS 459.656 ; and
(c) The participant is financially capable of undertaking the
removal or remediation of the hazardous substance or substances.
3. If the participant is not the owner of the property, the
Administrator shall not approve a remedial agreement unless the owner
first agrees to the terms of the agreement.
4. Before approving a remedial agreement, the Administrator shall:
(a) Publish a notice and brief summary of the agreement in a
newspaper of general circulation in the county where the property is
located;
(b) Make reasonable efforts to provide personal notice to all
responsible parties known to him and to all owners and residents of
property within 500 yards of the outer boundary of the property on which
the work is to be performed;
(c) Provide 30 days for the submission of written comments; and
(d) Hold a public hearing in the county where the property is
located.
5. If the Administrator disapproves a proposed remedial agreement,
he shall deliver to the participant, within 30 days after the
disapproval, a written explanation of the reasons for the disapproval.
(Added to NRS by 1999, 2690 )
1. After a participant has completed the action specified in his
remedial agreement for the removal or remediation of hazardous
substances, the participant shall certify to the Administrator that the
action has been completed according to the agreement. After the
Administrator has verified the certification, he shall issue the
participant a certificate of completion.
2. A certificate of completion must:
(a) Contain the name of the participant and of any other person
relieved from liability by the certificate and the legal description of
the property to which it relates;
(b) Summarize the nature of the removal or remediation performed on
the property, and the nature of the relief provided by NRS 459.610 to 459.658 ,
inclusive; and
(c) Be recorded by the Administrator in the office of the county
recorder of the county where the real property is located, and indexed to
show its relation to that real property.
3. If the Administrator does not issue a certificate of completion
after receiving the participant’s certification that the work has been
completed, he shall deliver to the participant, within 30 days after his
receipt of the certificate, a written explanation of the reasons why the
certificate was not issued.
(Added to NRS by 1999, 2691 )
1. Except as otherwise provided in NRS 459.642 , the holder of a certificate of completion
issued by the Administrator is not a responsible party with respect to a
release of a hazardous substance occurring on the property to which the
certificate relates before the certificate was issued. The State may not
maintain an action pursuant to federal law or NRS 459.537 to recover costs from the holder with respect
to such a release.
2. The relief from liability provided by a certificate of
completion remains effective despite a subsequent change in state or
federal law.
(Added to NRS by 1999, 2692 )
The holder of a certificate of completion is not
released from liability:
1. If he obtained approval of his application, approval of his
remedial agreement or issuance of the certificate by means of fraud,
misrepresentation or a knowing failure to disclose material information;
2. If the existence of the hazardous substance on the property was
not disclosed in his remedial agreement, whether or not he knew or should
have known of its existence;
3. With respect to a release of a hazardous substance caused by
him or his agent, unless the release is remedied before the certificate
of completion is issued and is included in the certificate of completion;
4. In a criminal prosecution or an action for damage to a natural
resource;
5. In an action for nuisance at common law, for trespass or for
the conduct of an abnormally dangerous activity;
6. With respect to a use of the property for which the property is
no longer suitable after the removal or remediation has been carried out,
as identified pursuant to subparagraph (2) of paragraph (a) of subsection
2 of NRS 459.636 ; or
7. For a release of any hazardous substance not specified in the
remedial agreement.
(Added to NRS by 1999, 2692 )
1. The relief from liability provided by NRS 459.640 extends to another person who:
(a) Purchases or leases the property to which the certificate of
completion relates; or
(b) Acquires, merges with or purchases substantially all of the
assets of the holder of the certificate,
Ê after the certificate is issued, if the other person is not otherwise a
responsible party. The other person is subject to any duties of the
original holder of the certificate under the remedial agreement or the
certificate.
2. The relief provided to a subsequent owner or lessee continues
even if it is determined that the original holder of the certificate is
not released from liability because of a provision of NRS 459.642 if:
(a) The subsequent owner or lessee purchased or leased the property
in good faith for its fair market value; and
(b) The actions of the original holder of the certificate cannot be
attributed to the subsequent owner or lessee under a provision of law
other than this chapter.
3. If the original holder of a certificate of completion is a
prospective purchaser, the relief from liability provided by NRS 459.640
extends to the person from whom he
purchases the property if:
(a) The seller and purchaser so agree;
(b) The seller bears the expense of removal or remediation
performed on the property, directly or indirectly;
(c) The seller is a responsible party only because of his ownership
of the property; and
(d) The Administrator approves the extension of relief and
incorporates it into the certificate of completion.
(Added to NRS by 1999, 2692 )
1. A person who, without participating in the management of a
parcel of real property, holds or is the beneficiary of evidence of title
to the property primarily to protect a security interest in the property
is not a responsible party with respect to a release of a hazardous
substance on the property if:
(a) The owner of the property is relieved from liability under NRS
459.610 to 459.658 , inclusive, with respect to the release;
(b) The owner or holder of evidence of title did not cause the
release; and
(c) The owner or holder of evidence of title does not participate
actively in decisions concerning hazardous substances on the property.
2. A lender to a prospective purchaser who has filed an
application to participate in the program pursuant to NRS 459.634 or a lender who forecloses his security
interest in property pursuant to NRS 40.430 to 40.450 ,
inclusive, or 107.080 to 107.100 , inclusive, and within a reasonable period
after the foreclosure, not to exceed 2 years, sells, transfers or conveys
the property to a prospective purchaser who has filed an application to
participate in the program pursuant to NRS 459.634 is not a responsible party solely as a result
of:
(a) Foreclosing a security interest in the property; or
(b) Making a loan to the prospective purchaser if the loan:
(1) Is to be used for acquiring property or removing or
remediating hazardous substances on property; and
(2) Is secured by the property that is to be acquired or on
which is located the hazardous substances that are to be removed or
remediated.
(Added to NRS by 1999, 2693 )
A
prospective purchaser is not a responsible party solely as the result of:
1. Conducting an environmental assessment of real property;
2. Contracting to purchase, or acquiring an option to purchase,
real property;
3. Applying to participate in a program; or
4. Conducting or supervising removal or remediation of a hazardous
substance or substances, while exercising reasonable care, pursuant to an
approved remedial agreement.
(Added to NRS by 1999, 2694 )
1. The holder of a certificate of completion may maintain an
action against a responsible party to recover the holder’s costs of
performing removal or remediation of a hazardous substance or substances
pursuant to a program.
2. If the holder is a prospective purchaser and his seller
qualifies for relief from liability pursuant to NRS 459.644 , the seller may maintain an action against a
responsible party to recover the seller’s costs of performing removal or
remediation of a hazardous substance or substances pursuant to a program.
(Added to NRS by 1999, 2694 )
1. A participant may terminate his participation in a program upon
30 days’ written notice to the Administrator.
2. The Administrator may terminate the participation of a
participant in a program only if:
(a) The participant, after a reasonable period, has not proposed
and is unlikely to be able to propose a remedial agreement that meets the
requirements of NRS 459.636 ;
(b) The participant fails materially to comply with the
requirements of the remedial agreement or NRS 459.610 to 459.658 ,
inclusive; or
(c) From information not known to the Administrator when the
remedial agreement was approved, he determines that the removal or
remediation in progress or to be performed on the property poses an
imminent and substantial threat of harm to human health or the
environment.
3. An application, remedial agreement or certificate of completion
is not an admission of liability on the part of the applicant or
participant, but a termination of participation does not otherwise affect
the rights of the Division.
(Added to NRS by 1999, 2694 )
1. A decision of the Administrator to approve an application or a
remedial agreement or to issue a certificate of completion is final and
may not be reviewed.
2. If the Administrator denies an application for any reason other
than incompleteness, disapproves a proposed remedial agreement, does not
issue a certificate of completion within the time allowed or terminates
the participation of a participant in a program, the applicant or
participant may apply to the Commission to review the decision pursuant
to chapter 233B of NRS.
(Added to NRS by 1999, 2694 )
The Commission
shall adopt such regulations as the Commission determines are necessary
to carry out the provisions of NRS 459.610 to 459.658 ,
inclusive. Regulations adopted pursuant to this section:
1. Must include, without limitation, provisions relating to the:
(a) Duties and functions of consultants who are certified, or
exempt from the requirement of certification, as provided by NRS 459.500
;
(b) Financial capability and responsibility required of a
participant; and
(c) Required form and content of and any fee required to be
submitted with an application, certificate or remedial agreement.
2. May include, without limitation, provisions relating to the
issuance of a temporary, interim or partial certificate of completion or
progress with respect to a remedial agreement.
(Added to NRS by 1999, 2694 )
The Administrator shall
make a good faith effort to negotiate with the Environmental Protection
Agency to ensure that a certificate of completion issued pursuant to NRS
459.610 to 459.658 , inclusive, will relieve a participant from
liability to the United States to the same extent as those sections
provide relief from liability to this State.
(Added to NRS by 1999, 2695 )
HANDLING OF HAZARDOUS MATERIALS
General Provisions
As used in NRS 459.700 to 459.780 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 459.7005 to 459.7032
, inclusive, have the meanings ascribed
to them in those sections.
(Added to NRS by 1987, 1750; A 1989, 278; 1991, 1109; 1993, 139,
264, 840, 842, 848, 851; 1995, 546; 1999, 3350 )
“Base state” means a
participating state designated by a motor carrier pursuant to the uniform
program as the base state of the motor carrier.
(Added to NRS by 1999, 3344 )
“Commission” means the State
Emergency Response Commission.
(Added to NRS by 1993, 845)
“Department” means the
Department of Public Safety.
(Added to NRS by 1993, 845; A 2001, 2626 )
“Director” means the Director of
the Department of Public Safety.
(Added to NRS by 1993, 845; A 2001, 2627 )
“Division” means the Nevada
Highway Patrol Division of the Department of Public Safety.
(Added to NRS by 1993, 845; A 2001, 2627 )
“Extremely
hazardous material” means any material or combination of materials listed
in Appendix A or B of Part 355 of Title 40 of the Code of Federal
Regulations.
(Added to NRS by 1993, 845)
“Hazardous material”
means any substance or combination of substances, including any hazardous
material, hazardous waste, hazardous substance or marine pollutant:
1. Of a type and amount for which a vehicle transporting the
substance must be placarded pursuant to 49 C.F.R. Part 172;
2. Of a type and amount for which a uniform hazardous waste
manifest is required pursuant to 40 C.F.R. Part 262; or
3. Which is transported in bulk packaging, as defined in 49 C.F.R.
§ 171.8.
(Added to NRS by 1993, 845; A 1999, 3350 )
“Motor carrier” means a
person who owns or operates one or more motor vehicles used to transport
a hazardous material.
(Added to NRS by 1999, 3344 )
“Participating
state” means a state that has entered into a reciprocal agreement with
this State to participate in the uniform program.
(Added to NRS by 1999, 3344 )
“Person” includes any agency or
political subdivision of this State.
(Added to NRS by 1993, 845)
“Uniform application”
means an application to register and obtain a permit for the
transportation of hazardous materials pursuant to the uniform program.
(Added to NRS by 1999, 3344 )
“Uniform program” means
the program established pursuant to 49 U.S.C. § 5119 to regulate the
transportation of hazardous materials.
(Added to NRS by 1999, 3344 )
1. The Commission is the state agency responsible for coordinating:
(a) The collection of fees relating to hazardous materials;
(b) The standardization of forms for reporting information relating
to hazardous materials; and
(c) The adoption of regulations necessary to carry out the
provisions of paragraphs (a) and (b),
Ê by state agencies and local governmental agencies responsible for the
regulation of hazardous materials.
2. Each state agency or local governmental agency which is
responsible for the regulation of hazardous materials shall, in
consultation with the Commission:
(a) Cooperate to eliminate any duplications, conflicts or
inconsistencies in regulations relating to hazardous materials;
(b) Review periodically the forms for reporting information
relating to hazardous materials to determine whether the forms are easy
to understand and complete and, if appropriate, revise the forms
accordingly;
(c) Cooperate, if possible, to develop a uniform format for
reporting information relating to hazardous materials;
(d) Cooperate to ensure that local governmental agencies which
respond to emergencies involving hazardous materials receive reports in a
timely manner; and
(e) Consolidate, if possible, the collection of fees relating to
hazardous materials.
(Added to NRS by 1993, 264)
Transportation; Reporting and Collection of Information
Except as otherwise required by federal law, before
transporting a hazardous material upon a public highway of this State, a
motor carrier shall register with and obtain a permit for the
transportation of hazardous materials:
1. From the Department; or
2. If the motor carrier has designated another participating state
as its base state pursuant to the uniform program, from the base state.
(Added to NRS by 1999, 3344 )
Except as
otherwise required by federal law, a motor carrier who is required to
register with and obtain a permit from the Department pursuant to NRS
459.7052 :
1. Except as otherwise provided in subsection 2, is not required
to provide on a uniform application any information required solely from
a motor carrier who transports hazardous waste.
2. For the transportation of any radioactive waste must provide
all the information required on a uniform application, including any
information required solely from a motor carrier who transports hazardous
waste.
(Added to NRS by 1999, 3345 )
1. Except as otherwise provided in subsection 2 or required by
federal law, the following information is confidential when provided to
the Department on a uniform application:
(a) Any information regarding the ownership of a motor carrier.
(b) Any information regarding a parent company, affiliate or
subsidiary of a motor carrier.
(c) Any information regarding the financial balance sheet and
statement of income of a motor carrier.
(d) Any information regarding the liability of a motor carrier for
any debts.
(e) Any information regarding the customers of a motor carrier,
including the services provided to specific customers.
2. The Department may, to the extent required for the
administration of the uniform program, disclose any information described
in subsection 1 to:
(a) An appropriate agency of the Federal Government or a
participating state; or
(b) A national repository established to assist in the
administration of the uniform program.
(Added to NRS by 1999, 3345 )
1. Except as otherwise required by federal law, the Department
shall immediately suspend or revoke the registration and permit for the
transportation of hazardous materials, or deny the approval of an
application for such a registration and permit, by a motor carrier who:
(a) Knowingly makes a materially false or misleading statement on
the application for the registration and permit;
(b) Is assigned an unsatisfactory safety rating pursuant to 49
C.F.R. Part 385;
(c) Is subject to an order entered pursuant to 49 C.F.R. § 386.72;
(d) Does not maintain the financial responsibility for liability
required pursuant to 49 C.F.R. Part 387 and the laws of this State;
(e) Knowingly uses a forged certificate of registration or permit
for the transportation of hazardous materials;
(f) Knowingly allows the use of his registration or permit for the
transportation of hazardous materials by any person other than an agent
or employee of the motor carrier; or
(g) Is convicted of a serious violation or repeated violations 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 the reasons for
its action and of any action the motor carrier may take to obtain the
reinstatement of his registration and permit or the approval of his
application; and
(b) Provide the motor carrier with an opportunity for a fair and
impartial hearing on the matter.
(Added to NRS by 1999, 3345 ; A 2001, 900 )
1. The Department shall not issue a permit required pursuant to
NRS 459.7052 to a motor carrier who is
seeking to transport radioactive waste upon a public highway of this
State without first determining that the carrier transporting the waste
is in compliance and will continue to comply with all laws and
regulations of this State and the Federal Government respecting the
handling and transportation of radioactive waste and the safety of
drivers and vehicles.
2. Any motor carrier who maintains his books and records outside
of this State must, in addition to any other assessments and fees
provided by law, be assessed by the Department for an amount equal to the
travel expenses, including the excess of the out-of-state subsistence
allowances over the in-state subsistence allowances, as fixed by NRS
281.160 , of employees of the Department
for investigations, inspections and audits which may be required to be
performed outside of this State in carrying out the provisions of
subsection 1.
3. The assessment provided for in subsection 2 must be determined
by the Department upon the completion of each such investigation,
inspection or audit and is due within 30 days after the date on which the
affected motor carrier receives the assessment. The records of the
Department relating to the additional costs incurred by reason of
necessary travel must be open for inspection by the affected carrier at
any time within the 30-day period.
(Added to NRS by 1999, 3346 ; A 2001, 901 )
1. A motor carrier who is transporting radioactive waste shall
reject any package containing the waste which is tendered to him for
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. Part 172, Subpart
D;
(2) Label required pursuant to 49 C.F.R. Part 172, Subpart
E; or
(3) Placard required pursuant to 49 C.F.R. Part 172, Subpart
F; or
(c) Is not accompanied by a:
(1) Shipping paper required pursuant to 49 C.F.R. Part 172,
Subpart C; or
(2) Manifest required pursuant to 10 C.F.R. Part 20,
Appendix G.
2. A carrier who accepts radioactive waste for transport in this
State is liable for any package in his custody which leaks or spills its
contents, does not bear the required marking, label or placard, or is not
accompanied by the required shipping paper or manifest, unless, in the
case of a leak or spill of the waste and by way of affirmative defense,
the carrier proves that he did not and could not know of the leak when he
accepted the package for transport.
(Added to NRS by 1993, 846; A 1999, 3351 ; 2001, 901 )
1. A motor carrier shall not transport any high-level radioactive
waste or spent nuclear fuel upon a public highway of this State unless:
(a) The high-level radioactive waste or spent nuclear fuel is
contained in a package that has been approved for that purpose pursuant
to 10 C.F.R. Part 71; and
(b) The carrier has complied with the provisions of 10 C.F.R. Part
71 and 10 C.F.R. Part 73 requiring the advance notification of the
Governor of this State or his designee.
2. As used in this section:
(a) “High-level radioactive waste” has the meaning ascribed to it
in 10 C.F.R. § 72.3.
(b) “Spent nuclear fuel” has the meaning ascribed to it in 10
C.F.R. § 72.3.
(Added to NRS by 1999, 3346 ; A 2001, 901 )
1. Except as otherwise required by federal law, an authorized
agent of the Department may:
(a) Conduct any examination or inspection of a motor vehicle or
facility;
(b) Conduct any investigation, audit or other review; and
(c) Inspect and electronically reproduce any record, document or
other evidentiary material,
Ê as is necessary to determine the applicability of the provisions of NRS
459.7052 to 459.728 , inclusive, and any regulations adopted
pursuant thereto, to any person or motor vehicle, and to determine
whether the person or motor vehicle is in compliance therewith.
2. The Director shall adopt regulations governing the inspection
of vehicles pursuant to subsection 1 based on standards adopted by a
nonprofit organization comprised of representatives from private
industry, state agencies, agencies of the Federal Government and other
governmental agencies, which is dedicated to improving the safety of
commercial vehicles.
(Added to NRS by 1999, 3347 )
1. The Repository for Information Concerning Hazardous Materials
in Nevada is hereby created within the Division.
2. The Commission shall coordinate the collection of information
for the Repository and may adopt regulations for that purpose which are
consistent with all applicable laws and with any regulations adopted by
the Director regarding the management and operation of the Repository.
3. Every state and local governmental agency concerned with the
generation, transportation, shipment, storage or disposal of hazardous
materials shall submit to the Division pursuant to the regulations of the
Department and the Commission such information it collects regarding
hazardous materials as required by the Commission.
4. The Division shall collect, maintain and arrange all
information submitted to it concerning hazardous materials.
5. The Division may, in a manner consistent with applicable laws
and regulations:
(a) Disseminate any information which is contained in the
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 and state
repositories to facilitate exchanges of such information.
(Added to NRS by 1987, 1751; A 1991, 1110)
1. A person responsible for the care, custody or control of a
hazardous material which is involved in an accident or incident occurring
during the transportation of the hazardous material by a motor carrier,
including any accident or incident occurring during any loading,
unloading or temporary storage of the hazardous material while it is
subject to active shipping papers and before it has reached its ultimate
consignee, shall notify the Division, consistent with the requirements of
49 C.F.R. § 171.15, as soon as practicable if, as a result of the
hazardous material:
(a) A person is killed;
(b) A person receives injuries that require hospitalization;
(c) Any damage to property exceeds $50,000;
(d) There is an evacuation of the general public for 1 hour or more;
(e) One or more major transportation routes or facilities are
closed or shut down for 1 hour or more;
(f) There is an alteration in the operational flight pattern or
routine of any aircraft;
(g) Any radioactive contamination is suspected;
(h) Any contamination by an infectious substance is suspected;
(i) There is a release of a liquid marine pollutant in excess of
450 liters or a solid marine pollutant in excess of 400 kilograms; or
(j) Any situation exists at the site of the accident or incident
which, in the judgment of the person responsible for the care, custody or
control of the hazardous material, should be reported to the Division.
2. The notification required pursuant to this section must include:
(a) The name of the person providing the notification;
(b) The name and address of the motor carrier represented by that
person;
(c) The telephone number where that person can be contacted;
(d) The date, time and location of the accident or incident;
(e) The extent of any injuries;
(f) The classification, name and quantity of the hazardous material
involved, if that information is available; and
(g) The type of accident or incident, the nature of the hazardous
material involved and whether there is a continuing danger to life at the
scene of the accident or incident.
3. A person may satisfy the requirements of this section by
providing the information specified in subsection 2 to the person who
responds to a telephone call placed to:
(a) The number 911 in an area where that number is used for
emergencies; or
(b) The number zero in an area where the number 911 is not used for
emergencies.
(Added to NRS by 1999, 3347 ; A 2001, 902 )
The Director shall adopt regulations for the
participation of this State in the uniform program. The regulations
adopted pursuant to this section must be consistent with, and equivalent
in scope, coverage and content to:
1. Except as otherwise provided in subsection 2, the
recommendations contained in the final report of the working group
established pursuant to 49 U.S.C. § 5119; or
2. If the Secretary of Transportation prescribes regulations
pursuant to 49 U.S.C. § 5119, the regulations of the Secretary of
Transportation.
(Added to NRS by 1999, 3344 )
1. The Director is responsible for administering the provisions of
NRS 459.7052 to 459.728 , inclusive, and, subject to the limitations
contained in those provisions, may adopt such regulations as he deems
necessary for that purpose. The regulations adopted pursuant to this
section must be consistent with any applicable statutes and regulations
of the Federal Government.
2. The Director shall adopt regulations:
(a) For the security of the Repository for Information Concerning
Hazardous Materials in Nevada so that it is adequately protected from
fire, theft, loss, destruction, other hazards and unauthorized access.
(b) Prescribing the manner in which information concerning
hazardous materials is submitted to the Division by state and local
governmental agencies.
(c) Providing for the imposition of fees to pay the cost of:
(1) Any registration and permitting required to carry out
the uniform program; and
(2) Any other regulation pursuant to the provisions of NRS
459.7052 to 459.728 , inclusive.
Ê Money received by the Department from the fees imposed pursuant to this
paragraph must be deposited with the State Treasurer for credit to the
State Highway Fund and used only to carry out the provisions of NRS
459.7052 to 459.728 , inclusive.
3. The Director, on behalf of this State, may enter into any
agreements with:
(a) The Federal Government;
(b) Other states; and
(c) A national repository established to assist in the
administration of the uniform program,
Ê as are appropriate for the administration of the uniform program.
(Added to NRS by 1987, 1752; A 1993, 850; 1999, 3351 )
Except as otherwise required by federal law, the
provisions of NRS 459.7052 to 459.728
, inclusive, and the regulations adopted
pursuant thereto do not apply to the transportation of a hazardous
material by any vehicle which is owned and operated by the Federal
Government, this State or any political subdivision of this State.
(Added to NRS by 1999, 3348 )
1. Except as otherwise provided in subsection 2, the provisions of
NRS 459.7052 to 459.728 , inclusive, and the regulations adopted
pursuant thereto supersede and preempt any ordinance or regulation
adopted by the governing body of a political subdivision of this State
governing the transportation of a hazardous material upon a public
highway of this State.
2. The provisions of subsection 1 do not apply to any ordinance or
regulation:
(a) For the control of traffic generally; or
(b) Which is approved by the Board of Directors of the Department
of Transportation pursuant to paragraph (b) of subsection 3 of NRS
484.779 .
(Added to NRS by 1999, 3348 )
State Emergency Response Commission
1. The Contingency Account for Hazardous Materials is hereby
created in the State General Fund.
2. The Commission shall administer the Contingency Account for
Hazardous Materials and, except as otherwise provided in subsection 4,
the money in the Account may be expended only for:
(a) Carrying out the provisions of NRS 459.735 to 459.773 ,
inclusive;
(b) Carrying out the provisions of 42 U.S.C. §§ 11001 et seq. and
49 U.S.C. §§ 5101 et seq.;
(c) Maintaining and supporting the operations of the Commission and
local emergency planning committees;
(d) Training and equipping state and local personnel to respond to
accidents and incidents involving hazardous materials; and
(e) The operation of training programs and a training center for
handling emergencies relating to hazardous materials and related fires
pursuant to NRS 477.045 .
3. All money received by this State pursuant to 42 U.S.C. §§ 11001
et seq. or 49 U.S.C. §§ 5101 et seq. must be deposited with the State
Treasurer to the credit of the Contingency Account for Hazardous
Materials. In addition, all money received by the Commission from any
source must be deposited with the State Treasurer to the credit of the
Contingency Account for Hazardous Materials. The State Controller shall
transfer from the Contingency Account to the Operating Account of the
State Fire Marshal such money collected pursuant to chapter 477 of NRS as is authorized for expenditure in the
budget of the State Fire Marshal for use pursuant to paragraph (e) of
subsection 2.
4. Any fees deposited with the State Treasurer for credit to the
Contingency Account for Hazardous Materials pursuant to subsection 5 of
NRS 482.379365 must be accounted for
separately and must be expended solely to provide financial assistance to
this State or to local governments in this State to support preparedness
to combat terrorism, including, without limitation, planning, training
and purchasing supplies and equipment.
5. Upon the presentation of budgets in the manner required by law,
money to support the operation of the Commission pursuant to this
chapter, other than its provision of grants, must be provided by direct
legislative appropriation from the State Highway Fund or other
legislative authorization to the Contingency Account for Hazardous
Materials.
6. The interest and income earned on the money in the Contingency
Account for Hazardous Materials, after deducting any applicable charges,
must be credited to the Account.
7. All claims against the Contingency Account for Hazardous
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; 1999, 3352 ; 2001, 1833 ; 2001 Special Session, 143 ; 2003, 274 , 362 )
1. The State Emergency Response Commission is hereby created for
the purpose of carrying out the provisions of 42 U.S.C. §§ 11001 et seq.
and other matters relating thereto.
2. The Commission consists of not more than 25 members appointed
by the Governor. The Governor shall, to the extent practicable, appoint
persons to the Commission who have technical expertise in responding to
emergencies.
3. The term of each member of the Commission is 4 years. A member
may be reappointed, and there is no limit on the number of terms that a
member may serve.
4. The Governor shall appoint one or more of the members of the
Commission to serve as Chairman or Cochairmen.
5. The Commission may employ, within the limits of legislative
appropriations, such staff as is necessary to the performance of its
duties.
(Added to NRS by 1991, 1108; A 1997, 2544; 2001, 903 )
The Commission may:
1. Adopt regulations for the purpose of enforcing its
responsibilities pursuant to 42 U.S.C. §§ 11001 et seq.
2. Accept gifts and grants of money and other revenues for the
purpose of enforcing its responsibilities pursuant to 42 U.S.C. §§ 11001
et seq.
(Added to NRS by 1987, 1753; A 1991, 1111; 2001, 904 )
The Commission, in carrying out
its duties and within the limits of legislative appropriations and other
available money, may:
1. Enter into contracts, leases or other agreements or
transactions;
2. Provide grants of money to local emergency planning committees
to improve their ability to respond to emergencies involving hazardous
materials;
3. Assist with the development of comprehensive plans for
responding to such emergencies in this State;
4. Provide technical assistance and administrative support to the
Telecommunications Unit of the Communication and Computing Division of
the Department of Information Technology for the development of systems
for communication during such emergencies;
5. Provide technical and administrative support and assistance for
training programs;
6. Develop a system to provide public access to data relating to
hazardous materials;
7. Support any activity or program eligible to receive money from
the Contingency Account for Hazardous Materials;
8. Adopt regulations setting forth the manner in which the
Division of Emergency Management of the Department shall:
(a) Allocate money received by the Division which relates to
hazardous materials or is received pursuant to 42 U.S.C. §§ 11001 et seq.
or 49 U.S.C. §§ 5101 et seq.; and
(b) Approve programs developed to address planning for and
responding to emergencies involving hazardous materials; and
9. Coordinate the activities administered by state agencies to
carry out the provisions of this chapter, 42 U.S.C. §§ 11001 et seq. 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 ; 2003, 17 )
The Commission
shall establish by regulation:
1. A schedule of fees for its services and regulatory activities.
The fees must be set at an amount which approximates the cost to the
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 an
extremely hazardous material in an amount greater than the threshold
planning quantity 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 such material is
stored; and
(b) A surcharge for each ton of such material stored in excess of 1
ton,
Ê and must be paid 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 by each person
who manufactures for transport an extremely hazardous material in an
amount greater than the threshold planning quantity 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 such material is
manufactured; and
(b) A surcharge for each ton of such material which is manufactured
for transport in this State,
Ê and must be paid on or before January 31 of each year for the preceding
calendar year.
4. A reporting fee, not to exceed $15,000 per year, to be paid,
except as otherwise provided in subsection 5, by each person who is
required to submit a toxic chemical release form pursuant to 42 U.S.C. §§
11001 et seq., which becomes due upon the filing of the form.
5. A method for limiting the amount of fees established pursuant
to subsections 2 and 4 so that the aggregate amount of the fees imposed
on a person during any calendar year does not exceed $15,000.
(Added to NRS by 1991, 1109; A 1995, 454; 1999, 254 ; 2001, 904 ; 2003, 826 ; 2005, 54 )
Responding to Spills, Accidents and Incidents
As used in NRS 459.750 to 459.770 ,
inclusive:
1. “Does not act promptly and appropriately” means that the person:
(a) Cannot be notified of the incident within 2 hours after the
initial attempt to contact him;
(b) Does not, within 2 hours after receiving notification of the
incident, make an oral or written commitment to clean and decontaminate
the affected area properly;
(c) Does not act upon the commitment within 24 hours after making
it;
(d) Does not clean and decontaminate the affected area properly; or
(e) Does not act immediately to clean and decontaminate the
affected area properly, if his inaction presents an imminent and
substantial hazard to human health, public safety or the environment.
2. “Responding” means any efforts to mitigate, attempt to mitigate
or assist in the mitigation of the effects of a spill of or accident
involving hazardous material, including, without limitation, efforts to:
(a) Contain and dispose of the hazardous material.
(b) Clean and decontaminate the area affected by the spill or
accident.
(c) Investigate the occurrence of the spill or accident.
(Added to NRS by 1993, 838)
Any person who possessed or had in
his care any hazardous material involved in a spill or accident requiring
the cleaning and decontamination of the affected area is responsible for
that cleaning and decontamination.
(Added to NRS by 1987, 1753)
If the person responsible for hazardous material involved
in a spill or accident does not act promptly and appropriately to clean
and decontaminate the affected area, and if his inaction presents an
imminent and substantial hazard to human health, public safety, any
property or the environment, money from the Contingency Account for
Hazardous Materials may be expended to pay the costs of:
1. Responding to a spill of or an accident involving hazardous
material;
2. Coordinating the efforts of state, local and federal agencies
responding to a spill of or an accident involving hazardous material;
3. Managing the cleaning and decontamination of an area for the
disposal of hazardous material or the site of a spill of or an accident
involving hazardous material; or
4. Removing or contracting for the removal of hazardous material
which presents an imminent danger to human health, public safety or the
environment.
(Added to NRS by 1987, 1753; A 1991, 1774)
1. Except as otherwise provided in this subsection, any state
agency accruing expenses in responding to a spill of or an accident
involving hazardous material may present an itemized accounting of those
expenses with a demand for reimbursement of those expenses to the person
responsible for the hazardous material. Payment of the reimbursement must
be made within 60 days after the person receives notice from the agency
of the amount due. The provisions of this section do not apply to a spill
of or an accident involving natural gas or liquefied petroleum gas while
it is under the responsibility of a public utility.
2. If the state agency cannot recover the full amount of
reimbursement from the person responsible, it may report to the
Commission its need for additional funding. The Commission shall notify
the Senate Standing Committee on Finance and the Assembly Standing
Committee on Ways and Means during a regular or special session of the
Legislature, or the Interim Finance Committee if the Legislature is not
in session, of the state agency’s need for additional funding.
3. At the request of the state agency, and at any time after the
payment for reimbursement is due, the Attorney General shall initiate
recovery by legal action of the amount of any unpaid reimbursement plus
interest at a rate determined pursuant to NRS 17.130 computed from the date of the incident.
(Added to NRS by 1987, 1754; A 1993, 841)
Any reimbursement and
penalty recovered by the Attorney General from a person responsible for
hazardous material involved in a spill or accident must be deposited with
the State Treasurer for credit to the Contingency Account for Hazardous
Materials.
(Added to NRS by 1987, 1754; A 1991, 1774)
Any county or city in this State may adopt an ordinance
authorizing its legal representative to initiate recovery by legal action
from the person responsible for any hazardous material involved in a
spill or accident of the amount of any costs incurred by the county or
city in responding to the spill of or accident involving hazardous
material.
(Added to NRS by 1987, 1754; A 1993, 841)
1. The State Fire Marshal shall, in cooperation with local fire
departments, develop a reference guide for use by state and local
personnel who respond to accidents and incidents involving hazardous
materials. The reference guide must provide information which is readily
accessible regarding procedures for responding to the first critical
moments of an accident or incident involving hazardous materials.
2. The State Fire Marshal shall make available, upon request, the
reference guide developed pursuant to subsection 1 to local governments,
state and local personnel who respond to accidents and incidents
involving hazardous materials and students enrolled in training programs
for responding to accidents and incidents involving hazardous materials.
(Added to NRS by 1993, 139)
Penalties
1. In addition to any applicable criminal penalties, the
Department may, after providing written notice and an opportunity for a
fair and impartial hearing, impose a civil penalty, in an amount
determined pursuant to the schedule adopted by the Director pursuant to
this section, upon a person who violates a provision of NRS 459.7052
to 459.728 , inclusive, or the regulations adopted
pursuant thereto. The notice required by this section must include the
amount of the penalty and a description of the violation.
2. The Director shall adopt a schedule of civil penalties for the
purposes of this section based on a schedule of recommended fines adopted
by a nonprofit organization comprised of representatives from private
industry, state agencies, agencies of the Federal Government and other
governmental agencies, which is dedicated to improving the safety of
commercial vehicles.
3. The Department may bring an action to recover a civil penalty
imposed pursuant to this section and shall deposit any money collected
with the State Treasurer for credit to the State Highway Fund.
(Added to NRS by 1999, 3348 )
Any person who:
1. Transports a hazardous material in a motor vehicle without the
permit required pursuant to NRS 459.7052 ;
2. Transports a hazardous material in a motor vehicle that has not
been inspected pursuant to any regulations of the Department requiring an
inspection;
3. Fails to carry the permit required pursuant to NRS 459.7052
or a copy of the permit in the
driver’s compartment of the motor vehicle if required to do so by a
regulation of the Department;
4. Transports a hazardous material in a motor vehicle under a
permit required pursuant to NRS 459.7052 which has expired;
5. Violates any of the terms or conditions of a permit required
pursuant to NRS 459.7052 ; or
6. Fails to pay when due any fee established pursuant to NRS
459.744 ,
Ê is guilty of a misdemeanor.
(Added to NRS by 1987, 1754; A 1991, 1111; 1993, 2799; 1995, 454;
1999, 3352 )
Any person who:
1. Allows the use of a permit required pursuant to NRS 459.7052
by a person not entitled thereto;
2. Uses a permit required pursuant to NRS 459.7052 to which he is not entitled;
3. Alters, forges or counterfeits a permit required pursuant to
NRS 459.7052 ;
4. Uses a permit required pursuant to NRS 459.7052 which has been altered, forged or
counterfeited;
5. Submits false information on an application or other form used
to obtain a permit required pursuant to NRS 459.7052 ;
6. Transports a hazardous material in a motor vehicle under a
permit required pursuant to NRS 459.7052 which has been suspended or revoked; or
7. Transports a hazardous material in a motor vehicle which failed
to pass any inspection for safety required by a regulation of the
Department,
Ê is guilty of a gross misdemeanor.
(Added to NRS by 1987, 1754; A 1999, 3353 )
IMMUNITY FROM LIABILITY REGARDING PLANNING FOR AND RESPONDING TO
DISCHARGE OF HAZARDOUS MATERIAL
As used in NRS 459.790
to 459.796 , inclusive, unless the context otherwise
requires, “hazardous material” has the meaning ascribed to it in NRS
459.7024 , and includes any other
substance which is regulated pursuant to this chapter.
(Added to NRS by 1993, 823; A 1999, 3353 )
1. The State Emergency Response Commission, each local emergency
planning committee appointed by the Commission, and their respective
members are immune from liability for the death of or injury to persons,
and for injury to property, resulting from the performance of their
functions under this chapter and under 42 U.S.C. §§ 11001 et seq.
2. Except as limited by NRS 459.794 and 459.796 ,
a person who provides equipment, advice or other assistance in mitigating
or attempting to mitigate the effects of a discharge of hazardous
material, or in preventing, cleaning up or disposing of such a discharge,
or in attempting to prevent, clean up or dispose of such a discharge, is
immune from liability for the death of or injury to persons, and for
injury to property, resulting from those activities.
(Added to NRS by 1993, 823; A 2001, 905 )
The immunity provided by subsection 2 of
NRS 459.792 does not apply to:
1. Damages resulting from the person’s gross negligence or his
intentional, reckless or wanton misconduct;
2. A person:
(a) Whose act or failure to act was a cause of the discharge; or
(b) Who receives compensation other than:
(1) Reimbursement for his actual expenses in voluntarily
providing the equipment, advice or other assistance; or
(2) Compensation from his regular employer for the time
during which he is engaged in rendering the assistance or advice.
(Added to NRS by 1993, 823)
A person is entitled to immunity
under subsection 2 of NRS 459.792 only
if:
1. In the case of one furnishing advice or assistance, he is
qualified by training, education or experience in the handling of
hazardous materials and provides advice or assistance within the area of
his qualifications; and
2. He was requested to provide the equipment, advice or other
assistance by:
(a) The person responsible for the discharge;
(b) The Division of Emergency Management of the Department of
Public Safety;
(c) The Division of Industrial Relations of the Department of
Business and Industry;
(d) The Division of Environmental Protection of the State
Department of Conservation and Natural Resources;
(e) The Nevada Highway Patrol Division of the Department of Public
Safety;
(f) The State Fire Marshal Division of the Department of Public
Safety;
(g) The State Emergency Response Commission or a local emergency
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; 2001, 2627 )
STORAGE TANKS
As used in NRS 459.800 to 459.856 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 459.802 to 459.820
, inclusive, have the meanings ascribed
to them in those sections.
(Added to NRS by 1989, 769; A 1993, 208)
“Commission” means the State
Environmental Commission.
(Added to NRS by 1989, 770)
“Department” means the State
Department of Conservation and Natural Resources.
(Added to NRS by 1989, 770)
“Director” means the Director of
the Department.
(Added to NRS by 1989, 770)
“Division” means the Division of
Environmental Protection of the Department.
(Added to NRS by 1989, 770)
“Operator” means any person in
control of, or having responsibility for, the daily operation of a
storage tank.
(Added to NRS by 1989, 770)
“Owner” means any person who owns:
1. An underground storage tank used to store or dispense regulated
substances after November 8, 1984, or if the use of the tank was
discontinued before that date, the last person to own such a tank before
its use was discontinued; or
2. An aboveground storage tank used to store or dispense regulated
substances after October 1, 2003, or, if the use of the tank was
discontinued before that date, the last person to own such a tank before
its use was discontinued.
(Added to NRS by 1989, 770; A 2003, 2116 )
“Person” includes an agency of the
Federal Government, any state and its local governments.
(Added to NRS by 1989, 770)
“Regulated substance”
means:
1. Any petroleum substance or chemical regulated by the Federal
Resource Conservation and Recovery Act of 1976 (42 U.S.C. §§ 6901 et
seq.), that is contained in a storage tank, except that the term does not
include any substance subject to regulation under Subtitle C of that act
as hazardous waste; and
2. Any petroleum, including crude oil or any fraction thereof that
is liquid at standard condition of temperature and pressure, 60 degrees
Fahrenheit and 14.7 pounds per square inch absolute. The term includes,
but is not limited to, petroleum and petroleum-based substances comprised
of a complex blend of hydrocarbons derived from crude oil through
processes of separation, conversion, upgrading and finishing, such as
motor fuels, jet fuels, distillate fuel oils, residual fuel oils,
lubricants, solvents and used oils.
(Added to NRS by 1989, 770)
“Release” means the spilling,
leaking, emitting, discharging, escaping, leaching or disposing from a
storage tank into groundwater, surface water or surface or subsurface
soils.
(Added to NRS by 1989, 770)
“Storage tank” means any one
or combination of stationary tanks, including pipes connected thereto,
used to contain and accumulate regulated substances. The term includes
only:
1. Underground storage tanks that are regulated pursuant 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 storage capacity of at
least 110 gallons but not more than 30,000 gallons, including, without
limitation, aboveground storage tanks located over water and used to
supply fuel at a marina or other facility.
(Added to NRS by 1989, 770; A 2003, 2116 )
The Department is hereby designated to act as the
state agency for the purpose of federal laws and regulations governing
storage tanks and it may take any action necessary to secure the benefits
of any federal law relating to storage tanks.
(Added to NRS by 1989, 773)
The Director shall:
1. Administer the provisions of NRS 459.800 to 459.856 ,
inclusive, in a manner that is consistent with, and not more stringent
than, the applicable provisions of federal law;
2. Advise, consult and cooperate with other agencies of the State,
the Federal Government, other states, interstate agencies and other
persons in furthering the purposes of NRS 459.800 to 459.856 ,
inclusive;
3. Take steps necessary to qualify for, accept and administer
loans and grants from the Federal Government and other sources, public or
private, for carrying out the provisions of NRS 459.800 to 459.856 ,
inclusive;
4. Encourage, request, require the Department to participate in or
conduct, studies, surveys, investigations, research, experiments,
demonstrations and pilot programs by contract, grant or other means;
5. Collect and disseminate information to the public;
6. Hold hearings and issue subpoenas requiring the attendance of
witnesses and the production of evidence, as he finds necessary to carry
out the provisions of NRS 459.800 to
459.856 , inclusive;
7. Exercise all powers necessary to carry out the provisions of
NRS 459.800 to 459.856 , inclusive; and
8. Delegate to the Division any of his powers or duties set forth
in NRS 459.800 to 459.856 , inclusive.
(Added to NRS by 1989, 770)
1. The Commission shall coordinate:
(a) The collection of fees related to storage tanks;
(b) The adoption of regulations governing storage tanks; and
(c) The standardization of forms used by the agencies of the State
and local governments that regulate storage tanks for reporting
information relating to such storage tanks.
2. Each agency of this State and local government that regulates
storage tanks shall, in consultation with the Commission:
(a) Cooperate to eliminate any duplication, conflicts or
inconsistencies in regulations adopted to govern storage tanks;
(b) Review periodically the forms for reporting information related
to storage tanks to determine whether they are complete and easy to
understand and, if appropriate, revise the forms accordingly;
(c) Cooperate to develop a uniform format for reporting information
related to storage tanks;
(d) Cooperate to ensure that agencies of local governments that
respond to emergencies involving storage tanks receive reports of those
emergencies in a timely manner; and
(e) Consolidate the collection of fees related to storage tanks.
(Added to NRS by 1993, 207; A 2003, 2116 )
The
Commission shall adopt regulations to carry out the provisions of NRS
459.800 to 459.856 , inclusive. Those regulations must be based
upon studies, guidelines and regulations of the Federal Government and
must:
1. Set forth a means for an owner or operator of a storage tank to
notify the Division of the existence, size and location of and the
substances contained in the storage tank;
2. Issue standards of performance for the operation and
construction of a storage tank;
3. Establish requirements for the reporting of a release from a
storage tank and the reporting of corrective actions taken in response to
such a release;
4. Establish standards of financial responsibility for owners and
operators of storage tanks;
5. Require owners or operators of facilities having storage tanks
to maintain records and devices for the continuing observation of storage
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)
The owner or operator of a storage
tank shall notify the Department as required by regulations of the
Commission, of the existence, size, location, age, type, uses and name of
the owner of a storage tank.
(Added to NRS by 1989, 771)
The Commission shall adopt regulations which set forth standards of
performance for:
1. Storage tanks brought into use on or after the effective date
of such standards. The standards must address the:
(a) Design;
(b) Construction;
(c) Installation; and
(d) Compatibility of components,
Ê of storage tanks and systems for the detection of releases from storage
tanks.
2. Maintenance and keeping records of:
(a) Systems for the detection of releases from storage tanks;
(b) Systems for the testing of storage tanks;
(c) Systems for the monitoring of inventory of storage tanks; and
(d) Other systems designed to identify releases from storage tanks.
(Added to NRS by 1989, 771)
The Commission shall adopt regulations:
1. Establishing requirements for the closure of a storage tank or
the removal or disposal of a storage tank to prevent future releases of
regulated substances into the environment; and
2. Setting forth a plan for the management of storage tanks in the
entire State.
(Added to NRS by 1989, 771)
1. The Commission shall by regulation establish requirements for:
(a) Corrective action to be taken in response to a release from a
storage tank;
(b) Ensuring that the corrective action is cost-effective; and
(c) Maintaining evidence of the financial responsibility of owners
and operators of storage tanks.
2. In determining whether corrective action is required by the
presence of excessive petroleum in the soil, the Division shall consider,
unless waived by the Administrator of the Division:
(a) Factors peculiar to the site and to the contaminant; and
(b) The use of methods developed by the American Society for
Testing and Materials to assess health and environmental risks, or
equivalent procedures, to establish the need for corrective action and
the required level of corrective action.
(Added to NRS by 1989, 772; A 1995, 1891)
1. The Commission may by regulation set forth a procedure for the
granting, renewal, modification, suspension, revocation and denial of
permits to operate storage tanks.
2. Permits may contain terms and conditions which the Commission
considers necessary and which conform to law and regulations adopted by
the Commission.
3. The Commission may by regulation prescribe a reasonable fee to
be charged for the issuance of a permit.
(Added to NRS by 1989, 772)
All fees collected for the issuance of permits to
operate storage tanks, if such permits are required, and all
reimbursements and penalties recovered pursuant to NRS 459.840 to 459.856 ,
inclusive, must be deposited with the State Treasurer for credit to the
Account for the Management of Storage Tanks, which is hereby created in
the State General Fund. The money in the Account must be paid as other
claims against the State are paid.
(Added to NRS by 1989, 772; A 1993, 646)
1. Except as otherwise provided in subsections 2 and 3, money in
the Account for the Management of Storage Tanks may only be expended for
the continuing observation or other management of storage tanks.
2. If a person responsible for a release of a regulated substance
from a storage tank does not act promptly to clean and decontaminate the
affected area properly, and if that inaction presents an imminent and
substantial hazard to human health, public safety or the environment,
money from the Account may be expended to pay the costs of:
(a) Responding to a release of a regulated substance from a storage
tank;
(b) Coordinating the efforts of state, local and federal agencies
responding to a release from a storage tank;
(c) Managing the cleaning and decontamination of an area in which a
release from a storage tank has occurred; or
(d) Removing or contracting for the removal of a regulated
substance released from a storage tank which presents an imminent danger
to human health, public safety or the environment.
3. The Director shall demand reimbursement of the Account for
money expended pursuant to subsection 2 from any person who is
responsible for the release, or who owns or controls the storage tank, or
the area in which the release occurred. Payment of the reimbursement is
due within 20 days after the person receives notice from the Director of
the amount due. Reimbursement may include all costs actually incurred in
the investigation and cleanup. The Director may impose an administrative
penalty of not more than 5 percent of the amount of reimbursement for
each day the amount remains unpaid after the date the payment for
reimbursement is due.
4. At the request of the Director, the Attorney General shall seek
recovery by legal action of the amount of any unpaid reimbursement and
penalty.
(Added to NRS by 1989, 772; A 1993, 646)
The Department shall enforce the provisions of NRS
459.800 to 459.856 , inclusive, or any regulations adopted
pursuant to those sections, but may delegate responsibility for enforcing
those provisions to suitably qualified agencies of the political
subdivisions of this State.
(Added to NRS by 1989, 774)
In carrying out the provisions of NRS
459.800 to 459.856 , inclusive, the Commission, the Department and
the Attorney General may by subpoena require the attendance and testimony
of witnesses and the production of reports, papers, documents and other
evidence which they deem necessary.
(Added to NRS by 1989, 774)
1. Except as otherwise provided in this section, information which
the Department obtains in the course of the performance of its duties
relating to storage tanks is public information.
2. Any information which specifically relates to the trade secrets
of any person is confidential. The following information shall be deemed
a trade secret:
(a) Information concerning fuel additives. For the purposes of this
paragraph, “fuel additives” are ingredients which are present in fuel
compositions in amounts of less than 1 percent by weight, including
detergents, dispersants, demulsifiers and dyes.
(b) Any other information considered to be a trade secret by the
Director. A trade secret may include a formula, composition, process,
method of operation, compilation of information or apparatus which is
used in a person’s business and gives that person an opportunity to
obtain an advantage over competitors. In determining whether information
is a trade secret, the Director shall consider whether the information is
publicly available in written form and, if not, whether its disclosure
would tend to affect adversely the competitive position of the owner of
the information.
3. Any information which is confidential under subsection 2 may be
disclosed to any officer, employee or authorized representative of this
State or the United States if:
(a) He is engaged in carrying out the provisions of NRS 459.800
to 459.856 , inclusive, or the provisions of federal law
relating to storage tanks; or
(b) The information is relevant in any judicial proceeding or
adversary administrative proceeding under NRS 459.800 to 459.856 ,
inclusive, or under the provisions of federal law relating to storage
tanks, and is admissible under the rules of evidence.
Ê The disclosure must be made in a manner which preserves the status of
the information as a trade secret.
(Added to NRS by 1989, 773)
Any authorized
representative or employee of the Commission or the Department may, for
the purpose of carrying out his duties pursuant to NRS 459.800 to 459.856 ,
inclusive, or to enforce a regulation adopted pursuant to those sections:
1. Enter any place where the Department has reason to believe
there are storage tanks;
2. Inspect or obtain samples wherever the Department has reason to
believe a release from a storage tank may have occurred;
3. Inspect and copy any records, reports, information or results
of tests relating to the management of a storage tank; and
4. Inspect any system for the continuing observation of a storage
tank.
(Added to NRS by 1989, 773)
If the Department receives information that the
operation of a storage tank presents an imminent and substantial hazard
to human health, public safety or the environment, it may:
1. Issue an order directing the owner or operator of the storage
tank to take necessary steps to prevent the act or eliminate the practice
which constitutes the hazard.
2. Request that the Attorney General commence an action to enjoin
the practices or acts which constitute the hazard.
3. Take any other action designed to reduce or eliminate the
hazard.
(Added to NRS by 1989, 773)
Whenever the Director
finds that any person is engaging or has engaged in any act or practice
which violates any provision of NRS 459.800 to 459.856 ,
inclusive, or a regulation adopted pursuant to those sections or any term
or condition of a permit issued for the operation of a storage tank, he
may issue an order:
1. Specifying the provision which is alleged to have been violated
or which is about to be violated;
2. Setting forth the facts alleged to constitute the violation;
3. Prescribing any corrective action which must be taken and a
reasonable time within which it must be taken; and
4. Requiring the person to whom the order is directed to appear
before the Director or a hearing officer appointed by him to show cause
why the Department should not commence an action against him in district
court for appropriate relief.
(Added to NRS by 1989, 774)
1. The Director may seek an injunction in district court to
prevent the occurrence or continuance of any act or practice which
violates any provision of NRS 459.800
to 459.856 , inclusive, or any
regulation adopted or permit or order issued pursuant to those sections.
2. If the Director shows that a person is or has engaged in any
act or practice which violates a provision of NRS 459.800 to 459.856 ,
inclusive, or any regulation adopted or permit or order issued pursuant
to those sections, the court may issue, without bond, any prohibitory or
mandatory injunction which the facts warrant, including a temporary
restraining order or a preliminary or permanent injunction. A temporary
restraining order may be granted only if:
(a) The Director gives notice to the defendant in person, of his
intention to seek such an order, or mails such notice to the defendant’s
last known address by registered or certified mail. The notice must be
given at least 10 days before the commencement of the hearing.
(b) Before and during that 10-day period, the Director affords the
defendant an opportunity to correct each violation which is the subject
of the hearing and the defendant fails to correct the violation or
violations before the commencement of the hearing.
3. The court may require a performance bond or other security by
the respondent to ensure his compliance with the order.
(Added to NRS by 1989, 774)
1. Any person who violates or contributes to a violation of any
provision of NRS 459.800 to 459.856
, inclusive, or of any regulation
adopted or permit or order issued pursuant to those sections, or who does
not take action to correct a violation within the time specified in an
order, is liable to the Department for a civil penalty of not more than
$5,000 for each day on which the violation occurs. This penalty is in
addition to any other penalty provided by NRS 459.800 to 459.856 ,
inclusive.
2. The Department may recover, in the name of the State of Nevada,
actual damages which result from a violation, in addition to the civil
penalty provided in this section. The damages may include expenses
incurred by the Department in removing, correcting or terminating any
adverse effects which resulted from the violation and compensation for
any damages incurred as a result of the violation.
(Added to NRS by 1989, 775)
FUND FOR BROWNFIELD PROJECTS
As used in NRS 459.860 to 459.892 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 459.862 to 459.876
, inclusive, have the meanings ascribed
to them in those sections.
(Added to NRS by 2003, 397 )
“Administrator” means the
Administrator of the Division.
(Added to NRS by 2003, 397 )
“Brownfield project”
means a project for the remediation of a brownfield site for future or
alternative use.
(Added to NRS by 2003, 397 )
“Brownfield site” has the
meaning ascribed to it in 42 U.S.C. § 9601.
(Added to NRS by 2003, 397 )
“Brownfields
Restoration Act” means the Small Business Liability Relief and
Brownfields Revitalization Act, Public Law 107-118.
(Added to NRS by 2003, 397 )
“Commission” means the State
Environmental Commission.
(Added to NRS by 2003, 397 )
“Division” means the Division of
Environmental Protection of the State Department of Conservation and
Natural Resources.
(Added to NRS by 2003, 397 )
“Federal grant” means money
authorized by 42 U.S.C. § 9604(k) to create a revolving fund to finance
the costs of brownfield projects.
(Added to NRS by 2003, 397 )
“Fund” means the Fund for Brownfield
Projects created pursuant to NRS 459.878 .
(Added to NRS by 2003, 397 )
1. The Fund for Brownfield Projects is hereby created in the State
Treasury as a revolving fund, to be administered by the Division.
2. Money in the Fund may be used only to carry out brownfield
projects authorized pursuant to the Brownfields Restoration Act. Interest
and income earned on the money in the Fund must be credited to the Fund.
Money remaining in the Fund at the end of a fiscal year does not revert
to the State General Fund, and the balance in the Fund for Brownfield
Projects must be carried forward.
3. All payments reimbursing the cost of cleanups for brownfield
projects, including interest, must be deposited in the State Treasury for
credit to the Fund.
4. Claims against the Fund must be paid as other claims 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 the Fund
and may be used to match the federal grant.
(Added to NRS by 2003, 397 )
Except as otherwise
provided in NRS 459.882 , money in the
Fund, including reimbursements, repayment of principal and interest on
loans and other financial assistance, and interest earned on money in the
Fund, may be used only to finance the cleanup of brownfield sites or
provide other assistance to brownfield projects.
(Added to NRS by 2003, 398 )
With regard to the money from the federal grant in the
Fund, the Administrator shall not spend more than the federally approved
amounts for the administration and fiscal or financial oversight of the
Fund.
(Added to NRS by 2003, 398 )
The Division shall:
1. Use the money in the Fund for the purposes set forth in the
Brownfields Restoration Act.
2. Determine whether brownfield projects which receive money or
other assistance from the Fund comply with the Brownfields Restoration
Act.
(Added to NRS by 2003, 398 )
The Division may:
1. Prepare and enter into any agreements with the Federal
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 Brownfields Restoration Act.
4. Manage the Fund in accordance with requirements and objectives
of the Brownfields Restoration Act.
5. Provide services relating to the management and administration
of the Fund, including the preparation of any agreement, plan or report.
(Added to NRS by 2003, 398 )
The Administrator may impose and collect a fee, in
an amount established by the Commission by regulation, from each
recipient that receives financial assistance from the Fund. The fee must
be used to defray the costs of administering the Fund.
(Added to NRS by 2003, 398 )
The Administrator may employ any legal, fiscal, engineering
and other expert services necessary to carry out his duties pursuant to
NRS 459.860 to 459.892 , inclusive.
(Added to NRS by 2003, 398 )
The Commission may adopt such
regulations as are necessary to carry out the provisions of NRS 459.860
to 459.892 , inclusive.
(Added to NRS by 2003, 398 )
MISCELLANEOUS PROVISIONS
The forms required to be submitted pursuant to 42 U.S.C. § 11023 must be
submitted to governmental agencies in Nevada designated by the Governor.
(Added to NRS by 1989, 335)
1. It is unlawful for any person or governmental entity to store
high-level radioactive waste in Nevada.
2. As used in this section, unless the context otherwise requires,
“high-level radioactive waste” has the meaning ascribed to that term in
10 C.F.R. § 60.2.
(Added to NRS by 1989, 2113)
1. A person or governmental entity shall not operate or display or
cause to be operated or displayed a radar gun or similar device unless it
is:
(a) On the Consumer Products List of the International Association
of Chiefs of Police; and
(b) Inspected at least every 3 years to determine whether its level
of power and structural integrity comply with the minimum performance
specifications for that model established by the United States Department
of Transportation.
2. Any person or governmental entity that causes to be operated or
displayed a radar gun or similar device that emits nonionizing radiation
shall adopt procedures for its use that protect the health and safety of
the operator of the radar gun or device.
3. A peace officer must successfully complete a course of training
in the proper use of a radar gun or similar device approved by the Peace
Officers’ Standards and Training Commission before he may be authorized
to operate a radar gun or similar device.
(Added to NRS by 1993, 1152; A 1999, 2430 )
1. Notwithstanding any other provision of law to the contrary and
regardless of whether he is a participant in a program, a person who:
(a) Is a bona fide prospective purchaser is not liable for any
response action or cleanup that may be required with respect to any real
property pursuant to NRS 445A.300 to
445A.730 , inclusive, 445B.100 to 445B.640 , inclusive, 459.400 to 459.600 ,
inclusive, or any other applicable provision of law.
(b) Is an innocent purchaser is not liable for any response action
or cleanup that may be required with respect to any real property
pursuant to NRS 445A.300 to 445A.730
, inclusive, 445B.100 to 445B.640 , inclusive, 459.400 to 459.600 ,
inclusive, or any other applicable provision of law.
(c) Owns real property that:
(1) Is contiguous to or otherwise similarly situated with
respect to; and
(2) Is or may be contaminated by a release or threatened
release of a hazardous substance from,
Ê other real property that the person does not own, is not liable for any
response action or cleanup 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 of 1980, 42
U.S.C. § 9607(q)(1).
2. A person described in paragraph (a), (b) or (c) of subsection 1
shall report to the Division, in a manner prescribed by the Commission:
(a) Any of the following substances that are found on or at real
property owned by the person:
(1) Hazardous substances at or above the required reporting
levels designated pursuant to sections 102 and 103 of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, 42
U.S.C. §§ 9602 and 9603; and
(2) Petroleum products of such type and in such amount as
are required by the Division to be reported; and
(b) Any response action or cleanup that has been performed with
respect to the real property described in paragraph (a).
3. The provisions of this section do not otherwise limit the
authority of the Administrator, the Commission or the Division to require
any person who is responsible for the contamination or pollution of real
property, by improperly managing hazardous substances at or on that real
property, to perform a response action or cleanup with respect to that
real property.
4. If there are costs relating to a response action or cleanup
that are incurred and unrecovered by the State of Nevada with respect to
real property for which a bona fide prospective purchaser of the real
property is not liable pursuant to the provisions of this section, the
State of Nevada:
(a) Has a lien against that real property in an amount not to
exceed the increase in the fair market value of the real property that is
attributable to the response action or cleanup, which increase in fair
market value must be measured at the time of the sale or other
disposition of the real property; or
(b) May, with respect to those incurred and unrecovered costs and
by agreement with the bona fide prospective purchaser of the real
property, obtain from that bona fide prospective purchaser:
(1) A lien on any other real property owned by the bona fide
prospective purchaser; or
(2) Another form of assurance or payment that is
satisfactory 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 or after the
date that is 60 days after May 26, 2003.
6. As used in this section:
(a) “Administrator” means the Administrator of the Division.
(b) “Bona fide prospective purchaser” has the meaning ascribed 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 Environmental Commission.
(d) “Division” means the Division of Environmental Protection of
the State Department of Conservation and Natural Resources.
(e) “Hazardous substance” has the meaning ascribed to it in NRS
459.620 .
(f) “Innocent purchaser” means a person who qualifies for the
exemption from liability set forth in section 107(b)(3) of the
Comprehensive Environmental Response, Compensation, and Liability Act of
1980, 42 U.S.C. § 9607(b)(3).
(g) “Participant” has the meaning ascribed to it in NRS 459.622
.
(h) “Program” means a program of voluntary cleanup and relief from
liability set forth in NRS 459.610 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 or spill of
or an accident involving a hazardous substance, including, without
limitation, any action to:
(1) Contain and dispose of the hazardous substance;
(2) Clean and decontaminate the area affected by the leak,
spill or accident; or
(3) Investigate the occurrence of the leak, spill or
accident.
(Added to NRS by 2003, 978 )
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