USA Statutes : nevada
Title : Title 51 - FOOD AND OTHER COMMODITIES: PURITY; STANDARDS; WEIGHTS AND MEASURES; MARKETING
Chapter : CHAPTER 590 - MOTOR VEHICLE FUEL, PETROLEUM PRODUCTS AND ANTIFREEZE
NRS 590.010 to 590.150 ,
inclusive, may be known and cited as the Nevada Petroleum Products
Inspection Act.
[1:157:1955]—(NRS A 1989, 1950)
As used in NRS 590.010 to 590.330 ,
inclusive, unless the context otherwise requires:
1. “Additives” means a substance to be added to a motor oil or
lubricating oil to impart or improve desirable properties or to suppress
undesirable properties.
2. “Advertising medium” means any sign, printed or written matter,
or device for oral or visual communication.
3. “Alternative fuel” includes, without limitation, premium diesel
fuel, B-5 diesel fuel, B-10 diesel fuel, B-20 diesel fuel, B-100 diesel
fuel, M-85, M-100, E-85, E-100, liquefied petroleum gas, natural gas,
reformulated gasoline, gasohol and oxygenated fuel.
4. “Brand name” means a name or logo that is used to identify a
business or company.
5. “Grade” means:
(a) “Regular,” “midgrade,” “plus,” “super,” “premium” or words of
similar meaning when describing a grade designation for gasoline.
(b) “Diesel” or words of similar meaning, including, without
limitation, any specific type of diesel, when describing a grade
designation for diesel motor fuel.
(c) “M-85,” “M-100,” “E-85,” “E-100” or words of similar meaning
when describing a grade designation for alternative fuel.
(d) “Propane,” “liquefied petroleum gas,” “compressed natural gas,”
“liquefied natural gas” or words of similar meaning when describing
pressurized gases.
6. “Motor vehicle fuel” means a petroleum product or alternative
fuel used for internal combustion engines in motor vehicles.
7. “Performance rating” means the system adopted by the American
Petroleum Institute for the classification of uses for which an oil is
designed.
8. “Petroleum products” means gasoline, diesel fuel, burner fuel
kerosene, lubricating oil, motor oil or any product represented as motor
oil or lubricating oil. The term does not include liquefied petroleum
gas, natural gas or motor oil additives.
9. “Recycled oil” means a petroleum product which is prepared from
used motor oil or used lubricating oil. The term includes rerefined oil.
10. “Rerefined oil” means used oil which is refined after its
previous use to remove from the oil any contaminants acquired during the
previous use.
11. “Used oil” means any oil which has been refined from crude or
synthetic oil and, as a result of use, has become unsuitable for its
original purpose because of a loss of its original properties or the
presence of impurities, but which may be suitable for another use or
economically recycled.
12. “Viscosity grade classification” means the measure of an oil’s
resistance to flow at a given temperature according to the grade
classification system of the Society of Automotive Engineers or other
grade classification.
[2:157:1955]—(NRS A 1961, 648; 1971, 667; 1977, 188; 1985, 530;
1993, 58; 1995, 348; 2001, 851 ; 2005, 652 )
1. It is unlawful for any person to sell, attempt to sell, offer
for sale or assist in the sale of any motor vehicle fuel and willfully
and falsely to represent that motor vehicle fuel to be a motor vehicle
fuel of any dealer, manufacturer or producer other than the true dealer,
manufacturer or producer thereof.
2. It is unlawful for any member of a firm or any officer of a
corporation knowingly to permit any employee of the firm or corporation
to sell, offer for sale or assist in the sale of any motor vehicle fuel
and falsely to represent that motor vehicle fuel to be the motor vehicle
fuel of any dealer, manufacturer or producer other than the true dealer,
manufacturer or producer thereof.
3. This section does not apply to any person who sells or offers
for sale, under his own name or brand name, the product or output of
another manufacturer or producer with the written consent of the
manufacturer or producer.
[3:157:1955]—(NRS A 1993, 58; 2005, 653 )
1. It is unlawful for any person to sell or offer to sell any
motor vehicle fuel unless a sign or label is firmly attached to or
painted at or near the outlet of the container from which or into which
the motor vehicle fuel is dispensed or received for sale or delivery.
Except as otherwise provided in this section, the sign or label, in
letters not less than one-half inch in height, must contain the brand
name and the grade designation of the motor vehicle fuel. All containers
and dispensers of lubricating and motor oil must also be labeled in the
same manner with the oil’s viscosity grade classification and performance
rating. If a lubricating or motor oil has more than one viscosity grade
classification or performance rating, each viscosity grade classification
and performance rating must be included in the label. When the sign or
label is attached to the faucet or valve of a tank truck or tank wagon,
the letters must be not less than one-half inch in height. The provisions
of this subsection do not apply to any oil labeled “prediluted” or
intended only for mixture with gasoline or other motor vehicle fuel in a
two-cycle engine.
2. The inlet end of the fill pipe to each storage tank of motor
vehicle fuel must be labeled with the brand name and the grade of the
motor vehicle fuel contained therein or have a product-specific pressure
vessel fill connection.
3. Delivery outlets for motor vehicle fuel on tank delivery trucks
must be labeled to comply with the requirements of this section before
departure from the bulk plants.
4. If any motor vehicle fuel has no brand name, the sign or label
required by subsection 1 must consist of words, in letters not less than
3 inches high, that designate the specific type of motor vehicle fuel
followed by the words “No Brand,” such as “Gasoline, No Brand” or “E-100,
No Brand.”
5. On any container with a net content of 1 United States gallon
or less, the brand name or trademark, the name and address of the
distributor or manufacturer, the viscosity grade classification, the
performance rating and the words “Motor Oil” or “Lubricating Oil” must be
painted, printed, embossed or otherwise firmly affixed on the container
in letters and numerals of legible size. Such a designation constitutes
compliance with the provisions of this section.
6. Small hand measures used for delivery of petroleum products or
motor vehicle fuel that are filled in the presence of the customer need
not be labeled in accordance with the provisions of NRS 590.010 to 590.150 ,
inclusive, if the receptacle, container or pump from which petroleum
products or motor vehicle fuel is drawn or poured into the hand measures
is properly labeled as required by the provisions of NRS 590.010 to 590.150 ,
inclusive.
[4:157:1955]—(NRS A 1960, 484; 1961, 648; 1971, 667; 1975, 184;
1981, 527; 1993, 59; 1995, 349; 2005, 654 )
1. It is unlawful for any person, or any officer, agent or
employee thereof, engaged in or operating in the business of selling at
retail any motor vehicle fuel to display any sign or other designating
mark, at or near his place of business, which describes or designates a
brand name of a motor vehicle fuel not actually sold or offered for sale
or delivery at the place of business where the sign or other designating
mark is displayed.
2. It is unlawful for any person, or any officer, agent or
employee thereof, to make or cause to be made, by means of any
advertising medium whatever, any statement concerning the sale of motor
vehicle fuel or the performance characteristics thereof which is known to
him to be untrue or misleading, or which by the exercise of reasonable
care and diligence should be known to him to be untrue or misleading.
[5:157:1955]—(NRS A 1993, 60; 2005, 655 )
1. Except as otherwise provided in NRS 590.063 and 590.065 ,
it is unlawful for any person, or any officer, agent or employee thereof,
to adulterate any petroleum product or motor vehicle fuel, to sell,
attempt to sell, offer for sale or assist in the sale of any product
resulting from the adulteration, and to represent the product as the
petroleum product or motor vehicle fuel of a brand name in general use by
any other marketer or producer of petroleum products or motor vehicle
fuel.
2. Whenever the description of any petroleum product or motor
vehicle fuel is displayed on any tank, receptacle or other delivery
device used for sale to the public, the kind, character and name of the
petroleum product or motor vehicle fuel dispensed therefrom must
correspond to the representations thereon.
3. Except as otherwise provided in this subsection, it is unlawful
for any person, or any officer, agent or employee thereof, to deposit or
deliver into any tank, receptacle or other container any petroleum
product or motor vehicle fuel other than the petroleum product or motor
vehicle fuel intended to be stored in the tank, receptacle or container
and distributed therefrom, as indicated by the name of the producer,
manufacturer or distributor of the product displayed on the container
itself, or on the pump, dispenser or other distributing device used in
connection therewith. This section does not apply to any person who sells
or offers for sale under his name or brand name the product or output of
another manufacturer or producer, with the consent of that manufacturer
or producer.
4. If used oil or recycled oil, other than rerefined oil, is sold
or offered for sale or delivery in this state, the container in which
that oil is sold or offered for sale or delivery must bear a superimposed
sign or label containing the clearly legible words “Recycled Oil” or
“Used Oil.”
[6:157:1955]—(NRS A 1961, 649; 1963, 109; 1971, 668; 1993, 60;
1995, 350; 2005, 655 )
1. The use of pumps, dispensers or other devices which are capable
of withdrawing gasoline from each of two tanks containing different
qualities of the same petroleum product or motor vehicle fuel and
dispensing them as a single combined product must be authorized if the
Division of Measurement Standards of the State Department of Agriculture
determines that all the following conditions exist:
(a) The device mechanism accurately measures the quantities of the
gasoline being simultaneously withdrawn from each of the two tanks and
the quantity dispensed.
(b) The device mechanism accurately and visibly records and
displays the resulting combined quality, the total quantity, the price
per gallon for the particular quality combination being dispensed and the
total price of the quantity of gasoline dispensed at the particular sale.
(c) The device has a locking selector mechanism which prevents the
changing of the proportion of the two qualities being combined during the
dispensing of the desired quantity.
2. The provisions of this section authorize the operation of a
blending type of pump or dispenser connected to two tanks containing two
different grades of the same product, which, if blended together in
different proportions, will produce gasoline of different octane rating,
each blend of which meets the specifications for gasoline as required by
this chapter.
(Added to NRS by 1963, 108; A 1993, 1796; 1999, 3738 ; 2003, 2327 ; 2005, 656 )
1. The use of pumps, dispensers or other devices which are capable
of withdrawing gasoline from one tank containing gasoline and another
tank containing motor oil and dispensing them as a single combined
product and of withdrawing gasoline alone from the tank containing
gasoline must be authorized if the Division of Measurement Standards of
the State Department of Agriculture determines that all the following
conditions exist:
(a) The device mechanism accurately measures the quantities being
simultaneously withdrawn for dispensing as a combined product from each
of the two tanks when the combined product is dispensed, and the quantity
being dispensed from the gasoline tank alone when gasoline alone is
dispensed.
(b) The device mechanism accurately and visibly records and
displays the ratio of gasoline to motor oil, the quantity of each
ingredient being dispensed, the price per gallon for gasoline being
dispensed and the price per quart for motor oil being dispensed, or
accurately and visibly records and displays the ratio of gasoline to
motor oil and the total volume of the oil and gasoline mixture delivered,
and computes the total cost based upon the price set for the finished
blend.
(c) The device mechanism prevents the changing of the ratio of
gasoline to motor oil during dispensing.
(d) There is firmly attached to or painted upon the device
mechanism panel a sign or label plainly visible consisting of the words
“two-cycle motor fuel” together with the brand name or trademark of the
product, all of which must be in letters not less than one-half inch in
height.
2. The provisions of this section authorize the operation of a
blending type of pump or dispenser connected to two tanks, one containing
motor oil and the other gasoline, but only if the motor oil in its
separate state meets the specifications for lubricating oil as required
by NRS 590.080 and the gasoline in its
separate state meets the specifications for gasoline as required by NRS
590.070 .
(Added to NRS by 1963, 108; A 1993, 1796; 1999, 3739 ; 2003, 2328 ; 2005, 656 )
1. The State Board of Agriculture shall adopt regulations relating
to the standards for motor vehicle fuel and petroleum products used in
internal combustion engines.
2. It is unlawful for any person, or any officer, agent or
employee thereof, to sell, offer for sale, assist in the sale of, deliver
or permit to be sold or offered for sale, any petroleum or petroleum
product as, or purporting to be, motor vehicle fuel, unless it conforms
with the regulations adopted by the State Board of Agriculture pursuant
to this section.
3. This section does not apply to aviation fuel.
4. In addition to any criminal penalty that is imposed pursuant to
the provisions of NRS 590.150 , any
person who violates any provision of this section may be further punished
as provided in NRS 590.071 .
[7:157:1955]—(NRS A 1961, 650; 1967, 151; 1975, 185; 1989, 1950;
1991, 2024; 1993, 61; 2001, 852 ; 2003, 601 ; 2005, 657 )
1. The State Board of Agriculture shall:
(a) Enforce the standards relating to motor vehicle fuel and
petroleum products adopted pursuant to NRS 590.070 .
(b) Adopt regulations specifying a schedule of fines that it may
impose, upon notice and hearing, for each violation of the provisions of
NRS 590.070 . The maximum fine that may
be imposed by the Board for each violation must not exceed $5,000 per
day. All fines collected by the Board pursuant to the regulations adopted
pursuant to this subsection must be deposited with the State Treasurer
for credit to the State General Fund.
2. The State Board of Agriculture may:
(a) In addition to imposing a fine pursuant to subsection 1, issue
an order requiring a violator to take appropriate action to correct the
violation.
(b) Request the district attorney of the appropriate county to
investigate or file a criminal complaint against any person that the
Board suspects may have violated any provision of NRS 590.070 .
(Added to NRS by 1989, 1949; A 2001, 852 ; 2005, 657 )
1. It is unlawful for any person to sell, offer for sale or assist
in the sale of, or permit to be sold or offered for sale, any aviation
fuel unless such fuel conforms to the specification standards prescribed
by regulation of the State Sealer of Weights and Measures. The State
Sealer of Weights and Measures may follow the specification standards set
forth by ASTM International.
2. This section does not apply to aviation fuel for use by
military aircraft.
(Added to NRS by 1967, 151; A 2005, 657 )
1. Except as otherwise provided in subsection 2, crankcase
drainings, lube-distillate, or any other petroleum product may not be
sold, offered for sale, delivered, offered for delivery or stored as a
motor oil or lubricating oil for use in the crankcase of an internal
combustion engine unless it conforms to the performance rating set forth
on its container and the following specifications:
(a) It must be free from water and suspended matter when tested by
means of centrifuge, in accordance with the testing procedures approved
by the State Sealer of Weights and Measures.
(b) The flash points for the various viscosity grade
classifications must not be less than the following when tested by the
Cleveland Open Cup Method in accordance with the testing procedures
approved by the State Sealer of Weights and Measures. Except as otherwise
provided in this paragraph, the viscosity grade classification number of
motor or lubricating oils must conform to the latest Society of
Automotive Engineers viscosity classification. Grade numbers 60 and 70
must conform to the requirements listed in this paragraph.
Viscosity Sayboldt Seconds
Viscosity Minimum
Flash Universal 210 Degrees
Classification Degrees
Fahrenheit Fahrenheit
S.A.E. 5W 305
S.A.E. 10W 335
S.A.E. 20 and 20W 345
S.A.E. 30 355
S.A.E. 40 375
S.A.E. 50 400
Grade 60
435 110 to less than 125
Grade 70
470 125 to less than 150
2. The provisions of this section do not apply to any oil labeled
“prediluted” or intended only for mixture with gasoline or other motor
fuel in a two-cycle engine.
[8:157:1955]—(NRS A 1961, 650; 1963, 110; 1971, 669; 1975, 185;
1981, 529; 1995, 351)
1. It is unlawful for any person, or any officer, agent or
employee thereof, to sell, offer for sale, or assist in the sale of or
permit to be sold or offered for sale any petroleum or petroleum product
to be used for heating purposes, unless the petroleum or petroleum
product conforms to the most recent standards adopted by ASTM
International.
2. All bulk storage tanks, dispensers and petroleum tank truck
compartment outlets containing or dispensing heating fuel must be labeled
with the brand name and the grade designation of the heating fuel.
3. A person shall not use the numerical grade designation for
heating fuels adopted by ASTM International unless the designation
conforms to that designation. Persons using a designation other than the
numerical grade designation adopted by ASTM International must file with
the Division of Measurement Standards of the State Department of
Agriculture the designation to be used together with its corresponding
grade designation of ASTM International.
[9:157:1955]—(NRS A 1960, 485; 1961, 651; 1963, 110; 1993, 1797;
1999, 3739 ; 2003, 2328 )
The State Sealer of Weights and
Measures is charged with the proper enforcement of NRS 590.010 to 590.150 ,
inclusive, and has the following powers and duties:
1. He may publish reports relating to petroleum products and motor
vehicle fuel in such form and at such times as he deems necessary.
2. He, or his appointees, shall inspect and check the accuracy of
all measuring devices for petroleum products and motor vehicle fuel
maintained in this State, and shall seal all such devices whose
tolerances are found to be within those prescribed by the National
Institute of Standards and Technology.
3. He, or his appointees, or any member of the Nevada Highway
Patrol, may take such samples as he deems necessary of any petroleum
product or motor vehicle fuel that is kept, transported or stored within
the State of Nevada. It is unlawful for any person, or any officer, agent
or employee thereof, to refuse to permit the State Sealer of Weights and
Measures, or his appointees, or any member of the Nevada Highway Patrol,
in the State of Nevada, to take such samples, or to prevent or to attempt
to prevent the State Sealer of Weights and Measures, or his appointees,
or any member of the Nevada Highway Patrol, from taking them. If the
person, or any officer, agent or employee thereof, from which a sample is
taken at the time of taking demands payment, then the person taking the
sample shall pay the reasonable market price for the quantity taken.
4. He, or his appointees, may close and seal the outlets of any
unlabeled or mislabeled containers, pumps, dispensers or storage tanks
connected thereto or which contain any petroleum product or motor vehicle
fuel which, if sold, would violate any of the provisions of NRS 590.010
to 590.150 , inclusive, and shall post, in a conspicuous
place on the premises where those containers, pumps, dispensers or
storage tanks have been sealed, a notice stating that the action of
sealing has been taken in accordance with the provisions of NRS 590.010
to 590.150 , inclusive, and giving warning that it is
unlawful to break, mutilate or destroy the seal or seals thereof under
penalty as provided in NRS 590.110 .
5. He, or his appointees, shall, upon at least 24 hours’ notice to
the owner, manager, operator or attendant of the premises where a
container, pump, dispenser or storage tank has been sealed, and at the
time specified in the notice, break the seal for the purpose of
permitting the removal of the contents of the container, pump, dispenser
or storage tank. If the contents are not immediately and completely
removed, the container, pump, dispenser or storage tank must be again
sealed.
6. He shall adopt regulations which are necessary for the
enforcement of NRS 590.010 to 590.150
, inclusive, including standard
procedures for testing petroleum products or motor vehicle fuel which are
based on sources such as those approved by ASTM International, and may
adopt specifications for any fuel for use in internal combustion engines
which is sold or offered for sale and contains any alcohol or other
combustible chemical that is not a petroleum product or motor vehicle
fuel.
[10:157:1955]—(NRS A 1959, 619; 1961, 581, 651; 1981, 529; 2005,
658 )
For the purpose of testing
petroleum products or motor vehicle fuel as provided in NRS 590.010
to 590.150 , inclusive, the ASTM-IP Petroleum Measurement
Tables, American Edition, must be used for gravity and volume conversion
and temperature correction of 60°F.
(Added to NRS by 1961, 647; A 1963, 111; 2005, 658 )
It is unlawful for any
person other than the State Sealer of Weights and Measures or his
appointees to break, mutilate or destroy any seal placed on any
container, pump, dispenser or storage tank by the State Sealer of Weights
and Measures or his appointees, or to cover, deface or remove, or attempt
to cover, deface or remove, any notice of sealing posted by the State
Sealer of Weights and Measures or his appointees.
[11:157:1955]—(NRS A 2005, 659 )
[Effective
through June 30, 2007.]
1. Every person, or any officer, agent or employee thereof,
shipping or transporting any motor vehicle fuel or lubricating oil into
this State for sale or consignment, or with intent to sell or consign the
same, shall pay to the Department of Motor Vehicles an inspection fee of
0.055 of a cent per gallon for every gallon of motor vehicle fuel or
lubricating oil so shipped or transported into the State, or that is held
for sale within this State. This section does not require the payment of
an inspection fee on any shipment or consignment of motor vehicle fuel or
lubricating oil when the inspection fee has been paid.
2. Of each inspection fee paid to the Department of Motor Vehicles
pursuant to this section, 0.005 of a cent per gallon must be transferred
quarterly to an account in the State General Fund for the State Board of
Agriculture. The State Board of Agriculture shall use all money
transferred pursuant to this subsection to pay the expenses incurred in
enforcing the provisions of NRS 590.070 .
3. On or before the last day of each calendar month, every person,
or any officer, agent or employee thereof, required to pay the inspection
fee described in subsection 1 shall send to the Department of Motor
Vehicles a correct report of the motor vehicle fuel or oil volumes for
the preceding month. The report must include a list of distributors or
retailers distributing or selling the products and must be accompanied by
the required fees.
4. Failure to send the report and remittance as specified in
subsections 1 and 3 is a violation of NRS 590.010 to 590.150 ,
inclusive, and is punishable as provided in NRS 590.150 .
5. The provisions of this section must be carried out in the
manner prescribed in chapters 360A and 365
of NRS.
[12:157:1955]—(NRS A 1957, 587; 1961, 582; 1975, 1748; 1989, 1951;
1999, 1022 ; 2001, 2641 )
[Effective July 1, 2007.]
1. Every person, or any officer, agent or employee thereof,
shipping or transporting any motor vehicle fuel or lubricating oil into
this State for sale or consignment, or with intent to sell or consign the
same, shall pay to the Department of Motor Vehicles an inspection fee of
0.055 of a cent per gallon for every gallon of motor vehicle fuel or
lubricating oil so shipped or transported into the State, or that is held
for sale within this State. This section does not require the payment of
an inspection fee on any shipment or consignment of motor vehicle fuel or
lubricating oil when the inspection fee has been paid.
2. The inspection fees collected pursuant to the provisions of
subsection 1, together with any penalties and interest collected thereon,
must be transferred quarterly to the account in the State General Fund
created pursuant to NRS 561.412 for the
use of the State Department of Agriculture.
3. On or before the last day of each calendar month, every person,
or any officer, agent or employee thereof, required to pay the inspection
fee described in subsection 1 shall send to the Department of Motor
Vehicles a correct report of the motor vehicle fuel or oil volumes for
the preceding month. The report must include a list of distributors or
retailers distributing or selling the products and must be accompanied by
the required fees.
4. Failure to send the report and remittance as specified in
subsections 1 and 3 is a violation of NRS 590.010 to 590.150 ,
inclusive, and is punishable as provided in NRS 590.150 .
5. The provisions of this section must be carried out in the
manner prescribed in chapters 360A and 365
of NRS.
6. All expenses incurred by the Department of Motor Vehicles in
carrying out the provisions of this section are a charge against the
account created pursuant to NRS 561.412 .
7. For the purposes of this section, “motor vehicle fuel” does not
include diesel fuel, burner fuel or kerosene.
[12:157:1955]—(NRS A 1957, 587; 1961, 582; 1975, 1748; 1989, 1951;
1999, 1022 ; 2001, 2641 ; 2005, 1526 , effective July 1, 2007)
Except as otherwise
provided in subsection 2 of NRS 590.120 , all inspection fees received by the
Department of Motor Vehicles must be deposited with the State Treasurer
for credit to the State General Fund, and all expenses incurred in
carrying out the provisions of NRS 590.010 to 590.150 ,
inclusive, must be paid out of funds provided by direct legislative
appropriation.
[13:157:1955]—(NRS A 1959, 620; 1961, 583; 1975, 1749; 1989, 1951;
1999, 1022 ; 2001, 2642 ; R 2005, 1526 , effective July 1, 2007)
The district attorney
shall prosecute all violations of the provisions of NRS 590.010 to 590.150 ,
inclusive, occurring within his county.
[15:157:1955]
1. Any person, or any officer, agent or employee thereof, who
violates any of the provisions of NRS 590.010 to 590.140 ,
inclusive, is guilty of a misdemeanor.
2. Each such person, or any officer, agent or employee thereof, is
guilty of a separate offense for each day during any portion of which any
violation of any provision of NRS 590.010 to 590.140 ,
inclusive, is committed, continued or permitted by such person, or any
officer, agent or employee thereof, and shall be punished as provided in
this section.
3. The selling and delivery of any petroleum product or motor
vehicle fuel mentioned in NRS 590.010
to 590.140 , inclusive, is prima facie
evidence of the representation on the part of the vendor that the quality
sold and delivered was the quality bought by the vendee.
[14:157:1955]—(NRS A 1961, 583; 1989, 1951; 2005, 659 )
ADVERTISEMENT OF MOTOR VEHICLE FUEL AND PETROLEUM PRODUCTS
The provisions of NRS 590.160 to 590.330 ,
inclusive, must be administered by the State Sealer of Weights and
Measures.
[17:323:1951]—(NRS A 1957, 588; 2005, 659 )
1. Except as otherwise provided in this section, a person shall
not keep, maintain or display in this State any advertising medium which
indicates, shows or advertises the price of motor vehicle fuel sold,
offered for sale or advertised for sale from the premises, unless the
actual price per unit of measure of motor vehicle fuel, including taxes,
is also shown on the advertising medium, together with the brand name and
the individual grade or grades of the motor vehicle fuel being
advertised. If motor vehicle fuel prices are advertised in units of
measure other than the gallon, the actual price per unit of measure along
with the equivalent price per gallon and the word designating the unit of
measure must be displayed on the face of the pump or dispenser.
2. The price of diesel fuel may be advertised excluding state tax,
but only by a sign which clearly and conspicuously contains the wording
“With Permit,” “With State Permit” or words of similar meaning in letters
of uniform size not less than 4 inches in height. Diesel fuel dispensers
displaying unit price without state tax must be labeled in letters not
less than 1 inch in height with the words “Permit Price,” “With State
Permit” or words of similar meaning.
3. Except as otherwise provided in subsection 2, retail devices
displaying the unit price to compute or record deliveries must not be
considered an advertising medium.
[1:323:1951]—(NRS A 1959, 673; 1960, 485; 1963, 111; 1971, 670;
1977, 1064; 1981, 530; 1993, 61; 2005, 659 )
1. No person offering for sale or selling any motor vehicle fuel
in the State of Nevada may post or display a sign or statement or other
advertising medium reading, in substance, “save” a designated amount, or
a designated amount per unit of measure, such as “save 5 cents” or “save
5 cents per gallon,” or using the expression “off” a designated amount,
such as “5 cents off” or “5 cents less,” or “discount” of a given amount,
such as “5-cent discount,” or otherwise using the words “save,” “off,”
“discount,” “wholesale,” “below,” or any of them, or a word or words of
similar meaning or other phraseology indicating a reduced price, unless
there is posted and displayed in letters of equal size and as part of the
same sign, statement or other advertising medium the total price,
including all taxes, at which motor vehicle fuel is being sold or offered
for sale, designating the price for each brand name or grade of motor
vehicle fuel being sold or offered for sale.
2. The size of the letters, words, figures or numerals used to
indicate the total price per unit of measure, including all taxes, must
be of a size as provided under the provisions of NRS 590.200 .
[2:323:1951]—(NRS A 1960, 485; 1981, 531; 1993, 62; 2005, 660
)
If
motor vehicle fuel is offered for sale or advertised for sale from the
premises of any place of business in this state, but not under any brand
name, then the words “no brand” must be used and designated on the
advertising medium.
[3:323:1951]—(NRS A 1993, 62; 2005, 660 )
All letters, figures or numerals used in
designating the brand name or words “no brand” in any advertising medium
referred to in NRS 590.160 to 590.330
, inclusive, must be of uniform size and
must not be less than 6 inches in height or one-third the size of the
numerals designating the price, whichever is larger, and the height must
not be more than twice the dimension of the width of each letter, or
figure or numeral.
[4:323:1951]—(NRS A 1981, 531; 2005, 660 )
All letters used in designating each individual
grade of motor vehicle fuel must be at least 4 inches in height, and the
height must not be more than twice the dimension of the width of each
letter.
[5:323:1951]—(NRS A 1963, 111; 1977, 1064; 1993, 62; 2005, 660
)
All letters, words, figures or numerals
used on the advertising medium referred to in NRS 590.160 to 590.330 ,
inclusive, to indicate prices of motor vehicle fuel sold or advertised
for sale must be uniform in size and must be at least 6 inches in height,
and the height must not be more than twice the width. If a fraction
displaying a numerator and a denominator is used in lieu of a full-size
numeral on a price sign, the fraction must be of the same height and
design as the other numerals indicating price. Numerators without
denominators must not be used for fractions. The advertising medium must
indicate the price of the fuel per gallon.
[6:323:1951]—(NRS A 1981, 531; 1993, 62; 2005, 660 )
1. The advertising medium referred to in NRS 590.160 to 590.330 ,
inclusive, must not contain any other advertising matter except words of
description of the product sold or offered for sale, and method of sale,
such as “self-serve,” “full serve” or words of similar meaning. If words
of description or method of sale of the product offered or advertised by
any such sign are used, the letters, figures or numerals which form any
words must not be larger than the words, marks, letters, figures or
numerals used in forming or designating the price per unit of measure.
2. If the price of a brand name or grade of motor vehicle fuel is
advertised by means of a price sign and is sold at different prices from
the dispensing devices on the premises, the sign or signs advertising the
price must include notice of the conditions under which the brand name or
grade is sold. If the sign advertises only the cash price, as a condition
of sale for the motor vehicle fuel offered for sale on the premises, the
sign must clearly state “cash” in letters a minimum of 6 inches in height
or one-third the size of the numerals in announcing the price, whichever
is larger. If terms stating the condition of sale, including
“self-serve,” “full serve,” or words of similar meaning, appear on a
price sign, there must be signs designating “self-serve” and “full serve”
islands, pumps or dispensing devices in letters of 4 inches in height or
more, conspicuously posted, showing the pumps or dispensing devices where
the product is sold at each price.
[7:323:1951]—(NRS A 1977, 1064; 1993, 62; 2005, 660 )
Repealed. (See chapter 201,
Statutes of Nevada 2005, at page 663 .)
The numeral “1” or the letter “l” need not conform to
specifications prescribed for other letters, words, figures or numerals
by NRS 590.160 to 590.330 , inclusive, but all letters, words, figures or
numerals shall be the same type and design and shall be uniform with
other letters, words, figures or numerals with which they are used.
[9:323:1951]
All letters, words, figures or numerals appearing on any
advertising medium referred to in NRS 590.160 to 590.330 ,
inclusive, shall be plainly visible and of such colors or tints as will
contrast such letters, words, figures or numerals with the remaining
parts of the advertising medium.
[10:323:1951]
All
words, letters, figures or numerals on the advertising medium referred to
in NRS 590.160 to 590.330 , inclusive, which form or designate the brand
name or the words “no brand” must be of like color or tint, and all
words, letters, figures or numerals designating or indicating the price
of motor vehicle fuel so offered for sale must be of like color or tint,
and all words, letters, figures or numerals used in designating the
grades and conditions of sale of motor vehicle fuel being advertised must
be of like color or tint.
[11:323:1951]—(NRS A 1993, 63; 2005, 661 )
No advertising medium may be placed on the premises
of any place of business in this state in such a manner or in such a
position to another advertising medium as will render the advertising
medium advertising motor vehicle fuel offered for sale susceptible of
being read in conjunction with any other advertising medium, if any
person so reading from any public street or highway may be misled.
[12:323:1951]—(NRS A 1993, 63)
It is unlawful to place letters, words, figures
or numerals on any advertising medium located or maintained on the
premises of any place of business in this state advertising or offering
for sale any goods, wares or merchandise, other than motor vehicle fuel,
if the advertising medium may be construed by any reasonable person as
advertising or offering for sale motor vehicle fuel.
[13:323:1951]—(NRS A 1993, 63)
1. No person shall keep, maintain or display on the premises or
near any place of business in this state any advertising medium which
indicates or shows or advertises the price of “motor oil” or “lubricating
oil” offered for sale or advertised for sale from such premises without
clearly and conspicuously showing on the same advertising medium where
such price is advertised the trade name or brand name of the particular
motor oil or lubricating oil the price of which is so advertised,
together with the words “motor oil” or “lubricating oil.”
2. If such motor oil or lubricating oil has no brand name or trade
name, then the words “no brand” shall be displayed in connection with the
designation of the product.
[14:323:1951]
1. All letters, figures or numerals, used in designating the brand
name or the words “no brand” which are part of any advertising medium
indicating, showing or advertising the price of “lubricating oil” or
“motor oil,” shall be uniform size, type and design and may be of any
convenient height except that the height shall not be more than twice the
dimension of the width of each such letter, figure or numeral.
2. All letters used in designating the words “motor oil” or
“lubricating oil” which are part of any advertising medium indicating,
showing or advertising the price of lubricating oil or motor oil shall be
of uniform size, type and design and shall not be less than one-half the
size nor greater than the size, either in height or width, of any
letters, figures or numerals designating the brand name of the motor oil
or lubricating oil being advertised.
3. All letters, words, figures or numerals used for the purpose of
indicating the price of motor oil or lubricating oil shall be uniform in
size and shall not be more than twice the size of the letters, figures or
numerals used for the purpose of designating the brand name or the words
“no brand.”
4. All letters, figures or numerals used for designating the brand
name or the words “no brand” when used as a part of any advertising
medium indicating, showing or advertising the price of motor oil or
lubricating oil shall be of like color or tint.
5. All letters, figures or numerals used for designating the price
of motor oil or lubricating oil shall be of like color or tint.
6. All letters used in designating the words “motor oil” or
“lubricating oil” when used as a part of any advertising medium
indicating, showing or advertising the price of motor oil or lubricating
oil shall be of like color or tint.
7. All such color or tint shall contrast with the background and
other parts of such advertising medium.
[15:323:1951]
It is unlawful for any person engaged in the business of selling at
retail any motor vehicle fuel or petroleum product for internal
combustion engines to display any sign or other designating mark at or
near the person’s place of business describing or designating a brand
name, a trademark or the words “no brand” with respect to any motor
vehicle fuel or petroleum product for internal combustion engines that is
not currently available for sale or delivery at the person’s place of
business.
[16:323:1951]—(NRS A 1993, 63; 2005, 661 )
1. The State Sealer of Weights and Measures shall adopt
regulations establishing a schedule of civil penalties for any violation
of NRS 590.160 to 590.330 , inclusive.
2. In addition to any criminal penalty that may be imposed, a
person who violates any provision of NRS 590.160 to 590.330 ,
inclusive, is subject to a civil penalty in accordance with the schedule
of civil penalties established by the State Sealer of Weights and
Measures pursuant to subsection 1.
(Added to NRS by 2005, 652 )
1. A person subject to a civil penalty may request an
administrative hearing within 10 days after receipt of the notice of the
civil penalty. The State Sealer of Weights and Measures or his designee
shall conduct the hearing after giving appropriate notice to the
respondent. The decision of the State Sealer of Weights and Measures or
his designee is subject to appropriate judicial review.
2. If the respondent has exhausted his administrative appeals and
the civil penalty has been upheld, he shall pay the civil penalty:
(a) If no petition for judicial review is filed pursuant to NRS
233B.130 , within 40 days after the
final decision of the State Sealer of Weights and Measures; or
(b) If a petition for judicial review is filed pursuant to NRS
233B.130 and the civil penalty is
upheld, within 10 days after the effective date of the final decision of
the court.
3. If the respondent fails to pay the civil penalty, a civil
action may be brought by the State Sealer of Weights and Measures in any
court of competent jurisdiction to recover the civil penalty. All civil
penalties collected pursuant to this chapter must be deposited with the
State Treasurer for credit to the State General Fund.
(Added to NRS by 2005, 652 )
Any violation of the provisions
of NRS 590.160 to 590.330 , inclusive, shall be punished:
1. For the first conviction, by a fine of not more than $500.
2. For the second conviction, for a misdemeanor.
3. For the third and subsequent convictions, for a gross
misdemeanor.
[16.1:323:1951; added 1953, 326]—(NRS A 1959, 674; 1967, 619; 2005,
661 )
ANTIFREEZE
NRS 590.340 to 590.450 ,
inclusive, may be cited as the Nevada Antifreeze Act.
[12:308:1949; 1943 NCL § 1006.12]
As used in NRS 590.340 to 590.450 ,
inclusive, unless the context or subject matter otherwise requires:
1. “Antifreeze” includes all substances and preparations intended
for use as the cooling medium, or to be added to the cooling liquid, in
the cooling system of internal combustion engines to prevent freezing of
the cooling liquid or to lower its freezing point.
2. “Fiscal year” means the period of 1 year beginning July 1 and
expiring June 30 of the following year.
[1:308:1949; 1943 NCL § 1006.01] + [Part 4:308:1949; A 1951,
18]—(NRS A 1985, 530)
An antifreeze shall be deemed to be
adulterated:
1. If it consists in whole or in part of any substance which will
render it injurious to the cooling system of an internal combustion
engine or will make the operations of the engine dangerous to the user; or
2. If its strength, quality or purity falls below the standard of
strength, quality or purity under which it is sold.
[2:308:1949; 1943 NCL § 1006.02]
An antifreeze shall be deemed to be
misbranded:
1. If its labeling is false or misleading in any particular; or
2. If in package form it does not bear a label containing the name
and place of business of the manufacturer, packer, seller or distributor
and an accurate statement of the quantity of the contents in terms of
weight or measure on the outside of the package.
[3:308:1949; 1943 NCL § 1006.03]
1. Before any antifreeze may be sold, displayed for sale or held
with intent to sell within this State, a sample thereof must be inspected
annually by the State Sealer of Weights and Measures.
2. Upon application of the manufacturer, packer, seller or
distributor and the payment of a fee established by regulation of the
State Board of Agriculture for each brand of antifreeze submitted, the
State Sealer of Weights and Measures shall inspect the antifreeze
submitted. If the antifreeze:
(a) Is not adulterated or misbranded;
(b) Meets the standards of the State Sealer of Weights and
Measures; and
(c) Is not in violation of NRS 590.340 to 590.450 ,
inclusive,
Ê the State Sealer of Weights and Measures shall issue to the applicant a
written permit authorizing its sale in this State for the fiscal year in
which the inspection fee is paid.
3. If the State Sealer of Weights and Measures at a later date
finds that:
(a) The product to be sold, displayed for sale or held with intent
to sell has been materially altered or adulterated;
(b) A change has been made in the name, brand or trademark under
which the antifreeze is sold; or
(c) The antifreeze violates the provisions of NRS 590.340 to 590.450 ,
inclusive,
Ê he shall notify the applicant and the permit must be cancelled
forthwith.
[Part 4:308:1949; A 1951, 18]—(NRS A 1971, 120; 1977, 262; 1983,
406; 1999, 3601 )
1. The State Sealer of Weights and Measures shall enforce the
provisions of NRS 590.340 to 590.450
, inclusive, by inspections, chemical
analyses or any other appropriate methods. All samples for inspection or
analysis shall be taken from stocks in the State or intended for sale in
the State, or the State Sealer of Weights and Measures, through his
agents, may call upon the manufacturer or distributor applying for an
inspection of an antifreeze to supply such samples thereof for analysis.
2. The State Sealer of Weights and Measures, through his agents,
shall have free access at all reasonable times to all places of business,
buildings, vehicles, cars and vessels used in the manufacture,
transportation, sale or storage of any antifreeze, and he may open any
box, carton, parcel or package containing or supposed to contain any
antifreeze and may take therefrom samples for analysis. If the person, or
any officer, agent or employee thereof, from which such sample is taken,
at the time of taking demands payment, the person taking such sample
shall pay the reasonable market price therefor.
[5:308:1949; 1943 NCL § 1006.05]—(NRS A 1961, 652)
The State Sealer of Weights and Measures
may furnish upon request a list of the brands and trademarks of
antifreeze inspected by him or his agents during the fiscal year which
have been found to be in accord with NRS 590.340 to 590.450 ,
inclusive.
[7:308:1949; A 1951, 18]
No advertising literature relating
to any antifreeze sold or to be sold in this State shall contain any
statement that the antifreeze advertised for sale has been approved by
the State Sealer of Weights and Measures; but if any antifreeze has been
inspected by the State Sealer of Weights and Measures and found to meet
the standards of the State Sealer of Weights and Measures and not to be
in violation of NRS 590.340 to 590.450
, inclusive, such statement may be
contained in any advertising literature where such brand or trademark of
antifreeze is being advertised for sale.
[8:308:1949; 1943 NCL § 1006.08]
Whenever the State Sealer of Weights and Measures shall discover any
antifreeze is being sold or has been sold in violation of NRS 590.340
to 590.450 , inclusive, the facts shall be furnished to
the district attorney of the county where the violation occurred, who
shall institute proper proceedings.
[9:308:1949; 1943 NCL § 1006.09]—(NRS A 1961, 583)
If any person, partnership, corporation or
association shall violate the provisions of NRS 590.340 to 590.440 ,
inclusive, such person, partnership, corporation or association shall be
guilty of a misdemeanor.
[11:308:1949; 1943 NCL § 1006.11]—(NRS A 1961, 652)
LIQUEFIED PETROLEUM GAS
NRS 590.465 to 590.645 ,
inclusive, may be cited as the Nevada Liquefied Petroleum Gas Act.
(Added to NRS by 1957, 476; A 1987, 1538; 1989, 1837)
As used in NRS 590.465 to 590.645 ,
inclusive, unless the context or subject matter otherwise requires:
1. “Board” means the Board for the Regulation of Liquefied
Petroleum Gas.
2. “Liquefied petroleum gas,” “LPG” or “LP-Gas” means any material
which is composed predominantly of any of the following hydrocarbons, or
mixtures of propane, propylene, butanes, either normal butane or
isobutane, and butylenes.
(Added to NRS by 1957, 476; A 1985, 530, 799)
1. The Board for the Regulation of Liquefied Petroleum Gas,
consisting of six members appointed by the Governor, is hereby created.
2. The Governor shall appoint:
(a) One member who is a volunteer firefighter in a rural area of
this State.
(b) One member who is a firefighter employed by the fire department
of a city in this State.
(c) Two members who:
(1) Are or have been engaged in the sale or distribution of
liquefied petroleum gas in this State; and
(2) Have a working knowledge of and actual experience in the
daily operation of a business classified pursuant to the provisions of
subsection 1 of NRS 590.575 .
Ê Each member appointed pursuant to this paragraph may be appointed from
a separate list of three nominees for appointment if such a list of
nominees is provided to the Governor by the Nevada Propane Dealers
Association.
(d) Two members who are representatives of the general public.
3. After the initial terms, the members of the Board must be
appointed to terms of 4 years.
4. Any appointed member may, for cause, inefficiency or neglect of
duties, be removed from office by the Governor.
5. Each member of the Board is entitled to receive a salary of not
more than $80 per day, as fixed by the Board, while engaged in the
business of the Board.
6. While engaged in the business of the Board, each member and
employee of the Board is entitled to receive the per diem allowance and
travel expenses provided for state officers and employees generally.
7. Except as otherwise provided by NRS 590.547 and 590.605 ,
the salaries, per diem allowances and travel expenses of the members and
employees of the Board must be paid out of the money of the Board, after
approval by a majority of the Board.
(Added to NRS by 1957, 476; A 1977, 1245; 1985, 440, 799; 1987,
1538; 1989, 1720; 1991, 386; 1993, 219, 443; 2005, 339 )
1. The Board shall hold three regular meetings per year in the
months of March, July and November at such times and at such places as
may be specified by a call of the Chairman.
2. Special meetings may be held at such times and places as may be
specified by a call of the Chairman or a majority of the Board.
3. At the regular meeting in March of each year, the Board shall
elect, by majority vote, a Chairman, Vice Chairman and
Secretary-Treasurer, who shall hold their respective offices for a period
of 1 year.
4. Four members of the Board constitute a quorum, and may exercise
all the power and authority conferred on the Board.
5. If the Board conducts a hearing concerning the location of a
facility for the storage of liquefied petroleum gas pursuant to NRS
590.547 , the Board shall:
(a) Notify the governing body and fire protection agency of the
town; and
(b) Post a notice in a conspicuous place in the town,
Ê in which the hearing will be held, at least 10 days before the hearing.
6. In addition to any other notice, the Board shall post the
agenda of each meeting in:
(a) The county seat of each county in this State; and
(b) Each city or town,
Ê in which a project identified on the agenda is located.
(Added to NRS by 1957, 476; A 1983, 1447; 1987, 1053, 1538; 1989,
1838; 1993, 443)
1. The Board may adopt a seal for its own use which must have
imprinted thereon the words “Board for the Regulation of Liquefied
Petroleum Gas.” The care and custody of the seal is the responsibility of
the Secretary-Treasurer of the Board.
2. The Board may appoint an Executive Secretary and may employ or,
pursuant to NRS 284.173 , contract with
such other technical, clerical or investigative personnel as it deems
necessary. The Board shall fix the compensation of the Executive
Secretary and all other employees and independent contractors. Such
compensation must be paid out of the money of the Board. The Board may
require the Executive Secretary and any other employees and independent
contractors to give a bond to the Board for the faithful performance of
their duties, the premiums on the bond being paid out of the money of the
Board.
3. In carrying out the provisions of NRS 590.465 to 590.645 ,
inclusive, and holding its regular or special meetings, the Board:
(a) Shall adopt written policies setting forth procedures and
methods of operation for the Board.
(b) May adopt such regulations as it deems necessary.
4. The Board shall submit to the Legislature and the Governor a
biennial report before September 1 of each even-numbered year, covering
the biennium ending June 30 of that year, of its transactions during the
preceding biennium, including a complete statement of the receipts and
expenditures of the Board during the period and any complaints received
by the Board.
5. The Board shall keep accurate records, minutes and audio
recordings or transcripts of all meetings and, except as otherwise
provided in NRS 241.035 , the records,
minutes, audio recordings and transcripts so kept must be open to public
inspection at all reasonable times. The Board shall also keep a record of
all applications for licenses and licenses issued by it. The record of
applications and licenses is a public record.
(Added to NRS by 1957, 477; A 1971, 211; 1981, 92; 1983, 1233;
1985, 800; 1987, 1539; 1989, 1838; 1991, 387; 2005, 1416 )
1. The Board shall maintain in such locations as it deems
necessary an office open to the public during business hours on weekdays,
with a telephone number available 24 hours a day for persons who use
liquefied petroleum gas to obtain assistance in an emergency.
2. The office must be supervised by an employee of the Board
qualified to deal with the complaints of persons who use liquefied
petroleum gas and with other matters relating to the business of the
Board.
3. Persons licensed by the Board pursuant to NRS 590.575 in Class 1 and Class 2 or their qualified
employees must be made available 24 hours a day to offer assistance upon
the request of the Board or a fire department or other fire protection
agency in whose district any emergency involving liquefied petroleum gas
occurs.
(Added to NRS by 1987, 1537; A 1993, 444)
1. In addition to any other regulations it is authorized or
required to adopt, the Board shall adopt such other regulations as are
reasonably necessary for the:
(a) Protection of the health, welfare and safety of the public and
persons using liquefied petroleum gases;
(b) Provision of reasonable and adequate service to those persons
using liquefied petroleum gases; and
(c) Regulation of the removal of a tank from a customer’s premises
and the maximum time allowable between the request and the removal. The
Board shall consider the presence of fences or other physical impediments
to the removal of the tank in determining reasonable exceptions to the
time allowed for removal.
2. All regulations adopted by the Board relating to safety must be
in substantial conformity with the generally accepted standards of safety
concerning the same subject matter. Regulations adopted by the Board
relating to safety in the storage, distribution, dispensing, transporting
and utilization of LPG in this State and in the manufacture, fabrication,
assembly, sale, installation and use of LPG systems, containers,
apparatus or appliances must be just and reasonable and must conform, as
nearly as possible, to the standards of the National Fire Protection
Association, relating to the design, construction, installation and use
of systems, containers, apparatus, appliances and pertinent equipment for
the storage, transportation, dispensation and utilization of LPG.
3. In addition, the Board shall adopt regulations which:
(a) Provide for the Board, through its staff, to:
(1) Respond to inquiries and complaints from persons who use
liquefied petroleum gas;
(2) Assist persons who use liquefied petroleum gas in
obtaining liquefied petroleum gas in an emergency; and
(3) Facilitate the resolution of disputes between licensees
and their customers.
Ê The provisions of this paragraph do not impose a duty upon the Board to
provide financial assistance to any person.
(b) Provide for the hearing and mediation of complaints filed by
persons who use liquefied petroleum gas. Any such hearing must be open to
the public, recorded on tape and prior notice thereof must be mailed by
the Board to any person who requests to receive notice of such hearings.
(c) Require each licensee to disclose uniformly information which
the Board determines is necessary to disseminate to the licensees’
customers and prospective customers. The Board may adopt forms for such
disclosures, but shall also require each licensee to post its rates and,
upon request, disclose by telephone its applicable rates to existing and
potential customers who so inquire.
(Added to NRS by 1957, 478; A 1981, 94; 1987, 1540; 1989, 1839;
1991, 504; 2005, 299 )
1. The Board shall adopt regulations regarding safety for all:
(a) Systems for the distribution of liquefied petroleum gas to nine
users of liquefied petroleum gas or less;
(b) Tanks and appliances for liquefied petroleum gas; and
(c) Suppliers and distributors of liquefied petroleum gas to any
person or any system for the distribution of liquefied petroleum gas.
2. The Board shall:
(a) Provide for the regular inspection of all systems, containers,
apparatus and equipment for the storage, distribution, transportation,
dispensing or use of liquefied petroleum gas.
(b) Employ such qualified inspectors as are necessary to carry out
the provisions of paragraph (a).
(c) Conduct programs on safety relating to liquefied petroleum gas
for volunteer firefighters and groups of persons who use liquefied
petroleum gas.
(Added to NRS by 1987, 1537; A 2005, 339 )
The Board
may adopt regulations setting forth minimum general standards covering
the design, construction, location, installation and operation of
equipment for storing, handling, transporting by tank truck or tank
trailer, and using liquefied petroleum gases and specifying the
odorization of the gases and the degree thereof.
(Added to NRS by 1987, 1536)
All
equipment must be installed and maintained in a safe operating condition
and in conformity with the regulations and specifications adopted by the
Board pursuant to NRS 590.515 and
590.519 .
(Added to NRS by 1957, 479; A 1987, 1541)
1. No person, firm or corporation, other than the owner and those
authorized by the owner so to do, shall sell, fill, refill, deliver or
permit to be delivered, or use in any manner any liquefied petroleum gas
container or receptacle for any gas, compound, or for any other purpose
whatsoever.
2. No person, firm or corporation shall hereafter engage in this
state in the business of manufacturing, fabricating, assembling, selling
or installing any systems, containers, apparatuses or appliances used, or
to be used, in this state for the transportation, storage, dispensation
or utilization of LPG, nor shall any transporter, distributor or retailer
of LPG engage in storing, dispensing or utilizing, nor shall any
transporter, distributor or retailer dispense or transport over the
highways of this state any LPG intended for use in this state in any
system, container, apparatus or appliance without having first applied
and obtained from the Board a license to do so.
3. The licenses required by this section shall not apply to the
following types of businesses or operations:
(a) Those engaged in the production or manufacture of LPG.
(b) Those engaged in the wholesale selling or reselling of LPG to
transporters, industrial consumers, processors, distributors or
retailers, except wholesalers selling to ultimate consumers in this state.
(c) Those selling or delivering motor vehicles or tractors, or
supplying the same, which are factory-equipped with an LP-Gas system,
container, apparatus or appliance for the utilization therein of LPG as
motor fuel.
(Added to NRS by 1957, 479)
1. Each dealer who leases a tank for the storage of liquefied
petroleum gas to a customer shall, upon the request of a customer, remove
the tank from the customer’s premises, at no charge to the customer.
2. The dealer shall refund to the customer:
(a) On a pro rata basis, an amount equal to the rent for the unused
portion of the lease; and
(b) An amount equal to the value of the liquefied petroleum gas
which remains in the tank when the tank is removed. In calculating the
value of the liquefied petroleum gas, the dealer shall use the price the
customer paid for the liquefied petroleum gas. If removal of liquefied
petroleum gas from the tank is necessary to allow the dealer to remove
the tank from the customer’s premises, there may be no charge imposed
upon the customer for the removal of the gas.
3. The dealer shall mail the refund to the customer within 15 days
after the tank is removed from the customer’s premises.
(Added to NRS by 1989, 1837)
1. Except as otherwise provided in subsection 2, no political
subdivision may adopt or enforce any ordinance or regulation in conflict
with the provisions of NRS 590.465 to
590.645 , inclusive, or with the
regulations adopted pursuant to NRS 590.465 to 590.645 ,
inclusive.
2. If a political subdivision determines that higher or more
stringent standards concerning a particular installation or storage of
liquefied petroleum gas within its jurisdiction are necessary, it may
request the Board to consider the matter at a joint public meeting. The
Board shall schedule and conduct such a meeting within 30 days after
receiving the request. If, at the joint meeting, a majority of the
members of the Board and a majority of the members of the governing body
of the political subdivision agree:
(a) That higher or more stringent standards should apply in that
particular case; and
(b) Upon what those standards should be,
Ê then the governing body of the political subdivision may adopt those
standards for that particular case.
(Added to NRS by 1957, 479; A 1985, 801; 1987, 1541; 1991, 387)
1. Any hearing held by the Board on the proposed location of a
facility for the storage of liquefied petroleum gas in a town in which no
zoning ordinances or regulations apply must be held in the town in which
the proposed facility would be located. The person requesting approval of
the facility shall pay to the Board any costs incurred by the Board in
conducting the hearing and inspection of the site of the proposed
facility, including:
(a) Costs to employ an attorney or other consultant; and
(b) Per diem allowances and travel expenses.
Ê If the Board determines that costs associated with the hearing will be
substantial, it may require the person requesting approval of the
facility to pay a part of the anticipated costs in advance of the hearing.
2. The Board shall provide for the physical inspection of the site
of the proposed facility for the storage of liquefied petroleum gas
before the application is approved or denied by the Board.
3. In determining whether to approve the facility for the storage
of liquefied petroleum gas, the Board shall consider:
(a) The health and safety of the residents of the area where the
facility would be located.
(b) The availability of water for fighting any fire at the facility
or in the surrounding area.
(c) The proximity of schools, residences, commercial establishments
and other structures to the site and the risk of injury to persons or
damage to property in the event of an emergency at the facility.
(Added to NRS by 1987, 1537; A 1993, 444)
1. The Board may:
(a) Prescribe the method and form of application for a license to
sell, deliver, transport, transfer or dispense or engage in any other
activity relating to liquefied petroleum gas;
(b) Investigate the experience, reputation and background of
applicants;
(c) Issue, suspend, revoke or deny licenses; and
(d) Conduct hearings in connection with applications for, or
revocation of, licenses.
Ê In conducting hearings on the issuance or revocation of any license,
the Board may compel the attendance of witnesses by use of subpoena and
apply to the district court of the county where the hearing is held for
an order citing any applicant or witness for contempt, for failure to
attend or testify.
2. The Board may conduct examinations of any applicant to
determine the responsibility, ability, knowledge, experience or other
qualification of the applicant for a license under NRS 590.465 to 590.645 ,
inclusive, and may require a reasonable amount of insurance against
liability for injury to persons and damage to property.
3. The Board shall adopt regulations setting fees for
applications, licenses and inspections adequate to cover the cost of the
operations of the Board.
4. The Board may suspend or revoke licenses and refuse renewals of
licenses if the applicant or licensee has been guilty of acts or conduct
harmful to either the safety or protection of the public.
(Added to NRS by 1987, 1536)
1. Applications for any licenses required by NRS 590.465 to 590.645 ,
inclusive, must be made to the Board prior to conducting any business of
installing equipment for the use of LPG or prior to engaging in the
business of selling LPG. No person may install or conduct any business of
installing equipment for the use of LPG or engage in the business of
selling LPG until such person has obtained a license from the Board.
2. The application must include the name and address of the
applicant, and, if a partnership, the names and addresses of all
partners, and if a corporation, association or other organization, the
names and addresses of the president, vice president, secretary and
managing officers.
3. Each application must be accompanied by the application fee and
the annual license fee for the particular classification for each
business or premises for which the license is sought as provided for in
NRS 590.465 to 590.645 , inclusive.
(Added to NRS by 1957, 479; A 1959, 225; 1991, 388)
1. The Board shall approve or disapprove all applications, and in
the event an application is disapproved the Board shall promptly return
to the applicant the license fee. Within 5 days after the denial of a
license, the Board shall serve upon the applicant and the Governor a copy
of the order denying the license, which order shall specify the reasons
for the denial.
2. If it appears that the applicant is qualified by experience,
education or knowledge to install equipment in a satisfactory and safe
manner or is qualified by experience, education or knowledge to sell,
transport or deliver the gas, and that the equipment used by the
applicant complies with the minimum safety standards established by the
Board, the Board shall approve the application and issue the appropriate
license for the particular classification stated in NRS 590.465 to 590.645 ,
inclusive.
(Added to NRS by 1957, 480; A 1959, 225)
For the purpose of administering the
provisions of NRS 590.465 to 590.645
, inclusive, and adopting the
application and license fees to be remitted, the Board may classify any
person, firm or corporation as follows:
1. Class 1. A fully licensed dealer who is engaged in the business
of installing equipment for the use of LPG and who sells, fills, refills,
delivers, or is permitted to deliver any LPG.
2. Class 2. A business engaged in the sale, transportation and
exchange of cylinders, but not in transporting or transferring gas in
liquid bulk.
3. Class 3. A business not engaged in the sale of LPG, but engaged
in the sale and installation of gas-consuming appliances, piping,
apparatuses, fixtures and connections.
4. Class 4. A business which operates one or more dispensers at a
fixed location for the resale of propane to the public.
5. Class 5. Any other business engaged in activities relating to
LPG which the Board determines requires a special license.
(Added to NRS by 1957, 480; A 1960, 108; 1983, 1234)
1. Every license issued under NRS 590.465 to 590.645 ,
inclusive, shall set forth the name of the person or persons to whom it
is issued.
2. The license shall specify the location, by street and number,
of the premises for which it is issued and the particular classification
of the license authorizing the type of business to be conducted.
(Added to NRS by 1957, 481)
1. Any license issued under the provisions of NRS 590.465 to 590.645 ,
inclusive, shall not be transferable by the licensee or licensees to any
other person, firm, association, partnership or corporation, and it shall
be valid only for the particular premises and particular persons
described therein.
2. Whenever there is any transfer or change in the ownership such
change must be reported to the Board within 30 days.
3. No license fee paid under NRS 590.465 to 590.645 ,
inclusive, shall be refunded whenever any license issued has ceased to be
valid either because of a voluntary transfer of any nature, revocation
under the provisions of NRS 590.465 to
590.645 , inclusive, death, insolvency,
assignment for the benefit of creditors, or for any other reason.
(Added to NRS by 1957, 481)
1. Whenever the Board has reasonable grounds to believe that any
applicant or licensee under NRS 590.465
to 590.645 , inclusive, is violating any
of the provisions of NRS 590.465 to
590.645 , inclusive, or regulations or
specifications adopted hereunder, or is violating or failing to comply
with any of the health and safety laws or regulations in force in this
State, or is acting or conducting his operations in any other manner
which the Board deems to be inimical and not to the best interests of the
health, safety or welfare of the people of this State, the Board may,
after a hearing, suspend or revoke any or all licenses previously issued
under the provisions of NRS 590.465 to
590.645 , inclusive, or take such
intermediate actions, including the imposition of fines, as it deems
appropriate under the circumstances. If the Board has reasonable grounds
to believe that a licensee is delivering a lesser quantity of gas than he
bills the customer for with the intent to defraud, that fact must be
reported to the State Sealer of Weights and Measures.
2. The Board shall cite the licensee, upon notice, stating reasons
and given not less than 10 days before the date set for the hearing, to
appear and show cause, if any he has, why the license should not be
revoked or suspended or other disciplinary action should not be taken.
3. The Board may conduct investigations, summon and compel the
attendance of witnesses, require the production of any records or
documents and provide for the taking of depositions under the Nevada
Rules of Civil Procedure in connection with such hearings.
4. If, upon hearing, the Board is satisfied that the violation
charged is true, or if the licensee fails to appear and show cause, the
Board may revoke or suspend the license summarily or take such
intermediate action, including the imposition of a fine, as it deems
appropriate. In addition to any penalties imposed pursuant to this
subsection, the licensee shall pay to the Board any costs incurred by the
Board in conducting the investigation and hearing, including:
(a) Costs to employ an attorney or other consultant; and
(b) Per diem allowances and travel expenses.
Ê Money received by the Board from the imposition of fines must be paid
to the State Treasurer for credit to the State General Fund. The Board
may retain the money paid to reimburse it for the costs of conducting an
investigation and hearing.
5. The findings of the Board pursuant to this section, the
judgment and the order must be reduced to writing and filed in the
permanent public records of the Board. Copies must be furnished to the
licensee and the complaining customer, if any. A licensee is entitled to
judicial review of the order in the manner provided by chapter 233B
of NRS. Enforcement of the Board’s order
must be stayed until judicial review is completed.
6. In any case where the Board refuses to issue a license, or
suspends or revokes a license, the applicant or accused may submit
another application for the consideration of the Board.
(Added to NRS by 1957, 481; A 1977, 80; 1989, 1656, 1840; 1989,
1656, 1840; 1993, 445)
The Board may grant
variances from its regulations when it deems it in the best interest of
the safety of the public or the persons using materials or services
relating to liquefied petroleum gas.
(Added to NRS by 1987, 1537)
When the Board finds, under such conditions as may
arise, a variation from its rules, regulations or specifications which
does not impair the safety of the public and persons using the materials
which would otherwise be secure by compliance with such rules,
regulations or specifications, the Board may, upon written application,
consideration and investigation, grant a variance from the terms of the
rules, regulations or specifications on such conditions as it may specify
to insure the safety of the public and persons using the materials or
services. In granting the variance, the Board shall take into
consideration one or more of the following circumstances or conditions
and the application shall specify which of them are relied upon:
1. The purpose and meaning embodied in the regulation from which
the variance is requested and its relative importance in balancing the
interests of the licensee and the community or public.
2. The reasons why the rules, regulations or specifications cannot
be complied with.
3. If a consumer tank is involved, whether or not a fire hazard
will be created or is maintained.
4. The openings which may or may not be made into any buildings
below any regulator or container vents.
5. Whether or not the adjacent walls or exposures are fireproof.
6. Whether or not the installation will be safe in the event the
variance is allowed.
7. Whether or not the installation will be exposed to collision by
moving vehicles.
8. Any other factors or considerations which impose a hardship on
the licensee or which the Board deems appropriate for the granting of a
variance.
(Added to NRS by 1957, 482)
The
Attorney General for the State of Nevada and his duly appointed deputies
shall be the legal advisers of the Board on all matters, of every kind
and nature, arising in the administration or enforcement of the
provisions of NRS 590.465 to 590.645
, inclusive, or the rules, regulations
or specifications promulgated hereunder.
(Added to NRS by 1957, 482)
The
respective sheriffs within their counties, and all police officers of the
State of Nevada, are charged with the duty, without further compensation,
of assisting in the enforcement of NRS 590.465 to 590.645 ,
inclusive, and shall, upon notice from the Board that a dealer or
licensee is installing equipment or engaged in the sale of LPG without a
license, or its license has been revoked or suspended, stop and abate
such dealer or licensee from installing, selling or otherwise conducting
business until such time as the requirements of NRS 590.465 to 590.645 ,
inclusive, and all rules, regulations or specifications promulgated by
the Board have been complied with.
(Added to NRS by 1957, 482)
1. Any person who violates any of the provisions of NRS 590.465
to 590.645 , inclusive, or any of the rules, regulations
or specifications promulgated thereunder, is guilty of a misdemeanor.
2. If any person has engaged or is about to engage in any acts or
practices which constitute or will constitute an offense against the
provisions of NRS 590.465 to 590.645
, inclusive, the district court of any
county, on application of the Board, may issue an injunction or other
appropriate order restraining such conduct. Proceedings pursuant to this
subsection must be governed by Rule 65 of the Nevada Rules of Civil
Procedure, except that no bond or undertaking is required in any action
commenced by the Board.
(Added to NRS by 1959, 224; A 1989, 1840)
The Division of
Industrial Relations of the Department of Business and Industry may
promote safety in the liquefied petroleum gas industry within the State.
(Added to NRS by 1957, 483; A 1973, 1024; 1977, 581; 1981, 1536;
1991, 2437; 1993, 1797)
CLEANUP OF DISCHARGED PETROLEUM
As used in NRS 590.700 to 590.920 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 590.710 to 590.800
, inclusive, have the meanings ascribed
to them in those sections.
(Added to NRS by 1989, 1686; A 1991, 339; 2005, 300 )
“Board” means the Board to Review
Claims.
(Added to NRS by 1989, 1686)
“Department” means the
Department of Motor Vehicles.
(Added to NRS by 1989, 1686; A 1999, 1022 ; 2001, 2642 )
“Diesel fuel
of grade number 1” means a distillate from fuel oil which is of high
volatility and used in high-speed diesel engines generally operated under
variations in speed and load. The term includes diesel fuel of the type
“C-B,” generally used in buses and similar operations.
(Added to NRS by 1991, 338)
“Diesel fuel
of grade number 2” means a distillate from gas oil which is of low
volatility and used in high-speed diesel engines generally operated under
uniform speed and load. The term includes diesel fuel of the type “R-R,”
generally used in railroad locomotives, and type “T-T,” generally used in
trucks with diesel engines.
(Added to NRS by 1991, 338)
“Discharge” means any release,
leaking or spilling from a storage tank into water or soil, unless the
discharge is authorized by state or federal law.
(Added to NRS by 1989, 1686)
“Division” means the Division of
Environmental Protection of the State Department of Conservation and
Natural Resources.
(Added to NRS by 1989, 1686)
“Fund” means the Fund for Cleaning Up
Discharges of Petroleum.
(Added to NRS by 1989, 1686)
“Heating oil” means diesel
fuel of grade number 1 or 2 or any other form of petroleum used in an
oil-fired furnace or boiler for space heating.
(Added to NRS by 1989, 1686)
“Motor vehicle fuel”
has the meaning ascribed to it in NRS 365.060 .
(Added to NRS by 1991, 338)
“Operator” means a person who
owns, controls or is responsible for the operation of a storage tank.
(Added to NRS by 1989, 1686)
“Person” includes the United
States, this state, and any agency or political subdivision of this state.
(Added to NRS by 1989, 1686)
“Petroleum” means crude oil or
any fraction thereof which is liquid at a temperature of 60 degrees
Fahrenheit and a pressure of 14.7 pounds per square inch absolute.
(Added to NRS by 1989, 1687)
“Storage tank” means any tank
used to store petroleum, except petroleum for use in a chemical process.
(Added to NRS by 1989, 1687)
The Legislature finds that:
1. Protection of this state’s environment, particularly its
supplies of water, requires the prompt cleaning up of any discharge of
petroleum from a storage tank.
2. Federal law and regulations require each operator of a storage
tank to show financial responsibility for this purpose, but the capital
of smaller operators is too little to meet these requirements and
insurance to cover this liability is prohibitively costly for these
smaller operators.
3. Free competitive access to the business of distributing
petroleum therefore requires a system of funding this liability in which
all engaged in the business must participate equitably.
4. The fee imposed by NRS 590.840 is not an excise tax but a fee for engaging in
the refining or importation of motor vehicle fuel, diesel fuel of grade
number 1, diesel fuel of grade number 2 and heating oil.
(Added to NRS by 1989, 1687; A 1991, 339)
1. The Board to Review Claims is hereby created in the Division.
The Board consists of:
(a) The Administrator of the Division;
(b) The Executive Director of the Department;
(c) The State Fire Marshal;
(d) A representative of refiners of petroleum;
(e) A representative of independent dealers in petroleum;
(f) A representative of independent retailers of petroleum; and
(g) A representative of the general public.
2. An officer designated as a member of the Board may designate a
substitute. The Governor shall appoint the respective representatives
designated as members of the Board. Each representative of a field of
enterprise must be appointed from a list of three persons nominated by
persons engaged in that field in this State, through their trade
association if one exists.
3. The Board shall select its Chairman. The Administrator of the
Division shall provide administrative assistance to the Board as required.
4. Each member who is appointed by the Governor is entitled to
receive a salary of not more than $80, as fixed by the Board, for each
day’s attendance at a meeting of the Board.
5. While engaged in the business of the Board, each member of the
Board is entitled to receive the per diem allowance and travel expenses
provided for state officers and employees generally.
(Added to NRS by 1989, 1687; A 1991, 491)
1. The Fund for Cleaning Up Discharges of Petroleum is hereby
created as a special revenue fund in the State Treasury. The Division
shall administer the Fund for the purposes prescribed in NRS 590.700
to 590.920 , inclusive, and the Board shall adopt
appropriate regulations for the investigation and payment of claims
against the Fund. The Board shall review each claim presented and
authorize payment to the extent warranted by the facts of the case.
2. The expenses incurred by the Division in performing its duties
pursuant to NRS 590.700 to 590.920
, inclusive, are a charge against the
Fund. The interest earned on money in the Fund must be credited to the
Fund.
3. The Board shall transmit a copy of any resolution that the
Board has adopted in carrying out its duties pursuant to this section to
the Legislative Counsel within 5 working days after the adoption of the
resolution for inclusion in the register of administrative regulations
published pursuant to NRS 233B.0653 .
(Added to NRS by 1989, 1687; A 1997, 126; 1999, 2408 ; 2005, 300 )
Notwithstanding any provision of NRS 590.700 to 590.920 ,
inclusive, to the contrary, and except as otherwise provided in this
section:
1. The Division may expend not more than $250,000 from the Fund
per year as reimbursement for necessary costs incurred by the Division in
the response to and cleanup of any discharge involving petroleum,
including discharges from a storage tank and discharges from a mobile
tank that occur during the transportation of petroleum on roads and
highways. If the discharge involving petroleum also involves the
discharge of another hazardous material, the Division may expend money
pursuant to this section in the cleanup of the discharge of petroleum and
the other hazardous material. The Division shall not expend money from
the Fund pursuant to this section to clean up discharges involving
petroleum from pipelines.
2. Except as otherwise provided in this subsection, money from the
Fund expended by the Division pursuant to this section must be used to
augment, and must not be used to replace or supplant, any money available
from other sources for the cleanup of discharges of petroleum, including,
without limitation, reimbursements by operators required to be made to
the Division pursuant to NRS 590.850
and 590.870 . If no money is available
from those other sources, the Division may expend money from the Fund
pursuant to this section to reimburse the Division for any costs
specified in subsection 1.
3. If the Division expends money pursuant to this section to clean
up a discharge involving petroleum, the operator of the tank shall
reimburse the Division for his share of the costs for cleaning up the
discharge. The Division shall, upon being reimbursed by the operator of
the tank pursuant to this subsection, deposit that money in the Fund.
4. As used in this section:
(a) “Discharge” means any release, leaking or spilling from a tank
into water or soil, unless the discharge is authorized by state or
federal law.
(b) “Operator” means a person who owns, controls or is responsible
for the operation of a tank.
(c) “Tank” means a storage tank or a mobile tank used to transport
petroleum received for sale or use in this State.
(Added to NRS by 2005, 298 )
1. Except as otherwise provided in subsection 2, the Department
shall collect for deposit in the Fund a fee of 0.75 cent for each gallon
of motor vehicle fuel, diesel fuel of grade number 1, diesel fuel of
grade number 2 and heating oil imported into this State in one of those
forms or refined in this State. The fee imposed by this section is in
addition to the taxes imposed by chapters 365
and 366 of NRS.
2. The fee imposed by subsection 1 does not apply to motor vehicle
fuel, diesel fuel of grade number 1, diesel fuel of grade number 2 or
heating oil that is:
(a) Imported or refined by the United States, its unincorporated
agencies and instrumentalities, or any incorporated agency or
instrumentality of the United States wholly owned by the United States or
by a corporation wholly owned by the United States;
(b) Exported from this State;
(c) Imported or refined by railroad companies for use in locomotive
engines;
(d) Being transported through this State in interstate commerce; or
(e) Used as fuel for jet or turbine-powered aircraft.
3. The fee is payable on or before the last day of each calendar
month for those products subject to the fee that are handled during the
preceding calendar month. The Department shall prescribe by regulation
the manner of payment of the fee and for this purpose may reasonably
classify the persons liable for payment. The Department may, in
collecting the fee, employ any administrative power conferred upon it by
chapter 360A or 365 of NRS.
4. The expenses incurred by the Department in performing its
duties under NRS 590.700 to 590.920
, inclusive, are a charge against the
Fund.
(Added to NRS by 1989, 1688; A 1991, 339; 1995, 2503; 1999, 1022
; 2001, 2630 , 2642 )
1. Except as otherwise provided in subsection 2, the Division
shall collect for deposit in the Fund an annual fee not to exceed $100,
set by the Board, for the registration of each storage tank.
2. No fee is to be collected, and no registration is required,
with respect to a storage tank used to store heating oil for consumption
on the same premises where the oil is stored, or a storage tank operated
by a person not required to pay the fee for petroleum produced in or
imported into this State.
3. The operator of a storage tank required to be registered
pursuant to this section who fails to register that tank or to pay the
annual fee when required shall reimburse the Division for any expense
incurred by the Division in cleaning up a discharge from that storage
tank and for any discharge of liability to a third person. If, in
cleaning up the discharge from that storage tank, the Division expends
money from the Fund in accordance with NRS 590.835 , the Division shall, upon being reimbursed by
the operator of the storage tank pursuant to this subsection, deposit
that money in the Fund.
(Added to NRS by 1989, 1688; A 1991, 340; 1995, 2504; 2005, 301
)
If the balance in the Fund at the end of any fiscal year is
estimated at $7,500,000 or more, the Department shall not collect during
the ensuing fiscal years the fee imposed by NRS 590.840 unless otherwise required by this section. If
at the end of any subsequent fiscal year the balance in the fund is
estimated at $5,000,000 or less, the Department shall resume collection
during the ensuing fiscal year of the fee so imposed.
(Added to NRS by 1989, 1689; A 1991, 491)
1. The operator of every storage tank, and every person who for
compensation puts petroleum into a storage tank, shall report to the
Division every discharge from that tank of which he is aware or has
reason to believe has occurred. The Division shall undertake or contract
for cleaning up the discharge unless the operator or another person is
already acting properly to clean it up. If the Division cleans up the
discharge, the operator shall reimburse the Division for his share of the
costs. If, in cleaning up the discharge, the Division expends money from
the Fund in accordance with NRS 590.835 , the Division shall, upon being reimbursed by
the operator of the storage tank pursuant to this subsection, deposit
that money in the Fund.
2. Each operator who is required or who chooses to register a tank
must, unless the tank has been tested for tightness under the federal
standards embodied in 40 C.F.R. § 280.43c since July 1, 1988, test the
tank pursuant to those standards before it is eligible for the coverage
provided by NRS 590.880 and 590.890
.
(Added to NRS by 1989, 1689; A 2005, 301 )
The costs resulting from a
discharge from a storage tank which has a capacity of 1,100 gallons or
less and is used to store heating oil for consumption on the same
premises where the oil is stored must be paid as follows, to the extent
applicable:
1. The first $250 for cleaning up and the first $250 of liability
for damages to a person other than this state or the operator of the
tank, or both amounts, by the operator.
2. If necessary to protect the environment or the public health
and safety, the next $250,000 for cleaning up and the next $250,000 for
damages to a person other than this state or the operator of the tank, or
both amounts, from the Fund. These limits apply to any one discharge and
to the total for discharges from storage tanks controlled by any one
operator in any fiscal year. For the purpose of this limitation, a group
of operators more than 50 percent of whose net worth is beneficially
owned by the same person or persons constitutes one operator.
3. Any further cost for cleaning up or for damages, by the
operator.
(Added to NRS by 1989, 1689; A 1991, 340; 1995, 2504)
If the costs resulting from a discharge from any other
storage tank exceed $5,000, the costs must be paid as follows, to the
extent applicable:
1. By an operator which is an agency, department, division or
political subdivision of the State, 10 percent or $10,000, whichever is
less, of the first $1,000,000 for cleaning up each tank and of the first
$1,000,000 of liability for damages from each tank to any person other
than this state or the operator of the tank, or both amounts. The balance
of the first $1,000,000 for cleaning up each tank or for damages from
each tank must be paid from the Fund, but the total amount paid from the
Fund pursuant to this subsection in any one fiscal year for discharges
from two or more storage tanks under the control of any one operator must
not exceed $1,980,000 for cleaning up and $1,980,000 for damages.
2. By an operator which is a small business, 10 percent of the
first $1,000,000 for cleaning up each tank and of the first $1,000,000 of
liability for damages from each tank to a person other than this state or
the operator of the tank, or both amounts. The total amount paid by an
operator pursuant to this subsection must not exceed $50,000 for cleaning
up and $50,000 for damages regardless of the number of storage tanks
involved. The balance of the first $1,000,000 for cleaning up each tank
or for damages from each tank must be paid from the Fund, but the total
amount paid from the Fund pursuant to this subsection in any one fiscal
year for discharges from two or more storage tanks under the control of
any one operator must not exceed $1,900,000 for cleaning up and
$1,900,000 for damages. For the purpose of this limitation, a group of
operators more than 50 percent of whose net worth is beneficially owned
by the same person or persons constitutes one operator.
3. By all other operators:
(a) Ten percent of the first $1,000,000 for cleaning up each tank
and of the first $1,000,000 of liability for damages from each tank to a
person other than this state or the operator of the tank, or both amounts.
(b) Ninety percent of the first $1,000,000 for cleaning up each
tank or for damages from each tank must be paid from the Fund.
Ê The total amount paid from the Fund pursuant to paragraph (b) in any
one fiscal year for discharges from two or more storage tanks under the
control of any one operator must not exceed $1,800,000 for cleaning up
and $1,800,000 for damages. For the purpose of this limitation, a group
of operators more than 50 percent of whose net worth is beneficially
owned by the same person or persons constitutes one operator.
4. Any further cost for cleaning up or for damages which is in
excess of the amounts paid pursuant to subsections 1, 2 and 3 must be
paid by the operator.
5. A political subdivision of the State that receives money from
the Fund pursuant to subsection 1 to pay for the costs of cleaning up
shall hold one public hearing upon initiation of the cleanup and one
public hearing every 3 months thereafter until the cleanup is completed
to ensure that the cleanup complies with any requirements of the Division
concerning the cost-effectiveness of cleaning up. The costs incurred by
the political subdivision for the hearing must not be attributed to the
political subdivision as part of the costs paid by the political
subdivision pursuant to subsection 1.
6. For the purposes of this section, a small business is a
business which receives less than $500,000 in gross annual receipts from
the site where the tank is located.
(Added to NRS by 1989, 1689; A 1991, 340; 1995, 2504)
1. Any person who, through willful or wanton misconduct, through
gross negligence or through violation of any applicable statute or
regulation, including specifically any state or federal standard
pertaining to the preparation or maintenance of sites for storage tanks,
proximately causes a discharge is liable to the Division for any cost in
cleaning up the discharge or paying for it to be cleaned up.
2. If a discharge occurs, the site of the tank and any other
premises affected by the discharge must be brought into compliance with
any applicable standard as described in subsection 1.
(Added to NRS by 1989, 1690)
If the balance in the Fund is
insufficient to pay in full all amounts payable from it under NRS 590.700
to 590.920 , inclusive, these amounts must be reduced pro
rata and the amounts so withheld must be paid pro rata as additional
money becomes available in the Fund.
(Added to NRS by 1989, 1690)
1. Except as otherwise specifically provided in NRS 590.835 , the provisions of NRS 590.850 to 590.910 ,
inclusive, do not apply to any tank which:
(a) Contains petroleum being transported through this State in
interstate commerce, but do apply to a tank being used to store petroleum
received for sale or use in this State;
(b) Contains fuel for jet or turbine-powered aircraft, or is above
ground and has a capacity of 30,000 gallons or less, unless in either
case the operator complies with subsection 2; or
(c) Is above ground and has a capacity of more than 30,000 gallons.
2. The operator of a tank exempted by paragraph (b) of subsection
1 may obtain the coverage provided by NRS 590.880 and 590.890
by applying to the Board, paying the fee set pursuant to NRS 590.850
for its registration, and, if the tank
is used to store fuel for jet or turbine-powered aircraft, reporting
monthly the number of gallons of fuel put into the tank and paying the
fee required by NRS 590.840 . Coverage
pursuant to this subsection begins 6 months after the tank is registered
and the required fee first paid.
(Added to NRS by 1989, 1687; A 1991, 341; 2005, 301 )
