NevadaAB4083rd Regular Session (2025)House

AN ACT relating to environmental hazards; authorizing the Division of Environmental Protection of the State Department of Conservation and Natural Resources to issue an order for certain violations relating to mining reclamation; providing the Division, solid waste management authority and Department with a lien on certain property under certain circumstances; revising provisions governing mining reclamation to include the stabilization of process fluids; revising certain requirements for a permit to engage in a mining operation or exploration project; authorizing the State Environmental Commission to adopt regulations relating to solid waste management facilities; requiring the Commission to adopt regulations relating to the requirements for the owner or operator of a municipal solid waste landfill or solid waste management facility to provide certain evidence of financial responsibility; requiring a permit to construct or operate a solid waste management facility; making requirements for disposal sites applicable to solid waste management facilities; prohibiting a municipal solid waste landfill from accepting certain types of hazardous waste; revising provisions relating to the management of hazardous waste; revising requirements governing a permit to operate a facility for the management of hazardous waste; revising requirements relating to evidence of financial responsibility provided by an owner or operator of certain facilities for the management of hazardous waste; revising certain prohibitions relating to hazardous waste; providing penalties; and providing other matters properly relating thereto.

Sponsored By: Assembly Committee on Natural Resources

Signed by Governor

BDR 46-265

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Bill Overview

Analyzed Economic Effects

11 provisions identified: 0 benefits, 4 costs, 7 mixed.

Financial proof and liens for hazardous sites

Owners and operators of hazardous‑waste facilities must show financial responsibility. This can include liability insurance and other security in amounts the state sets, but not above federal RCRA limits. If the Department pays to fix an imminent hazard or you lack required security, the state can place a lien on your real and personal property. The state must send notice, file the lien, and release it within 30 days after you pay. If you do not promptly clean up a dangerous hazardous‑waste spill, the state can respond using its hazardous‑waste account and will demand repayment within 60 days; the Attorney General can sue if you do not pay.

Financial proof required for landfills

Owners or operators of municipal landfills and certain designated waste facilities must show financial responsibility. You may need liability insurance and other security to cover closure or abandonment, in amounts the state sets. These requirements follow federal RCRA limits.

Permits and transport rules for hazardous waste

You must have a state permit to build, substantially change, or run a hazardous‑waste facility when the rules require it. The Commission sets which facilities need permits and how permits are issued, renewed, changed, or revoked. Your application must show any required local approval. You cannot haul hazardous waste without a proper manifest, or ship it in a way that differs from the manifest, or deliver it to a facility the state has not authorized to accept it.

Liens and insurance rules for waste operators

The Division or local waste authority can lien an owner’s real and personal property to recover cleanup costs or security shortfalls. State financial responsibility rules cannot exceed federal RCRA levels. If an owner is bankrupt, cannot pay a judgment, or cannot be sued, claims may go directly to the insurer, guarantor, or surety.

Stricter permits and oversight for waste facilities

You must have a permit to build or run a solid waste facility, including a landfill. State rules set statewide standards and can label risky places as regulated facilities. Local boards may set stricter rules and issue permits if they do not conflict with state rules. Landfill permits must meet federal Subtitle D, include closure and financial responsibility, and application documents are public. The state can take over if a local program is inadequate. Authorities can inspect sites and records during normal hours, and must run a program to verify landfill data, accept public information, and let people join cases. They can order fixes or go to court to stop threats. Municipal landfills cannot accept hazardous waste from very small quantity generators.

Stronger mine cleanup and pit-lake access

Mines must plan and pay to stabilize process fluids as part of reclamation. Permit applications must include a manual for the fluid system. You cannot change an approved reclamation plan without the Division’s written okay, unless it’s an emergency. If reclaiming an open pit or rock face is not feasible, the Division may allow an exception but must require safety measures. For pit lakes over 200 acres, plans must, if feasible, give one public nonmotorized access point when the lake is about 90% full, after consulting landowners and the operator. Owners and operators who allow this access get limited liability for hazards on the access area.

Tougher mine enforcement and financial backstops

The Division can issue an immediate order and suspend a permit when an imminent danger exists, with a hearing in 10 business days and a decision in 5. The Division can enter a site to stabilize dangerous fluids and can lien the owner’s property to recover those costs or bond shortfalls; the Attorney General can foreclose. Surety options now include accounts, trust funds, letters of credit, and insurance. Violations can bring misdemeanor charges and civil fines; the Division can seek court orders. Civil penalty money and interest go to the Division’s account. A federal plan and surety can replace state bonding on federal land if consistent, but state permits and state fees are still required.

Hazardous substance rules cover small counties

The old exemption for counties under 55,000 people is removed. State hazardous‑substance rules under NRS 459.560 and 459.565 now apply statewide. Mining and farming activities remain exempt. Sites with no more than 1,000 kg of any one hazardous substance at any time also remain exempt.

Rules for RV and auto-waste disposal

A municipal landfill must accept a recreational vehicle for disposal if you show title and pay the fee, and if the landfill can legally take it. The State can set fees for solid waste disposal and permits. Willfully dumping a car battery, tire, or motor oil where not allowed is a misdemeanor with a fine of at least $100 per violation. The State creates a plan and permits sites so people can lawfully drop off used car batteries, tires, and motor oil.

Reporting rules and recycling help for hazardous waste

If you manage hazardous waste, you must keep records and file reports as the Commission’s rules require. The rules cover monitoring, sampling, and reporting. The state also runs a program to help generators cut and recycle hazardous waste. You may be able to get grants or other financial incentives.

Hazardous waste definitions and inspections updated

The law clarifies hazardous-waste terms, including that recycling recovers materials and does not include treatment or disposal. It defines management, manifest, storage, and treatment to cover the full life cycle. State staff can enter places, vehicles, and containers to sample and copy records needed to enforce the rules. If an owner is bankrupt, cannot pay, or cannot be sued, people may sue the insurer or surety directly.

Sponsors & Cosponsors

Sponsor

  • Assembly Committee on Natural Resources

    Affiliation unavailable

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 61 • No: 2

Senate vote • 5/22/2025

Final Passage - Senate (2nd Reprint)

Yes: 20 • No: 1

House vote • 4/22/2025

Final Passage - Assembly (1st Reprint)

Yes: 41 • No: 1

Actions Timeline

  1. Chapter 220.

    6/3/2025legislature
  2. Approved by the Governor.

    6/3/2025legislature
  3. Enrolled and delivered to Governor.

    5/29/2025legislature
  4. Senate Amendment No. 630 concurred in. To enrollment.

    5/26/2025House
  5. In Assembly.

    5/23/2025House
  6. Read third time. Passed, as amended. Title approved. (Yeas: 20, Nays: 1.) To Assembly.

    5/22/2025Senate
  7. From printer. To re-engrossment. Re-engrossed. Second reprint.

    5/22/2025Senate
  8. Read second time. Amended. (Amend. No. 630.) To printer.

    5/20/2025Senate
  9. Placed on Second Reading File.

    5/20/2025Senate
  10. From committee: Amend, and do pass as amended.

    5/20/2025Senate
  11. Read first time. Referred to Committee on Natural Resources. To committee.

    4/28/2025Senate
  12. In Senate.

    4/24/2025Senate
  13. To Senate.

    4/24/2025House
  14. From printer. To engrossment. Engrossed. First reprint.

    4/24/2025House
  15. To printer.

    4/22/2025House
  16. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 41, Nays: 1.)

    4/22/2025House
  17. Taken from General File. Placed on General File for next legislative day.

    4/21/2025House
  18. Dispensed with reprinting.

    4/18/2025House
  19. Read second time. Amended. (Amend. No. 50.)

    4/18/2025House
  20. Placed on Second Reading File.

    4/18/2025House
  21. From committee: Amend, and do pass as amended.

    4/18/2025House
  22. Read first time. To committee.

    2/4/2025House
  23. From printer.

    11/22/2024House
  24. Prefiled. Referred to Committee on Natural Resources. To printer.

    11/19/2024House

Bill Text

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