CHAPTER 444 - SANITATION

NAC 444.8614 “Very small quantity generator” defined. (NRS 459.485, 459.490) “Very small quantity generator” means a generator which generates less than or equal to the following amounts in a calendar month: 1. 100 kilograms (220 pounds) of non-acute hazardous waste; 2. 1 kilogra…

NAC 444.8616 “Written” defined. (NRS 459.485, 459.490) “Written” includes, without limitation, any form that results in a permanent record and is handwritten, typed, printed or electronically created. (Added to NAC by Environmental Comm’n by R084-19, eff. 8-26-2020)

NAC 444.8618 Information relating to procedure to obtain and application for EPA identification number. (NRS 459.485, 459.490) A generator, transporter or facility owner or operator who is required to obtain an EPA identification number pursuant to 40 C.F.R. §§ 262.12, 263.11, 26…

NAC 444.8632 Compliance with federal regulations adopted by reference; availability. (NRS 459.485, 459.490) 1. In addition to the requirements of NAC 444.850 to 444.8746, inclusive, a person who generates, transports, treats, stores, disposes or otherwise manages hazardous waste …

NAC 444.86325 Exceptions to and revision or replacement of federal regulations adopted by reference. (NRS 459.485, 459.490) 1. The following sections and parts of Title 40 of the Code of Federal Regulations, and any reference to those sections and parts, are not adopted by refere…

NAC 444.8633 Revision of and meanings ascribed to certain terms referred to in federal regulations adopted by reference. (NRS 459.485, 459.490) Except as otherwise provided in NAC 444.8634: 1. Any references in any part of Title 40 of the Code of Federal Regulations to the U.S. E…

NAC 444.8634 Meanings ascribed to certain terms referred to in federal regulations; payment and deposit of certain fees. (NRS 459.485, 459.490) 1. Any reference to the following terms in 40 C.F.R. Part 2, Subpart A, as adopted by reference in NAC 444.8632, shall be deemed to have…

NAC 444.8655 Acquisition and requirements of manifest. (NRS 459.485, 459.490) 1. Except as otherwise provided in 40 C.F.R. Part 262, Subpart B, as adopted by reference in NAC 444.8632, the generator shall include in the manifest the hazardous waste number assigned by the United S…

NAC 444.8666 Receipt of hazardous waste accompanied by manifest. (NRS 459.485, 459.490) If a facility receives hazardous waste accompanied by a manifest, the owner or operator, or his or her agent, shall comply with the requirements for manifests set forth in 40 C.F.R. Part 264, …

NAC 444.8671 Labeling of containers of hazardous waste accumulated or stored on-site. (NRS 459.485, 459.490) A generator who accumulates or stores hazardous waste on-site shall, in addition to complying with the requirements for labeling set forth in 40 C.F.R. Part 262, as adopte…

NAC 444.8677 Written record of inspections by certain generators of hazardous waste; contents and maintenance of records. (NRS 459.485, 459.490, 459.550) A generator who generates more than 100 kilograms of hazardous waste in a calendar month and accumulates hazardous waste on-si…

NAC 444.8681 Mixing of used oil with hazardous waste or products prohibited; exceptions; contents and maintenance of records by very small quantity generators. (NRS 459.485, 459.490, 459.550) 1. The mixing of used oil with hazardous wastes is prohibited except for the following: …

NAC 444.8682 Requirements for managing and disposing of mixtures of used oil and hazardous wastes or other products. (NRS 459.485, 459.490) 1. Mixtures of used oil with hazardous wastes that are exempted pursuant to subsection 1 of NAC 444.8681 that are being recycled or burned f…

NAC 444.8683 Regulation of mixtures of used oil with wastes determined not to be hazardous; maintenance of documentation must be on-site and available for inspection. (NRS 459.485, 459.490) Mixtures of used oil with wastes that are determined not to be hazardous are subject to re…

NAC 444.8686 Open burning of hazardous waste. (NRS 459.485, 459.490) An operator shall not openly burn hazardous waste except for the open burning and detonation of waste explosives. For the purposes of this section, waste explosives include waste which has the potential to deton…

NAC 444.8688 Transfer of hazardous waste from transport vehicle to boiler or industrial furnace; permit for storage of hazardous waste required. (NRS 459.485, 459.490) 1. A person shall not transfer hazardous waste from a transport vehicle directly to a boiler or industrial furna…

NAC 444.8701 Definitions. (NRS 459.485, 459.500) As used in NAC 444.8701 to 444.8746, inclusive: 1. “Administrator” means the Administrator of the Division. 2. “Hearing officer” means the Administrator or any person designated by him or her to conduct a hearing relating to a cita…

NAC 444.8706 Imposition and amounts. (NRS 459.485, 459.490, 459.500) 1. In addition to any other remedy provided by law for such a violation and except as otherwise provided in subsection 2, any person who violates any provision of NRS 459.400 to 459.600, inclusive, or any regula…

NAC 444.8711 Issuance and contents of citations. (NRS 459.485, 459.500) 1. Any authorized representative or employee of the Division who has probable cause to believe that a violation described in NAC 444.8706 has occurred may issue a citation to the generator or other person res…

NAC 444.8716 Requests for forfeiture or hearing; scheduling and notice of hearing. (NRS 459.485, 459.500) 1. A person who receives a citation pursuant to NAC 444.8711 and does not desire to contest the matter must, within 30 days after the date of the citation, sign a request for…

NAC 444.8721 Failure to request forfeiture or hearing or to appear at hearing. (NRS 459.485, 459.500) If a person cited pursuant to NAC 444.8711 fails to deliver a request for forfeiture or a request for hearing within the time required by NAC 444.8716, or fails to appear at a sc…

NAC 444.8726 Continuance of hearing. (NRS 459.485, 459.500) 1. If a request for hearing is made and granted pursuant to NAC 444.8716, the person cited may request a continuance of the hearing by delivering a written request to the hearing officer. The request may be granted or de…

NAC 444.8731 Inspection and copying of documents Division intends to use at hearing. (NRS 459.485, 459.500) If a request for hearing is granted, the person cited is entitled before the hearing to inspect and copy any document that the Division intends to present to the hearing of…

NAC 444.8736 Rendering of decision by hearing officer. (NRS 459.485, 459.500) Within 30 days after the end of a hearing, the hearing officer shall prepare and file a decision in writing. The decision must include a statement of the reasons for the conclusion reached by the hearin…

NAC 444.8741 Address for delivery of documents. (NRS 459.485, 459.500) Any delivery required by NAC 444.8701 to 444.8746, inclusive, to be made to: 1. The Division must be made to the office of the Division at Bryan State Office Building, 901 South Stewart Street, Carson City, Ne…

NAC 444.8746 Methods of payment. (NRS 459.485, 459.500) Payment of an administrative penalty imposed pursuant to NAC 444.8706 must be made by money order, bank draft or check payable to the State of Nevada. (Added to NAC by Environmental Comm’n, 9-19-90, eff. 12-1-90) RECYCLING O…

NAC 444.8801 Definitions. As used in NAC 444.8801 to 444.9071, inclusive, unless the context otherwise requires, the words and terms defined in NAC 444.8806 to 444.8866, inclusive, have the meanings ascribed to them in those sections. (Supplied in codification)

NAC 444.8806 “Administrator” defined. (NRS 459.485) “Administrator” means the Administrator of the Division. (Added to NAC by Environmental Comm’n, eff. 10-3-96)

NAC 444.8811 “Center for the collection of used antifreeze” defined. (NRS 459.485) “Center for the collection of used antifreeze” means any facility that accepts, aggregates or stores used antifreeze which is collected from: 1. Generators of used antifreeze that are governed by t…

NAC 444.8816 “Commission” defined. (NRS 459.485) “Commission” means the State Environmental Commission. (Added to NAC by Environmental Comm’n, eff. 10-3-96)

NAC 444.8821 “Division” defined. (NRS 459.485) “Division” means the Division of Environmental Protection of the State Department of Conservation and Natural Resources. (Added to NAC by Environmental Comm’n, eff. 10-3-96)

NAC 444.8826 “Facility for the recycling of used antifreeze” defined. (NRS 459.485) 1. “Facility for the recycling of used antifreeze” means a facility that receives used antifreeze from another site, performs recycling of the used antifreeze and is permanently stationed at a sin…

NAC 444.8831 “Facility for the transfer of used antifreeze” defined. (NRS 459.485) 1. “Facility for the transfer of used antifreeze” means a facility where shipments of used antifreeze are transported to and stored for more than 24 hours but not more than 35 days. 2. The term inc…

NAC 444.8836 “Generator of used antifreeze” defined. (NRS 459.485) “Generator of used antifreeze” means a person or facility that performs an act or conducts a process which produces used antifreeze. (Added to NAC by Environmental Comm’n, eff. 10-3-96)

NAC 444.8841 “Hazardous waste” defined. (NRS 459.485, 459.490) 1. “Hazardous waste” has the meaning ascribed to it in NRS 459.430. 2. The term includes any: (a) Hazardous waste or constituent of hazardous waste which is subject to regulation under 40 C.F.R. Part 261, as adopted b…

NAC 444.8846 “Identification number” defined. (NRS 459.485) “Identification number” means an identification number issued by the Environmental Protection Agency or by an agency of a state authorized by the Environmental Protection Agency to issue such numbers. (Added to NAC by En…

NAC 444.8851 “Mobile unit for the recycling of used antifreeze” defined. (NRS 459.485) “Mobile unit for the recycling of used antifreeze” means any transportable equipment which is used to perform recycling of used antifreeze and is not permanently stationed to a single facility.…

NAC 444.8856 “Point for aggregation” defined. (NRS 459.485) “Point for aggregation” means a facility that accepts, aggregates or stores used antifreeze which is collected from: 1. Another site where used antifreeze is generated which is owned or operated by the owner or operator …

NAC 444.8861 “Transporter of used antifreeze” defined. (NRS 459.485) “Transporter of used antifreeze” means a person who: 1. Transports used antifreeze; 2. Collects used antifreeze from more than one generator of used antifreeze and transports the used antifreeze; or 3. Owns or o…

NAC 444.8866 “Used antifreeze” defined. (NRS 459.485) “Used antifreeze” means ethylene glycol or propylene glycol that has been used and as a result of such use is contaminated by physical or chemical impurities. (Added to NAC by Environmental Comm’n, eff. 10-3-96)

NAC 444.8871 Applicability. (NRS 459.485, 459.490) 1. The provisions of NAC 444.8801 to 444.9071, inclusive, apply to used antifreeze that is recycled and is determined to be a hazardous waste because: (a) It exhibits a characteristic of hazardous waste which is identified in 40 …

NAC 444.8876 Containers and tanks for storage of used antifreeze: General requirements. (NRS 459.485) Each container and storage tank that is above the ground which stores used antifreeze must be: 1. In good condition, including, without limitation, being free from severe rusting…

NAC 444.8881 Underground storage tanks: Compliance with federal regulations; identification of pipes. (NRS 459.485, 459.490) 1. Each storage tank that is underground which stores used antifreeze must comply with the requirements of 40 C.F.R. Part 265, Subpart J, as adopted by ref…

NAC 444.8886 Container: Secondary system for containment. (NRS 459.485) Each container which stores used antifreeze at a facility for the transfer of used antifreeze or a facility for the recycling of used antifreeze must have a secondary system for containment which: 1. Includes…

NAC 444.8891 Above-ground storage tank: Secondary system for containment. (NRS 459.485) 1. Each storage tank that is above the ground which stores used antifreeze at a facility for the transfer of used antifreeze or a facility for the recycling of used antifreeze must have a seco…

NAC 444.8896 Required action upon release of used antifreeze. (NRS 459.485) If used antifreeze which is not governed by the requirements of 40 C.F.R. Part 280, Subpart F, is released into the environment, a person, center or facility that is governed by the provisions of NAC 444.…

NAC 444.8901 Required report of release of used antifreeze. (NRS 459.485, 459.550) In addition to the requirements of NAC 444.8896, a person, center, point for aggregation or facility that is governed by the provisions of NAC 444.8911 to 444.8931, inclusive, 444.8936 to 444.8986,…