CHAPTER 459 - HAZARDOUS MATERIALS

NAC 459.99923 “Recipient” defined. (NRS 459.892) “Recipient” means a person, including an eligible entity, who receives financial assistance from the Fund. (Added to NAC by Environmental Comm’n by R084-04, eff. 10-8-2004)

NAC 459.999235 “Site assessment” defined. (NRS 459.892) “Site assessment” means the collection and evaluation of data adequate to determine the presence or potential presence of a hazardous substance, pollutant or contaminant at a property. (Added to NAC by Environmental Comm’n b…

NAC 459.99924 Eligibility for loan: Ineligible persons. (NRS 459.892) A person is ineligible to receive a loan from the Fund with respect to a property if the person: 1. Is subject to a pending investigation or ongoing enforcement action of the Federal Government pursuant to the …

NAC 459.99925 Eligibility for loan: Requirements for site. (NRS 459.892) 1. Except as otherwise provided in this section, for an applicant to be eligible for a loan from the Fund with respect to a property, the property must contain the site of a release of a hazardous substance,…

NAC 459.99926 Application for loan: Submission; form and contents. (NRS 459.892) 1. A person may submit an application for a loan from the Fund at any time. The application must be submitted on a form prescribed by the Division. 2. An application for a loan from the Fund must inc…

NAC 459.99927 Application for loan: Additional requirements for certain applicants. (NRS 459.892) 1. If an applicant for a loan from the Fund is not the property owner of the brownfield site, the applicant must submit with the application a copy of a written option that entitles …

NAC 459.99928 Application for loan: Provision of collateral. (NRS 459.892) The Division may require an applicant for a loan from the Fund to provide collateral in an amount that is equal to the amount of the loan. The required collateral may include, without limitation, the grant…

NAC 459.99929 Duties of Division; eligibility of applicant for subgrant. (NRS 459.892) 1. In determining whether to make a subgrant, the Division shall consider the benefit of promoting the long-term availability of money from the Fund for remediation at brownfield sites. 2. An a…

NAC 459.9993 Application for subgrant: Submission; form and contents; consideration for approval. (NRS 459.892) 1. An eligible entity may submit an application for a subgrant from the Fund with respect to a property at any time. 2. The application must be submitted on a form pres…

NAC 459.99931 Duties of recipient upon completion of funded activities. (NRS 459.892) Upon completion of all funded activities with respect to which a subgrant has been made, the eligible entity that received the subgrant shall close out the account for the subgrant in the manner…

NAC 459.99932 Conditions for payment and repayment of financial assistance. (NRS 459.892) 1. As soon as an agreement for financial assistance between the Division and a recipient is signed and the money is available, the entire amount of the financial assistance will be paid to t…

NAC 459.99933 Use of money received as financial assistance. (NRS 459.892) 1. A recipient may not use money received as financial assistance for the payment of: (a) The application fee for the program for voluntary cleanup; (b) The recovery by the Division of costs incurred by th…

NAC 459.99934 Cleanup by recipient enrolled in program for voluntary cleanup. (NRS 459.892) 1. Any cleanup of a brownfield site financed with money from the Fund by a recipient who is enrolled in the program for voluntary cleanup must be done in compliance with NRS 459.610 to 459…

NAC 459.99935 Cleanup by recipient not enrolled in program for voluntary cleanup. (NRS 459.892) 1. Any cleanup of a brownfield site financed with money from the Fund by a recipient who is not enrolled in the program for voluntary cleanup must be done in compliance with NAC 445A.2…

NAC 459.99936 Certification of compliance with federal requirements; maintenance of records and accounts; audit of financial records. (NRS 459.892) 1. Before a contract for financial assistance is transmitted to a recipient for signature, the recipient must certify that it has co…

NAC 459.99937 Contracts for services. (NRS 459.892) Before a recipient may contract for services relating to a funded activity which involves money from the Fund, the recipient must submit to the Division, in the form prescribed by the Division, a request for approval of the cont…

NAC 459.99938 Compliance with certain labor laws; participation of disadvantaged businesses. (NRS 459.892) 1. A recipient shall comply with all applicable provisions of the Davis-Bacon Act, 40 U.S.C. §§ 3141 et seq., and NRS 338.010 to 338.090, inclusive. The Division shall revie…

NAC 459.999385 Division will provide financial assistance in accordance with statute and any federal grant; circumstances in which eligible entity may apply for financial assistance before acquisition of property. (NRS 459.892) 1. The Division will provide financial assistance to…

NAC 459.99939 Liability of certain bona fide prospective purchasers or innocent purchasers for response actions or cleanup of site. (NRS 459.892) 1. A person who, as a bona fide prospective purchaser or an innocent purchaser, is not liable for response actions or cleanup of a sit…

NAC 459.99951 Definitions. (NRS 459.485, 459.500) As used in NAC 459.99951 to 459.99972, inclusive, unless the context otherwise requires, the words and terms defined in NAC 459.99952 to 459.99955, inclusive, have the meanings ascribed to them in those sections. (Added to NAC by …

NAC 459.99952 “Administrator” defined. (NRS 459.485, 459.500) “Administrator” means the Administrator of the Division or his or her designee. (Added to NAC by Environmental Comm’n by R126-19, eff. 12-29-2020)

NAC 459.99953 “Certificate” defined. (NRS 459.485, 459.500) “Certificate” means a certificate issued pursuant to NAC 459.970 to 459.97295, inclusive. (Added to NAC by Environmental Comm’n by R126-19, eff. 12-29-2020)

NAC 459.99954 “Hearing officer” defined. (NRS 459.485, 459.500) “Hearing officer” means a person appointed by the Administrator to preside over and make recommendations to the Administrator concerning any disciplinary action initiated by the Division pursuant to NAC 459.99951 to …

NAC 459.99955 “Respondent” defined. (NRS 459.485, 459.500) “Respondent” means a person who has been sent a notice of hearing pursuant to NAC 459.99961. (Added to NAC by Environmental Comm’n by R126-19, eff. 12-29-2020)

NAC 459.99956 Grounds. (NRS 459.485, 459.500) In addition to any other grounds for disciplinary action provided by statute or regulation, the Division may take disciplinary action against a holder of a certificate if the holder has: 1. Engaged in fraud or deceit in obtaining or a…

NAC 459.99957 Authorized disciplinary actions by Division. (NRS 459.485, 459.500) 1. If the Division determines that a holder of a certificate has not performed in accordance with the standards set forth in NAC 459.9729 or has engaged in conduct described in NAC 459.99956, the Di…

NAC 459.99958 Notice of intent to take action; response; termination of action if satisfactory response provided; circumstances under which response may not be provided. (NRS 459.485, 459.500) 1. Except as otherwise provided in NAC 459.99959, if the Division has cause to believe …

NAC 459.99959 Immediate summary suspension of certificate. (NRS 459.485, 459.500) 1. The Division may suspend a certificate without complying with the requirements of NAC 459.99958 if the Division finds that, based upon the evidence in the possession of the Division, the public h…

NAC 459.9996 Appointment and duties of hearing officer; change of hearing officer for good cause shown. (NRS 459.485, 459.500) 1. Before sending a notice of hearing pursuant to NAC 459.99961, the Administrator shall appoint a hearing officer. The hearing officer: (a) Shall perfor…

NAC 459.99961 Notice of hearing; date of hearing. (NRS 459.485, 459.500) 1. The Division shall send a notice of hearing to the holder of the certificate if: (a) The holder does not provide a satisfactory response setting forth the reasons why the Division should not proceed with …

NAC 459.99962 Written notice of witnesses and exhibits; supplemental documents; exclusion. (NRS 459.485, 459.500) 1. Except as otherwise provided in subsection 2, not later than 5 days before the date of the hearing set forth in the notice of hearing sent pursuant to NAC 459.9996…

NAC 459.99963 Requirements for motions and responses; motion to declare certain testimony and documents confidential. (NRS 459.485, 459.500) 1. All motions, unless made during a hearing, must be: (a) Made in writing; (b) Served on all parties of record by mail as evidenced by a c…

NAC 459.99964 Order to file briefs. (NRS 459.485, 459.500) 1. A hearing officer may order the parties to file briefs with the hearing officer before a hearing. 2. Any brief filed with a hearing officer must be accompanied by a certificate of mailing for all parties of record. (Ad…

NAC 459.99965 Appearance at hearing; qualifications of attorney. (NRS 459.485, 459.500) 1. A party may appear in person at a hearing or may be represented by an attorney. 2. An attorney who represents a party at a hearing must be: (a) Admitted to practice and in good standing bef…

NAC 459.99966 Continuance or recess. (NRS 459.485, 459.500) A hearing officer may, in his or her discretion, either before or during a hearing, grant a continuance or recess. (Added to NAC by Environmental Comm’n by R126-19, eff. 12-29-2020)

NAC 459.99967 Failure to appear; hearing without participation of respondent. (NRS 459.485, 459.500) If: 1. A respondent fails to appear at a hearing; 2. The hearing officer has not granted a continuance; 3. The Division offers proof that the respondent was given proper notice of…

NAC 459.99968 Order of proceedings; preponderance of evidence; availability of electronic recording. (NRS 459.485, 459.500) 1. At a hearing conducted pursuant to NAC 459.99951 to 459.99972, inclusive: (a) The Division shall present witnesses and evidence first and the respondent …

NAC 459.99969 Written recommendations of hearing officer; duties of Administrator; final decision; appeal. (NRS 459.485, 459.500) 1. After the close of a hearing held pursuant to NAC 459.99968, the hearing officer shall prepare written recommendations on the issues presented at t…

NAC 459.9997 Appeal: Notice and service; response by Division. (NRS 233B.050, 459.485, 459.500) 1. A respondent may, within 10 business days after service of a decision issued by the Administrator pursuant to NAC 459.99969, file a notice of appeal with the Commission. 2. A notice…

NAC 459.99971 Appeal: Oral argument; written decision; final decision; judicial review. (NRS 459.485, 459.500) 1. Upon the filing of a response to the notice of appeal pursuant to NAC 459.9997 or the expiration of the time for filing such a response, the Executive Secretary of th…

NAC 459.99972 Effective date of suspension or revocation of certificate; duties of holder of certificate; continuation of activities until suspension or revocation effective. (NRS 459.485, 459.500) If a final order issued by the Administrator or the Commission temporarily suspend…

NAC 459.9998 Appeal of final decision of State Department of Conservation and Natural Resources. (NRS 233B.050, 459.485, 459.500) 1. Except for the appeal of decision in a disciplinary action initiated by the Division pursuant to NAC 459.99951 to 459.99972, inclusive, any person …