CHAPTER 459 - HAZARDOUS MATERIALS

NAC 459.940 Fees. (NRS 459.201, 459.211) 1. A person who holds a license to use the state-owned disposal area may be assessed a fee on a prorated basis for the remaining effective period of a license. 2. The Division may suspend or revoke the license of the person who operates th…

NAC 459.943 Burial at state-owned disposal area; restrictions. (NRS 459.201) An operator of a disposal area shall bury at the state-owned disposal area not more than 200,000 cubic feet of waste in any year and not more than a total of 1,400,000 cubic feet of waste during the 7-ye…

NAC 459.945 Surcharge for waste generated in state not party to compact. (NRS 459.201, 459.211) 1. Any person who ships waste generated in a state not a party to the Rocky Mountain Low-Level Radioactive Waste Compact to the state-owned disposal area shall pay to the Division a su…

NAC 459.947 Periodic determination of whether disposal charges are reasonable. (NRS 459.201, 459.211) 1. The Division will, at least once every 2 years during the first calendar quarter of each even-numbered year, compare the disposal charges for the burial of waste at all existi…

NAC 459.948 Determination of whether proposed increase in disposal charges is reasonable. (NRS 459.201, 459.211) 1. The operator of the state-owned disposal area shall submit to the Division, in writing, any proposed increase in disposal charges at least 45 days before the propos…

NAC 459.949 Administrative fine for failure to comply with regulation or statute governing hazardous materials; procedure for imposition of fine; recovery of actual damages; reduction of fine. (NRS 459.201) 1. If an inspection, evaluation or investigation reveals that a person is…

NAC 459.950 Administrative penalty for failure to comply with agreement, license, regulation or statute governing operation of state-owned area for disposal of waste. (NRS 459.201) 1. The administrative penalties in subsection 3 of NRS 459.221 are in addition to suspension of a p…

NAC 459.952 Definitions. (NRS 459.3818) As used in NAC 459.952 to 459.95528, inclusive, unless the context otherwise requires, the words and terms defined in NAC 459.95211 to 459.95312, inclusive, have the meanings ascribed to them in those sections. (Added to NAC by Div. of Envi…

NAC 459.95211 “Accidental release” defined. (NRS 459.3818) 1. “Accidental release” means: (a) An unintentional discharge from a process of any amount of a highly hazardous substance into the air, water or land, including, without limitation, any unintentional discharges within a …

NAC 459.95213 “Active mitigation” defined. (NRS 459.3818) “Active mitigation” means equipment, devices or technologies that work with human, mechanical or other sources of energy, and function to contain or minimize the consequences of an accidental release. (Added to NAC by Envi…

NAC 459.95215 “Administrative controls” defined. (NRS 459.3818) “Administrative controls” means written procedural mechanisms that are used to control a hazard. (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99)

NAC 459.95225 “C.A.P.P.” defined. (NRS 459.3818) “C.A.P.P.” means the Chemical Accident Prevention Program for the State of Nevada and encompasses the provisions of NRS 459.380 to 459.3874, inclusive, and NAC 459.952 to 459.95528, inclusive. (Added to NAC by Environmental Comm’n …

NAC 459.9523 “C.A.S.” defined. (NRS 459.3818) “C.A.S.” means the Chemical Abstracts Service. (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99)

NAC 459.95235 “Catastrophic release” defined. (NRS 459.3818) “Catastrophic release” means an uncontrolled emission, fire or explosion involving one or more highly hazardous substances or explosives that presents imminent and substantial endangerment to the health of the employees…

NAC 459.95237 “Director” defined. (NRS 459.3818) “Director” means the Director of the State Department of Conservation and Natural Resources. (Added to NAC by Environmental Comm’n by R103-22, eff. 12-29-2022)

NAC 459.9524 “Division” defined. (NRS 459.3818) “Division” means the Division of Environmental Protection of the State Department of Conservation and Natural Resources. (Added to NAC by Div. of Environmental Protec., eff. 7-10-92)

NAC 459.95242 “Emergency response program” defined. (NRS 459.3818) “Emergency response program” means the procedures and practices that are developed and implemented pursuant to NAC 459.9544 and 459.95442. (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99; A by R041-…

NAC 459.95244 “Endpoint” defined. (NRS 459.3818) “Endpoint” means the toxic concentration, ambient overpressure, radiant heat level or lowest flammable gas concentration achieved at the outer geographical boundary of the off-site consequence analysis. (Added to NAC by Environment…

NAC 459.95246 “Environmental receptor” defined. (NRS 459.3818) “Environmental receptor” means: 1. A national or state park, forest or monument; 2. An officially designated wildlife sanctuary, preserve, refuge or area; or 3. A federal wilderness area, Ê which can be identified on …

NAC 459.952465 “Explosive” defined. (NRS 459.3818) “Explosive” means a chemical classified as an explosive pursuant to subsections 2 and 3 of NAC 459.9533. (Added to NAC by Environmental Comm’n by R137-04, eff. 2-15-2005)

NAC 459.95247 “Explosives manufacturing operation” defined. (NRS 459.3818) “Explosives manufacturing operation” means a process that involves the manufacture of explosives for sale even if highly hazardous substances are also used in the explosives manufacturing operation. The te…

NAC 459.95248 “Facility” defined. (NRS 459.3818) “Facility” has the meaning ascribed to it in NRS 459.38075. (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99; A by R137-04, 2-15-2005)

NAC 459.9525 “Field gas” defined. (NRS 459.3818) “Field gas” means gas that is extracted from a production well before the gas enters a natural gas processing plant. (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99)

NAC 459.95251 “First responding fire station” defined. (NRS 459.3818) “First responding fire station” means the local fire department station that typically responds to emergency calls from a facility and is usually the station that is first on the scene during an emergency. (Add…

NAC 459.95252 “Hazard assessment” defined. (NRS 459.3818) “Hazard assessment” means an evaluation of the potential on-site and off-site consequences of an accidental release that an owner or operator develops pursuant to NAC 459.95364 to 459.95376, inclusive. (Added to NAC by Env…

NAC 459.95253 “Hazardous materials response station” defined. (NRS 459.3818) “Hazardous materials response station” means a local fire department station that is equipped and trained to provide a hazardous materials response to a facility in accordance with 29 C.F.R. § 1910.120(q…

NAC 459.95255 “Highly hazardous substance” defined. (NRS 459.3818) “Highly hazardous substance” means a chemical listed in subsection 1 of NAC 459.9533, regardless of the amount or quantity of the chemical present. (Added to NAC by Environmental Comm’n by R137-04, eff. 2-15-2005)

NAC 459.95256 “Hot work” defined. (NRS 459.3818) “Hot work” means work involving electric or gas welding, cutting, brazing, or similar flame-producing or spark-producing operations. (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99)

NAC 459.95259 “Local building official” defined. (NRS 459.3818) “Local building official” means the governmental entity charged with the administration and enforcement of local building codes. (Added to NAC by Environmental Comm’n by R041-01, eff. 10-25-2001)

NAC 459.95263 “Medical treatment” defined. (NRS 459.3818) “Medical treatment” means treatment, other than first aid, that is administered by a physician or other personnel pursuant to standing orders from a physician. (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99…

NAC 459.95265 “Mitigation” and “mitigation system” defined. (NRS 459.3818) “Mitigation” or “mitigation system” means activities, technologies or equipment specifically designed or deployed to: 1. Capture or control a substance upon loss of containment in order to minimize exposur…

NAC 459.95267 “N.A.I.C.S.” defined. (NRS 459.3818) “N.A.I.C.S.” means the North American Industry Classification System. (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99)

NAC 459.95269 “Natural gas processing plant” defined. (NRS 459.3818) “Natural gas processing plant” means a processing site that: 1. Is engaged in: (a) The extraction of natural gas liquids from field gas; (b) The fractionation of mixed natural gas liquids to natural gas products…

NAC 459.952695 “New process” defined. (NRS 459.3818) “New process” means a process that has been, or will be, installed at a facility and will be in operation for the first time at that location. The term includes, without limitation, a new explosives manufacturing operation. (Ad…

NAC 459.95271 “N.F.P.A.” defined. (NRS 459.3818) “N.F.P.A.” means the National Fire Protection Association. (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99)

NAC 459.95273 “Off-site” defined. (NRS 459.3818) “Off-site” means an area: 1. Beyond the property boundary of the facility; and 2. Within the property boundary to which the public has routine and unrestricted access during or outside business hours. (Added to NAC by Environmental…

NAC 459.95275 “Owner or operator” defined. (NRS 459.3818) “Owner or operator” means any natural person, business or social organization or other legal entity, including, without limitation, a corporation, partnership, association, trust or unincorporated organization, who owns, l…

NAC 459.95277 “Passive mitigation” defined. (NRS 459.3818) “Passive mitigation” means equipment, devices or technologies that work without human, mechanical or other sources of energy, and function to contain or minimize the consequences of an accidental release. (Added to NAC by…

NAC 459.95279 “Prevention program” defined. (NRS 459.3818) “Prevention program” means procedures and practices that are developed and implemented pursuant to NAC 459.95412 to 459.95435, inclusive. (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99; A by R041-01, 10-25…

NAC 459.95281 “Process” defined. (NRS 459.3818) “Process” means: 1. Any activity that involves a highly hazardous substance or an explosive, including, without limitation, the use, storage, manufacturing, handling or on-site movement, or any combination thereof, of such a substan…

NAC 459.95283 “Process hazard analysis” defined. (NRS 459.3818) “Process hazard analysis” means the analysis performed pursuant to NAC 459.95414. (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99)

NAC 459.95285 “Produced water” defined. (NRS 459.3818) “Produced water” means water that is: 1. Extracted from the earth from an oil or natural gas production well; or 2. Separated from oil or natural gas after extraction. (Added to NAC by Environmental Comm’n by R121-98, eff. 5-…

NAC 459.95289 “Public” defined. (NRS 459.3818) “Public” means one or more natural persons other than employees or contractors of a facility. (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99)

NAC 459.95291 “Public receptor” defined. (NRS 459.3818) “Public receptor” means an off-site: 1. Residence; 2. Institution such as a school or hospital; 3. Industrial, commercial or office building; or 4. Park or recreational area, Ê that is inhabited or occupied by the public wit…

NAC 459.95292 “Replacement in kind” defined. (NRS 459.3818) “Replacement in kind” means a replacement of equipment, instruments, procedures, raw material and processing conditions that satisfy the design specifications. (Added to NAC by Environmental Comm’n by R137-04, eff. 2-15-…

NAC 459.95297 “Threshold quantity” defined. (NRS 459.3818) “Threshold quantity” means the quantity of highly hazardous substance specified in subsection 1 of NAC 459.9533. (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99; A by R137-04, 2-15-2005)

NAC 459.95312 “Vessel” defined. (NRS 459.3818) “Vessel” has the meaning ascribed to it in NRS 459.38125. (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99; A by R137-04, 2-15-2005) Applicability of Program