CHAPTER 459 - HAZARDOUS MATERIALS

NAC 459.96976 Reapplication after denial of application or revocation of certification. (NRS 459.485, 459.500) If the Division denies an application for certification submitted by a laboratory or revokes the certification of a certified laboratory, the laboratory may, after the p…

NAC 459.96978 Renewal of certification. (NRS 459.485, 459.500) 1. The Division may renew the certificate of a certified laboratory if: (a) The laboratory pays the applicable fee to renew the certificate; (b) The laboratory submits a statement on a form approved by the Division in…

NAC 459.9698 Display of certificate; conditions for surrender of certificate; issuance of document. (NRS 459.485, 459.500) 1. The director of the laboratory shall display the certificate issued by the Division in a conspicuous place in the laboratory to which the members of the g…

NAC 459.96982 Notification of Division of certain changes concerning certified laboratory. (NRS 459.485, 459.500) If, as determined by the Division, a change concerning a certified laboratory occurs that substantially affects the ability of the laboratory to perform any analysis …

NAC 459.96984 Contractual agreements, records and reports. (NRS 459.485, 459.500) 1. A certified laboratory shall ensure that each analysis it performs complies with the provisions of Appendix D of chapter 5 of the Standards. 2. A certified laboratory shall maintain any document …

NAC 459.96986 Fees for certification. (NRS 459.485, 459.500) 1. Except as otherwise provided in subsection 4, a laboratory must submit an annual fee of $700 with each application for certification. 2. Except as otherwise provided in subsection 4, in addition to the fee required p…

NAC 459.96988 Acceptance of analyses conducted by laboratory located outside State. (NRS 459.485, 459.500) The Division shall accept data relating to the analysis of contaminants regulated pursuant to NRS 459.400 to 459.600, inclusive, 459.610 to 459.658, inclusive, and 459.800 t…

NAC 459.9699 Review by Commission of publications adopted by reference. (NRS 459.485, 459.500) If any publication adopted by reference pursuant to the provisions of NAC 459.96902 to 459.9699, inclusive, is revised, the Commission may review the revision to determine its suitabili…

NAC 459.970 Definitions. (NRS 459.485, 459.500) As used in NAC 459.970 to 459.97295, inclusive, unless the context otherwise requires, the words and terms defined in NAC 459.97002 to 459.9716, inclusive, have the meanings ascribed to them in those sections. (Added to NAC by Envir…

NAC 459.97002 “Class A operator” defined. (NRS 459.500, 459.826) “Class A operator” means an operator described in 40 C.F.R. § 280.242(a), as that section existed on November 2, 2016. (Added to NAC by Environmental Comm’n by R123-16, eff. 11-2-2016)

NAC 459.97004 “Class B operator” defined. (NRS 459.500, 459.826) “Class B operator” means an operator described in 40 C.F.R. § 280.242(b), as that section existed on November 2, 2016. (Added to NAC by Environmental Comm’n by R123-16, eff. 11-2-2016)

NAC 459.97006 “Class C operator” defined. (NRS 459.500, 459.826) “Class C operator” means an operator described in 40 C.F.R. § 280.242(c), as that section existed on November 2, 2016. (Added to NAC by Environmental Comm’n by R123-16, eff. 11-2-2016)

NAC 459.9701 “Consultant” defined. (NRS 459.485, 459.500) “Consultant” means a person who provides information, opinion or advice for a fee or in conjunction with other services for which a fee is charged. (Added to NAC by Environmental Comm’n, eff. 3-6-91)

NAC 459.9702 “Division” defined. (NRS 459.485, 459.500) “Division” means the Division of Environmental Protection of the State Department of Conservation and Natural Resources. (Added to NAC by Environmental Comm’n, eff. 3-6-91)

NAC 459.9703 “Employee” defined. (NRS 459.485, 459.500) “Employee” includes: 1. Any officer of a corporation; 2. Any natural person whose activities are subject to a right of control by the person paying for his or her services; and 3. Any other natural person who would be consid…

NAC 459.9704 “Environmental manager” defined. (NRS 459.485, 459.500) “Environmental manager” means a natural person who is certified by the Division pursuant to NAC 459.972 to act as a consultant relating to: 1. The management of hazardous waste; 2. The investigation of a site to…

NAC 459.9705 “Handler of underground storage tanks” defined. (NRS 459.485, 459.500) “Handler of underground storage tanks” means a natural person who is certified by the Division pursuant to NAC 459.9722 to install, repair, upgrade or close underground storage tanks pursuant to 4…

NAC 459.9706 “Hazardous material” defined. (NRS 459.485, 459.500) “Hazardous material” has the meaning ascribed to it in NRS 459.428. (Added to NAC by Environmental Comm’n, eff. 3-6-91)

NAC 459.9707 “Hazardous substance” defined. (NRS 459.485, 459.500) “Hazardous substance” means: 1. Any hazardous material; 2. Any hazardous waste; or 3. Any regulated substance. (Added to NAC by Environmental Comm’n, eff. 3-6-91)

NAC 459.9708 “Hazardous waste” defined. (NRS 459.485, 459.500) “Hazardous waste” has the meaning ascribed to it in NRS 459.430 and NAC 444.843. (Added to NAC by Environmental Comm’n, eff. 3-6-91)

NAC 459.9709 “Management of hazardous waste” defined. (NRS 459.485, 459.500) “Management of hazardous waste” means services relating to the identification, sampling, handling, packaging, storage, labeling, treatment, reduction, recycling, permitting, recordkeeping, manifesting, t…

NAC 459.971 “Person” defined. (NRS 459.485, 459.500) “Person” has the meaning ascribed to it in NRS 0.039. (Added to NAC by Environmental Comm’n, eff. 3-6-91)

NAC 459.97102 “Provider of an approved underground storage tank training program” defined. (NRS 459.500, 459.826) “Provider of an approved underground storage tank training program” means a natural person who is certified by the Division pursuant to NAC 459.97232 and who provides…

NAC 459.9711 “Regulated substance” defined. (NRS 459.485, 459.500) “Regulated substance” has the meaning ascribed to it in NRS 459.448. (Added to NAC by Environmental Comm’n, eff. 3-6-91)

NAC 459.9712 “Release of a hazardous substance” defined. (NRS 459.485, 459.500) “Release of a hazardous substance” means the discharge, deposit, injection, dumping, spilling, emitting, leaking, escaping, leaching, pumping, pouring, emptying, disposing or placing of a hazardous su…

NAC 459.9713 “Response” defined. (NRS 459.485, 459.500) “Response” means the provision of remedial services to protect the public health, safety, welfare or environment from a release of a hazardous substance, including, but not limited to, the digging, cleanup, removal, abatemen…

NAC 459.9715 “Tester of underground storage tanks” defined. (NRS 459.485, 459.500) “Tester of underground storage tanks” means a natural person who is certified by the Division pursuant to NAC 459.9723 to test the tightness of underground storage tanks pursuant to 40 C.F.R. Secti…

NAC 459.9716 “Underground storage tank” defined. (NRS 459.485, 459.500) “Underground storage tank” has the meaning ascribed to it in 40 C.F.R. Section 280.12, as that section existed on June 12, 1990. (Added to NAC by Environmental Comm’n, eff. 3-6-91)

NAC 459.9717 Intent of provisions. (NRS 459.485, 459.500) The intent of NAC 459.970 to 459.97295, inclusive, is to carry out the provisions of NRS 459.500 to protect persons who employ consultants concerning hazardous materials and wastes. (Added to NAC by Environmental Comm’n, e…

NAC 459.9718 Applicability of provisions. (NRS 459.485, 459.500) The provisions of NAC 459.970 to 459.97295, inclusive, other than the provisions which impose requirements on providers of approved underground storage tank training programs, do not apply to: 1. Services provided b…

NAC 459.9719 Services for which certification is required. (NRS 459.485, 459.500) 1. A person shall not provide services as: (a) An environmental manager; (b) A handler of underground storage tanks; (c) A tester of underground storage tanks; or (d) A provider of an approved under…

NAC 459.972 Certification as environmental manager. (NRS 459.485, 459.500) An applicant for certification as an environmental manager must: 1. Be of good character and reputation as determined by the Division upon review of the applicant’s references, record of violations of envi…

NAC 459.9722 Certification as handler of underground storage tanks. (NRS 459.485, 459.500) An applicant for certification as a handler of underground storage tanks must: 1. Be of good character and reputation as determined by the Division upon review of the applicant’s references…

NAC 459.9723 Certification as tester of underground storage tanks. (NRS 459.485, 459.500) An applicant for certification as a tester of underground storage tanks must: 1. Be of good character and reputation as determined by the Division upon review of the applicant’s references, …

NAC 459.97232 Certification as provider of approved underground storage tank training program. (NRS 459.500, 459.826) An applicant for certification as a provider of an approved underground storage tank training program must: 1. Be of good reputation as determined by the Division…

NAC 459.9725 Waiver of requirements for training. (NRS 459.485, 459.500) The Division may waive any requirements for training for a certificate if that training is not available. (Added to NAC by Environmental Comm’n, eff. 3-6-91)

NAC 459.9726 Action on applications; examinations for certification. (NRS 459.485, 459.500) 1. The Division will review each application and send each applicant written notice within 6 weeks of receipt of all required materials whether his or her application has been approved or …

NAC 459.9727 Contents and duration of certificate. (NRS 459.485, 459.500) 1. Each certificate issued by the Division to an applicant must bear: (a) The name of the applicant; (b) The number of the certificate; (c) The date of expiration of the certificate; and (d) The specific cl…

NAC 459.9728 Renewal of certificate. (NRS 459.485, 459.500) A holder of a certificate who wishes to renew his or her certificate must, not later than 1 year after the date on which the certificate expires: 1. Demonstrate to the Division that he or she continues to meet all qualif…

NAC 459.97285 Contents of document relating to service for which certification is required. (NRS 459.485, 459.500) A holder of a certificate who is responsible for a service requiring certification shall ensure that each document relating to the service includes: 1. The following…

NAC 459.9729 Standards of practice. (NRS 459.485, 459.500) 1. Each holder of a certificate issued by the Division pursuant to the provisions of NAC 459.970 to 459.97295, inclusive: (a) Shall provide services which are ethical, meet the current standards of the profession and whic…

NAC 459.97295 Aggrieved person: Request for informal discussion; subsequent request for informal conference; determination; final remedy. (NRS 459.485, 459.500) 1. Any person who has reason to believe that an action taken by the Division pursuant to NAC 459.970 to 459.9729, inclu…

NAC 459.973 Definitions. (NRS 459.656) As used in NAC 459.973 to 459.9743, inclusive, unless the context otherwise requires, the words and terms defined in NAC 459.9731 to 459.9736, inclusive, have the meanings ascribed to them in those sections. (Added to NAC by Environmental Co…

NAC 459.9731 “Administrator” defined. (NRS 459.656) “Administrator” means the Administrator of the Division. (Added to NAC by Environmental Comm’n by R054-00, eff. 5-26-2000)

NAC 459.9732 “Division” defined. (NRS 459.656) “Division” means the Division of Environmental Protection of the State Department of Conservation and Natural Resources. (Added to NAC by Environmental Comm’n by R054-00, eff. 5-26-2000)

NAC 459.9733 “Eligible property” defined. (NRS 459.656) “Eligible property” has the meaning ascribed to it in NRS 459.618. (Added to NAC by Environmental Comm’n by R054-00, eff. 5-26-2000)

NAC 459.9734 “Participant” defined. (NRS 459.656) “Participant” has the meaning ascribed to it in NRS 459.622. (Added to NAC by Environmental Comm’n by R054-00, eff. 5-26-2000)