CHAPTER 459 - HAZARDOUS MATERIALS

NAC 459.9738 Application; environmental assessment; additional information. (NRS 459.634, 459.656) 1. A person who desires to apply for participation in the program pursuant to NRS 459.634 must apply on the application form prescribed by the Administrator. 2. An environmental ass…

NAC 459.9739 Application fees. (NRS 459.634, 459.656) A person who submits an application for participation in the program must submit to the Division one of the following nonrefundable application fees, as applicable: Residential..................................................…

NAC 459.974 Remedial agreement: Submission; contents; approval. (NRS 459.636, 459.656) 1. A participant must submit a remedial agreement to the Administrator within 1 year after the date on which his or her application was approved by the Administrator. In addition to the require…

NAC 459.9741 Cost estimate. (NRS 459.636, 459.656) 1. A participant must submit a detailed cost estimate to restore the property to the condition to which it would be restored if the Division caused action to be taken pursuant to NRS 459.537. The cost estimate must account for th…

NAC 459.9742 Recovery of costs. (NRS 459.636, 459.656) 1. The provisions of the remedial agreement that provide for the recovery of costs by the Division must include, without limitation, the costs the Division incurred for: (a) Reviewing the remedial agreement; (b) Overseeing an…

NAC 459.9743 Report of completion; certificate of partial completion. (NRS 459.638, 459.656) 1. To certify that all the activities in the remedial agreement have been completed pursuant to NRS 459.638, the participant shall submit a report to the Administrator which shows that ea…

NAC 459.975 Definitions. (NRS 459.721, 459.725) As used in NAC 459.975 to 459.991, inclusive, unless the context otherwise requires, the words and terms defined in NAC 459.97515 to 459.9758, inclusive, have the meanings ascribed to them in those sections. (Added to NAC by Dep’t o…

NAC 459.97515 “Director” defined. (NRS 459.721, 459.725) “Director” means the Director of the Department of Public Safety. (Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 1-4-96)

NAC 459.9752 “Division” defined. (NRS 459.721, 459.725) “Division” means the Nevada Highway Patrol Division of the Department of Public Safety. (Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 1-4-96)

NAC 459.97525 “Hazardous material” defined. (NRS 459.721, 459.725) “Hazardous material” has the meaning ascribed to it in NRS 459.7024. (Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 1-4-96; A by Dep’t of Pub. Safety by R168-03, 12-16-2003)

NAC 459.9753 “Motor carrier” defined. (NRS 459.721, 459.725) “Motor carrier” means a person who owns or operates one or more motor vehicles used to transport hazardous material. (Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 1-4-96)

NAC 459.97535 “Motor vehicle” defined. (NRS 459.721, 459.725) “Motor vehicle” has the meaning ascribed to it in NRS 706.096. (Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 1-4-96)

NAC 459.9754 “Participating state” defined. (NRS 459.721, 459.725) “Participating state” means a state that has entered into a reciprocal agreement with this State to participate in the uniform program. (Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 1-4-96; A by Dep’t o…

NAC 459.97543 “Permit Section” defined. (NRS 459.721, 459.725) “Permit Section” means the Permit Section of the Division. (Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 1-4-96; A by Dep’t of Pub. Safety by R168-03, 12-16-2003)—(Substituted in revision for NAC 459.9756)

NAC 459.97545 “Person” defined. (NRS 459.721, 459.725) “Person” means a natural person, any agency of the Federal Government, any agency or political subdivision of this State, any form of business or social organization, and any other legal entity, including, but not limited to,…

NAC 459.9755 “Principal place of business” defined. (NRS 459.721, 459.725) “Principal place of business” means the place where a person maintains his or her central records relating to the transportation of hazardous material. (Added to NAC by Dep’t of Motor Veh. & Pub. Safety, e…

NAC 459.97555 “Reciprocal agreement” defined. (NRS 459.721, 459.725) “Reciprocal agreement” means an agreement entered into by this State and another state to: 1. Participate in a program for the reciprocal registration and permitting of persons who transport hazardous material; …

NAC 459.97565 “Single-trip permit” defined. (NRS 459.721, 459.725) “Single-trip permit” means a permit for the transportation of hazardous material which is issued pursuant to NAC 459.984 and valid only in the State of Nevada. (Added to NAC by Dep’t of Motor Veh. & Pub. Safety, e…

NAC 459.9757 “Transport” and “transportation” defined. (NRS 459.721, 459.725) “Transport” or “transportation” means the movement of property on any public highway. (Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 1-4-96)

NAC 459.97573 “Uniform application” defined. (NRS 459.721, 459.725) “Uniform application” has the meaning ascribed to it in NRS 459.703. (Added to NAC by Dep’t of Pub. Safety by R168-03, eff. 12-16-2003)

NAC 459.97575 “Uniform permit” defined. (NRS 459.721, 459.725) “Uniform permit” means a permit for the transportation of hazardous material established pursuant to 49 U.S.C. § 5119 to regulate the transportation of hazardous materials and issued pursuant to NAC 459.9805 or the co…

NAC 459.97577 “Uniform program” defined. (NRS 459.721, 459.725) “Uniform program” has the meaning ascribed to it in NRS 459.7032. (Added to NAC by Dep’t of Pub. Safety by R168-03, eff. 12-3-2003)

NAC 459.9758 “Vehicle” defined. (NRS 459.721, 459.725) “Vehicle” has the meaning ascribed to it in NRS 706.146. (Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 1-4-96)

NAC 459.976 Applicability. (NRS 459.721, 459.725) Except as otherwise provided in this section, the provisions of NAC 459.975 to 459.991, inclusive, apply to any person who transports hazardous material in this State. Except as otherwise provided by federal law, the provisions of…

NAC 459.977 Adoption of and compliance with certain provisions of Code of Federal Regulations. (NRS 459.721, 459.725) 1. The provisions of 49 C.F.R. Parts 40, 105 to 180, inclusive, and 325 to 399, inclusive, are hereby adopted by reference as they exist on May 30, 2012, and as s…

NAC 459.978 Address for communications and payments. (NRS 459.721, 459.725) Any written communication with or payment made to the Permit Section pursuant to NAC 459.975 to 459.991, inclusive, must be mailed to the Nevada Highway Patrol, Permit Section, 555 Wright Way, Carson City…

NAC 459.9785 Prerequisites to transportation of hazardous materials for which federal safety permit required. (NRS 459.721, 459.725) A motor carrier shall not transport upon a public highway of this State any hazardous material set forth in 49 C.F.R. § 385.403, in the quantity in…

NAC 459.979 Registration and uniform permit required. (NRS 459.7052, 459.721, 459.725) Except as otherwise provided in NAC 459.980 and 459.984, any person who transports hazardous materials in a vehicle upon a public highway in this State shall register with and obtain a uniform …

NAC 459.980 Use of vehicle under lease. (NRS 459.721, 459.725) 1. A vehicle which is the subject of a lease agreement may be used to transport hazardous materials in this State if: (a) The lessee or lessor of the vehicle has obtained a uniform permit from the entity prescribed in…

NAC 459.9805 Uniform permit: Uniform application for issuance or renewal; fees; expiration. (NRS 459.721, 459.725) 1. A person seeking to obtain a uniform permit from the Division, or to renew a uniform permit issued by the Division, must submit to the Permit Section: (a) A compl…

NAC 459.98055 Authority of Division to require fingerprints from principal officers of applicant. (NRS 459.721, 459.725) 1. In addition to any other information required by law, the Division may require the principal officers of an applicant to submit a fingerprint card with its …

NAC 459.982 Uniform permit: Notice of change in information in uniform application. (NRS 459.721, 459.725) If there is any change in the information contained in a uniform application to the Division for the issuance or renewal of a uniform permit, the holder of the uniform permi…

NAC 459.983 Uniform permit: Maintenance at place of business; inspection; copy required in vehicle during transportation. (NRS 459.721, 459.725) 1. The original of any uniform permit must be: (a) Maintained by the holder at his or her principal place of business, as listed in his…

NAC 459.984 Single-trip permit: Obtainment; use; expiration; fee. (NRS 459.721, 459.725) 1. A person may, not more than once during any period of 3 consecutive months, obtain a single-trip permit in lieu of a uniform permit, from any authorized vendor before or at the time of ent…

NAC 459.986 Inspection of vehicles; verification of drivers’ qualifications. (NRS 459.712, 459.721, 459.725) 1. Any vehicle used to transport hazardous materials in this State is subject to inspection. 2. The qualifications of the driver of a vehicle used to transport hazardous m…

NAC 459.9865 Provision of notice before transportation of radioactive waste. (NRS 459.709, 459.721, 459.725) A person who transports radioactive waste shall notify the Division not less than 4 hours nor more than 48 hours before beginning to transport the waste in this State. As …

NAC 459.987 Reporting certain accidents and incidents. (NRS 459.718, 459.721, 459.725) 1. Any accident or incident involving hazardous materials must be reported to the Division in the manner provided by NRS 459.718. 2. Any such report must be submitted on a form prescribed by th…

NAC 459.988 Reimbursement of expenses for response to spill or accident. (NRS 459.721, 459.725) If an incident occurs involving hazardous materials, the expenses for which reimbursement may be sought pursuant to NRS 459.760 and 459.770: 1. Include any expenses incurred for immedi…

NAC 459.989 Disciplinary action: Grounds; imposition of sanctions. (NRS 459.721, 459.725) In addition to the provisions set forth in NRS 459.7058, the Division may deny, refuse to renew or suspend a uniform permit if, in connection with the transportation of hazardous materials, …

NAC 459.990 Disciplinary action: Notice of intended action; request for hearing; time and place of hearing. (NRS 459.721, 459.725) 1. Not less than 15 days before it denies, refuses to renew, or suspends a uniform permit pursuant to NAC 459.989, the Division will give notice of i…

NAC 459.991 Disciplinary action: Reinstatement of uniform permit. (NRS 459.721, 459.725) 1. The Division may reinstate a uniform permit which has previously been suspended pursuant to NAC 459.989 if the holder corrects the violation and otherwise complies with the provisions of N…

NAC 459.9912 Definitions. (NRS 459.740) As used in NAC 459.9912 to 459.99189, inclusive, unless the context otherwise requires, the words and terms defined in NAC 459.99121 to 459.99128, inclusive, have the meanings ascribed to them in those sections. (Added to NAC by St. Emergen…

NAC 459.99121 “Bylaws Committee” defined. (NRS 459.740) “Bylaws Committee” means the committee established by the Commission to review annually the bylaws of the Commission and the bylaws and membership list of a local emergency planning committee. (Added to NAC by St. Emergency …

NAC 459.99122 “Commission” defined. (NRS 459.740) “Commission” means the State Emergency Response Commission. (Added to NAC by St. Emergency Response Comm’n by R034-00, eff. 6-20-2000)—(Substituted in revision for NAC 459.9913)

NAC 459.99123 “Emergency plan” defined. (NRS 459.740) “Emergency plan” means a plan established by a local emergency planning committee pursuant to NAC 459.99133 to respond to an emergency caused by the release of a hazardous material. (Added to NAC by St. Emergency Response Comm…

NAC 459.99124 “Extremely hazardous material” defined. (NRS 459.740) “Extremely hazardous material” has the meaning ascribed to it in NRS 459.7022. (Added to NAC by St. Emergency Response Comm’n by R034-00, eff. 6-20-2000)—(Substituted in revision for NAC 459.9914)

NAC 459.99125 “Facility” defined. (NRS 459.740) “Facility” includes any group of activities which are involved in the storage, use or manufacture of extremely hazardous materials, are located on one or more contiguous properties and are owned, operated or controlled by the same p…