CHAPTER 459 - HAZARDOUS MATERIALS

NAC 459.9921 Definitions. (NRS 459.826) As used in NAC 459.9921 to 459.999, inclusive, unless the context otherwise requires: 1. The words and terms defined in NAC 459.9922 to 459.9929, inclusive, have the meanings ascribed to them in those sections. 2. The words and terms define…

NAC 459.9922 “Assessment” defined. (NRS 459.826) “Assessment” means a test for the presence of a regulated substance. (Added to NAC by Environmental Comm’n, eff. 10-9-90)

NAC 459.9924 “Corrective action” defined. (NRS 459.826) “Corrective action” means a permanent remedy that is taken if a regulated substance is released to prevent the substance from migrating and causing danger to the present or future health of the public or to the environment. …

NAC 459.9925 “Department” defined. (NRS 459.826) “Department” means the State Department of Conservation and Natural Resources. (Added to NAC by Environmental Comm’n, eff. 10-9-90)

NAC 459.9927 “Division” defined. (NRS 459.826) “Division” means the Division of Environmental Protection of the Department. (Added to NAC by Environmental Comm’n, eff. 10-9-90)

NAC 459.9928 “Groundwater” defined. (NRS 459.826) “Groundwater” has the meaning ascribed to it in NAC 444.579. (Added to NAC by Environmental Comm’n, eff. 10-9-90; A 1-23-96)

NAC 459.99283 “Listed” defined. (NRS 459.826) “Listed” has the meaning ascribed to it in section 202 of the International Fire Code, 2003 edition. (Added to NAC by Environmental Comm’n by R083-05, eff. 10-31-2005)

NAC 459.99285 “Marina storage tank” defined. (NRS 459.826) “Marina storage tank” means a petroleum storage tank used to provide fuel to water vessels, at least 90 percent of which is either above ground level or in or over water and which has a capacity of at least 110 gallons bu…

NAC 459.99288 “Red tag” defined. (NRS 459.826) “Red tag” means a unique identification device, tag or other mechanism of a design approved by the Division that is placed on the fill pipe of an underground storage tank to indicate that the underground storage tank is ineligible to…

NAC 459.9929 “Underground storage tank” defined. (NRS 459.826) “Underground storage tank” has the meaning ascribed to it in 40 C.F.R. § 280.12. (Added to NAC by Environmental Comm’n, eff. 10-9-90; A by R083-05, 10-31-2005)

NAC 459.993 Federal regulations: Adoption by reference of certain provisions regarding underground storage tanks; compliance required. (NRS 459.826, 459.830) 1. The State Environmental Commission hereby adopts by reference the provisions of 40 C.F.R. §§ 280.10 to 280.116, inclusi…

NAC 459.9931 Adoption by reference of certain chapters of International Fire Code. (NRS 459.826, 459.830) The State Environmental Commission hereby adopts by reference chapters 2, 22 and 34 of the International Fire Code, 2003 edition. A copy of the volume containing these provis…

NAC 459.9933 Marina storage tanks: Registration; fee. (NRS 459.826) The owner or operator of a marina storage tank shall register each marina storage tank compartment with the Division on a prescribed form and pay an annual fee of $50 for each registered marina storage tank compa…

NAC 459.9934 Marina storage tanks: Construction, design, location and overfill prevention. (NRS 459.826, 459.830) 1. A marina storage tank must meet the requirements of chapters 2, 22 and 34 of the International Fire Code, 2003 edition, with regard to construction, design, locati…

NAC 459.9935 Marina storage tanks: Secondary containment. (NRS 459.826, 459.830) 1. A marina storage tank must have a secondary containment area for the fuel stored in the tank. 2. Multiple products stored within the same containment area must be compatible with each other. 3. If…

NAC 459.9936 Marina storage tanks: Piping and valves. (NRS 459.826, 459.830) 1. If, on a marina storage tank: (a) A submersible pump is used, a listed emergency shutoff valve must be installed at each dispensing device. (b) A suction pump-type dispensing device is used, a listed …

NAC 459.9937 Marina storage tanks: Dispensing equipment. (NRS 459.826, 459.830) 1. A control must be installed that will permit the fuel delivery pump to operate only when a dispensing nozzle is removed from its bracket or normal position with respect to the dispensing device and…

NAC 459.9938 Marina storage tanks: Filling equipment; exception; monitoring; testing; daily inventory records. (NRS 459.826, 459.830) 1. Except as otherwise provided in subsection 3, all aboveground marina storage tanks must be filled through a liquid-tight connection enclosed in…

NAC 459.99395 Underground storage tanks: Designation of Class A operators, Class B operators and Class C operators. (NRS 459.826) 1. The owner or operator of an underground storage tank shall, for each underground storage tank he or she owns or operates, designate one or more per…

NAC 459.99396 Underground storage tanks: Requirements for operator training and examination; records of completion of training and examination. (NRS 459.826) 1. The owner or operator of an underground storage tank shall ensure that: (a) A Class A operator or a Class B operator su…

NAC 459.994 Underground storage tanks: Testing for tightness. (NRS 459.826, 459.830) 1. Except as otherwise provided in this section, each owner or operator of an underground storage tank shall provide a method, or combination of methods, of release detection in accordance with 4…

NAC 459.9941 Underground storage tanks: Ineligibility to receive delivery of regulated substance; placement of red tag. (NRS 459.826, 459.830) An underground storage tank is ineligible to receive a delivery of a regulated substance if: 1. The Division: (a) Determines that any req…

NAC 459.9942 Underground storage tanks: Notice of determination that tank is ineligible to receive delivery of regulated substance. (NRS 459.826, 459.830) If the Division determines that an underground storage tank located at a facility specified by the Division is ineligible to …

NAC 459.9943 Underground storage tanks: Request for or acceptance of delivery of regulated substance to tank marked with red tag prohibited; deferral of prohibition. (NRS 459.826, 459.830) 1. Except as otherwise provided in subsection 2, an owner or operator of a facility specifi…

NAC 459.9944 Underground storage tanks: Reclassification of tank marked with red tag as eligible to receive delivery of regulated substance. (NRS 459.826, 459.830) If the Division determines that an underground storage tank is ineligible to receive a delivery of a regulated subst…

NAC 459.9945 Underground storage tanks: Secondary containment system required for tank installed on or after July 1, 2008; exceptions. (NRS 459.826, 459.830) 1. Except as otherwise provided in subsection 2, secondary containment is required for all underground storage tanks insta…

NAC 459.9946 Underground storage tanks: Secondary containment system required upon replacement of tank or piping; exceptions. (NRS 459.826, 459.830) 1. Except as otherwise provided in subsection 2, secondary containment which meets the criteria set forth in 40 C.F.R. § 280.20 is …

NAC 459.9947 Underground storage tanks: Duties of owner or operator required to implement secondary containment. (NRS 459.826, 459.830) An owner or operator of an underground storage tank who is required to implement secondary containment for that underground storage tank pursuan…

NAC 459.9948 Underground storage tanks: Under-dispenser container required for certain fuel dispenser systems; waiver of requirement under certain circumstances. (NRS 459.826, 459.830) 1. Except as otherwise provided in subsection 3, under-dispenser containment is required for al…

NAC 459.995 Financial responsibility of owners and operators. (NRS 459.826, 459.834) 1. If requested by the Division, each owner and operator of a registered storage tank shall submit to the Division evidence of his or her financial responsibility. As used in this subsection, “re…

NAC 459.996 Releases: Reporting; protection of site; inspection by Division. (NRS 459.826) 1. The owner or operator of a storage tank shall report any release promptly in accordance with the requirements of NAC 445A.347 and 40 C.F.R. § 280.61 if the release from the storage tank …

NAC 459.9972 Assessment required before closure of tank; notice of contaminated soil or groundwater; removal of tank from ground. (NRS 459.826, 459.832) 1. The owner or operator of a storage tank shall provide an assessment to the Division before a storage tank is permanently clo…

NAC 459.9985 No relief of responsibility to secure approval or permit. (NRS 459.826) NAC 459.9972 does not relieve the owner or operator of the responsibility for securing an approval or permit from other governmental or regulatory entities. (Added to NAC by Environmental Comm’n,…

NAC 459.9988 Corrective action concerning soil or groundwater; assessment of contaminated soil or water. (NRS 459.826, 459.834) 1. An owner or operator of a storage tank who submits a report pursuant to NAC 459.996 or a notice pursuant to NAC 459.9972 shall comply with the provis…

NAC 459.999 Severability. (NRS 459.826) If any provision of NAC 459.9921 to 459.999, inclusive, or the application of any such provision to any person, thing or circumstance is held invalid, it is intended that the invalidity not affect the remaining provisions, or their applicat…

NAC 459.9991 Definitions. (NRS 459.892) As used in NAC 459.9991 to 459.99939, inclusive, unless the context otherwise requires, the words and terms defined in NAC 459.99911 to 459.999235, inclusive, have the meanings ascribed to them in those sections. (Added to NAC by Environmen…

NAC 459.99911 “Applicant” defined. (NRS 459.892) “Applicant” means any person who has submitted an application to the Division for financial assistance from the Fund. (Added to NAC by Environmental Comm’n by R084-04, eff. 10-8-2004)

NAC 459.99912 “Brownfield site” defined. (NRS 459.892) “Brownfield site” has the meaning ascribed to it in NRS 459.866. (Added to NAC by Environmental Comm’n by R084-04, eff. 10-8-2004)

NAC 459.999125 “Community involvement” defined. (NRS 459.892) “Community involvement” means the process through which community members and stakeholders are engaged in the planning and decision-making process in determining the reuse and redevelopment goals of a brownfield site. …

NAC 459.99913 “Corrective action” defined. (NRS 459.892) “Corrective action” means any action taken at a brownfield site pursuant to the requirements of NAC 445A.226 to 445A.22755, inclusive. (Added to NAC by Environmental Comm’n by R084-04, eff. 10-8-2004; A by R189-08, 8-25-200…

NAC 459.99914 “Disadvantaged business” defined. (NRS 459.892) “Disadvantaged business” means a business owned or controlled by women or members of a racial or ethnic minority group. (Added to NAC by Environmental Comm’n by R084-04, eff. 10-8-2004)

NAC 459.99915 “Division” defined. (NRS 459.892) “Division” means the Division of Environmental Protection of the State Department of Conservation and Natural Resources. (Added to NAC by Environmental Comm’n by R084-04, eff. 10-8-2004)

NAC 459.99916 “Eligible entity” defined. (NRS 459.892) “Eligible entity” has the meaning ascribed to it in 42 U.S.C. § 9604(k)(1), except that the term: 1. Includes a nonprofit organization; and 2. Does not include: (a) An Alaska Native Regional Corporation or an Alaska Native Vi…

NAC 459.99917 “Financial assistance” defined. (NRS 459.892) “Financial assistance” means a loan or subgrant from the Fund. (Added to NAC by Environmental Comm’n by R084-04, eff. 10-8-2004)

NAC 459.99918 “Fund” defined. (NRS 459.892) “Fund” means the Fund for Brownfield Projects created by NRS 459.878. (Added to NAC by Environmental Comm’n by R084-04, eff. 10-8-2004)

NAC 459.999185 “Funded activities” defined. (NRS 459.892) “Funded activities” means activities performed by a recipient of financial assistance from the Fund, including, without limitation, identifying inventory, community involvement, site preparation, site assessment, correctiv…

NAC 459.99919 “Hazardous substance” defined. (NRS 459.892) “Hazardous substance” has the meaning ascribed to it in NRS 459.429. (Added to NAC by Environmental Comm’n by R084-04, eff. 10-8-2004)