Nevada Administrative Code

NAC 444.84555 Facility or mobile unit for recycling of hazardous waste: Contents of application; written determination by Administrator; public notice and comment; revocation, suspension or modification of written determination; request for hearing. (NRS 459.485, 459.490) 1. An a…

NAC 444.8456 Stationary new or expanding facility for management of hazardous waste: Restrictions on location; exempt facilities. (NRS 459.485, 459.490) 1. A stationary new or expanding facility for the management of hazardous waste must not be constructed within: (a) One mile of…

NAC 444.8458 Stationary new or expanding facility for management of hazardous waste: Certificate of designation; prerequisite for permit; contents of application; issuance; exempt facilities. (NRS 459.485, 459.490, 459.520) 1. A person who proposes to construct or operate a new o…

NAC 444.846 Fee for volume of hazardous waste received by facility for the management of hazardous waste owned by State: Amount; payment; penalty; disposition. (NRS 459.485, 459.510) 1. The operator of a facility for the management of hazardous waste that is owned by the State of…

NAC 444.847 Submission of application. (NRS 459.485, 459.548) Any person seeking a variance from the provisions of NAC 444.842 to 444.8482, inclusive, must submit an application for the variance to the Secretary of the Commission. (Added to NAC by Environmental Comm’n, eff. 4-18-…

NAC 444.8472 Contents of application. (NRS 459.485, 459.548) An application for a variance must: 1. Be accompanied by: (a) The maximum fee prescribed by subsection 2 of NAC 444.8474; (b) A map showing: (1) The site of the facility or proposed facility; and (2) The location of any…

NAC 444.8474 Fee for review of application: Amount; return of excess. (NRS 459.485, 459.548) 1. An applicant for a variance shall pay: (a) A fee of $50 per hour for each hour spent by the staff of the Division to review the application; and (b) The actual cost of travel, per diem…

NAC 444.8476 Initial review of application; recommendation to Commission. (NRS 459.485, 459.548) Upon the filing of an application for a variance, the Division shall review the application and accompanying materials and make a recommendation to the Commission for approval or disa…

NAC 444.8478 Public comment and hearing on application; statement of reasons for denial. (NRS 459.485, 459.548) 1. Before an application is heard, the Commission will provide for a period of public notice and comment of not less than 30 days. After the expiration of that period, …

NAC 444.848 Duration of variance; revocation; annual review. (NRS 459.485, 459.546, 459.548) 1. The duration of a variance will be established by the Commission in each case, but in no event does a variance continue in force after the expiration of any permit issued by the Divisi…

NAC 444.8482 Renewal of variance. (NRS 459.485, 459.547, 459.548) 1. A variance must be renewed before the renewal of any permit issued by the Division for the facility involved. 2. An application to renew a variance is subject to all the provisions of NAC 444.847 to 444.8482, in…

NAC 444.850 Definitions. (NRS 459.485, 459.490) As used in NAC 444.850 to 444.8746, inclusive, unless the context otherwise requires: 1. The words and terms defined in NAC 444.8505 to 444.8616, inclusive, have the meanings ascribed to them in those sections. 2. Except for the wor…

NAC 444.8505 “Administrator” defined. (NRS 459.485) “Administrator” means the Regional Administrator of the United States Environmental Protection Agency. (Added to NAC by Environmental Comm’n, eff. 11-22-82)

NAC 444.8508 “Commission” defined. (NRS 459.485) “Commission” means the State Environmental Commission. (Added to NAC by Environmental Comm’n, eff. 5-27-92)

NAC 444.851 “Department” defined. (NRS 459.485) “Department” means the State Department of Conservation and Natural Resources. (Added to NAC by Environmental Comm’n, eff. 11-22-82)

NAC 444.8515 “Director” defined. (NRS 459.485) “Director” means the Director of the Department. (Added to NAC by Environmental Comm’n, eff. 11-22-82)

NAC 444.853 “Division” defined. (NRS 459.485) “Division” means the Division of Environmental Protection. (Added to NAC by Environmental Comm’n, eff. 11-22-82)

NAC 444.8546 “Facility for the management of hazardous waste” defined. (NRS 459.485) “Facility for the management of hazardous waste” has the meaning ascribed to it in NAC 444.8428. (Added to NAC by Environmental Comm’n, eff. 5-27-92)

NAC 444.8565 “Hazardous waste” defined. (NRS 459.485, 459.490) 1. “Hazardous waste” has the meaning ascribed to it in NRS 459.430. 2. The term includes any: (a) Hazardous waste or constituent of hazardous waste which is subject to regulation under 40 C.F.R. Part 261, as adopted b…

NAC 444.861 “Used oil” defined. (NRS 459.485) “Used oil” means any oil that has been refined from crude oil, or any synthetic oil, that has been used and as a result of the use is contaminated by physical or chemical impurities. (Added to NAC by Environmental Comm’n, eff. 3-1-94)

NAC 444.8614 “Very small quantity generator” defined. (NRS 459.485, 459.490) “Very small quantity generator” means a generator which generates less than or equal to the following amounts in a calendar month: 1. 100 kilograms (220 pounds) of non-acute hazardous waste; 2. 1 kilogra…

NAC 444.8616 “Written” defined. (NRS 459.485, 459.490) “Written” includes, without limitation, any form that results in a permanent record and is handwritten, typed, printed or electronically created. (Added to NAC by Environmental Comm’n by R084-19, eff. 8-26-2020)

NAC 444.8618 Information relating to procedure to obtain and application for EPA identification number. (NRS 459.485, 459.490) A generator, transporter or facility owner or operator who is required to obtain an EPA identification number pursuant to 40 C.F.R. §§ 262.12, 263.11, 26…

NAC 444.8632 Compliance with federal regulations adopted by reference; availability. (NRS 459.485, 459.490) 1. In addition to the requirements of NAC 444.850 to 444.8746, inclusive, a person who generates, transports, treats, stores, disposes or otherwise manages hazardous waste …

NAC 444.86325 Exceptions to and revision or replacement of federal regulations adopted by reference. (NRS 459.485, 459.490) 1. The following sections and parts of Title 40 of the Code of Federal Regulations, and any reference to those sections and parts, are not adopted by refere…

NAC 444.8633 Revision of and meanings ascribed to certain terms referred to in federal regulations adopted by reference. (NRS 459.485, 459.490) Except as otherwise provided in NAC 444.8634: 1. Any references in any part of Title 40 of the Code of Federal Regulations to the U.S. E…

NAC 444.8634 Meanings ascribed to certain terms referred to in federal regulations; payment and deposit of certain fees. (NRS 459.485, 459.490) 1. Any reference to the following terms in 40 C.F.R. Part 2, Subpart A, as adopted by reference in NAC 444.8632, shall be deemed to have…

NAC 444.8655 Acquisition and requirements of manifest. (NRS 459.485, 459.490) 1. Except as otherwise provided in 40 C.F.R. Part 262, Subpart B, as adopted by reference in NAC 444.8632, the generator shall include in the manifest the hazardous waste number assigned by the United S…

NAC 444.8666 Receipt of hazardous waste accompanied by manifest. (NRS 459.485, 459.490) If a facility receives hazardous waste accompanied by a manifest, the owner or operator, or his or her agent, shall comply with the requirements for manifests set forth in 40 C.F.R. Part 264, …

NAC 444.8671 Labeling of containers of hazardous waste accumulated or stored on-site. (NRS 459.485, 459.490) A generator who accumulates or stores hazardous waste on-site shall, in addition to complying with the requirements for labeling set forth in 40 C.F.R. Part 262, as adopte…

NAC 444.8677 Written record of inspections by certain generators of hazardous waste; contents and maintenance of records. (NRS 459.485, 459.490, 459.550) A generator who generates more than 100 kilograms of hazardous waste in a calendar month and accumulates hazardous waste on-si…

NAC 444.8681 Mixing of used oil with hazardous waste or products prohibited; exceptions; contents and maintenance of records by very small quantity generators. (NRS 459.485, 459.490, 459.550) 1. The mixing of used oil with hazardous wastes is prohibited except for the following: …

NAC 444.8682 Requirements for managing and disposing of mixtures of used oil and hazardous wastes or other products. (NRS 459.485, 459.490) 1. Mixtures of used oil with hazardous wastes that are exempted pursuant to subsection 1 of NAC 444.8681 that are being recycled or burned f…

NAC 444.8683 Regulation of mixtures of used oil with wastes determined not to be hazardous; maintenance of documentation must be on-site and available for inspection. (NRS 459.485, 459.490) Mixtures of used oil with wastes that are determined not to be hazardous are subject to re…

NAC 444.8686 Open burning of hazardous waste. (NRS 459.485, 459.490) An operator shall not openly burn hazardous waste except for the open burning and detonation of waste explosives. For the purposes of this section, waste explosives include waste which has the potential to deton…

NAC 444.8688 Transfer of hazardous waste from transport vehicle to boiler or industrial furnace; permit for storage of hazardous waste required. (NRS 459.485, 459.490) 1. A person shall not transfer hazardous waste from a transport vehicle directly to a boiler or industrial furna…

NAC 444.8701 Definitions. (NRS 459.485, 459.500) As used in NAC 444.8701 to 444.8746, inclusive: 1. “Administrator” means the Administrator of the Division. 2. “Hearing officer” means the Administrator or any person designated by him or her to conduct a hearing relating to a cita…

NAC 444.8706 Imposition and amounts. (NRS 459.485, 459.490, 459.500) 1. In addition to any other remedy provided by law for such a violation and except as otherwise provided in subsection 2, any person who violates any provision of NRS 459.400 to 459.600, inclusive, or any regula…

NAC 444.8711 Issuance and contents of citations. (NRS 459.485, 459.500) 1. Any authorized representative or employee of the Division who has probable cause to believe that a violation described in NAC 444.8706 has occurred may issue a citation to the generator or other person res…

NAC 444.8716 Requests for forfeiture or hearing; scheduling and notice of hearing. (NRS 459.485, 459.500) 1. A person who receives a citation pursuant to NAC 444.8711 and does not desire to contest the matter must, within 30 days after the date of the citation, sign a request for…

NAC 444.8721 Failure to request forfeiture or hearing or to appear at hearing. (NRS 459.485, 459.500) If a person cited pursuant to NAC 444.8711 fails to deliver a request for forfeiture or a request for hearing within the time required by NAC 444.8716, or fails to appear at a sc…

NAC 444.8726 Continuance of hearing. (NRS 459.485, 459.500) 1. If a request for hearing is made and granted pursuant to NAC 444.8716, the person cited may request a continuance of the hearing by delivering a written request to the hearing officer. The request may be granted or de…

NAC 444.8731 Inspection and copying of documents Division intends to use at hearing. (NRS 459.485, 459.500) If a request for hearing is granted, the person cited is entitled before the hearing to inspect and copy any document that the Division intends to present to the hearing of…

NAC 444.8736 Rendering of decision by hearing officer. (NRS 459.485, 459.500) Within 30 days after the end of a hearing, the hearing officer shall prepare and file a decision in writing. The decision must include a statement of the reasons for the conclusion reached by the hearin…

NAC 444.8741 Address for delivery of documents. (NRS 459.485, 459.500) Any delivery required by NAC 444.8701 to 444.8746, inclusive, to be made to: 1. The Division must be made to the office of the Division at Bryan State Office Building, 901 South Stewart Street, Carson City, Ne…

NAC 444.8746 Methods of payment. (NRS 459.485, 459.500) Payment of an administrative penalty imposed pursuant to NAC 444.8706 must be made by money order, bank draft or check payable to the State of Nevada. (Added to NAC by Environmental Comm’n, 9-19-90, eff. 12-1-90) RECYCLING O…

NAC 444.8801 Definitions. As used in NAC 444.8801 to 444.9071, inclusive, unless the context otherwise requires, the words and terms defined in NAC 444.8806 to 444.8866, inclusive, have the meanings ascribed to them in those sections. (Supplied in codification)