Nevada Administrative Code

NAC 445B.8913 Prehearing conference. (NRS 233B.050) 1. The Commission may, upon its own motion or a motion made by a party, conduct a prehearing conference to: (a) Formulate, simplify or limit the issues involved in a hearing; (b) Obtain admissions of fact or any stipulation of t…

NAC 445B.8914 Identification of witnesses; identification, exchange and admissibility of exhibits; admissibility and relevancy of evidence. (NRS 233B.050) 1. Except as otherwise provided by an order of the Commission, each party to a hearing before the Commission shall, not later…

NAC 445B.8915 Intervention in certain proceedings. (NRS 233B.050, 445B.210) 1. A person, other than a party to a proceeding, who believes that he or she may be directly and substantially affected by the proceeding may request an order to intervene in the proceeding by filing a wr…

NAC 445B.892 Subpoenas. (NRS 233B.050) 1. Subpoenas to compel attendance of any person at a hearing or to require the production of books, records or other documents may be issued by the Commission. 2. Requests for the issuance of subpoenas must be made to the Commission in writi…

NAC 445B.8925 Briefs. (NRS 233B.050) 1. The Commission may, upon its motion or a motion by a party, order the parties to a hearing to file an opening brief, a response brief and a reply brief. 2. Except as otherwise provided by an order of the Commission, if the Commission orders…

NAC 445B.893 Panels to conduct certain hearings; decision of panel. (NRS 233B.050) Three or more members of the Commission constitute a proper panel, where appropriate, in accordance with NRS 445A.610 and 445B.350, and a majority of those present must concur in any decision. The …

NAC 445B.894 Change in time or place of hearing; informal disposition of matter; dismissal. (NRS 233B.050) 1. Upon good cause shown, the Commission may vacate and reset the time of hearing. 2. Upon good cause shown, the Commission may transfer the place of hearing to a more appro…

NAC 445B.895 Appearance of parties; procedure at hearing. (NRS 233B.050) 1. The parties may appear in person and may be represented by an attorney. 2. An attorney who represents a party before the Commission in a contested case must be an active member of and in good standing wit…

NAC 445B.8953 Conduct at hearing; maintenance of order. (NRS 233B.050) 1. A person who appears in a proceeding shall conform to the recognized standards of ethical and courteous conduct as determined by the Commission. All parties to a hearing, their counsel and the spectators sh…

NAC 445B.8957 Consolidation of proceedings. (NRS 233B.050) 1. The Commission may consolidate two or more proceedings if it appears that the issues are substantially the same and the rights of the parties will not be prejudiced by the consolidation. 2. At a consolidated hearing, t…

NAC 445B.896 Findings of Commission. (NRS 233B.050) 1. At the conclusion of the hearing, the Commission may take the case under submission and will notify the appellant and any other party to the hearing of its findings and recommendations in writing within 30 days after the date…

NAC 445B.897 Record of hearing. (NRS 233B.050) 1. Each hearing must be recorded electronically. An electronic recording of the hearing must be made available for inspection or copying. A party who requests a copy of an electronic recording must pay the cost to copy the recording.…

NAC 445B.899 Petitions for reconsideration or rehearing. (NRS 233B.050) 1. A petition for reconsideration must specifically: (a) Identify each portion of the challenged decision which the petitioner deems to be unlawful, unreasonable, or based on erroneous conclusions of law or m…

NAC 445C.010 Definitions. (NRS 445C.120) As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 445C.020 to 445C.080, inclusive, have the meanings ascribed to them in those sections. (Added to NAC by Environmental Comm’n by R201-97, eff…

NAC 445C.020 “Division” defined. (NRS 445C.120) “Division” means the Division of Environmental Protection of the State Department of Conservation and Natural Resources. (Added to NAC by Environmental Comm’n by R201-97, eff. 3-5-98)

NAC 445C.030 “Environmental audit” defined. (NRS 445C.120) “Environmental audit” has the meaning ascribed to it in NRS 445C.020. (Added to NAC by Environmental Comm’n by R201-97, eff. 3-5-98)

NAC 445C.040 “Environmental audit agreement” defined. (NRS 445C.120) “Environmental audit agreement” means a written agreement between a regulatory agency and a regulated person that: 1. Allows the regulated person to conduct an environmental audit; and 2. Complies with the provi…

NAC 445C.050 “Environmental requirement” defined. (NRS 445C.120) “Environmental requirement” has the meaning ascribed to it in NRS 445C.030. (Added to NAC by Environmental Comm’n by R201-97, eff. 3-5-98)

NAC 445C.060 “Regulated facility” defined. (NRS 445C.120) “Regulated facility” has the meaning ascribed to it in NRS 445C.040. (Added to NAC by Environmental Comm’n by R201-97, eff. 3-5-98)

NAC 445C.070 “Regulated person” defined. (NRS 445C.120) “Regulated person” has the meaning ascribed to it in NRS 445C.050. (Added to NAC by Environmental Comm’n by R201-97, eff. 3-5-98)

NAC 445C.080 “Regulatory agency” defined. (NRS 445C.120) “Regulatory agency” has the meaning ascribed to it in NRS 445C.060. (Added to NAC by Environmental Comm’n by R201-97, eff. 3-5-98)

NAC 445C.100 Requirements to enter into environmental audit agreement. (NRS 445C.120) 1. A regulatory agency shall not enter into an environmental audit agreement with a regulated person for a particular environmental requirement if the regulated person: (a) Has been cited for a …

NAC 445C.110 Contents of environmental audit agreement. (NRS 445C.120) In addition to the requirements set forth in NRS 445C.070 and 445C.080, an environmental audit agreement must include, but is not limited to: 1. The name of each regulated facility that is subject to the agree…

NAC 445C.120 Certification of consultant by Division required. (NRS 445C.120) 1. A consultant who is hired by a regulated person to conduct an environmental audit must be certified by the Division pursuant to NAC 459.970 to 459.9729, inclusive. 2. As used in this section, “consul…

NAC 445C.130 Violation of environmental requirement; contents of enforceable agreement. (NRS 445C.120) If a violation of an environmental requirement is discovered as a result of an environmental audit, the regulated person shall enter into an enforceable agreement with the regul…

NAC 445C.140 Public records; public registry. (NRS 445C.120) 1. A regulatory agency shall consider the following to be public records that are open to inspection and copying pursuant to the provisions of chapter 239 of NRS: (a) All environmental audit agreements. (b) All informat…

NAC 445C.200 Definitions. (NRS 445C.310) As used in NAC 445C.200 to 445C.390, inclusive, unless the context otherwise requires: 1. “Applicant” means an operator of a storage tank that is eligible and applies to the Division for a grant pursuant to the provisions of NAC 445C.320 t…

NAC 445C.210 Interpretation of certain statutory terms. (NRS 445C.310, 445C.380) 1. For the purposes of NRS 445C.150 to 445C.410, inclusive, the Board interprets: (a) “Costs for cleaning up” to mean any expense of corrective action necessitated by a discharge from a storage tank.…

NAC 445C.220 Designation as “small business.” (NRS 445C.310) To be designated as a small business as described in paragraph (f) of subsection 1 of NAC 445C.210, an operator must submit the following to the Division: 1. Copies of forms reporting federal income tax which show the o…

NAC 445C.230 Adoption by reference of certain provisions of Code of Federal Regulations and International Fire Code. (NRS 445C.310) The Board hereby adopts by reference: 1. The provisions of 40 C.F.R. §§ 280.10 to 280.74, inclusive, and 280.240 to 280.245, inclusive, as they exis…

NAC 445C.240 Annual fee and application for registration of storage tank; letter of coverage. (NRS 445C.310, 445C.340) 1. Except as otherwise provided in this subsection, each operator of a registered storage tank shall, on or before October 1 of each year, pay a fee in the amoun…

NAC 445C.250 Testing and inspection of storage tanks; maintenance of records. (NRS 445C.310, 445C.360) 1. Except as otherwise provided in this section, each operator of a registered underground storage tank shall comply with the provisions of NAC 459.994. 2. The operator of a reg…

NAC 445C.255 Division may contract with third party to provide owners and operators technical assistance. (NRS 445C.310) The Division may contract or enter into an agreement with a third party to provide technical assistance to owners and operators of storage tanks for the purpos…

NAC 445C.260 Financial responsibility of operators. (NRS 445C.310) Upon request, an operator of a regulated underground storage tank shall submit to the Division evidence of his or her financial responsibility. An operator may demonstrate his or her financial responsibility in an…

NAC 445C.270 Discharges: Duties of operators; submission and contents of application for coverage; maintenance of records. (NRS 445C.310, 445C.360) 1. The operator of a storage tank shall report any suspected or confirmed discharge from a storage tank to the environment promptly …

NAC 445C.280 Operator to notify Division of civil action for damages; submission of order of judgment or settlement agreement required for payment from Fund. (NRS 445C.310) 1. An operator shall notify the Division of a civil action brought against him or her by another person for…

NAC 445C.290 Discharges: Authority of Administrator of Division. (NRS 445C.310) If a discharge occurs from a storage tank, the Administrator of the Division may, at such times as are reasonably required: 1. Question the operator of the storage tank, under oath, about any matter r…

NAC 445C.300 Factors considered in determining necessity for cleanup of discharge from certain storage tanks. (NRS 445C.310) In determining whether cleaning up a discharge from a storage tank: 1. Which has a capacity of 1,100 gallons or less; and 2. Which is used to store heating…

NAC 445C.310 Form of claim for reimbursement; time limitations for filing claims; payment to operator, certified environmental manager, vendor or contractor; payment required of operator or certified environmental manager; payment of per diem allowance and travel expenses. (NRS 4…

NAC 445C.320 Grants for purchase and installation of upgrades: Division to make available from money in Fund. (NRS 445C.310) The Division shall make available from the money remaining in the Fund at the end of each fiscal year and after all claims against the Fund have been paid …

NAC 445C.330 Grants for purchase and installation of upgrades: Information to be provided by operator. (NRS 445C.310) An operator of one or more storage tanks is eligible to apply to the Division for a grant from the money made available pursuant to NAC 445C.320 if the operator p…

NAC 445C.340 Grants for purchase and installation of upgrades: Application requirements; confidentiality of certain records. (NRS 445C.310) 1. An eligible operator who wishes to apply for a grant of money made available pursuant to NAC 445C.320 must submit to the Division, on or …

NAC 445C.350 Grants for purchase and installation of upgrades: Division to review applications, rank applicants, award grants, allocate available grant money; multiple grant allocations to single applicant. (NRS 445C.310) 1. The Division shall review the applications submitted pu…

NAC 445C.360 Grants for purchase and installation of upgrades: Requirements for recipient and Division; retention of records. (NRS 445C.310) 1. A recipient shall only purchase and install equipment for upgrades that is approved by the Division. Equipment that is financed in whole…

NAC 445C.370 Grants for purchase and installation of upgrades: Recipient to make certain records available for audit and inspection by the Division. (NRS 445C.310) A recipient shall make available at any reasonable time for audit and inspection by any authorized representative of…

NAC 445C.380 Grants for purchase and installation of upgrades: Authorized uses of grant money; obligations of recipient to repay in certain circumstances. (NRS 445C.310) 1. Grant money allocated to a recipient pursuant to NAC 445C.320 to 445C.380, inclusive, must be used only for…

NAC 445C.390 Severability of provisions. (NRS 445C.310) If any provision of NAC 445C.200 to 445C.390, inclusive, or the application of the provision to any person, thing or circumstance is held invalid, it is intended that the invalidity not affect the remaining provisions, or th…