Title 40

NRS 445C.050 “Regulated person” defined. “Regulated person” means the owner or operator of a regulated facility. (Added to NRS by 1997, 1075)

NRS 445C.060 “Regulatory agency” defined. “Regulatory agency” means: 1. The State Environmental Commission; 2. The State Department of Conservation and Natural Resources or the Division of Environmental Protection of that Department; 3. A district board of health acting as a soli…

NRS 445C.070 Mitigating factors considered by court in determining criminal penalty for violation; written agreement regarding environmental audit may be modified; authority of regulatory agency not limited by mitigation of criminal penalty. 1. Except as otherwise provided in sub…

NRS 445C.080 Presumption that regulated person is not liable for administrative or civil penalty for violation; written agreement concerning environmental audit may be modified; authority of regulatory agency not limited by presumption against liability. 1. Except as otherwise pr…

NRS 445C.090 Rebuttal of presumption that regulated person is not liable for administrative or civil penalty for violation. The presumption against administrative or civil liability set forth in NRS 445C.080 is rebutted to the extent it is established that: 1. The violation of an…

NRS 445C.100 Administrative or civil proceedings for violation: Burdens of proof. In an administrative or civil proceeding for a violation of an environmental requirement: 1. A regulated person who claims to have made a voluntary examination and disclosure pursuant to an audit ag…

NRS 445C.110 Environmental audit: Privileged; exceptions. 1. Except as otherwise provided in this section, an environmental audit conducted pursuant to the provisions of NRS 445C.010 to 445C.120, inclusive, shall be deemed privileged and is not admissible in an administrative pro…

NRS 445C.120 Regulations; court or administrative hearing officer not to consider failure to conduct environmental audit in determining liability for violation. 1. A regulatory agency may adopt regulations to carry out the provisions of NRS 445C.010 to 445C.120, inclusive. 2. The…

NRS 445C.150 Definitions. As used in NRS 445C.150 to 445C.410, inclusive, unless the context otherwise requires, the words and terms defined in NRS 445C.160 to 445C.280, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 2015, 3601)

NRS 445C.160 “Board” defined. “Board” means the Board to Review Claims. (Added to NRS by 2015, 3601)

NRS 445C.170 “Department” defined. “Department” means the Department of Motor Vehicles. (Added to NRS by 2015, 3601)

NRS 445C.180 “Diesel fuel of grade number 1” defined. “Diesel fuel of grade number 1” means a distillate from fuel oil which is of high volatility and used in high-speed diesel engines generally operated under variations in speed and load. The term includes diesel fuel of the typ…

NRS 445C.190 “Diesel fuel of grade number 2” defined. “Diesel fuel of grade number 2” means a distillate from gas oil which is of low volatility and used in high-speed diesel engines generally operated under uniform speed and load. The term includes diesel fuel of the type “R-R,”…

NRS 445C.200 “Discharge” defined. “Discharge” means any release, leaking or spilling from a storage tank into water or soil, unless the discharge is authorized by state or federal law. (Added to NRS by 2015, 3602)

NRS 445C.210 “Division” defined. “Division” means the Division of Environmental Protection of the State Department of Conservation and Natural Resources. (Added to NRS by 2015, 3602)

NRS 445C.220 “Fund” defined. “Fund” means the Fund for Cleaning Up Discharges of Petroleum. (Added to NRS by 2015, 3602)

NRS 445C.230 “Heating oil” defined. “Heating oil” means diesel fuel of grade number 1 or 2 or any other form of petroleum used in an oil-fired furnace or boiler for space heating. (Added to NRS by 2015, 3602)

NRS 445C.240 “Motor vehicle fuel” defined. “Motor vehicle fuel” has the meaning ascribed to it in NRS 365.060. (Added to NRS by 2015, 3602)

NRS 445C.250 “Operator” defined. “Operator” means a person who: 1. Owns, controls or is responsible for the operation and management of a storage tank or a discharge from a storage tank; 2. Previously owned, controlled or was responsible for the operation and management of a stor…

NRS 445C.260 “Person” defined. “Person” includes the United States, this State, and any agency or political subdivision of this State. (Added to NRS by 2015, 3602)

NRS 445C.270 “Petroleum” defined. “Petroleum” means crude oil or any fraction thereof which is liquid at a temperature of 60 degrees Fahrenheit and a pressure of 14.7 pounds per square inch absolute. (Added to NRS by 2015, 3602)

NRS 445C.280 “Storage tank” defined. “Storage tank” means any tank, and the distribution piping associated with the tank, used to store petroleum, except petroleum for use in a chemical process. (Added to NRS by 2015, 3602; A 2021, 1863)

NRS 445C.290 Legislative findings. The Legislature finds that: 1. Protection of this State’s environment, particularly its supplies of water, requires the prompt cleaning up of any discharge of petroleum from a storage tank. 2. Federal law and regulations require each operator of…

NRS 445C.300 Board to Review Claims: Creation; members; Chair; administrative assistance; compensation of members. 1. The Board to Review Claims is hereby created in the Division. The Board consists of: (a) The Administrator of the Division; (b) The Director of the Department; (c…

NRS 445C.310 Fund for Cleaning Up Discharges of Petroleum: Creation; administration by Division; adoption of regulations by Board; claims; grant program to assist in defraying cost of preventing discharges; program of assistance to assist in complying with laws relating to storag…

NRS 445C.320 Fund for Cleaning Up Discharges of Petroleum: Expenditures for certain discharges; limitations; reimbursement. Notwithstanding any provision of NRS 445C.150 to 445C.410, inclusive, to the contrary, and except as otherwise provided in this section: 1. The Division may…

NRS 445C.330 Collection of fee for certain fuels and heating oil; exempt products; payment of expenses of Department. 1. Except as otherwise provided in subsection 2, the Department shall collect for deposit in the Fund a fee of 0.75 cent for each gallon of motor vehicle fuel, di…

NRS 445C.340 Registration of storage tanks: Collection of annual fee; exempt tanks; reimbursement and other liability for noncompliance. 1. Except as otherwise provided in subsection 2, the Division shall collect for deposit in the Fund an annual fee not to exceed $100, set by th…

NRS 445C.350 Transfer of portion of ending balance in Fund to certain accounts. If the balance in the Fund for Cleaning Up Discharges of Petroleum at the end of any fiscal year is estimated at $7,500,000 or more, the Department shall transfer: 1. An amount requested by the State …

NRS 445C.360 Report of discharge from tank required; cleanup of discharge; demonstration required for certain coverage for cleanup. 1. The operator of every storage tank, and every person who for compensation puts petroleum into a storage tank, shall report to the Division every …

NRS 445C.370 Allocation of costs resulting from discharge from certain storage tanks for heating oil. The costs resulting from a discharge from a storage tank which has a capacity of 1,100 gallons or less and is used to store heating oil for consumption on the same premises where…

NRS 445C.380 Allocation of costs resulting from discharge from other storage tanks; additional allotments from Fund; requirement to hold public hearings under certain circumstances. 1. If the costs resulting from a discharge from any other storage tank exceed $5,000, the costs mu…

NRS 445C.390 Liability for costs to clean up discharge caused by willful or wanton misconduct, gross negligence or violation of statute or regulation. 1. Any person who, through willful or wanton misconduct, through gross negligence or through violation of any applicable statute …

NRS 445C.400 Pro rata reduction if balance of Fund insufficient for full payment. If the balance in the Fund is insufficient to pay in full all amounts payable from it under NRS 445C.150 to 445C.410, inclusive, these amounts must be reduced pro rata and the amounts so withheld mu…

NRS 445C.410 Storage tanks exempted from certain provisions; optional coverage of exempted tank. 1. Except as otherwise specifically provided in NRS 445C.320, the provisions of NRS 445C.340 to 445C.400, inclusive, do not apply to any storage tank which: (a) Contains petroleum bei…