Title 40

NRS 459.515 Construction, alteration or operation of facility without permit unlawful; exception. 1. It is unlawful for any person to: (a) Construct, substantially alter or operate any facility for the management of hazardous waste; or (b) Manage any hazardous waste, Ê unless the…

NRS 459.520 Regulations governing permits. 1. The Commission shall adopt regulations: (a) Establishing the types of facilities for the management of hazardous waste which must obtain a permit; and (b) For the granting, renewal, modification, suspension, revocation and denial of s…

NRS 459.525 Financial responsibility of owner or operator of facility; claim against insurer, guarantor, surety or other person providing evidence of financial responsibility. 1. The Commission shall adopt regulations: (a) Establishing the types of facilities for the management o…

NRS 459.530 Account for Management of Hazardous Waste: Creation; source; separate accounting for certain fees collected. 1. All proceeds from agreements entered into pursuant to NRS 459.505, all application fees collected pursuant to NRS 459.634, all reimbursements and penalties …

NRS 459.535 Account for Management of Hazardous Waste: Use. 1. Except as otherwise provided in NRS 459.537 and subsection 2 of this section, the money in the Account for the Management of Hazardous Waste may be expended only to pay the costs of: (a) The continuing observation or …

NRS 459.537 Account for Management of Hazardous Waste: Payment of costs of responding to leak, spill, accident or motor vehicle crash; reimbursement; action by Attorney General. 1. If the person responsible for a leak or spill of or an accident or motor vehicle crash involving ha…

NRS 459.540 Condition in permit specifying time allowed for completion of modification. When the Department receives an application for a permit to carry out modifications to an existing facility or finds that modifications are necessary to enable the owner or operator of a new f…

NRS 459.545 Substitution of equivalent standards of protection. 1. Except as otherwise provided in subsection 3, the Commission may by regulation adopt a procedure under which an applicant or holder of a permit may demonstrate that a standard he or she proposes would offer protec…

NRS 459.546 Variances: Conditions and criteria for granting; revocation. 1. Except as otherwise provided in subsection 4, the owner or operator of a facility for the management of hazardous waste or a person who wishes to construct such a facility may apply to the Commission for …

NRS 459.547 Variances: Renewal; protest and hearing on application for renewal. 1. A variance may be renewed only under circumstances and upon conditions which would justify its original granting. 2. An application for a renewal of a variance must be made at least 60 days before …

NRS 459.548 Variances: Regulations governing applications; fees. 1. The Commission may adopt regulations governing applications for variances. 2. The regulations may include, but are not limited to: (a) The contents of the application; and (b) The period for which a variance may …

NRS 459.549 Variances: Granting and renewal discretionary. No applicant is entitled to the granting or renewal of a variance as of right. (Added to NRS by 1989, 1456)

NRS 459.550 Records and reports. 1. The Commission shall adopt regulations which require licensees to keep records and submit reports on hazardous waste and which prescribe procedures for: (a) Installing, calibrating, using and maintaining monitoring equipment or other methods fo…

NRS 459.555 Disclosure of public and confidential information. 1. Except as otherwise provided in this section, information which the Department obtains in the course of the performance of its duties relating to hazardous waste is public information. 2. Except as otherwise provid…

NRS 459.558 Applicability of NRS 459.560 and 459.565. 1. The provisions of NRS 459.560 and 459.565 that concern hazardous substances do not apply: (a) To mining or agricultural activities; or (b) To other facilities or locations where the quantity of any one hazardous substance a…

NRS 459.560 Inspections. Any authorized representative or employee of the Commission or the Department may, for the purpose of carrying out his or her duties pursuant to NRS 459.400 to 459.600, inclusive, or to enforce a regulation adopted pursuant to those sections: 1. Enter any…

NRS 459.565 Action to prevent practice or act which constitutes hazard to human health, public safety or environment. 1. If the Department receives information that the management of any waste or hazardous substance may present an imminent and substantial hazard to human health, …

NRS 459.570 Order to prevent act or practice which violates NRS 459.400 to 459.560, inclusive. Whenever the Director finds that any person is engaging or has engaged in any act or practice which violates any provision of NRS 459.400 to 459.560, inclusive, or a regulation adopted …

NRS 459.573 Lien on property for certain costs and deficiencies; perfection; notice; maximum amount; release; foreclosure; suit by Attorney General. 1. The Department may lien all real and personal property, tangible and intangible, associated with a facility for the management o…

NRS 459.575 Subpoenas. In carrying out the provisions of NRS 459.400 to 459.560, inclusive, the Commission, the Department and the Attorney General may by subpoena require the attendance and testimony of witnesses and the production of reports, papers, documents and other evidenc…

NRS 459.580 Injunctive relief. 1. The Director may seek an injunction in district court to prevent the occurrence or continuance of any act or practice which violates any provision of NRS 459.400 to 459.560, inclusive, or any regulation adopted or permit or order issued pursuant …

NRS 459.585 Civil penalties; damages; injunction. 1. Any person who violates or contributes to a violation of any provision of NRS 459.400 to 459.560, inclusive, 459.590 or of any regulation adopted or permit or order issued pursuant to those sections, or who does not take action…

NRS 459.590 Unlawful transportation of hazardous waste. It is unlawful for any person to transport hazardous waste: 1. Without a manifest that complies with regulations adopted by the Commission; 2. That does not conform to the description of the waste specified in the manifest; …

NRS 459.595 False statement, representation or certification; tampering with device. Any person who: 1. Knowingly makes any false statement, representation or certification on any application, record, report, manifest, plan or other document filed or required to be maintained by …

NRS 459.600 Operation without permit or in violation of condition of permit or order; disposal or discharge of hazardous waste in unauthorized manner; penalty. A person who, intentionally or with criminal negligence: 1. Violates NRS 459.590, subsection 1 of NRS 459.515 or any ter…

NRS 459.610 Definitions. As used in NRS 459.610 to 459.658, inclusive, unless the context otherwise requires, the words and terms defined in NRS 459.612 to 459.630, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 1999, 2689)

NRS 459.612 “Administrator” defined. “Administrator” means the Administrator of the Division. (Added to NRS by 1999, 2689)

NRS 459.614 “Commission” defined. “Commission” means the State Environmental Commission. (Added to NRS by 1999, 2689)

NRS 459.616 “Division” defined. “Division” means the Division of Environmental Protection of the State Department of Conservation and Natural Resources. (Added to NRS by 1999, 2689)

NRS 459.618 “Eligible property” defined. “Eligible property” means real property located in this State that: 1. Except as otherwise provided in NRS 459.632, is not: (a) Listed, proposed for listing or eligible for listing on the National Priorities List contained in Appendix B of…

NRS 459.620 “Hazardous substance” defined. “Hazardous substance” means a substance or combination of substances whose presence gives rise to liability or potential liability on the part of an owner or operator pursuant to NRS 459.537 or 42 U.S.C. § 9607(a). (Added to NRS by 1999,…

NRS 459.622 “Participant” defined. “Participant” means a person whose application to participate in the program has been approved by the Administrator. (Added to NRS by 1999, 2689)

NRS 459.624 “Program” defined. “Program” means voluntary cleanup and relief from liability pursuant to NRS 459.610 to 459.658, inclusive. (Added to NRS by 1999, 2689)

NRS 459.626 “Prospective purchaser” defined. “Prospective purchaser” means a person who is not a responsible party and who has entered into a contract, or holds an option, to purchase an eligible property for its fair market value in a transaction at arm’s length. (Added to NRS b…

NRS 459.628 “Remedial agreement” defined. “Remedial agreement” means an agreement between a participant and the Division specifying the action to be taken to remove or remedy hazardous substances present on an eligible property. (Added to NRS by 1999, 2690)

NRS 459.630 “Responsible party” defined. “Responsible party” means: 1. A current or former owner or operator of a site or facility who caused or contributed to the release of a hazardous substance at the site or facility; and 2. A generator or transporter of a hazardous substance…

NRS 459.632 Certain real property deemed to be eligible property. Real property located in this State that is listed, proposed for listing or eligible for listing on the National Priorities List contained in Appendix B of Part 300 of Title 40 of the Code of Federal Regulations or…

NRS 459.634 Application for participation in program; action by Administrator on application. 1. A responsible party with respect to an eligible property, or a prospective purchaser of an eligible property may apply to participate in the program. The application must be made to t…

NRS 459.636 Submission of remedial agreement for approval; prerequisites to approval; explanation of disapproval. 1. After an application is approved, the participant shall submit a remedial agreement to the Administrator for the Administrator’s approval. 2. The Administrator sha…

NRS 459.638 Certification of completion of remedial agreement; issuance, contents and recordation of certificate of completion; explanation of failure to issue certificate. 1. After a participant has completed the action specified in his or her remedial agreement for the removal …

NRS 459.640 Effect of certificate of completion: Relief from liability. 1. Except as otherwise provided in NRS 459.642, the holder of a certificate of completion issued by the Administrator is not a responsible party with respect to a release of a hazardous substance occurring on…

NRS 459.642 Effect of certificate of completion: Limitations on relief from liability. The holder of a certificate of completion is not released from liability: 1. If the holder obtained approval of his or her application, approval of his or her remedial agreement or issuance of …

NRS 459.644 Effect of certificate of completion: Applicability to persons other than original holder. 1. The relief from liability provided by NRS 459.640 extends to another person who: (a) Purchases or leases the property to which the certificate of completion relates; or (b) Ac…

NRS 459.646 Limitations on liability of lenders and persons with security interest in property. 1. A person who, without participating in the management of a parcel of real property, holds or is the beneficiary of evidence of title to the property primarily to protect a security …

NRS 459.648 Limitations on liability of prospective purchasers. A prospective purchaser is not a responsible party solely as the result of: 1. Conducting an environmental assessment of real property; 2. Contracting to purchase, or acquiring an option to purchase, real property; 3…

NRS 459.650 Action against responsible party by holder of certificate of completion or seller of property. 1. The holder of a certificate of completion may maintain an action against a responsible party to recover the holder’s costs of performing removal or remediation of a hazar…