Title 40

NRS 459.670 Definitions. As used in NRS 459.670 to 459.684, inclusive, the words and terms defined in NRS 459.672 to 459.678, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 2021, 480; A 2025, 489)

NRS 459.672 “Class B firefighting foam” defined. “Class B firefighting foam” means a foam designed to extinguish flammable liquid fires. (Added to NRS by 2021, 480)

NRS 459.674 “Class B firefighting foam that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances” defined. “Class B firefighting foam that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances” means Class B firefighting foam containing …

NRS 459.676 “Division” defined. “Division” means the Division of Environmental Protection of the State Department of Conservation and Natural Resources. (Added to NRS by 2021, 480)

NRS 459.678 “Perfluoroalkyl and polyfluoroalkyl substances” defined. “Perfluoroalkyl and polyfluoroalkyl substances” means a class of fluorinated organic chemicals that contain at least one fully fluorinated carbon atom. (Added to NRS by 2021, 480)

NRS 459.680 Inapplicability of certain provisions where preempted by or in conflict with federal law. The provisions of NRS 459.682 and 459.684 do not apply to the extent that those provisions are preempted by or conflict with federal law, including, without limitation, any provi…

NRS 459.682 Prohibition on discharge, use or release; exception; penalty. 1. Except as otherwise provided in this section and NRS 459.680, a person, political subdivision, local government or state or local agency shall not discharge, use or release, or allow its employees or ind…

NRS 459.684 Reporting of discharge, use or release. Except as otherwise provided in NRS 459.680, any person, political subdivision, local government or state or local agency who discharges, uses or releases, or allows its employees or independent contractors to discharge, use or …

NRS 459.686 Working group to study issues relating to environmental contamination: Establishment; composition; duties; members serve without compensation. Repealed. (See chapter 88, Statutes of Nevada 2025, at page 492.) HANDLING OF HAZARDOUS MATERIALS General Provisions

NRS 459.700 Definitions. As used in NRS 459.700 to 459.780, inclusive, unless the context otherwise requires, the words and terms defined in NRS 459.7005 to 459.7032, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 1987, 1750; A 1989, 278; 1991, …

NRS 459.7005 “Base state” defined. “Base state” means a participating state designated by a motor carrier pursuant to the uniform program as the base state of the motor carrier. (Added to NRS by 1999, 3344)

NRS 459.701 “Commission” defined. “Commission” means the State Emergency Response Commission. (Added to NRS by 1993, 845)

NRS 459.7016 “Department” defined. “Department” means the Department of Public Safety. (Added to NRS by 1993, 845; A 2001, 2626)

NRS 459.7018 “Director” defined. “Director” means the Director of the Department of Public Safety. (Added to NRS by 1993, 845; A 2001, 2627)

NRS 459.702 “Division” defined. “Division” means the Nevada Highway Patrol Division of the Department of Public Safety. (Added to NRS by 1993, 845; A 2001, 2627)

NRS 459.7022 “Extremely hazardous material” defined. “Extremely hazardous material” means any material or combination of materials listed in Appendix A or B of Part 355 of Title 40 of the Code of Federal Regulations. (Added to NRS by 1993, 845)

NRS 459.7024 “Hazardous material” defined. “Hazardous material” means any substance or combination of substances, including any hazardous material, hazardous waste, hazardous substance or marine pollutant: 1. Of a type and amount for which a vehicle transporting the substance mus…

NRS 459.7025 “Motor carrier” defined. “Motor carrier” means a person who owns or operates one or more motor vehicles used to transport a hazardous material. (Added to NRS by 1999, 3344)

NRS 459.70255 “Participating state” defined. “Participating state” means a state that has entered into a reciprocal agreement with this State to participate in the uniform program. (Added to NRS by 1999, 3344)

NRS 459.7026 “Person” defined. “Person” includes any agency or political subdivision of this State. (Added to NRS by 1993, 845)

NRS 459.703 “Uniform application” defined. “Uniform application” means an application to register and obtain a permit for the transportation of hazardous materials pursuant to the uniform program. (Added to NRS by 1999, 3344)

NRS 459.7032 “Uniform program” defined. “Uniform program” means the program established pursuant to 49 U.S.C. § 5119 to regulate the transportation of hazardous materials. (Added to NRS by 1999, 3344)

NRS 459.704 Coordination of fees, forms and regulations; duties of regulatory agencies. 1. The Commission is the state agency responsible for coordinating: (a) The collection of fees relating to hazardous materials; (b) The standardization of forms for reporting information relat…

NRS 459.7052 Registration and permit required for transportation by motor carrier. Except as otherwise provided in NRS 482.2912 or required by federal law, before transporting a hazardous material upon a public highway of this State, a motor carrier shall register with and obtain…

NRS 459.7054 Uniform application: Information required. Except as otherwise required by federal law, a motor carrier who is required to register with and obtain a permit from the Department pursuant to NRS 459.7052: 1. Except as otherwise provided in subsection 2, is not required…

NRS 459.7056 Uniform application: Confidentiality and disclosure of information provided. 1. Except as otherwise provided in subsection 2 or NRS 239.0115 or required by federal law, the following information is confidential when provided to the Department on a uniform application…

NRS 459.7058 Denial, suspension or revocation of registration and permit: Grounds; procedure. 1. Except as otherwise required by federal law, the Department shall immediately suspend or revoke the registration and permit for the transportation of hazardous materials, or deny the …

NRS 459.706 Motor carriers: Prerequisites to issuance of permit to transport radioactive waste; assessment for investigation, inspection or audit outside of State. 1. The Department shall not issue a permit required pursuant to NRS 459.7052 to a motor carrier who is seeking to tr…

NRS 459.708 Motor carriers: Rejection of and liability for certain packages of radioactive waste. 1. A motor carrier who is transporting radioactive waste shall reject any package containing the waste which is tendered to the motor carrier for transport in this State if the packa…

NRS 459.709 Motor carriers: Prerequisites to transportation of high-level radioactive waste or spent nuclear fuel. 1. A motor carrier shall not transport any high-level radioactive waste or spent nuclear fuel upon a public highway of this State unless: (a) The high-level radioact…

NRS 459.712 Inspections, investigations and reproduction of records: Authority of Department; regulations. 1. Except as otherwise required by federal law, an authorized agent of the Department may: (a) Conduct any examination or inspection of a motor vehicle or facility; (b) Cond…

NRS 459.715 Repository for Information Concerning Hazardous Materials in Nevada. 1. The Repository for Information Concerning Hazardous Materials in Nevada is hereby created within the Division. 2. The Commission shall coordinate the collection of information for the Repository a…

NRS 459.718 Notification of Division regarding certain accidents, motor vehicle crashes or incidents. 1. A person responsible for the care, custody or control of a hazardous material which is involved in an accident, motor vehicle crash or incident occurring during the transporta…

NRS 459.721 Duties of Director: Regulations for participation in uniform program. The Director shall adopt regulations for the participation of this State in the uniform program. The regulations adopted pursuant to this section must be consistent with, and equivalent in scope, co…

NRS 459.725 Powers and duties of Director: Administration of provisions; regulations; agreements. 1. The Director is responsible for administering the provisions of NRS 459.7052 to 459.728, inclusive, and, subject to the limitations contained in those provisions, may adopt such r…

NRS 459.727 Provisions inapplicable to transportation by governmental vehicle. Except as otherwise required by federal law, the provisions of NRS 459.7052 to 459.728, inclusive, and the regulations adopted pursuant thereto do not apply to the transportation of a hazardous materia…

NRS 459.728 Provisions supersede and preempt local regulation of transportation; exceptions. 1. Except as otherwise provided in subsection 2, the provisions of NRS 459.7052 to 459.728, inclusive, and the regulations adopted pursuant thereto supersede and preempt any ordinance or …

NRS 459.735 Contingency Account for Hazardous Materials. 1. The Contingency Account for Hazardous Materials is hereby created in the State General Fund. 2. The Commission shall administer the Contingency Account for Hazardous Materials. Except as otherwise provided in subsection …

NRS 459.738 Creation of Commission; appointment and terms of members; appointment of Chair or Co-Chairs; employment of staff. 1. The State Emergency Response Commission is hereby created for the purpose of carrying out the provisions of 42 U.S.C. §§ 11001 et seq. and other matter…

NRS 459.740 Adoption of regulations; acceptance of gifts and grants of money and other revenues. The Commission may: 1. Adopt regulations for the purpose of enforcing its responsibilities pursuant to 42 U.S.C. §§ 11001 et seq. 2. Accept gifts and grants of money and other revenue…

NRS 459.742 Powers of Commission. The Commission, in carrying out its duties and within the limits of legislative appropriations and other available money, may: 1. Enter into contracts, leases or other agreements or transactions; 2. Provide grants of money to local emergency plan…

NRS 459.744 Establishment and payment of fees. The Commission shall establish by regulation: 1. A schedule of fees for its services and regulatory activities. The fees must be set at an amount which approximates the cost to the Commission of performing those services and activiti…

NRS 459.748 Definitions. As used in NRS 459.750 to 459.770, inclusive: 1. “Does not act promptly and appropriately” means that the person: (a) Cannot be notified of the incident within 2 hours after the initial attempt to contact the person; (b) Does not, within 2 hours after rec…

NRS 459.750 Responsibility for cleaning and decontamination of area affected by spill, accident or motor vehicle crash. Any person who possessed or had in his or her care any hazardous material involved in a spill, accident or motor vehicle crash requiring the cleaning and decont…

NRS 459.755 Use of Contingency Account for Hazardous Materials to pay for costs of cleaning and decontamination of area affected by spill, accident or motor vehicle crash. If the person responsible for hazardous material involved in a spill, accident or motor vehicle crash does n…

NRS 459.760 Reimbursement of expenses of responding state agency; reporting of need for additional funding; action by Attorney General. 1. Except as otherwise provided in this subsection, any state agency accruing expenses in responding to a spill of or an accident or motor vehic…