Title 40

NRS 459.775 Unlawful acts: Misdemeanors. Any person who: 1. Transports a hazardous material in a motor vehicle without the permit required pursuant to NRS 459.7052; 2. Transports a hazardous material in a motor vehicle that has not been inspected pursuant to any regulations of th…

NRS 459.780 Unlawful acts: Gross misdemeanors. Any person who: 1. Allows the use of a permit required pursuant to NRS 459.7052 by a person not entitled thereto; 2. Uses a permit required pursuant to NRS 459.7052 to which the person is not entitled; 3. Alters, forges or counterfei…

NRS 459.790 “Hazardous material” defined. As used in NRS 459.790 to 459.796, inclusive, unless the context otherwise requires, “hazardous material” has the meaning ascribed to it in NRS 459.7024, and includes any other substance which is regulated pursuant to this chapter. (Added…

NRS 459.792 Scope of immunity: State Emergency Response Commission; local emergency planning committees; persons providing equipment, advice or other assistance. 1. The State Emergency Response Commission, each local emergency planning committee appointed by the Commission, and t…

NRS 459.794 Exclusions from immunity: Damages from gross negligence or misconduct; persons causing discharge; persons receiving compensation for assistance. The immunity provided by subsection 2 of NRS 459.792 does not apply to: 1. Damages resulting from the person’s gross neglig…

NRS 459.796 Prerequisites for immunity: Persons providing equipment, advice or other assistance. A person is entitled to immunity under subsection 2 of NRS 459.792 only if: 1. In the case of one furnishing advice or assistance, the person is qualified by training, education or ex…

NRS 459.800 Definitions. As used in NRS 459.800 to 459.856, inclusive, unless the context otherwise requires, the words and terms defined in NRS 459.802 to 459.820, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 1989, 769; A 1993, 208)

NRS 459.802 “Commission” defined. “Commission” means the State Environmental Commission. (Added to NRS by 1989, 770)

NRS 459.804 “Department” defined. “Department” means the State Department of Conservation and Natural Resources. (Added to NRS by 1989, 770)

NRS 459.806 “Director” defined. “Director” means the Director of the Department. (Added to NRS by 1989, 770)

NRS 459.808 “Division” defined. “Division” means the Division of Environmental Protection of the Department. (Added to NRS by 1989, 770)

NRS 459.810 “Operator” defined. “Operator” means any person in control of, or having responsibility for, the daily operation of a storage tank. (Added to NRS by 1989, 770)

NRS 459.812 “Owner” defined. “Owner” means any person who owns: 1. An underground storage tank used to store or dispense regulated substances after November 8, 1984, or if the use of the tank was discontinued before that date, the last person to own such a tank before its use was…

NRS 459.814 “Person” defined. “Person” includes an agency of the Federal Government, any state and its local governments. (Added to NRS by 1989, 770)

NRS 459.816 “Regulated substance” defined. “Regulated substance” means: 1. Any petroleum substance or chemical regulated by the federal Resource Conservation and Recovery Act of 1976 (42 U.S.C. §§ 6901 et seq.), that is contained in a storage tank, except that the term does not i…

NRS 459.818 “Release” defined. “Release” means the spilling, leaking, emitting, discharging, escaping, leaching or disposing from a storage tank into groundwater, surface water or surface or subsurface soils. (Added to NRS by 1989, 770)

NRS 459.820 “Storage tank” defined. “Storage tank” means any one or combination of stationary tanks, including pipes connected thereto, used to contain and accumulate regulated substances. The term includes only: 1. Underground storage tanks that are regulated pursuant to the fed…

NRS 459.822 Department designated as state agency for regulation of storage tanks. The Department is hereby designated to act as the state agency for the purpose of federal laws and regulations governing storage tanks and it may take any action necessary to secure the benefits of…

NRS 459.824 Duties of Director. The Director shall: 1. Administer the provisions of NRS 459.800 to 459.856, inclusive, in a manner that is consistent with, and not more stringent than, the applicable provisions of federal law; 2. Advise, consult and cooperate with other agencies …

NRS 459.825 Coordination of fees, regulations and forms; duties of regulatory agencies. 1. The Commission shall coordinate: (a) The collection of fees related to storage tanks; (b) The adoption of regulations governing storage tanks; and (c) The standardization of forms used by t…

NRS 459.826 Regulations of Commission: General requirements. The Commission shall adopt regulations to carry out the provisions of NRS 459.800 to 459.856, inclusive. Those regulations must be based upon studies, guidelines and regulations of the Federal Government and must: 1. Se…

NRS 459.828 Owner or operator of storage tank to provide Department with certain information. The owner or operator of a storage tank shall notify the Department as required by regulations of the Commission, of the existence, size, location, age, type, uses and name of the owner …

NRS 459.830 Regulations of Commission: Standards of performance. The Commission shall adopt regulations which set forth standards of performance for: 1. Storage tanks brought into use on or after the effective date of such standards. The standards must address the: (a) Design; (b…

NRS 459.832 Regulations of Commission: Closure, removal, disposal and management of storage tanks. The Commission shall adopt regulations: 1. Establishing requirements for the closure of a storage tank or the removal or disposal of a storage tank to prevent future releases of reg…

NRS 459.834 Regulations of Commission regarding corrective action, evidence of financial responsibility; determination of whether corrective action is required. 1. The Commission shall by regulation establish requirements for: (a) Corrective action to be taken in response to a re…

NRS 459.836 Permits to operate storage tanks: Regulations; terms and conditions; fee. 1. The Commission may by regulation set forth a procedure for the granting, renewal, modification, suspension, revocation and denial of permits to operate storage tanks. 2. Permits may contain t…

NRS 459.838 Account for Management of Storage Tanks: Creation; sources; claims. All fees collected for the issuance of permits to operate storage tanks, if such permits are required, and all reimbursements and penalties recovered pursuant to NRS 459.840 to 459.856, inclusive, mus…

NRS 459.840 Account for Management of Storage Tanks: Use; reimbursement; action by Attorney General. 1. Except as otherwise provided in subsections 2 and 3, money in the Account for the Management of Storage Tanks may only be expended for the continuing observation or other manag…

NRS 459.842 Enforcement by Department; delegation of responsibility. The Department shall enforce the provisions of NRS 459.800 to 459.856, inclusive, or any regulations adopted pursuant to those sections, but may delegate responsibility for enforcing those provisions to suitably…

NRS 459.844 Subpoenas. In carrying out the provisions of NRS 459.800 to 459.856, 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 459.846 Disclosure of information obtained by Department. 1. Except as otherwise provided in this section, information which the Department obtains in the course of the performance of its duties relating to storage tanks is public information. 2. Except as otherwise provided …

NRS 459.848 Authority to enter and inspect. 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 459.800 to 459.856, inclusive, or to enforce a regulation adopted pursuant to those sec…

NRS 459.850 Action to alleviate hazard to human health, public safety or environment. If the Department receives information that the operation of a storage tank presents an imminent and substantial hazard to human health, public safety or the environment, it may: 1. Issue an ord…

NRS 459.852 Order for corrective action. Whenever the Director finds that any person is engaging or has engaged in any act or practice which violates any provision of NRS 459.800 to 459.856, inclusive, or a regulation adopted pursuant to those sections or any term or condition of…

NRS 459.854 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 459.800 to 459.856, inclusive, or any regulation adopted or permit or order issued pursuant …

NRS 459.856 Civil penalties; damages; injunction. 1. Any person who violates or contributes to a violation of any provision of NRS 459.800 to 459.856, inclusive, or of any regulation adopted or permit or order issued pursuant to those sections, or who does not take action to corr…

NRS 459.860 Definitions. As used in NRS 459.860 to 459.892, inclusive, unless the context otherwise requires, the words and terms defined in NRS 459.862 to 459.876, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 2003, 397)

NRS 459.862 “Administrator” defined. “Administrator” means the Administrator of the Division. (Added to NRS by 2003, 397)

NRS 459.864 “Brownfield project” defined. “Brownfield project” means a project for the remediation of a brownfield site for future or alternative use. (Added to NRS by 2003, 397)

NRS 459.866 “Brownfield site” defined. “Brownfield site” has the meaning ascribed to it in 42 U.S.C. § 9601. (Added to NRS by 2003, 397)

NRS 459.868 “Brownfields Restoration Act” defined. “Brownfields Restoration Act” means the Small Business Liability Relief and Brownfields Revitalization Act, Public Law 107-118. (Added to NRS by 2003, 397)

NRS 459.870 “Commission” defined. “Commission” means the State Environmental Commission. (Added to NRS by 2003, 397)

NRS 459.872 “Division” defined. “Division” means the Division of Environmental Protection of the State Department of Conservation and Natural Resources. (Added to NRS by 2003, 397)

NRS 459.874 “Federal grant” defined. “Federal grant” means money authorized by 42 U.S.C. § 9604(k) to create a revolving fund to finance the costs of brownfield projects. (Added to NRS by 2003, 397)

NRS 459.876 “Fund” defined. “Fund” means the Fund for Brownfield Projects created pursuant to NRS 459.878. (Added to NRS by 2003, 397)

NRS 459.878 Creation; use of money; payment of claims; acceptance of gifts, appropriations, contributions, grants and bequests. 1. The Fund for Brownfield Projects is hereby created in the State Treasury as a revolving fund, to be administered by the Division. 2. Money in the Fun…