Title 40

NRS 459.3814 Applicability of statutory provisions: Excluded activities. The provisions of NRS 459.380 to 459.3874, inclusive, do not apply to: 1. The transportation of any hazardous substances within or through this State which is regulated by the State or the United States Depa…

NRS 459.3816 Designation of highly hazardous substances and explosives: Regulations; amendment. 1. The State Environmental Commission shall adopt regulations: (a) Designating a list of highly hazardous substances, including, without limitation, any chemical, the release of which …

NRS 459.3818 State Environmental Commission to adopt regulations; Division to administer and enforce statutory provisions and regulations; involvement of interested persons; applicability of statutory provisions to dealers of liquefied petroleum gas. 1. In addition to the regulat…

NRS 459.3819 Inspections by state and local agencies of facilities where explosives are manufactured, used, processed, handled, moved on-site or stored. 1. The Division shall enter into cooperative agreements with state and local agencies to provide inspections of facilities wher…

NRS 459.38195 Investigation of certain accidents and motor vehicle crashes: Powers and duties of Division; duty of owner or operator of facility to cooperate. 1. The Division may investigate an accident or a motor vehicle crash occurring in connection with a process that involves…

NRS 459.382 Reports of regulatory agencies; review of requirements of regulatory agencies; final authority of Division of Environmental Protection. 1. The Division of Public and Behavioral Health of the Department of Human Services, the Division of Industrial Relations of the Dep…

NRS 459.3822 Records, reports and other information of facility: Submission by owner or operator of facility; availability for public inspection; confidentiality of information protected as trade secret; regulations. 1. The owner or operator of a facility shall, upon request, sub…

NRS 459.3824 Annual fees; Account for Precaution Against Chemical Accidents. 1. The owner or operator of a facility shall pay to the Division an annual fee based on the fiscal year. The annual fee for each facility is the sum of a base fee set by the State Environmental Commissio…

NRS 459.3829 Permits to construct or commence operation of new process: Requirements; application; regulations; fee. 1. No owner or operator of a facility may commence construction or operation of any new process that will be subject to regulation pursuant to NRS 459.380 to 459.3…

NRS 459.3832 Regulations concerning certification of records, reports and information submitted to Division; requirements for signature on certification. 1. The State Environmental Commission shall adopt regulations setting forth: (a) The records, reports and information submitte…

NRS 459.3833 Program to prevent and minimize consequences of accidental release of hazardous substance: Delegation of authority and grant of money from Federal Government; regulations. 1. The State Department of Conservation and Natural Resources may, in accordance with the autho…

NRS 459.3834 Unlawful acts; penalties. 1. A person shall not knowingly: (a) Violate any provision of NRS 459.380 to 459.3874, inclusive, or any regulation adopted pursuant thereto; (b) Make any false material statement, representation or certification in any required form, notice…

NRS 459.3862 “Committee” defined. As used in NRS 459.3862 to 459.3868, inclusive, unless the context otherwise requires, “Committee” means a Committee to Oversee the Management of Risks, created pursuant to NRS 459.3864. (Added to NRS by 1991, 2006)

NRS 459.3864 Creation; appointment of members; appointment of chair and co-chair; resources. 1. When there is an accident or motor vehicle crash which poses a significant danger to public health and safety, or a near accident or motor vehicle crash of this nature, in a facility o…

NRS 459.3866 Receipt of records and documents; subpoena; informal inquiries; confidentiality of trade secret or information; inspection of facility; Attorney General is counsel for committee; authorization to make recommendations to reviewing authority. 1. After giving reasonable…

NRS 459.3868 Duties. 1. A committee shall conduct a comprehensive review and evaluation of the following with respect to each facility within its jurisdiction: (a) The degree of compliance with NRS 459.380 to 459.3874, inclusive, the applicable fire codes, the regulations, standa…

NRS 459.387 Entry into facility to verify compliance with statutory requirements and regulations; issuance of order. 1. The Division may enter any facility: (a) During normal business hours; and (b) At any other time if there is probable cause to believe that a violation of any o…

NRS 459.3872 Injunctive relief; levy of civil administrative penalty; notice of levy of penalty; request for hearing; payment of penalty. 1. If any person violates any of the provisions of NRS 459.380 to 459.3834, inclusive, or 459.387, or any regulation or order adopted or issue…

NRS 459.3874 Amount of civil administrative penalties; settlement of claim; imposition of civil penalty. 1. The civil administrative penalties are: Category of Offense Penalty in U.S. Dollars A. Failure to register a new or existing facility:............... $25,000 plus $2,000 pe…

NRS 459.400 Purpose. The purposes of NRS 459.400 to 459.600, inclusive, are to: 1. Protect human health, public safety and the environment from the effects of improper, inadequate or unsound management of hazardous waste; 2. Establish a program for regulation of the management of…

NRS 459.405 Definitions. As used in NRS 459.400 to 459.600, inclusive, unless the context otherwise requires, the words and terms defined in NRS 459.410 to 459.455, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 1981, 880; A 1989, 1489; 1991, 84…

NRS 459.410 “Commission” defined. “Commission” means the State Environmental Commission. (Added to NRS by 1981, 880)

NRS 459.415 “Department” defined. “Department” means the State Department of Conservation and Natural Resources. (Added to NRS by 1981, 880)

NRS 459.420 “Director” defined. “Director” means the Director of the Department. (Added to NRS by 1981, 880)

NRS 459.425 “Disposal” defined. “Disposal” means the discharge, deposit, injection, dumping, spilling, leaking or placing of any hazardous waste into or on any land or water in a manner which might allow the hazardous waste or any constituent thereof to enter the environment, be …

NRS 459.428 “Hazardous material” defined. “Hazardous material” has the meaning ascribed to it in NRS 459.7024. (Added to NRS by 1989, 1488; A 1993, 847; 1999, 3349)

NRS 459.429 “Hazardous substance” defined. “Hazardous substance” includes, without limitation, hazardous material, a regulated substance, a pollutant and a contaminant. (Added to NRS by 1991, 857)

NRS 459.430 “Hazardous waste” defined. “Hazardous waste” means any waste or combination of wastes, including, without limitation, solids, semisolids, liquids or contained gases, except household waste, which: 1. Because of its quantity or concentration or its physical, chemical o…

NRS 459.432 “Household waste” defined. “Household waste” means waste material, including, without limitation, garbage, trash and sanitary wastes in septic tanks that is generated by a household, including, without limitation, a single-family or multiple-unit residence, hotel, mot…

NRS 459.435 “Management of hazardous waste” defined. “Management of hazardous waste” means the systematic control of the generation, collection, storage, transportation, recycling, processing, treatment, recovery or disposal of hazardous waste. (Added to NRS by 1981, 881; A 2025,…

NRS 459.440 “Manifest” defined. “Manifest” means a document used to identify hazardous waste during its transportation from between any two of the points of management and specifying the quantity, composition, origin, route and destination of the waste. (Added to NRS by 1981, 881…

NRS 459.445 “Person” defined. “Person” includes an agency of the Federal Government, any state and its local governments. (Added to NRS by 1981, 881; A 1985, 516)

NRS 459.447 “Recycling” defined. “Recycling” means the processing of hazardous waste to recover materials or produce a usable product. The term does not include the treatment or disposal of hazardous waste. (Added to NRS by 2025, 1335)

NRS 459.448 “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 in…

NRS 459.450 “Storage” defined. “Storage” means the containment of hazardous waste, for a temporary period of time, at the end of which the hazardous waste is transported, processed, treated, recovered, disposed of or stored elsewhere. (Added to NRS by 1981, 881; A 2025, 1337)

NRS 459.455 “Treatment” defined. “Treatment” means any method, technique or process, including neutralization, which is designed to change the physical, chemical or biological character or composition of hazardous waste so as to neutralize it or render it less hazardous, nonhazar…

NRS 459.460 Applicability and administration of NRS 459.400 to 459.600, inclusive. 1. NRS 459.400 to 459.600, inclusive, do not apply to any activity or substance which is subject to control pursuant to NRS 445A.300 to 445A.955, inclusive, and 459.010 to 459.290, inclusive, excep…

NRS 459.465 Types of waste subject to NRS 459.400 to 459.600, inclusive. The following types of waste are subject to the provisions of NRS 459.400 to 459.600, inclusive, only if they are regulated pursuant to the federal Resource Conservation and Recovery Act of 1976, 42 U.S.C. §…

NRS 459.470 Department designated as state agency for regulation of hazardous waste. 1. The Department is hereby designated to act as the state agency for the purposes of federal laws and regulations on hazardous waste, except that the Commission has the exclusive power to adopt …

NRS 459.475 Duties of Department. The Department shall: 1. Except as otherwise provided in NRS 459.480, enforce the Commission’s regulations on hazardous waste; 2. Develop and publish a plan of management of hazardous waste in this State, including among other things, description…

NRS 459.480 Delegation of responsibility for enforcement of NRS 459.400 to 459.600, inclusive. The Department may delegate responsibility for the enforcement of NRS 459.400 to 459.600, inclusive, or any regulations adopted pursuant to those sections to suitably qualified agencies…

NRS 459.485 Duties of Commission. The Commission shall: 1. Adopt regulations to carry out the provisions of NRS 459.400 to 459.600, inclusive, including the plan for management of hazardous waste in the entire State; and 2. Through the Department: (a) Advise, consult and cooperat…

NRS 459.490 General requirements for regulations. Regulations adopted by the Commission pursuant to NRS 459.485 must be based upon studies, guidelines and regulations of the Federal Government and must: 1. Set out mechanisms for determining whether any waste is hazardous; 2. Gove…

NRS 459.500 Contents of regulations; enforcement of regulations relating to transportation and handling of hazardous waste. 1. Except as otherwise provided in NRS 459.700 to 459.780, inclusive, or 459.800 to 459.856, inclusive: (a) Regulations of the Commission must provide: (1) …

NRS 459.501 Certification of laboratory required for performance of analysis to detect presence of hazardous waste or regulated substance in soil or water for certain purposes; exception. 1. Except as otherwise provided in subsection 2, any analysis performed to detect the presen…