Title 40

NRS 459.005 Applicability of Nevada Industrial Insurance Act to persons dispatched to another state. The provisions of the Nevada Industrial Insurance Act, chapters 616A to 616D, inclusive, of NRS, and any benefits payable thereunder shall apply and be payable to any persons disp…

NRS 459.007 Enactment; text. The Rocky Mountain Low-level Radioactive Waste Compact, referred to as the “compact” in this section and NRS 459.008 is hereby enacted into law and entered into with all jurisdictions legally joining therein, in the form substantially as follows: ARTI…

NRS 459.008 Appointment of member of Board by Governor; designation of alternate member. 1. The Governor shall appoint the member of the Rocky Mountain Low-Level Radioactive Waste Board to represent this State. The member serves at the pleasure of the Governor. 2. The member repr…

NRS 459.0083 State surcharge: Imposition; collection; distribution; deposit for credit to Fund for Care of Sites for Disposal of Radioactive Waste. There is hereby imposed a state surcharge of $2 per cubic foot of radioactive waste received at Nevada’s regional facility in Beatty…

NRS 459.009 Definitions. As used in NRS 459.009 to 459.0098, inclusive, unless the context otherwise requires: 1. “Agency” means the Agency for Nuclear Projects. 2. “Commission” means the Commission on Nuclear Projects. 3. “Executive Director” means the Executive Director of the …

NRS 459.0091 Commission on Nuclear Projects: Creation; membership; terms and salary of members. 1. The Commission on Nuclear Projects, consisting of seven members, is hereby created. 2. The Commission consists of: (a) Three members of the Governor’s own choosing. (b) Two members …

NRS 459.0092 Commission on Nuclear Projects: Duties. The Commission shall: 1. Be informed on issues and developments relating to the disposal of radioactive waste. 2. Report to the Governor and the Legislature on any matter relating to the disposal of radioactive waste which it d…

NRS 459.0093 Agency for Nuclear Projects: Creation; composition; appointment and qualifications of Executive Director. 1. The Agency for Nuclear Projects is hereby created within the Office of the Governor. The Agency consists of the Commission and: (a) The Division of Technical …

NRS 459.0094 Executive Director of Agency for Nuclear Projects: Duties. The Executive Director shall: 1. Appoint, with the consent of the Commission, an Administrator of each Division of the Agency. 2. Advise the Commission on matters relating to the potential disposal of radioac…

NRS 459.0095 Executive Director of Agency for Nuclear Projects: Powers. The Executive Director may: 1. Provide information relating to radioactive waste to the Legislature, local governments and state agencies that may be affected by the disposal of radioactive waste in this Stat…

NRS 459.0096 Executive Director and Administrators: Administration of laws relating to Division; classification; certain other employment prohibited. 1. The Administrator of each Division shall administer the provisions of law relating to his or her Division under the supervision…

NRS 459.0097 Duties of Administrator of Division of Technical Programs. The Administrator of the Division of Technical Programs shall: 1. Evaluate the: (a) Potential effects of radioactive waste upon the physical environment; (b) Potential health hazards from the disposal of radi…

NRS 459.0098 Duties of Administrator of Division of Planning. The Administrator of the Division of Planning shall: 1. Coordinate activities between the Agency, political subdivisions of the State and affected state agencies. 2. Disseminate information to the State, interested pol…

NRS 459.010 Definitions. As used in NRS 459.010 to 459.290, inclusive, unless the context requires otherwise: 1. “By-product material” means: (a) Any radioactive material, except special nuclear material, yielded in or made radioactive by exposure to the radiation incident to the…

NRS 459.020 State agency for control of radiation. The Division is hereby designated as the state radiation control agency, and is authorized to take all action necessary or appropriate to carry out the provisions of NRS 459.010 to 459.290, inclusive. (Added to NRS by 1963, 578; …

NRS 459.030 Duties of state agency for control of radiation. For the protection of public health and safety, the Division shall: 1. Develop and conduct programs for the evaluation of and response to hazards associated with the use of sources of ionizing radiation. 2. Develop prog…

NRS 459.035 Applicant for registration of radiation machine to attest to proper licensure of employees; fees. The Division shall not issue or renew the registration of a radiation machine pursuant to regulations adopted by the State Board of Health unless the applicant for issuan…

NRS 459.050 Inspections; confidentiality of report of inspection. 1. Any authorized representative of the Division may enter at any reasonable time upon any private or public property for the purpose of determining whether there is compliance with or violation of the provisions o…

NRS 459.060 Records. 1. The Division shall require each person who acquires, possesses or uses a source of ionizing radiation to maintain: (a) Records relating to the receipt, storage, transfer or disposal of such source. (b) Appropriate records showing the radiation exposure of …

NRS 459.070 Report of exposure of personnel; regulations. 1. The State Board of Health shall adopt reasonable regulations, compatible with those of the Nuclear Regulatory Commission or any successor to it, pertaining to reports of exposure of personnel. 2. Such regulations must r…

NRS 459.080 Agreements between State and Federal Government. 1. The Governor, on behalf of this State, may enter into agreements with the Federal Government providing for discontinuance of certain responsibilities of the Federal Government relating to sources of ionizing radiatio…

NRS 459.090 Agreements concerning inspection; program for training. 1. The Division, on behalf of the State, may enter into one or more agreements with the Federal Government, any interstate agency or any other state committing this State to perform on a cooperative basis with th…

NRS 459.100 Hearings; written decisions. 1. In any proceeding under NRS 459.010 to 459.290, inclusive, for the granting, amending, suspension or revocation of any license, or for determining compliance with, or granting exceptions to, regulations adopted in accordance with NRS 45…

NRS 459.105 Disciplinary action by hearing officer or panel: Procedural requirements; powers and duties of officer or panel; judicial review. 1. Any disciplinary action taken by a hearing officer or panel pursuant to NRS 459.235 is subject to the same procedural requirements whic…

NRS 459.120 Issuance of emergency regulation or order by Division. 1. If the Division finds that an emergency exists requiring immediate action to protect the public health and safety, the Division may, without notice or hearing, issue an order reciting the existence of such an e…

NRS 459.125 Department of Transportation to develop plan for routing shipments of controlled quantities of radioactive materials and high-level radioactive waste; cooperation with Federal Government, regional organizations and other states; regulations. 1. The Department of Trans…

NRS 459.201 Licensing and registration of sources of ionizing radiation. 1. The State Board of Health shall, with due regard for compatibility with federal programs, adopt regulations for: (a) General or specific licensing of persons to receive, possess or transfer radioactive ma…

NRS 459.211 Fees for operation or use of areas for storage and disposal owned by State; fee for revenue. The State Board of Health shall establish by regulation: 1. License fees and any other fees for the operation of state-owned areas in an amount sufficient to defray all costs …

NRS 459.221 License to use area for disposal required; violations concerning shipping; penalties; suspension, revocation or reinstatement of license. 1. A shipper or producer of radioactive waste, or a broker who receives such waste from another person for the purpose of disposal…

NRS 459.231 Fund for Care of Sites for Disposal of Radioactive Waste: Creation; administration; deposits; investment; interest; income. 1. There is hereby created as a special revenue fund in the State Treasury a Fund for the Care of Sites for the Disposal of Radioactive Waste. T…

NRS 459.235 Deposit of penal fines; delegation of authority to take disciplinary action; deposit of fines imposed by State Board of Health; claims for attorney’s fees and costs of investigation. 1. All penal fines imposed in the name of a county for violations of the provisions o…

NRS 459.250 Enforcement of certain provisions by peace officers of Nevada Highway Patrol; impounding or detaining of vehicles. 1. Peace officers of the Nevada Highway Patrol shall enforce those provisions of NRS 459.221 and 459.7052 to 459.728, inclusive, which govern the transpo…

NRS 459.260 Suspension, revocation or amending of license or registration; impounding of sources of ionizing radiation by Division. 1. The Division may suspend, revoke or amend a license or registration issued pursuant to NRS 459.201 to a person who has violated any provision of …

NRS 459.270 Injunctive and other relief. 1. If, in the judgment of the Division, any person is engaged in or is about to engage in any act or practice which constitutes or will constitute a violation of any provision of NRS 459.010 to 459.290, inclusive, or any rule, regulation o…

NRS 459.280 Removal of radioactive waste, machinery or equipment by employee from area for disposal prohibited; penalties. 1. A person who is employed at an area used for the disposal of radioactive waste and removes from the disposal area any of that waste, or without prior writ…

NRS 459.290 Penalties. Every person is guilty of a misdemeanor who: 1. Uses, manufactures, produces, or knowingly transports, transfers, receives, acquires, owns or possesses any source of ionizing radiation which has not been licensed or registered in accordance with the provisi…

NRS 459.300 Legislative findings. The Legislature finds that tailings from active and inactive uranium and thorium mills pose a potential hazard from radiation to the health of persons in this State. It is essential for this State to regulate the activities of such mills to: 1. A…

NRS 459.310 Fees for regulating operations concerning uranium and care and maintenance of radioactive tailings and residues; posting of security; Fund for Licensing Uranium Mills; Fund for Care of Uranium Tailings. 1. The State Board of Health may establish by regulation: (a) Fee…

NRS 459.320 Prerequisites to issuance of license. Before a license for the processing or extraction of ores primarily for obtaining their content of source material and disposing of by-product material is issued, the Division of Public and Behavioral Health of the Department of H…

NRS 459.330 Terms and conditions to be contained in license. Any specific license issued or renewed after July 1, 1981, for any activity which results in the production of by-product material must contain the terms and conditions determined by the State Board of Health to be nece…

NRS 459.340 Title to site for disposal and by-products to be transferred to United States or this State before termination of production. 1. Before the termination of activity licensed under NRS 459.330, title to any disposal site and to the by-product material which resulted fro…

NRS 459.350 Person exempt from licensing may be required to observe or perform remedial work. The State Board of Health may require persons who are exempt from licensing to monitor or perform remedial work with respect to by-product material or uranium or thorium on their propert…

NRS 459.360 Standards of management of by-products. Management of by-product material must conform to the applicable standards of the Nuclear Regulatory Commission which are in effect on July 1, 1981. (Added to NRS by 1981, 903)

NRS 459.370 Construction of facility or disposal of by-products without license unlawful. It is unlawful for any person to construct a facility for the processing of ore for uranium or thorium or to dispose of by-product material without a license. (Added to NRS by 1981, 902) REG…

NRS 459.380 Legislative declaration. The Legislature hereby declares that the purposes of NRS 459.380 to 459.3874, inclusive, are to: 1. Protect the health, safety and general welfare of the residents of this State from the effects of the improper handling of hazardous chemicals …

NRS 459.3802 Definitions. As used in NRS 459.380 to 459.3874, inclusive, unless the context otherwise requires, the words and terms defined in NRS 459.3806 to 459.38125, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 1991, 1994; A 1999, 1125, 19…