Title 40

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…

NRS 459.3806 “Division” defined. “Division” means the Division of Environmental Protection of the State Department of Conservation and Natural Resources. (Added to NRS by 1991, 1994)

NRS 459.38075 “Facility” defined. “Facility” means a building, equipment and contiguous area where: 1. Highly hazardous substances are produced, used, stored or handled; or 2. Explosives are manufactured for sale. (Added to NRS by 1991, 1994; A 1999, 1125; 2003, 1595)

NRS 459.3809 “Process” defined. “Process” means: 1. Any activity that involves a highly hazardous substance or explosive, including, without limitation, the use, storage, manufacture, handling or on-site movement, or any combination thereof of the substance or explosive. 2. A gro…

NRS 459.38125 “Vessel” defined. “Vessel” means a reactor, tank, drum, barrel, cylinder, vat, kettle, boiler, pipe, hose or other container. (Added to NRS by 1999, 2007)

NRS 459.3813 Applicability of statutory provisions and regulations to certain facilities; exemptions. 1. Except as otherwise provided in this section and NRS 459.3814, the provisions of NRS 459.380 to 459.3874, inclusive, and any regulations adopted pursuant thereto, apply to a f…

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…