Title 40

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…

NRS 459.502 Certification of laboratory required for performance of analysis for person who generates waste to determine whether waste is hazardous. Any analysis performed for a person who generates waste to identify whether that waste is hazardous as required for the purposes of…

NRS 459.505 Agreements to provide state land for areas for disposal of hazardous waste. 1. The Director may enter into agreements relating to state land for the purpose of providing areas to dispose of hazardous waste and for related purposes. 2. No agreement may extend for more …

NRS 459.510 Fees for use of areas for disposal owned by State: Amount; payment; waiver; collection of interest; penalties. The Commission may establish by regulation: 1. License fees and any other fees for the use of state-owned disposal areas for hazardous wastes, in an amount s…

NRS 459.512 Payment of additional fees by facility for management of hazardous waste for training emergency personnel and ensuring safety of shipment of hazardous materials; penalty for late payment. 1. The owner or operator of a facility for the management of hazardous waste sha…

NRS 459.515 Construction, alteration or operation of facility without permit unlawful; exception. 1. It is unlawful for any person to: (a) Construct, substantially alter or operate any facility for the management of hazardous waste; or (b) Manage any hazardous waste, Ê unless the…

NRS 459.520 Regulations governing permits. 1. The Commission shall adopt regulations: (a) Establishing the types of facilities for the management of hazardous waste which must obtain a permit; and (b) For the granting, renewal, modification, suspension, revocation and denial of s…

NRS 459.525 Financial responsibility of owner or operator of facility; claim against insurer, guarantor, surety or other person providing evidence of financial responsibility. 1. The Commission shall adopt regulations: (a) Establishing the types of facilities for the management o…

NRS 459.530 Account for Management of Hazardous Waste: Creation; source; separate accounting for certain fees collected. 1. All proceeds from agreements entered into pursuant to NRS 459.505, all application fees collected pursuant to NRS 459.634, all reimbursements and penalties …

NRS 459.535 Account for Management of Hazardous Waste: Use. 1. Except as otherwise provided in NRS 459.537 and subsection 2 of this section, the money in the Account for the Management of Hazardous Waste may be expended only to pay the costs of: (a) The continuing observation or …

NRS 459.537 Account for Management of Hazardous Waste: Payment of costs of responding to leak, spill, accident or motor vehicle crash; reimbursement; action by Attorney General. 1. If the person responsible for a leak or spill of or an accident or motor vehicle crash involving ha…

NRS 459.540 Condition in permit specifying time allowed for completion of modification. When the Department receives an application for a permit to carry out modifications to an existing facility or finds that modifications are necessary to enable the owner or operator of a new f…

NRS 459.545 Substitution of equivalent standards of protection. 1. Except as otherwise provided in subsection 3, the Commission may by regulation adopt a procedure under which an applicant or holder of a permit may demonstrate that a standard he or she proposes would offer protec…

NRS 459.546 Variances: Conditions and criteria for granting; revocation. 1. Except as otherwise provided in subsection 4, the owner or operator of a facility for the management of hazardous waste or a person who wishes to construct such a facility may apply to the Commission for …

NRS 459.547 Variances: Renewal; protest and hearing on application for renewal. 1. A variance may be renewed only under circumstances and upon conditions which would justify its original granting. 2. An application for a renewal of a variance must be made at least 60 days before …

NRS 459.548 Variances: Regulations governing applications; fees. 1. The Commission may adopt regulations governing applications for variances. 2. The regulations may include, but are not limited to: (a) The contents of the application; and (b) The period for which a variance may …

NRS 459.549 Variances: Granting and renewal discretionary. No applicant is entitled to the granting or renewal of a variance as of right. (Added to NRS by 1989, 1456)

NRS 459.550 Records and reports. 1. The Commission shall adopt regulations which require licensees to keep records and submit reports on hazardous waste and which prescribe procedures for: (a) Installing, calibrating, using and maintaining monitoring equipment or other methods fo…

NRS 459.555 Disclosure of public and confidential information. 1. Except as otherwise provided in this section, information which the Department obtains in the course of the performance of its duties relating to hazardous waste is public information. 2. Except as otherwise provid…

NRS 459.558 Applicability of NRS 459.560 and 459.565. 1. The provisions of NRS 459.560 and 459.565 that concern hazardous substances do not apply: (a) To mining or agricultural activities; or (b) To other facilities or locations where the quantity of any one hazardous substance a…

NRS 459.560 Inspections. 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 459.400 to 459.600, inclusive, or to enforce a regulation adopted pursuant to those sections: 1. Enter any…

NRS 459.565 Action to prevent practice or act which constitutes hazard to human health, public safety or environment. 1. If the Department receives information that the management of any waste or hazardous substance may present an imminent and substantial hazard to human health, …

NRS 459.570 Order to prevent act or practice which violates NRS 459.400 to 459.560, inclusive. Whenever the Director finds that any person is engaging or has engaged in any act or practice which violates any provision of NRS 459.400 to 459.560, inclusive, or a regulation adopted …

NRS 459.573 Lien on property for certain costs and deficiencies; perfection; notice; maximum amount; release; foreclosure; suit by Attorney General. 1. The Department may lien all real and personal property, tangible and intangible, associated with a facility for the management o…