Title 40

NRS 459.595 False statement, representation or certification; tampering with device. Any person who: 1. Knowingly makes any false statement, representation or certification on any application, record, report, manifest, plan or other document filed or required to be maintained by …

NRS 459.600 Operation without permit or in violation of condition of permit or order; disposal or discharge of hazardous waste in unauthorized manner; penalty. A person who, intentionally or with criminal negligence: 1. Violates NRS 459.590, subsection 1 of NRS 459.515 or any ter…

NRS 459.610 Definitions. As used in NRS 459.610 to 459.658, inclusive, unless the context otherwise requires, the words and terms defined in NRS 459.612 to 459.630, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 1999, 2689)

NRS 459.612 “Administrator” defined. “Administrator” means the Administrator of the Division. (Added to NRS by 1999, 2689)

NRS 459.614 “Commission” defined. “Commission” means the State Environmental Commission. (Added to NRS by 1999, 2689)

NRS 459.616 “Division” defined. “Division” means the Division of Environmental Protection of the State Department of Conservation and Natural Resources. (Added to NRS by 1999, 2689)

NRS 459.618 “Eligible property” defined. “Eligible property” means real property located in this State that: 1. Except as otherwise provided in NRS 459.632, is not: (a) Listed, proposed for listing or eligible for listing on the National Priorities List contained in Appendix B of…

NRS 459.620 “Hazardous substance” defined. “Hazardous substance” means a substance or combination of substances whose presence gives rise to liability or potential liability on the part of an owner or operator pursuant to NRS 459.537 or 42 U.S.C. § 9607(a). (Added to NRS by 1999,…

NRS 459.622 “Participant” defined. “Participant” means a person whose application to participate in the program has been approved by the Administrator. (Added to NRS by 1999, 2689)

NRS 459.624 “Program” defined. “Program” means voluntary cleanup and relief from liability pursuant to NRS 459.610 to 459.658, inclusive. (Added to NRS by 1999, 2689)

NRS 459.626 “Prospective purchaser” defined. “Prospective purchaser” means a person who is not a responsible party and who has entered into a contract, or holds an option, to purchase an eligible property for its fair market value in a transaction at arm’s length. (Added to NRS b…

NRS 459.628 “Remedial agreement” defined. “Remedial agreement” means an agreement between a participant and the Division specifying the action to be taken to remove or remedy hazardous substances present on an eligible property. (Added to NRS by 1999, 2690)

NRS 459.630 “Responsible party” defined. “Responsible party” means: 1. A current or former owner or operator of a site or facility who caused or contributed to the release of a hazardous substance at the site or facility; and 2. A generator or transporter of a hazardous substance…

NRS 459.632 Certain real property deemed to be eligible property. Real property located in this State that is listed, proposed for listing or eligible for listing on the National Priorities List contained in Appendix B of Part 300 of Title 40 of the Code of Federal Regulations or…

NRS 459.634 Application for participation in program; action by Administrator on application. 1. A responsible party with respect to an eligible property, or a prospective purchaser of an eligible property may apply to participate in the program. The application must be made to t…

NRS 459.636 Submission of remedial agreement for approval; prerequisites to approval; explanation of disapproval. 1. After an application is approved, the participant shall submit a remedial agreement to the Administrator for the Administrator’s approval. 2. The Administrator sha…

NRS 459.638 Certification of completion of remedial agreement; issuance, contents and recordation of certificate of completion; explanation of failure to issue certificate. 1. After a participant has completed the action specified in his or her remedial agreement for the removal …

NRS 459.640 Effect of certificate of completion: Relief from liability. 1. Except as otherwise provided in NRS 459.642, the holder of a certificate of completion issued by the Administrator is not a responsible party with respect to a release of a hazardous substance occurring on…

NRS 459.642 Effect of certificate of completion: Limitations on relief from liability. The holder of a certificate of completion is not released from liability: 1. If the holder obtained approval of his or her application, approval of his or her remedial agreement or issuance of …

NRS 459.644 Effect of certificate of completion: Applicability to persons other than original holder. 1. The relief from liability provided by NRS 459.640 extends to another person who: (a) Purchases or leases the property to which the certificate of completion relates; or (b) Ac…

NRS 459.646 Limitations on liability of lenders and persons with security interest in property. 1. A person who, without participating in the management of a parcel of real property, holds or is the beneficiary of evidence of title to the property primarily to protect a security …

NRS 459.648 Limitations on liability of prospective purchasers. A prospective purchaser is not a responsible party solely as the result of: 1. Conducting an environmental assessment of real property; 2. Contracting to purchase, or acquiring an option to purchase, real property; 3…

NRS 459.650 Action against responsible party by holder of certificate of completion or seller of property. 1. The holder of a certificate of completion may maintain an action against a responsible party to recover the holder’s costs of performing removal or remediation of a hazar…

NRS 459.652 Termination of participation in program. 1. A participant may terminate his or her participation in a program upon 30 days’ written notice to the Administrator. 2. The Administrator may terminate the participation of a participant in a program only if: (a) The partici…

NRS 459.654 Review of decisions of Administrator. 1. A decision of the Administrator to approve an application or a remedial agreement or to issue a certificate of completion is final and may not be reviewed. 2. If the Administrator denies an application for any reason other than…

NRS 459.656 Adoption of regulations by Commission. The Commission shall adopt such regulations as the Commission determines are necessary to carry out the provisions of NRS 459.610 to 459.658, inclusive. Regulations adopted pursuant to this section: 1. Must include, without limit…

NRS 459.658 Negotiation with Environmental Protection Agency regarding effect of certificate of completion. The Administrator shall make a good faith effort to negotiate with the Environmental Protection Agency to ensure that a certificate of completion issued pursuant to NRS 459…

NRS 459.670 Definitions. As used in NRS 459.670 to 459.684, inclusive, the words and terms defined in NRS 459.672 to 459.678, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 2021, 480; A 2025, 489)

NRS 459.672 “Class B firefighting foam” defined. “Class B firefighting foam” means a foam designed to extinguish flammable liquid fires. (Added to NRS by 2021, 480)

NRS 459.674 “Class B firefighting foam that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances” defined. “Class B firefighting foam that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances” means Class B firefighting foam containing …

NRS 459.676 “Division” defined. “Division” means the Division of Environmental Protection of the State Department of Conservation and Natural Resources. (Added to NRS by 2021, 480)

NRS 459.678 “Perfluoroalkyl and polyfluoroalkyl substances” defined. “Perfluoroalkyl and polyfluoroalkyl substances” means a class of fluorinated organic chemicals that contain at least one fully fluorinated carbon atom. (Added to NRS by 2021, 480)

NRS 459.680 Inapplicability of certain provisions where preempted by or in conflict with federal law. The provisions of NRS 459.682 and 459.684 do not apply to the extent that those provisions are preempted by or conflict with federal law, including, without limitation, any provi…

NRS 459.682 Prohibition on discharge, use or release; exception; penalty. 1. Except as otherwise provided in this section and NRS 459.680, a person, political subdivision, local government or state or local agency shall not discharge, use or release, or allow its employees or ind…

NRS 459.684 Reporting of discharge, use or release. Except as otherwise provided in NRS 459.680, any person, political subdivision, local government or state or local agency who discharges, uses or releases, or allows its employees or independent contractors to discharge, use or …

NRS 459.686 Working group to study issues relating to environmental contamination: Establishment; composition; duties; members serve without compensation. Repealed. (See chapter 88, Statutes of Nevada 2025, at page 492.) HANDLING OF HAZARDOUS MATERIALS General Provisions

NRS 459.700 Definitions. As used in NRS 459.700 to 459.780, inclusive, unless the context otherwise requires, the words and terms defined in NRS 459.7005 to 459.7032, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 1987, 1750; A 1989, 278; 1991, …

NRS 459.7005 “Base state” defined. “Base state” means a participating state designated by a motor carrier pursuant to the uniform program as the base state of the motor carrier. (Added to NRS by 1999, 3344)

NRS 459.701 “Commission” defined. “Commission” means the State Emergency Response Commission. (Added to NRS by 1993, 845)

NRS 459.7016 “Department” defined. “Department” means the Department of Public Safety. (Added to NRS by 1993, 845; A 2001, 2626)

NRS 459.7018 “Director” defined. “Director” means the Director of the Department of Public Safety. (Added to NRS by 1993, 845; A 2001, 2627)

NRS 459.702 “Division” defined. “Division” means the Nevada Highway Patrol Division of the Department of Public Safety. (Added to NRS by 1993, 845; A 2001, 2627)

NRS 459.7022 “Extremely hazardous material” defined. “Extremely hazardous material” means any material or combination of materials listed in Appendix A or B of Part 355 of Title 40 of the Code of Federal Regulations. (Added to NRS by 1993, 845)

NRS 459.7024 “Hazardous material” defined. “Hazardous material” means any substance or combination of substances, including any hazardous material, hazardous waste, hazardous substance or marine pollutant: 1. Of a type and amount for which a vehicle transporting the substance mus…

NRS 459.7025 “Motor carrier” defined. “Motor carrier” means a person who owns or operates one or more motor vehicles used to transport a hazardous material. (Added to NRS by 1999, 3344)

NRS 459.70255 “Participating state” defined. “Participating state” means a state that has entered into a reciprocal agreement with this State to participate in the uniform program. (Added to NRS by 1999, 3344)