Title 40

NRS 459.7054 Uniform application: Information required. Except as otherwise required by federal law, a motor carrier who is required to register with and obtain a permit from the Department pursuant to NRS 459.7052: 1. Except as otherwise provided in subsection 2, is not required…

NRS 459.7056 Uniform application: Confidentiality and disclosure of information provided. 1. Except as otherwise provided in subsection 2 or NRS 239.0115 or required by federal law, the following information is confidential when provided to the Department on a uniform application…

NRS 459.7058 Denial, suspension or revocation of registration and permit: Grounds; procedure. 1. Except as otherwise required by federal law, the Department shall immediately suspend or revoke the registration and permit for the transportation of hazardous materials, or deny the …

NRS 459.706 Motor carriers: Prerequisites to issuance of permit to transport radioactive waste; assessment for investigation, inspection or audit outside of State. 1. The Department shall not issue a permit required pursuant to NRS 459.7052 to a motor carrier who is seeking to tr…

NRS 459.708 Motor carriers: Rejection of and liability for certain packages of radioactive waste. 1. A motor carrier who is transporting radioactive waste shall reject any package containing the waste which is tendered to the motor carrier for transport in this State if the packa…

NRS 459.709 Motor carriers: Prerequisites to transportation of high-level radioactive waste or spent nuclear fuel. 1. A motor carrier shall not transport any high-level radioactive waste or spent nuclear fuel upon a public highway of this State unless: (a) The high-level radioact…

NRS 459.712 Inspections, investigations and reproduction of records: Authority of Department; regulations. 1. Except as otherwise required by federal law, an authorized agent of the Department may: (a) Conduct any examination or inspection of a motor vehicle or facility; (b) Cond…

NRS 459.715 Repository for Information Concerning Hazardous Materials in Nevada. 1. The Repository for Information Concerning Hazardous Materials in Nevada is hereby created within the Division. 2. The Commission shall coordinate the collection of information for the Repository a…

NRS 459.718 Notification of Division regarding certain accidents, motor vehicle crashes or incidents. 1. A person responsible for the care, custody or control of a hazardous material which is involved in an accident, motor vehicle crash or incident occurring during the transporta…

NRS 459.721 Duties of Director: Regulations for participation in uniform program. The Director shall adopt regulations for the participation of this State in the uniform program. The regulations adopted pursuant to this section must be consistent with, and equivalent in scope, co…

NRS 459.725 Powers and duties of Director: Administration of provisions; regulations; agreements. 1. The Director is responsible for administering the provisions of NRS 459.7052 to 459.728, inclusive, and, subject to the limitations contained in those provisions, may adopt such r…

NRS 459.727 Provisions inapplicable to transportation by governmental vehicle. Except as otherwise required by federal law, the provisions of NRS 459.7052 to 459.728, inclusive, and the regulations adopted pursuant thereto do not apply to the transportation of a hazardous materia…

NRS 459.728 Provisions supersede and preempt local regulation of transportation; exceptions. 1. Except as otherwise provided in subsection 2, the provisions of NRS 459.7052 to 459.728, inclusive, and the regulations adopted pursuant thereto supersede and preempt any ordinance or …

NRS 459.735 Contingency Account for Hazardous Materials. 1. The Contingency Account for Hazardous Materials is hereby created in the State General Fund. 2. The Commission shall administer the Contingency Account for Hazardous Materials. Except as otherwise provided in subsection …

NRS 459.738 Creation of Commission; appointment and terms of members; appointment of Chair or Co-Chairs; employment of staff. 1. The State Emergency Response Commission is hereby created for the purpose of carrying out the provisions of 42 U.S.C. §§ 11001 et seq. and other matter…

NRS 459.740 Adoption of regulations; acceptance of gifts and grants of money and other revenues. The Commission may: 1. Adopt regulations for the purpose of enforcing its responsibilities pursuant to 42 U.S.C. §§ 11001 et seq. 2. Accept gifts and grants of money and other revenue…

NRS 459.742 Powers of Commission. The Commission, in carrying out its duties and within the limits of legislative appropriations and other available money, may: 1. Enter into contracts, leases or other agreements or transactions; 2. Provide grants of money to local emergency plan…

NRS 459.744 Establishment and payment of fees. The Commission shall establish by regulation: 1. A schedule of fees for its services and regulatory activities. The fees must be set at an amount which approximates the cost to the Commission of performing those services and activiti…

NRS 459.748 Definitions. As used in NRS 459.750 to 459.770, inclusive: 1. “Does not act promptly and appropriately” means that the person: (a) Cannot be notified of the incident within 2 hours after the initial attempt to contact the person; (b) Does not, within 2 hours after rec…

NRS 459.750 Responsibility for cleaning and decontamination of area affected by spill, accident or motor vehicle crash. Any person who possessed or had in his or her care any hazardous material involved in a spill, accident or motor vehicle crash requiring the cleaning and decont…

NRS 459.755 Use of Contingency Account for Hazardous Materials to pay for costs of cleaning and decontamination of area affected by spill, accident or motor vehicle crash. If the person responsible for hazardous material involved in a spill, accident or motor vehicle crash does n…

NRS 459.760 Reimbursement of expenses of responding state agency; reporting of need for additional funding; action by Attorney General. 1. Except as otherwise provided in this subsection, any state agency accruing expenses in responding to a spill of or an accident or motor vehic…

NRS 459.765 Deposit of reimbursement and penalty for credit to Contingency Account for Hazardous Materials. Any reimbursement and penalty recovered by the Attorney General from a person responsible for hazardous material involved in a spill or accident or motor vehicle crash must…

NRS 459.770 Recovery of costs incurred by responding county or city. Any county or city in this State may adopt an ordinance authorizing its legal representative to initiate recovery by legal action from the person responsible for any hazardous material involved in a spill, accid…

NRS 459.773 Development and dissemination of reference guide regarding response to accidents, motor vehicle crashes and incidents. 1. The State Fire Marshal shall, in cooperation with local fire departments, develop a reference guide for use by state and local personnel who respo…

NRS 459.774 Civil penalties for certain violations. 1. In addition to any applicable criminal penalties, the Department may, after providing written notice and an opportunity for a fair and impartial hearing, impose a civil penalty, in an amount determined pursuant to the schedul…

NRS 459.775 Unlawful acts: Misdemeanors. Any person who: 1. Transports a hazardous material in a motor vehicle without the permit required pursuant to NRS 459.7052; 2. Transports a hazardous material in a motor vehicle that has not been inspected pursuant to any regulations of th…

NRS 459.780 Unlawful acts: Gross misdemeanors. Any person who: 1. Allows the use of a permit required pursuant to NRS 459.7052 by a person not entitled thereto; 2. Uses a permit required pursuant to NRS 459.7052 to which the person is not entitled; 3. Alters, forges or counterfei…

NRS 459.790 “Hazardous material” defined. As used in NRS 459.790 to 459.796, inclusive, unless the context otherwise requires, “hazardous material” has the meaning ascribed to it in NRS 459.7024, and includes any other substance which is regulated pursuant to this chapter. (Added…

NRS 459.792 Scope of immunity: State Emergency Response Commission; local emergency planning committees; persons providing equipment, advice or other assistance. 1. The State Emergency Response Commission, each local emergency planning committee appointed by the Commission, and t…

NRS 459.794 Exclusions from immunity: Damages from gross negligence or misconduct; persons causing discharge; persons receiving compensation for assistance. The immunity provided by subsection 2 of NRS 459.792 does not apply to: 1. Damages resulting from the person’s gross neglig…

NRS 459.796 Prerequisites for immunity: Persons providing equipment, advice or other assistance. A person is entitled to immunity under subsection 2 of NRS 459.792 only if: 1. In the case of one furnishing advice or assistance, the person is qualified by training, education or ex…

NRS 459.800 Definitions. As used in NRS 459.800 to 459.856, inclusive, unless the context otherwise requires, the words and terms defined in NRS 459.802 to 459.820, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 1989, 769; A 1993, 208)

NRS 459.802 “Commission” defined. “Commission” means the State Environmental Commission. (Added to NRS by 1989, 770)

NRS 459.804 “Department” defined. “Department” means the State Department of Conservation and Natural Resources. (Added to NRS by 1989, 770)

NRS 459.806 “Director” defined. “Director” means the Director of the Department. (Added to NRS by 1989, 770)

NRS 459.808 “Division” defined. “Division” means the Division of Environmental Protection of the Department. (Added to NRS by 1989, 770)

NRS 459.810 “Operator” defined. “Operator” means any person in control of, or having responsibility for, the daily operation of a storage tank. (Added to NRS by 1989, 770)

NRS 459.812 “Owner” defined. “Owner” means any person who owns: 1. An underground storage tank used to store or dispense regulated substances after November 8, 1984, or if the use of the tank was discontinued before that date, the last person to own such a tank before its use was…

NRS 459.814 “Person” defined. “Person” includes an agency of the Federal Government, any state and its local governments. (Added to NRS by 1989, 770)

NRS 459.816 “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 i…

NRS 459.818 “Release” defined. “Release” means the spilling, leaking, emitting, discharging, escaping, leaching or disposing from a storage tank into groundwater, surface water or surface or subsurface soils. (Added to NRS by 1989, 770)

NRS 459.820 “Storage tank” defined. “Storage tank” means any one or combination of stationary tanks, including pipes connected thereto, used to contain and accumulate regulated substances. The term includes only: 1. Underground storage tanks that are regulated pursuant to the fed…

NRS 459.822 Department designated as state agency for regulation of storage tanks. The Department is hereby designated to act as the state agency for the purpose of federal laws and regulations governing storage tanks and it may take any action necessary to secure the benefits of…

NRS 459.824 Duties of Director. The Director shall: 1. Administer the provisions of NRS 459.800 to 459.856, inclusive, in a manner that is consistent with, and not more stringent than, the applicable provisions of federal law; 2. Advise, consult and cooperate with other agencies …