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Nevada Revised Statutes (Last Updated: December 24, 2014) |
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TITLE40 PUBLIC HEALTH AND SAFETY |
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CHAPTER459. Hazardous Materials |
| WESTERN INTERSTATE NUCLEAR COMPACT |
| NRS 459.001. Enactment; text. |
| NRS 459.002. Appointment of member of Board by Governor. |
| NRS 459.003. Alternate member: Designation; powers and duties. |
| NRS 459.004. Bylaws, rules and regulations filed with Secretary of State. |
| NRS 459.005. Applicability of Nevada Industrial Insurance Act to persons dispatched to another state. |
| ROCKY MOUNTAIN LOW-LEVEL RADIOACTIVE WASTE COMPACT |
| NRS 459.007. Enactment; text. |
| NRS 459.008. Appointment of member of Board by Governor; designation of alternate member. |
| NRS 459.0083. State surcharge: Imposition; collection; distribution; deposit for credit to Fund for Care of Sites for Disposal of Radioactive Waste. |
| COMMITTEE ON HIGH-LEVEL RADIOACTIVE WASTE |
| NRS 459.0085. Creation; membership; powers and duties; compensation and expenses of members. |
| NUCLEAR PROJECTS |
| NRS 459.009. Definitions. |
| NRS 459.0091. Commission on Nuclear Projects: Creation; membership; terms and salary of members. |
| NRS 459.0092. Commission on Nuclear Projects: Duties. |
| NRS 459.0093. Agency for Nuclear Projects: Creation; composition; appointment and qualifications of Executive Director. |
| NRS 459.0094. Executive Director of Agency for Nuclear Projects: Duties. |
| NRS 459.0095. Executive Director of Agency for Nuclear Projects: Powers. |
| NRS 459.0096. Executive Director and Administrators: Administration of laws relating to Division; classification; certain other employment prohibited. |
| NRS 459.0097. Duties of Administrator of Division of Technical Programs. |
| NRS 459.0098. Duties of Administrator of Division of Planning. |
| STATE CONTROL OF RADIATION |
| General Provisions |
| NRS 459.010. Definitions. |
| NRS 459.020. State agency for control of radiation. |
| NRS 459.030. Duties of state agency for control of radiation. |
| NRS 459.035. Applicant for registration of radiation machine to attest to knowledge of and compliance with certain guidelines concerning safe and appropriate injection practices. |
| NRS 459.050. Inspections; confidentiality of report of inspection. |
| NRS 459.060. Records. |
| NRS 459.070. Report of exposure of personnel; regulations. |
| NRS 459.080. Agreements between State and Federal Government. |
| NRS 459.090. Agreements concerning inspection; program for training. |
| NRS 459.100. Hearings; written decisions. |
| NRS 459.105. Disciplinary action by hearing officer or panel: Procedural requirements; powers and duties of officer or panel; judicial review. |
| NRS 459.120. Issuance of emergency regulation or order by Division. |
| Possession, Transfer and Disposal of Radioactive Material |
| NRS 459.201. Licensing and registration of sources of ionizing radiation. |
| NRS 459.211. Fees for operation or use of areas for storage and disposal owned by State; fee for revenue. |
| NRS 459.221. License to use area for disposal required; violations concerning shipping; penalties; suspension, revocation or reinstatement of license. |
| NRS 459.231. Fund for Care of Sites for Disposal of Radioactive Waste: Creation; administration; deposits; investment; interest; income. |
| 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. |
| Enforcement, Violations and Penalties |
| NRS 459.250. Enforcement of certain provisions by peace officers of Nevada Highway Patrol; impounding or detaining of vehicles. |
| NRS 459.260. Impounding of sources of ionizing radiation by Division. |
| NRS 459.270. Injunctive and other relief. |
| NRS 459.280. Removal of radioactive waste, machinery or equipment by employee from area for disposal prohibited; penalties. |
| NRS 459.290. Penalties. |
| REGULATION OF MILLS AND BY-PRODUCTS |
| NRS 459.300. Legislative findings. |
| NRS 459.320. Prerequisites to issuance of license. |
| NRS 459.330. Terms and conditions to be contained in license. |
| NRS 459.340. Title to site for disposal and by-products to be transferred to United States or this State before termination of production. |
| NRS 459.350. Person exempt from licensing may be required to observe or perform remedial work. |
| NRS 459.360. Standards of management of by-products. |
| NRS 459.370. Construction of facility or disposal of by-products without license unlawful. |
| REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES |
| General Provisions |
| NRS 459.380. Legislative declaration. |
| NRS 459.3802. Definitions. |
| NRS 459.3806. “Division” defined. |
| NRS 459.38075. “Facility” defined. |
| NRS 459.3809. “Process” defined. |
| NRS 459.38125. “Vessel” defined. |
| NRS 459.3813. Applicability of statutory provisions and regulations to certain facilities; exemptions. |
| NRS 459.3814. Applicability of statutory provisions: Excluded activities. |
| Administration |
| NRS 459.3816. Designation of highly hazardous substances and explosives: Regulations; amendment. |
| NRS 459.3819. Inspections by state and local agencies of facilities where explosives are manufactured, used, processed, handled, moved on-site or stored. |
| NRS 459.38195. Investigation of certain accidents: Powers and duties of Division; duty of owner or operator of facility to cooperate. |
| NRS 459.382. Reports of regulatory agencies; review of requirements of regulatory agencies; final authority of Division of Environmental Protection. |
| NRS 459.3824. Annual fees; Account for Precaution Against Chemical Accidents. |
| NRS 459.3829. Permits to construct or commence operation of new process: Requirements; application; regulations; fee. |
| NRS 459.3832. Regulations concerning certification of records, reports and information submitted to Division; requirements for signature on certification. |
| 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. |
| NRS 459.3834. Unlawful acts; penalties. |
| Committee to Oversee the Management of Risks |
| NRS 459.3862. “Committee” defined. |
| NRS 459.3864. Creation; appointment of members; appointment of chair and co-chair; resources. |
| NRS 459.3868. Duties. |
| Enforcement and Penalties |
| NRS 459.387. Entry into facility to verify compliance with statutory requirements and regulations; issuance of order. |
| NRS 459.3872. Injunctive relief; levy of civil administrative penalty; notice of levy of penalty; request for hearing; payment of penalty. |
| NRS 459.3874. Amount of civil administrative penalties; settlement of claim; imposition of civil penalty. |
| DISPOSAL OF HAZARDOUS WASTE |
| NRS 459.400. Purpose. |
| NRS 459.405. Definitions. |
| NRS 459.410. “Commission” defined. |
| NRS 459.415. “Department” defined. |
| NRS 459.420. “Director” defined. |
| NRS 459.425. “Disposal” defined. |
| NRS 459.428. “Hazardous material” defined. |
| NRS 459.429. “Hazardous substance” defined. |
| NRS 459.430. “Hazardous waste” defined. |
| NRS 459.432. “Household waste” defined. |
| NRS 459.435. “Management of hazardous waste” defined. |
| NRS 459.440. “Manifest” defined. |
| NRS 459.445. “Person” defined. |
| NRS 459.448. “Regulated substance” defined. |
| NRS 459.450. “Storage” defined. |
| NRS 459.455. “Treatment” defined. |
| NRS 459.460. Applicability and administration of NRS 459.400 to 459.600, inclusive. |
| NRS 459.465. Types of waste subject to NRS 459.400 to 459.600, inclusive. |
| NRS 459.470. Department designated as state agency for regulation of hazardous waste. |
| NRS 459.475. Duties of Department. |
| NRS 459.480. Delegation of responsibility for enforcement of NRS 459.400 to 459.600, inclusive. |
| NRS 459.485. Duties of Commission. |
| NRS 459.490. General requirements for regulations. |
| NRS 459.500. Contents of regulations; enforcement of regulations relating to transportation and handling of hazardous waste. |
| 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. |
| NRS 459.502. Certification of laboratory required for performance of analysis for person who generates waste to determine whether waste is hazardous. |
| NRS 459.505. Agreements to provide state land for areas for disposal of hazardous waste. |
| NRS 459.510. Fees for use of areas for disposal owned by State: Amount; payment; waiver; collection of interest; penalties. |
| NRS 459.515. Construction, alteration or operation of facility without permit unlawful; exception. |
| NRS 459.520. Regulations governing permits. |
| NRS 459.525. Financial responsibility of owner or operator of facility; claim against insurer, guarantor, surety or other person providing evidence of financial responsibility. |
| NRS 459.530. Account for Management of Hazardous Waste: Creation; source; separate accounting for certain fees collected. |
| NRS 459.535. Account for Management of Hazardous Waste: Use. |
| NRS 459.537. Account for Management of Hazardous Waste: Payment of costs of responding to leak, spill or accident; reimbursement; action by Attorney General. |
| NRS 459.540. Condition in permit specifying time allowed for completion of modification. |
| NRS 459.545. Substitution of equivalent standards of protection. |
| NRS 459.546. Variances: Conditions and criteria for granting; revocation. |
| NRS 459.547. Variances: Renewal; protest and hearing on application for renewal. |
| NRS 459.548. Variances: Regulations governing applications; fees. |
| NRS 459.549. Variances: Granting and renewal discretionary. |
| NRS 459.550. Records and reports. |
| NRS 459.555. Disclosure of public and confidential information. |
| NRS 459.558. Applicability of NRS 459.560 and 459.565. |
| NRS 459.560. Inspections. |
| NRS 459.565. Action to prevent practice or act which constitutes hazard to human health, public safety or environment. |
| NRS 459.570. Order to prevent act or practice which violates NRS 459.400 to 459.560, inclusive. |
| NRS 459.575. Subpoenas. |
| NRS 459.580. Injunctive relief. |
| NRS 459.585. Civil penalties; damages. |
| NRS 459.590. Unlawful transportation of hazardous waste. |
| NRS 459.595. False statement, representation or certification; tampering with device. |
| 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. |
| PROGRAM FOR VOLUNTARY CLEANUP OF HAZARDOUS SUBSTANCES AND RELIEF FROM LIABILITY |
| NRS 459.610. Definitions. |
| NRS 459.612. “Administrator” defined. |
| NRS 459.614. “Commission” defined. |
| NRS 459.616. “Division” defined. |
| NRS 459.618. “Eligible property” defined. |
| NRS 459.620. “Hazardous substance” defined. |
| NRS 459.622. “Participant” defined. |
| NRS 459.624. “Program” defined. |
| NRS 459.626. “Prospective purchaser” defined. |
| NRS 459.628. “Remedial agreement” defined. |
| NRS 459.630. “Responsible party” defined. |
| NRS 459.632. Certain real property deemed to be eligible property. |
| NRS 459.634. Application for participation in program; action by Administrator on application. |
| NRS 459.636. Submission of remedial agreement for approval; prerequisites to approval; explanation of disapproval. |
| NRS 459.638. Certification of completion of remedial agreement; issuance, contents and recordation of certificate of completion; explanation of failure to issue certificate. |
| NRS 459.640. Effect of certificate of completion: Relief from liability. |
| NRS 459.642. Effect of certificate of completion: Limitations on relief from liability. |
| NRS 459.644. Effect of certificate of completion: Applicability to persons other than original holder. |
| NRS 459.646. Limitations on liability of lenders and persons with security interest in property. [Effective through June 30, 2017.] |
| NRS 459.646. Limitations on liability of lenders and persons with security interest in property. [Effective July 1, 2017.] |
| NRS 459.648. Limitations on liability of prospective purchasers. |
| NRS 459.650. Action against responsible party by holder of certificate of completion or seller of property. |
| NRS 459.652. Termination of participation in program. |
| NRS 459.654. Review of decisions of Administrator. |
| NRS 459.656. Adoption of regulations by Commission. |
| NRS 459.658. Negotiation with Environmental Protection Agency regarding effect of certificate of completion. |
| HANDLING OF HAZARDOUS MATERIALS |
| General Provisions |
| NRS 459.700. Definitions. |
| NRS 459.7005. “Base state” defined. |
| NRS 459.701. “Commission” defined. |
| NRS 459.7016. “Department” defined. |
| NRS 459.7018. “Director” defined. |
| NRS 459.702. “Division” defined. |
| NRS 459.7022. “Extremely hazardous material” defined. |
| NRS 459.7024. “Hazardous material” defined. |
| NRS 459.7025. “Motor carrier” defined. |
| NRS 459.70255. “Participating state” defined. |
| NRS 459.7026. “Person” defined. |
| NRS 459.703. “Uniform application” defined. |
| NRS 459.7032. “Uniform program” defined. |
| NRS 459.704. Coordination of fees, forms and regulations; duties of regulatory agencies. |
| Transportation; Reporting and Collection of Information |
| NRS 459.7052. Registration and permit required for transportation by motor carrier. |
| NRS 459.7054. Uniform application: Information required. |
| NRS 459.7056. Uniform application: Confidentiality and disclosure of information provided. |
| NRS 459.7058. Denial, suspension or revocation of registration and permit: Grounds; procedure. |
| NRS 459.706. Motor carriers: Prerequisites to issuance of permit to transport radioactive waste; assessment for investigation, inspection or audit outside of State. |
| NRS 459.708. Motor carriers: Rejection of and liability for certain packages of radioactive waste. |
| NRS 459.709. Motor carriers: Prerequisites to transportation of high-level radioactive waste or spent nuclear fuel. |
| NRS 459.712. Inspections, investigations and reproduction of records: Authority of Department; regulations. |
| NRS 459.715. Repository for Information Concerning Hazardous Materials in Nevada. |
| NRS 459.718. Notification of Division regarding certain accidents or incidents. |
| NRS 459.721. Duties of Director: Regulations for participation in uniform program. |
| NRS 459.725. Powers and duties of Director: Administration of provisions; regulations; agreements. |
| NRS 459.727. Provisions inapplicable to transportation by governmental vehicle. |
| NRS 459.728. Provisions supersede and preempt local regulation of transportation; exceptions. |
| State Emergency Response Commission |
| NRS 459.735. Contingency Account for Hazardous Materials. |
| NRS 459.738. Creation of Commission; appointment and terms of members; appointment of Chair or Co-Chairs; employment of staff. |
| NRS 459.740. Adoption of regulations; acceptance of gifts and grants of money and other revenues. |
| NRS 459.742. Powers of Commission. |
| NRS 459.744. Establishment and payment of fees. |
| Responding to Spills, Accidents and Incidents |
| NRS 459.748. Definitions. |
| NRS 459.750. Responsibility for cleaning and decontamination of area affected by spill or accident. |
| NRS 459.755. Use of Contingency Account for Hazardous Materials to pay for costs of cleaning and decontamination of area affected by spill or accident. |
| NRS 459.760. Reimbursement of expenses of responding state agency; reporting of need for additional funding; action by Attorney General. |
| NRS 459.765. Deposit of reimbursement and penalty for credit to Contingency Account for Hazardous Materials. |
| NRS 459.770. Recovery of costs incurred by responding county or city. |
| NRS 459.773. Development and dissemination of reference guide regarding response to accidents and incidents. |
| Penalties |
| NRS 459.774. Civil penalties for certain violations. |
| NRS 459.775. Unlawful acts: Misdemeanors. |
| NRS 459.780. Unlawful acts: Gross misdemeanors. |
| IMMUNITY FROM LIABILITY REGARDING PLANNING FOR AND RESPONDING TO DISCHARGE OF HAZARDOUS MATERIAL |
| NRS 459.790. “Hazardous material” defined. |
| NRS 459.792. Scope of immunity: State Emergency Response Commission; local emergency planning committees; persons providing equipment, advice or other assistance. |
| NRS 459.794. Exclusions from immunity: Damages from gross negligence or misconduct; persons causing discharge; persons receiving compensation for assistance. |
| NRS 459.796. Prerequisites for immunity: Persons providing equipment, advice or other assistance. |
| STORAGE TANKS |
| NRS 459.800. Definitions. |
| NRS 459.802. “Commission” defined. |
| NRS 459.804. “Department” defined. |
| NRS 459.806. “Director” defined. |
| NRS 459.808. “Division” defined. |
| NRS 459.810. “Operator” defined. |
| NRS 459.812. “Owner” defined. |
| NRS 459.814. “Person” defined. |
| NRS 459.816. “Regulated substance” defined. |
| NRS 459.818. “Release” defined. |
| NRS 459.820. “Storage tank” defined. |
| NRS 459.822. Department designated as state agency for regulation of storage tanks. |
| NRS 459.824. Duties of Director. |
| NRS 459.825. Coordination of fees, regulations and forms; duties of regulatory agencies. |
| NRS 459.826. Regulations of Commission: General requirements. |
| NRS 459.828. Owner or operator of storage tank to provide Department with certain information. |
| NRS 459.830. Regulations of Commission: Standards of performance. |
| NRS 459.832. Regulations of Commission: Closure, removal, disposal and management of storage tanks. |
| NRS 459.834. Regulations of Commission regarding corrective action, evidence of financial responsibility; determination of whether corrective action is required. |
| NRS 459.836. Permits to operate storage tanks: Regulations; terms and conditions; fee. |
| NRS 459.838. Account for Management of Storage Tanks: Creation; sources; claims. |
| NRS 459.840. Account for Management of Storage Tanks: Use; reimbursement; action by Attorney General. |
| NRS 459.842. Enforcement by Department; delegation of responsibility. |
| NRS 459.844. Subpoenas. |
| NRS 459.846. Disclosure of information obtained by Department. |
| NRS 459.848. Authority to enter and inspect. |
| NRS 459.850. Action to alleviate hazard to human health, public safety or environment. |
| NRS 459.852. Order for corrective action. |
| NRS 459.854. Injunctive relief. |
| NRS 459.856. Civil penalties; damages. |
| FUND FOR BROWNFIELD PROJECTS |
| NRS 459.860. Definitions. |
| NRS 459.862. “Administrator” defined. |
| NRS 459.864. “Brownfield project” defined. |
| NRS 459.866. “Brownfield site” defined. |
| NRS 459.868. “Brownfields Restoration Act” defined. |
| NRS 459.870. “Commission” defined. |
| NRS 459.872. “Division” defined. |
| NRS 459.874. “Federal grant” defined. |
| NRS 459.876. “Fund” defined. |
| NRS 459.878. Creation; use of money; payment of claims; acceptance of gifts, appropriations, contributions, grants and bequests. |
| NRS 459.880. Limitations on use of money. |
| NRS 459.882. Limitations regarding expenditures from money from federal grant. |
| NRS 459.884. Duties of Division. |
| NRS 459.886. Powers of Division. |
| NRS 459.888. Administrator may collect fee to defray costs of administering Fund. |
| NRS 459.890. Administrator may employ persons necessary to carry out duties. |
| NRS 459.892. Regulations. |
| MISCELLANEOUS PROVISIONS |
| NRS 459.900. Submission to governmental agencies of information regarding manufacture, processing, use and disposal of toxic chemicals. |
| NRS 459.910. Unlawful to store high-level radioactive waste in State. |
| NRS 459.920. Prerequisites for operation or display of radar gun or similar device. |
| NRS 459.930. Immunity from liability for certain persons for response actions and cleanup with respect to certain real property at which hazardous substance has been or may have been released. |