NEVADA STATUTORY PROVISIONS

CITED ON THE 

STATUTORY CROSSWALK

TAKEN FROM 

THE NEVADA REVISED STATUTES (2005)

As Published on the State Website at:

  HYPERLINK "http://www.leg.state.nv.us/law1.cfm" 
http://www.leg.state.nv.us/law1.cfm 

and 

THE NEVADA RULES OF CIVIL PROCEDURE

As Published on the State Website at:

  HYPERLINK "http://www.leg.state.nv.us/CourtRules/NRCP.html" 
http://www.leg.state.nv.us/CourtRules/NRCP.html 

June 12, 2006

CHAPTER 41 - ACTIONS AND PROCEEDINGS IN PARTICULAR CASES CONCERNING
PERSONS

Taken from the Nevada Revised Statutes (2005)

As published at   HYPERLINK
"http://www.leg.state.nv.us/nrs/nrs-041.html#NRS041Sec540" 
http://www.leg.state.nv.us/nrs/nrs-041.html#NRS041Sec540 

June 12, 2006

PRIVATE ACTIONS TO ENFORCE STATUTORY OR REGULATORY CONTROLS FOR
ENVIRONMENTAL PROTECTION

      NRS 41.540  Action may be brought against person causing
pollution, impairment or destruction of air, water or other natural
resources.

      1.  Any person who is a resident of this state may commence
an action in any district court of this state where any violation is
alleged to have occurred, to enforce compliance with any statute,
regulation or ordinance for the protection of the air, water and other
natural resources from pollution, impairment or destruction, if such
person has first given 30 days’ written notice of his intention to
file suit.

      2.  Such action shall be brought against the person, firm,
company, corporation, association, county, city or town causing such
pollution, impairment or destruction. The State or political subdivision
thereof responsible for enforcing such statute, regulation or ordinance
shall be named as a necessary party to the action.

      (Added to NRS by 1971, 861)

      NRS 41.550  Security for and apportionment of costs.  The
court may order the petitioner to post a surety bond or cash in an
amount not to exceed $500 to pay any cost or judgment which might be
rendered adverse to him in any action brought under the provisions of  
HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-041.html" \l
"NRS041Sec540"  NRS 41.540  to   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-041.html" \l "NRS041Sec570"  41.570
, inclusive. Costs may be apportioned to the parties if the interests of
justice require.

      (Added to NRS by 1971, 861)

      NRS 41.560  Relief which may be granted.  The court may
grant temporary or permanent equitable relief, or may enter such order
as may be necessary to enforce compliance with any statute, regulation
or ordinance for the protection of the air, water and other natural
resources from pollution, impairment or destruction.

      (Added to NRS by 1971, 861)

      NRS 41.570  Provisions supplementary to existing
administrative or regulatory provisions.  The provisions of   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-041.html" \l "NRS041Sec540"  NRS
41.540  to   HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-041.html" \l
"NRS041Sec570"  41.570 , inclusive, shall be supplementary to existing
administrative and regulatory procedures provided by law.

      (Added to NRS by 1971, 861)

CHAPTER 233B - NEVADA ADMINISTRATIVE PROCEDURE ACT

Taken from the Nevada Revised Statutes (2005)

As published at   HYPERLINK
"http://www.leg.state.nv.us/nrs/nrs-233b.html#NRS233BSec040" 
http://www.leg.state.nv.us/nrs/nrs-233b.html#NRS233BSec040 

June 12, 2006

   NRS 233B.040  Regulations: Adoption; enforcement; contents;
adoption of material by reference.

      1.  To the extent authorized by the statutes applicable to
it, each agency may adopt reasonable regulations to aid it in carrying
out the functions assigned to it by law and shall adopt such regulations
as are necessary to the proper execution of those functions. If adopted
and filed in accordance with the provisions of this chapter, the
following regulations have the force of law and must be enforced by all
peace officers:

      (a) The Nevada Administrative Code; and

      (b) Temporary and emergency regulations.

 In every instance, the power to adopt regulations to carry out a
particular function is limited by the terms of the grant of authority
pursuant to which the function was assigned.

      2.  Every regulation adopted by an agency must include:

      (a) A citation of the authority pursuant to which it, or any
part of it, was adopted; and

      (b) The address of the agency and, to the extent not
elsewhere provided in the regulation, a brief explanation of the
procedures for obtaining clarification of the regulation or relief from
the strict application of any of its terms, if the agency is authorized
by a specific statute to grant such relief, or otherwise dealing with
the agency in connection with the regulation.

      3.  An agency may adopt by reference in a regulation
material published by another authority in book or pamphlet form if:

      (a) It files one copy of the publication with the Secretary
of State and one copy with the State Library and Archives Administrator,
and makes at least one copy
avail扡敬映牯瀠扵楬⁣湩灳捥楴湯眠瑩⁨瑩⁳敲畧慬楴
湯㭳愠摮ꀍꂠꂠ⠠⥢吠敨爠晥牥湥散搠獩汣獯獥琠敨猠
畯捲⁥湡⁤牰捩⁥潦⁲異捲慨敳漠⁦桴⁥異汢捩瑡潩⹮

 An agency shall not attempt to incorporate any other material in a
regulation by reference.

      (Added to NRS by 1965, 963; A 1971, 804; 1977, 1385; 1985,
366, 1488; 1997, 3151)

CHAPTER 444 - SANITATION

Taken from the Nevada Revised Statutes (2005)

As published at   HYPERLINK
"http://www.leg.state.nv.us/nrs/nrs%2d444.html" 
http://www.leg.state.nv.us/nrs/nrs%2d444.html 

June 12, 2006

COLLECTION AND DISPOSAL OF SOLID WASTE

  HYPERLINK "http://www.leg.state.nv.us/nrs/nrs-444.html#NRS444Sec440" 
http://www.leg.state.nv.us/nrs/nrs-444.html#NRS444Sec440 

[ NOT APPLICABLE TO THE HAZARDOUS WASTE PROGRAM]

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-444.html" \l
"NRS444Sec440"  NRS 444.440             Declaration of state
policy.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-444.html" \l
"NRS444Sec450"  NRS 444.450             Definitions.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-444.html" \l
"NRS444Sec460"  NRS 444.460             “Disposal site”
defined.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-444.html" \l
"NRS444Sec465"  NRS 444.465             “Municipal solid
waste landfill” defined.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-444.html" \l
"NRS444Sec470"  NRS 444.470             “Municipality”
defined.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-444.html" \l
"NRS444Sec480"  NRS 444.480             “Person” defined.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-444.html" \l
"NRS444Sec490"  NRS 444.490             “Solid waste”
defined.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-444.html" \l
"NRS444Sec495"  NRS 444.495             “Solid waste
management authority” defined.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-444.html" \l
"NRS444Sec500"  NRS 444.500             “Solid waste
management system” defined.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-444.html" \l
"NRS444Sec510"  NRS 444.510             Municipal solid waste
management systems: Development, revision and approval of plans;
cooperative agreements.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-444.html" \l
"NRS444Sec520"  NRS 444.520             Municipal solid waste
management systems: Additional fees and charges; unpaid fees and charges
constitute lien against property; lien not effective until notice given.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-444.html" \l
"NRS444Sec530"  NRS 444.530             Municipal solid waste
management systems: Regulations for operation.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-444.html" \l
"NRS444Sec540"  NRS 444.540             Municipal solid waste
management systems: Acceptance and use of grants or appropriations.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-444.html" \l
"NRS444Sec550"  NRS 444.550             Municipal solid waste
management systems: Authority to acquire land, machinery, equipment or
facilities.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-444.html" \l
"NRS444Sec553"  NRS 444.553             Permits to operate
disposal sites: Issuance; requirements.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-444.html" \l
"NRS444Sec555"  NRS 444.555             Use of certain
disposal sites established by municipality restricted; penalty.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-444.html" \l
"NRS444Sec556"  NRS 444.556             Municipal solid waste
landfills: Permit required; conditions of permit; disclosure of records
regarding application for permit; powers of solid waste management
authority.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-444.html" \l
"NRS444Sec557"  NRS 444.557             Municipal solid waste
landfills: Program to monitor compliance with permits, laws and
regulations; allowance of intervention.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-444.html" \l
"NRS444Sec558"  NRS 444.558             Municipal solid waste
landfills: Regulations for program of issuing permits.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-444.html" \l
"NRS444Sec560"  NRS 444.560             Regulations of State
Environmental Commission: Adoption; fees; violation prohibited after
reasonable time.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-444.html" \l
"NRS444Sec570"  NRS 444.570             Duties of State
Department of Conservation and Natural Resources and State Environmental
Commission; inspections.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-444.html" \l
"NRS444Sec580"  NRS 444.580             Authority of district
board of health or municipality to adopt regulations and issue permits.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-444.html" \l
"NRS444Sec583"  NRS 444.583             Unlawful disposal of
motor vehicle battery, motor vehicle tire or motor oil; penalty; plan
for appropriate disposal; exemption.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-444.html" \l
"NRS444Sec585"  NRS 444.585             Ownership of
recyclable materials; unauthorized collection of recyclable materials
prohibited; penalty; civil remedy.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-444.html" \l
"NRS444Sec587"  NRS 444.587             Division of
Environmental Protection: Development of markets for products made from
recycled materials; reports to Legislature. [Repealed.]

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-444.html" \l
"NRS444Sec590"  NRS 444.590             Designation of State
Department of Conservation and Natural Resources as state agency for
participation in federal program; extent of authority.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-444.html" \l
"NRS444Sec592"  NRS 444.592             Solid waste
management authority: Powers of protection and enforcement.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-444.html" \l
"NRS444Sec594"  NRS 444.594             Solid waste
management authority: Contents of orders for protection or enforcement.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-444.html" \l
"NRS444Sec596"  NRS 444.596             Solid waste
management authority: Recovery of civil penalties for violations.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-444.html" \l
"NRS444Sec598"  NRS 444.598             Solid waste
management authority: Recovery of damages resulting from violations.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-444.html" \l
"NRS444Sec600"  NRS 444.600             Injunctive relief.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-444.html" \l
"NRS444Sec605"  NRS 444.605             Issuance and
enforcement of subpoenas.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-444.html" \l
"NRS444Sec610"  NRS 444.610             Unlawful acts;
penalties.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-444.html" \l
"NRS444Sec615"  NRS 444.615             Solid Waste
Management Account: Creation; deposits.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-444.html" \l
"NRS444Sec616"  NRS 444.616             Solid Waste
Management Account: Distribution and use.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-444.html" \l
"NRS444Sec620"  NRS 444.620             Applicability of
plans and provisions.

UNLAWFUL DISPOSAL OF SOLID WASTE OR SEWAGE

  HYPERLINK "http://www.leg.state.nv.us/nrs/nrs-444.html#NRS444Sec621" 
http://www.leg.state.nv.us/nrs/nrs-444.html#NRS444Sec621 

[ NOT APPLICABLE TO THE HAZARDOUS WASTE PROGRAM]

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-444.html" \l
"NRS444Sec621"  NRS 444.621             Definitions.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-444.html" \l
"NRS444Sec623"  NRS 444.623             “Dump site”
defined.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-444.html" \l
"NRS444Sec625"  NRS 444.625             “Solid waste”
defined.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-444.html" \l
"NRS444Sec627"  NRS 444.627             “Solid waste
management authority” defined.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-444.html" \l
"NRS444Sec629"  NRS 444.629             Program for control
of unlawful dumping: Establishment in certain larger counties;
administration; required elements; delegation of certain powers from
solid waste management authority to hearing officer or board.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-444.html" \l
"NRS444Sec630"  NRS 444.630             Prohibited acts;
criminal penalty; clean up of dump site; community service; timing of
commencement of clean up; proof of lawful disposal; revocation of
business license; identification of violator; persons required to
enforce provisions; issuance of citation; request for and provision of
information.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-444.html" \l
"NRS444Sec635"  NRS 444.635             Civil penalties:
Liability upon each conviction; increase of penalty for subsequent
conviction; payment in installments; collection; disposition and use of
money collected.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-444.html" \l
"NRS444Sec637"  NRS 444.637             Performance of
certain functions by nonprofit organization.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-444.html" \l
"NRS444Sec639"  NRS 444.639             Issuance and
enforcement of subpoenas.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-444.html" \l
"NRS444Sec640"  NRS 444.640             Reward for
information leading to arrest and conviction of violator; regulations.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-444.html" \l
"NRS444Sec645"  NRS 444.645             Notice of provision
of   HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-444.html" \l
"NRS444Sec555"  NRS 444.555  or   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-444.html" \l "NRS444Sec630"  444.630
 to be posted; offer of reward.

DISPOSAL OF SEWAGE

  HYPERLINK "http://www.leg.state.nv.us/nrs/nrs-444.html#NRS444Sec650" 
http://www.leg.state.nv.us/nrs/nrs-444.html#NRS444Sec650 

[ NOT APPLICABLE TO THE HAZARDOUS WASTE PROGRAM]

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-444.html" \l
"NRS444Sec650"  NRS 444.650             Regulations to
control use of residential individual system.

CHAPTER 445A - WATER CONTROLS

  HYPERLINK "http://www.leg.state.nv.us/nrs/nrs-445a.html" 
http://www.leg.state.nv.us/nrs/nrs-445a.html 

NRS 445A.345  “Discharge” defined.  “Discharge” means any
addition of a pollutant or pollutants to water.

      (Added to NRS by 1973, 1708)—(Substituted in revision for
NRS 445.151)

* * * * * 

      NRS 445A.395  “Point source” defined.  “Point
source” means any discernible, confined and discrete conveyance,
including but not limited to any pipe, ditch, channel, tunnel, conduit,
well, discrete fissure, container, rolling stock, concentrated animal
feeding operation, or vessel or other floating craft, from which
pollutants are or may be discharged. The term does not include return
flows from irrigated agriculture.

      (Added to NRS by 1973, 1708; A 1979, 1027)—(Substituted in
revision for NRS 445.176)

* * * *

NRS 445A.400  “Pollutant” defined.  “Pollutant”:

      1.  Means dredged soil, solid waste, incinerator residue,
sewage, garbage, sewage sludge, munitions, chemical wastes, biological
materials, radioactive materials, heat, wrecked or discarded equipment,
rock, sand, cellar dirt and industrial, municipal and agricultural waste
discharged into water.

      2.  Does not mean water, gas or other material which is
injected into a well to facilitate production of oil or gas, or water
derived in association with oil or gas production and disposed of in a
well, if the well is used either for facilitating production or for
disposal purposes and if the Department determines that such injection
or disposal will not result in the degradation of ground or surface
water resources.

      3.  Does not mean water, gas or other material injected into
a well or used to stimulate a reservoir of geothermal resources if the
Department determines that the injection or stimulation will not result
in the degradation of ground or surface water resources.

      (Added to NRS by 1973, 1708; A 1981, 660)—(Substituted in
revision for NRS 445.178)

 * * * *

NRS 445A.415  “Waters of the State” defined.  “Waters of the
State” means all waters situated wholly or partly within or bordering
upon this State, including but not limited to:

      1.  All streams, lakes, ponds, impounding reservoirs,
marshes, water courses, waterways, wells, springs, irrigation systems
and drainage systems; and

      2.  All bodies or accumulations of water, surface and
underground, natural or artificial.

      (Added to NRS by 1973, 1709)—(Substituted in revision for
NRS 445.191)

* * * * * 

NRS 445A.465  Injection of fluids through well or discharge of
pollutant without permit prohibited; regulations.

      1.  Except as authorized by a permit issued by the
Department pursuant to the provisions of   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-445A.html" \l "NRS445ASec300"  NRS
445A.300  to   HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-445A.html"
\l "NRS445ASec730"  445A.730 , inclusive, and regulations adopted by the
Commission, it is unlawful for any person to:

      (a) Discharge from any point source any pollutant into any
waters of the State or any treatment works.

      (b) Inject fluids through a well into any waters of the
State.

      (c) Discharge from a point source a pollutant or inject
fluids through a well that could be carried into the waters of the State
by any means.

      (d) Allow a pollutant discharged from a point source or
fluids injected through a well to remain in a place where the pollutant
or fluids could be carried into the waters of the State by any means.

      2.  The Commission shall adopt regulations which provide a
simplified procedure for approval by the Department of permits that are
required by subsection 1 for work related to clearing and maintaining
the channel of a navigable river, including, without limitation,
dredging or filling, bank stabilization or restoration, channel
clearance, construction of irrigation diversions or the clearance of
vegetation, debris or temporary obstructions. The regulations must
include a limitation on the time allowed for the processing of an
application for such a permit to not more than 60 days after receipt by
the Department of a completed application and any required fees, unless
the Administrator determines that it is in the public interest to hold a
public hearing regarding the application and promptly notifies the
applicant of that determination.

      (Added to NRS by 1973, 1711; A 1985, 765; 1991, 857, 1742,
1743; 1997, 1262)

* * * * * 

NRS 445A.490  Permits: Issuance prohibited in certain cases.  No
permit may be issued which authorizes any discharge or injection of
fluids through a well into any waters of the State:

      1.  Of any radiological, chemical or biological warfare
agent or high-level radioactive waste;

      2.  Which would substantially impair anchorage and
navigation in any waters of the State;

      3.  Which would result in the degradation of existing or
potential underground sources of drinking water;

      4.  Which is inconsistent with an applicable areawide plan
for management of the treatment of waste; or

      5.  Which the Director determines is inconsistent with the
regulations and guidelines adopted by the Commission pursuant to  
HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-445A.html" \l
"NRS445ASec300"  NRS 445A.300  to   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-445A.html" \l "NRS445ASec730" 
445A.730 , inclusive, including those relating to standards of water
quality and injections of fluids through a well.

      (Added to NRS by 1973, 1711; A 1985, 766)—(Substituted in
revision for NRS 445.224)

CHAPTER 459 - HAZARDOUS MATERIALS

  HYPERLINK "http://ndep.nv.gov/admin/nrs459.htm" 
http://ndep.nv.gov/admin/nrs459.htm 

REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES

[NOT APPLICABLE TO HAZARDOUS WASTE]

General Provisions

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec380"  NRS 459.380             Legislative
declaration.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec3802"  NRS 459.3802           Definitions.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec3806"  NRS 459.3806           “Division” defined.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec38075"  NRS 459.38075         “Facility” defined.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec3809"  NRS 459.3809           “Process” defined.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec38125"  NRS 459.38125         “Vessel” defined.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec3813"  NRS 459.3813           Applicability of
statutory provisions and regulations to certain facilities; exemptions.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec3814"  NRS 459.3814           Applicability of
statutory provisions: Excluded activities.

 

Administration

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec3816"  NRS 459.3816           Designation of highly
hazardous substances and explosives: Regulations; amendment.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec3818"  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.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec3819"  NRS 459.3819           Inspections by state
and local agencies of facilities where explosives are manufactured,
used, processed, handled, moved on site or stored.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec38195"  NRS 459.38195         Investigation of certain
accidents: Powers and duties of Division; duty of owner or operator of
facility to cooperate.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec382"  NRS 459.382             Reports of regulatory
agencies; review of requirements of regulatory agencies; final authority
of Division.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec3822"  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.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec3824"  NRS 459.3824           Annual fees; Fund for
Precaution Against Chemical Accidents.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec3829"  NRS 459.3829           Permits to construct or
commence operation of new process: Requirements; application;
regulations; fee.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec3832"  NRS 459.3832           Regulations concerning
certification of records, reports and information submitted to Division;
requirements for signature on certification.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec3833"  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.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec3834"  NRS 459.3834           Unlawful acts;
penalties.

 

Committee to Oversee the Management of Risks

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec3862"  NRS 459.3862           “Committee”
defined.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec3864"  NRS 459.3864           Creation; appointment
of members; appointment of chairman and cochairman; resources.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec3866"  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.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec3868"  NRS 459.3868           Duties.

 

Enforcement And Penalties

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec387"  NRS 459.387             Entry into facility
to verify compliance with statutory requirements and regulations;
issuance of order.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec3872"  NRS 459.3872           Injunctive relief; levy
of civil administrative penalty; notice of levy of penalty; request for
hearing; payment of penalty.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec3874"  NRS 459.3874           Amount of civil
administrative penalties; settlement of claim; imposition of civil
penalty.

CHAPTER 459 - HAZARDOUS MATERIALS

DISPOSAL OF HAZARDOUS WASTE

  HYPERLINK "http://www.leg.state.nv.us/nrs/nrs-459.html#NRS459Sec400" 
http://www.leg.state.nv.us/nrs/nrs-459.html#NRS459Sec400 

  NRS 459.400  Purpose.  The purposes of   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-459.html" \l "NRS459Sec400"  NRS
459.400  to   HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec600"  459.600 , inclusive, are to:

      1.  Protect human health, public safety and the environment
from the effects of improper, inadequate or unsound management of
hazardous waste;

      2.  Establish a program for regulation of the storage,
generation, transportation, treatment and disposal of hazardous waste;
and

      3.  Ensure safe and adequate management of hazardous waste.

      (Added to NRS by 1981, 880)—(Substituted in revision for
NRS 444.700)

      NRS 459.405  Definitions.  As used in   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-459.html" \l "NRS459Sec400"  NRS
459.400  to   HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec600"  459.600 , inclusive, unless the context otherwise
requires, the words and terms defined in   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-459.html" \l "NRS459Sec410"  NRS
459.410  to   HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec455"  459.455 , inclusive, have the meanings ascribed to them
in those sections.

      (Added to NRS by 1981, 880; A 1989, 1489; 1991, 842, 857,
1936;   HYPERLINK
"http://www.leg.state.nv.us/Statutes/70th/Stats199908.html" \l
"Stats199908page1120"  1999, 1120 ;   HYPERLINK
"http://www.leg.state.nv.us/Statutes/72nd/Stats200317.html" \l
"Stats200317page2114"  2003, 2114 )

      NRS 459.410  “Commission” defined.  “Commission”
means the State Environmental Commission.

      (Added to NRS by 1981, 880)—(Substituted in revision for
NRS 444.704)

      NRS 459.415  “Department” defined.  “Department”
means the State Department of Conservation and Natural Resources.

      (Added to NRS by 1981, 880)—(Substituted in revision for
NRS 444.706)

      NRS 459.420  “Director” defined.  “Director” means
the Director of the Department.

      (Added to NRS by 1981, 880)—(Substituted in revision for
NRS 444.708)

      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 part of it to enter the
environment, be emitted into the air or be discharged into any water,
including any groundwater.

      (Added to NRS by 1981, 880)—(Substituted in revision for
NRS 444.710)

      NRS 459.428  “Hazardous material” defined.
 “Hazardous material” has the meaning ascribed to it in   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-459.html" \l "NRS459Sec7024"  NRS
459.7024 .

      (Added to NRS by 1989, 1488; A 1993, 847;   HYPERLINK
"http://www.leg.state.nv.us/Statutes/70th/Stats199921.html" \l
"Stats199921page3349"  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 or infectious characteristics may:

      (a) Cause or significantly contribute to an increase in
mortality or serious irreversible or incapacitating illness; or

      (b) Pose a substantial hazard or potential hazard to human
health, public safety or the environment when
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 The term includes, among other wastes, toxins, corrosives, flammable
materials, irritants, strong sensitizers and materials which generate
pressure by decomposition, heat or otherwise.

      (Added to NRS by 1981, 880; A   HYPERLINK
"http://www.leg.state.nv.us/Statutes/70th/Stats199908.html" \l
"Stats199908page1121"  1999, 1121 )

      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, motel, bunkhouse, ranger station, crew
quarters, campground, picnic ground and day-use recreational area. The
term does not include nickel, cadmium, mercuric oxide, manganese,
zinc-carbon or lead batteries, toxic art supplies, used motor oil,
kerosene, solvent-based paint, paint thinner, paint solvents,
fluorescent or high-intensity light bulbs, ammunition, fireworks,
pesticides the use of which has been prohibited or restricted, or any
other waste generated by a household that would otherwise be defined as
hazardous waste pursuant to subsection 2 of   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-459.html" \l "NRS459Sec430"  NRS
459.430 .

      (Added to NRS by   HYPERLINK
"http://www.leg.state.nv.us/Statutes/70th/Stats199908.html" \l
"Stats199908page1116"  1999, 1116 )

      NRS 459.435  “Management of hazardous waste” defined. 
“Management of hazardous waste” means the systematic control of the
generation, collection, storage, transportation, processing, treatment,
recovery and disposal of hazardous waste.

      (Added to NRS by 1981, 881)—(Substituted in revision for
NRS 444.714)

      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 generation, storage, treatment and
disposal, and specifying the quantity, composition, origin, route and
destination of the waste.

      (Added to NRS by 1981, 881)—(Substituted in revision for
NRS 444.716)

      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)—(Substituted in
revision for NRS 444.718)

      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 include any substance subject to regulation under Subtitle C of
that act as hazardous waste; and

      2.  Any petroleum, including crude oil or any fraction
thereof that is liquid at standard condition of temperature and
pressure, 60 degrees Fahrenheit and 14.7 pounds per square inch
absolute. The term includes, but is not limited to, petroleum and
petroleum-based substances comprised of a complex blend of hydrocarbons
derived from crude oil through processes of separation, conversion,
upgrading and finishing, such as motor fuels, jet fuels, distillate fuel
oils, residual fuel oils, lubricants, solvents and used oils.

      (Added to NRS by 1989, 1489)

      NRS 459.450  “Storage” defined.  “Storage” means
the containment of hazardous waste, temporarily or for a period of
years, in a manner which does not constitute disposal.

      (Added to NRS by 1981, 881)—(Substituted in revision for
NRS 444.720)

      NRS 459.455  “Treatment” defined.  “Treatment”
means a 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,
nonhazardous, safer for transportation, storage and disposal, amenable
to recovery of resources from it, or reduce its volume.

      (Added to NRS by 1981, 881)—(Substituted in revision for
NRS 444.722)

      NRS 459.460  Applicability of   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-459.html" \l "NRS459Sec400"  NRS
459.400  to   HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec600"  459.600 , inclusive.

      1.    HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-459.html" \l "NRS459Sec400"  NRS
459.400  to   HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec600"  459.600 , inclusive, do not apply to any activity or
substance which is subject to control pursuant to   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-445A.html" \l "NRS445ASec300"  NRS
445A.300  to   HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-445A.html"
\l "NRS445ASec955"  445A.955 , inclusive, and   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-459.html" \l "NRS459Sec010"  459.010
 to   HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec290"  459.290 , inclusive, except to the extent that they can
be applied in a manner which is not inconsistent with those sections.

      2.  The Director shall administer   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-459.html" \l "NRS459Sec400"  NRS
459.400  to   HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec600"  459.600 , inclusive, in a manner which avoids
duplication of the provisions of   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-445A.html" \l "NRS445ASec300"  NRS
445A.300  to   HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-445A.html"
\l "NRS445ASec955"  445A.955 , inclusive, and   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-445B.html" \l "NRS445BSec100" 
445B.100  to   HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-445B.html"
\l "NRS445BSec640"  445B.640 , inclusive, and the Federal Insecticide,
Fungicide and Rodenticide Act, 7 U.S.C. §§ 136 et seq.

      (Added to NRS by 1981, 881; A   HYPERLINK
"http://www.leg.state.nv.us/Statutes/72nd/Stats200317.html" \l
"Stats200317page2115"  2003, 2115 )

      NRS 459.465  Types of waste subject to   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-459.html" \l "NRS459Sec400"  NRS
459.400  to   HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec600"  459.600 , inclusive.  The following types of waste are
subject to the provisions of   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-459.html" \l "NRS459Sec400"  NRS
459.400  to   HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec600"  459.600 , inclusive, only if they are regulated pursuant
to the Federal Resource Conservation and Recovery Act of 1976, 42 U.S.C.
§§ 6901 et seq.:

      1.  Fly ash, bottom ash, slag and waste removed from flue
gas from the combustion of coal or other fossil fuels;

      2.  Solid waste from extraction, beneficiation and
processing of ores and minerals, including phosphate rock and overburden
from the mining of uranium ore;

      3.  Dust from cement kilns; and

      4.  Drilling fluids and other wastes produced by
exploration, development or production of oil, gas or geothermal energy.

      (Added to NRS by 1981, 882; A   HYPERLINK
"http://www.leg.state.nv.us/Statutes/72nd/Stats200317.html" \l
"Stats200317page2115"  2003, 2115 )

      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
regulations pursuant to   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-459.html" \l "NRS459Sec400"  NRS
459.400  to   HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec600"  459.600 , inclusive.

      2.  The Department may take any action necessary and
appropriate to secure the benefits of any federal law relating to
hazardous waste.

      (Added to NRS by 1981, 883)—(Substituted in revision for
NRS 444.728)

      NRS 459.475  Duties of Department.  The Department shall:

      1.  Except as otherwise provided in   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-459.html" \l "NRS459Sec480"  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, descriptions of:

      (a) Sources of hazardous waste, including information on the
types and quantities of the waste;

      (b) Current practices and costs in the management of
hazardous waste, including treatment, storage and disposal; and

      (c) The hazards associated with the use by a consumer of a
commercial product in a manner contrary to the directions for use,
cautions or warnings appearing on the label of the product, if the
Department determines that such a description is necessary; and

      3.  Cooperate with other states to bring about improved
management of hazardous waste, encourage the enactment of uniform state
laws relating to hazardous waste, and develop compacts between this and
other states which are designed to provide for improved management of
hazardous waste.

      (Added to NRS by 1981, 883; A   HYPERLINK
"http://www.leg.state.nv.us/Statutes/70th/Stats199908.html" \l
"Stats199908page1121"  1999, 1121 )

      NRS 459.480  Delegation of responsibility for enforcement of
  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec400"  NRS 459.400  to   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-459.html" \l "NRS459Sec600"  459.600
, inclusive.  The Department may delegate responsibility for the
enforcement of   HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html"
\l "NRS459Sec400"  NRS 459.400  to   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-459.html" \l "NRS459Sec600"  459.600
, inclusive, or any regulations adopted pursuant to those sections to
suitably qualified agencies of the political subdivisions of this State.

      (Added to NRS by 1981, 883)—(Substituted in revision for
NRS 444.732)

      NRS 459.485  Duties of Commission.  The Commission shall:

      1.  Adopt regulations governing systems of hazardous waste
management, including the plan for management of hazardous waste in the
entire State; and

      2.  Through the Department:

      (a) Advise, consult and cooperate with other agencies of the
State, other states, the Federal Government, municipalities and other
persons on matters relating to formulation of plans for managing
hazardous waste.

      (b) Develop a plan for management of hazardous waste in the
entire State.

      (c) Develop a program to encourage the minimization of
hazardous waste and the recycling or reuse of hazardous waste by persons
who generate hazardous waste within Nevada. The program may include
grants or other financial incentives.

      (Added to NRS by 1981, 881; A 1991, 842)

      NRS 459.490  General requirements for regulations. 
Regulations adopted by the Commission pursuant to   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-459.html" \l "NRS459Sec485"  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.  Govern combinations of wastes which are not compatible
and may not be stored, treated or disposed of together;

      3.  Govern generation, storage, treatment and disposal of
hazardous waste;

      4.  Govern operation and maintenance of facilities for the
treatment, storage and disposal of hazardous waste, including the
qualifications and requirements for ownership, continuity of operation,
closure and care after closing;

      5.  Provide standards for location, design and construction
of facilities for treatment, storage and disposal of hazardous waste;

      6.  Except as otherwise provided in   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-459.html" \l "NRS459Sec700"  NRS
459.700  to   HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec780"  459.780 , inclusive, govern the transportation, packing
and labeling of hazardous waste in a manner consistent with regulations
issued by the United States Department of Transportation relating to
hazardous waste;

      7.  Provide procedures and requirements for the use of a
manifest for each shipment of hazardous waste. The procedures and
requirements must be applied equally to those persons who transport
hazardous waste generated by others and those who transport hazardous
waste which they have generated themselves; and

      8.  Take into account climatic and geologic variations and
other factors relevant to the management of hazardous waste.

      (Added to NRS by 1981, 882; A 1987, 1755; 1993, 847)

      NRS 459.500  Contents of regulations; enforcement of
regulations relating to transportation and handling of hazardous waste.

      1.  Except as otherwise provided in   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-459.html" \l "NRS459Sec700"  NRS
459.700  to   HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec780"  459.780 , inclusive, or   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-459.html" \l "NRS459Sec800"  459.800
 to   HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec856"  459.856 , inclusive:

      (a) Regulations of the Commission must provide:

             (1) For safety in the packaging, handling,
transportation and disposal of hazardous waste;

             (2) For the certification of consultants
involved in consultation regarding the response to and the clean up of
leaks of hazardous waste, hazardous material or a regulated substance
from underground storage tanks, the clean up of spills of or accidents
involving hazardous waste, hazardous material or a regulated substance,
or the management of hazardous waste;

             (3) That a person employed full time by a
business to act as such a consultant is exempt from the requirements of
certification if the person:

                   (I) Meets the applicable
requirements of 29 C.F.R. § 1910.120 to manage such waste, materials or
substances; and

                   (II) Is acting in the course of
that full-time employment; and

             (4) For the certification of laboratories that
perform analyses for the purposes of   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-459.html" \l "NRS459Sec400"  NRS
459.400  to   HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec600"  459.600 , inclusive,   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-459.html" \l "NRS459Sec610"  459.610
 to   HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec658"  459.658 , inclusive, and   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-459.html" \l "NRS459Sec800"  459.800
 to   HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec856"  459.856 , inclusive, to identify whether waste is
hazardous waste or to detect the presence of hazardous waste or a
regulated substance in soil or water.

      (b) Regulations of the Commission may:

             (1) Provide for the licensing and other
necessary regulation of generators, including shippers and brokers, who
cause that waste to be transported into or through Nevada or for
disposal in Nevada;

             (2) Require that the person responsible for a
spill, leak or accident involving hazardous waste, hazardous material or
a regulated substance, obtain advice on the proper handling of the
spill, leak or accident from a consultant certified under the
regulations adopted pursuant to paragraph (a); and

             (3) Establish standards relating to the
education, experience, performance and financial responsibility required
for the certification of consultants.

      2.  The regulations may include provisions for:

      (a) Fees to pay the cost of inspection, certification and
other regulation, excluding any activities conducted pursuant to  
HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec7052"  NRS 459.7052  to   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-459.html" \l "NRS459Sec728"  459.728
, inclusive; and

      (b) Administrative penalties of not more than $2,500 per
violation or $10,000 per shipment for violations by persons licensed by
the Department, and the criminal prosecution of violations of its
regulations by persons who are not licensed by the Department.

      3.  Designated employees of the Department and the Nevada
Highway Patrol Division shall enforce the regulations of the Commission
relating to the transport and handling of hazardous waste and the
leakage or spill of that waste from packages.

      (Added to NRS by 1981, 882; A 1985, 1990; 1987, 1755; 1989,
1489; 1993, 847; 1997, 2002;   HYPERLINK
"http://www.leg.state.nv.us/Statutes/70th/Stats199921.html" \l
"Stats199921page3349"  1999, 3349 ;   HYPERLINK
"http://www.leg.state.nv.us/Statutes/71st/Stats200107.html" \l
"Stats200107page899"  2001, 899 ;   HYPERLINK
"http://www.leg.state.nv.us/Statutes/72nd/Stats200317.html" \l
"Stats200317page2115"  2003, 2115 )

      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 presence of hazardous waste or a
regulated substance in soil or water as required for the purposes of  
HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec400"  NRS 459.400  to   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-459.html" \l "NRS459Sec600"  459.600
, inclusive,   HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html"
\l "NRS459Sec610"  459.610  to   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-459.html" \l "NRS459Sec658"  459.658
, inclusive, or   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-459.html" \l "NRS459Sec800"  459.800
 to   HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec856"  459.856 , inclusive, must be performed by a laboratory
certified pursuant to the regulations adopted pursuant to   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-459.html" \l "NRS459Sec500"  NRS
459.500 .

      2.  The provisions of subsection 1 do not apply to an
analysis of waste that is managed by a facility for the management of
hazardous waste.

      (Added to NRS by   HYPERLINK
"http://www.leg.state.nv.us/Statutes/72nd/Stats200317.html" \l
"Stats200317page2114"  2003, 2114 )

      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   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-459.html" \l "NRS459Sec400"  NRS
459.400  to   HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec600"  459.600 , inclusive, must be performed by a laboratory
certified pursuant to the regulations adopted pursuant to   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-459.html" \l "NRS459Sec500"  NRS
459.500 .

      (Added to NRS by   HYPERLINK
"http://www.leg.state.nv.us/Statutes/72nd/Stats200317.html" \l
"Stats200317page2114"  2003, 2114 )

      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 than 99 years.

      3.  All land used as provided in subsection 1 must be closed
to the public, in a manner which the Director shall prescribe, during
the term of the lease or agreement and thereafter until all danger to
public health arising from that use no longer exists.

      4.  Regulations adopted by the Commission for the control of
disposal sites immediately become part of each agreement entered into
pursuant to subsection 1.

      (Added to NRS by 1981, 887)—(Substituted in revision for
NRS 444.742)

      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 sufficient
to defray all costs of monitoring, securing or otherwise regulating the
storage or disposal of hazardous wastes. The fee for use of a disposal
area must not be less than 25 cents per cubic foot of material placed in
the area. The person who contracts with the State for the use of a
disposal area is responsible for the payment of these fees. The
Commission may authorize the Department to waive all or part of the fees
collected pursuant to this section for wastes generated:

      (a) By agencies of the State of Nevada.

      (b) In compliance with an order by the Department to clean up
a spill or deposit.

      2.  Procedures for the collection of interest on delinquent
fees and other accounts for the use of disposal areas.

      3.  Penalties of no more than $3,000 per day for each
separate failure to comply with a license or agreement or $25,000 for
any 30-day period for all failures to comply.

      (Added to NRS by 1981, 887; A 1991, 843)

      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 shall, in addition to any other applicable fees, pay
to the Department to offset partially the cost incurred by the State
Fire Marshal for training emergency personnel who respond to the scene
of accidents involving hazardous materials a fee of $4.50 per ton of the
volume received for the disposal of hazardous waste by the facility.

      2.  The owner or operator of a facility for the management
of hazardous waste shall, in addition to any other applicable fees, pay
to the Department to offset partially the cost incurred by the Public
Utilities Commission of Nevada for inspecting and otherwise ensuring the
safety of any shipment of hazardous materials transported by rail car
through or within this State a fee of $1.50 per ton of the volume
received for the disposal of hazardous waste by the facility.

      3.  The operator of such a facility shall pay the fees
provided in this section, based upon the volume of hazardous waste
received by the facility during each quarter of the calendar year,
within 30 days after the end of each quarter. The Department may assess
and collect a penalty of 2 percent of the unpaid balance for each month,
or portion thereof, that the fee remains due.

      (Added to NRS by 1991, 842; A 1997, 2003)

      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 treatment, storage or disposal of hazardous waste; or

      (b) Treat, store or dispose of any hazardous waste,

 unless he has first obtained a permit from the Department to do so.

      2.  A person who:

      (a) Conducts an activity for which a permit is required
pursuant to this section, and is doing so on the effective date of the
regulations establishing procedures for the system of permits; and

      (b) Has made an application for a permit,

 shall be deemed to have been issued a permit until his application
has been acted upon, unless a delay in that action was caused by his
failure to furnish information which was reasonably requested or
required for the processing of the application.

      3.  The Commission may require a person who is conducting an
activity pursuant to subsection 2 to comply with requirements which it
has specified by regulation before a permit is issued.

      (Added to NRS by 1981, 883)—(Substituted in revision for
NRS 444.746)

      NRS 459.520  Regulations governing permits.

      1.  The Commission shall adopt regulations for the granting,
renewal, modification, suspension, revocation and denial of permits.

      2.  If the local government within whose territory a
facility for the treatment, storage or disposal of hazardous waste is to
be located requires that a special use permit or other authorization be
obtained for such a facility or activity, the application to the
Department for a permit to operate such a facility must show that local
authorization has been obtained. This requirement does not apply to an
application for a permit to construct a utility facility that is subject
to the provisions of   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-704.html" \l "NRS704Sec820"  NRS
704.820  to   HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-704.html" \l
"NRS704Sec900"  704.900 , inclusive.

      3.  Permits may contain terms and conditions which the
Department considers necessary and which conform to the provisions of
regulations adopted by the Commission.

      4.  Permits may be issued for any period of not more than 5
years.

      5.  A permit may not be granted or renewed if the Director
determines that granting or renewing the permit is inconsistent with any
regulation of the Commission relating to hazardous waste or with the
plan for management of hazardous waste developed pursuant to   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-459.html" \l "NRS459Sec485"  NRS
459.485 . The provisions of this subsection do not apply to a permit
granted or under review before July 1, 1987.

      6.  The Department may suspend or revoke a permit pursuant
to the Commission’s regulations if the holder of the permit fails or
refuses to comply with the terms of the permit or a regulation of the
Commission relating to hazardous waste.

      7.  A permit may not be granted, renewed or modified for a
facility for the disposal of hazardous waste that proposes to construct
or operate a landfill unless the Director determines that the landfill
is or will be constructed to include at least one liner and a leachate
collection and removal system designed to prevent the migration of waste
or leachate to the adjacent subsurface soils, groundwater and surface
water.

      8.  As used in this section:

      (a) “Landfill” means a disposal facility or part of a
facility where hazardous waste is placed in or on land and which is not
a pile, a land-treatment facility, a surface impoundment, an
underground-injection well, a salt-dome formation, a salt-bed formation,
an underground mine or a cave.

      (b) “Leachate” means any liquid, including any suspended
components in the liquid, that has percolated through or drained from a
landfill.

      (c) “Leachate collection and removal system” means a
layer of granular or synthetic materials installed above a liner and
operated in conjunction with drains, pipes, sumps and pumps or other
means designed to collect and remove leachate from a landfill.

      (d) “Liner” means a continuous layer of man-made material
installed beneath and on the sides of a landfill which restricts the
downward or lateral escape of hazardous waste, hazardous waste
constituents or leachate, and prevents the migration of waste to the
adjacent subsurface soils, groundwater and surface water.

      (Added to NRS by 1981, 884; A 1985, 903; 1987, 1482;  
HYPERLINK "http://www.leg.state.nv.us/Statutes/71st/Stats200120.html" \l
"Stats200120page2990"  2001, 2990 ;   HYPERLINK
"http://www.leg.state.nv.us/Statutes/73rd/Stats200515.html" \l
"Stats200515page1504"  2005, 1504 )

      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 requiring that
the owner or operator of any facility for the treatment, storage or
disposal of hazardous waste show his financial responsibility for the
undertaking by providing:

      (a) Evidence that he has a policy of liability insurance in
an amount which the Department has determined is necessary for the
protection of human health, public safety and the environment;

      (b) Evidence of security, in a form and amount which the
Department deems necessary, to ensure that at the time of any
abandonment, cessation or interruption of the service provided by the
facility, and thereafter, all appropriate measures will be taken to
prevent damage to human health, public safety and the environment; and

      (c) Any other evidence of financial responsibility which the
Commission finds necessary for those purposes.

      2.  Requirements established pursuant to this section may
not exceed those requirements for financial responsibility established
pursuant to the Resource Conservation and Recovery Act of 1976, 42
U.S.C. §§ 6901 et seq.

      3.  Any claim arising from conduct for which evidence of
financial responsibility is required may be asserted directly against
the insurer, guarantor, surety or other person providing such evidence
if the owner or operator:

      (a) Has filed a petition in bankruptcy, or is the object of
an involuntary petition;

      (b) Cannot respond in damages in the event a judgment is
entered against him; or

      (c) Is not subject to the personal jurisdiction of any court
of this or any other state, or of the United States, or cannot, with due
diligence, be served with process.

      4.  If a claim is asserted directly against a person
providing evidence of financial responsibility, that person may assert
any right or defense which:

      (a) He might have asserted in any action against him by the
owner or operator; or

      (b) The owner or operator might have asserted, had the claim
been made against him.

      (Added to NRS by 1981, 884; A 1987, 1482)

      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  
HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec505"  NRS 459.505 , all application fees collected pursuant to
  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec634"  NRS 459.634 , all reimbursements and penalties recovered
pursuant to   HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec537"  NRS 459.537 , and all fees collected and all civil
penalties imposed pursuant to   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-459.html" \l "NRS459Sec400"  NRS
459.400  to   HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec658"  459.658 , inclusive, must be deposited with the State
Treasurer for credit to the Account for the Management of Hazardous
Waste, which is hereby created in the State General Fund. All interest
earned on the money in the Account must be credited to the Account. The
money in the Account must be paid as other claims against the State are
paid.

      2.  The State Treasurer shall account separately for each of
the fees collected pursuant to   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-459.html" \l "NRS459Sec512"  NRS
459.512 .

      (Added to NRS by 1981, 884; A 1985, 904; 1991, 843, 1771;
1993, 839;   HYPERLINK
"http://www.leg.state.nv.us/Statutes/70th/Stats199916.html" \l
"Stats199916page2695"  1999, 2695 ;   HYPERLINK
"http://www.leg.state.nv.us/Statutes/72nd/Stats200302.html" \l
"Stats200302page346"  2003, 346 )

      NRS 459.535  Account for Management of Hazardous Waste: Use.

      1.  Except as otherwise provided in   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-459.html" \l "NRS459Sec537"  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 other management of
hazardous waste;

      (b) Establishing and maintaining a program of certification
of consultants involved in the clean up of leaks of hazardous waste,
hazardous material or a regulated substance from underground storage
tanks or the clean up of spills of or accidents involving hazardous
waste, hazardous material or a regulated substance;

      (c) Training persons to respond to accidents or other
emergencies related to hazardous materials, including any basic training
by the State Fire Marshal which is necessary to prepare personnel for
advanced training related to hazardous materials;

      (d) Establishing and maintaining a program by the Public
Utilities Commission of Nevada to inspect and otherwise ensure the
safety of any shipment of hazardous materials transported by rail car
through or within the State; and

      (e) Financial incentives and grants made in furtherance of
the program developed pursuant to paragraph (c) of subsection 2 of  
HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec485"  NRS 459.485  for the minimization, recycling and reuse
of hazardous waste.

      2.  Money in the Account for the Management of Hazardous
Waste may be expended to provide matching money required as a condition
of any federal grant for the purposes of   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-459.html" \l "NRS459Sec800"  NRS
459.800  to   HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec856"  459.856 , inclusive.

      (Added to NRS by 1985, 903; A 1989, 775, 1490, 1491; 1991,
843, 1772; 1993, 839; 1997, 2003)

      NRS 459.537  Account for Management of Hazardous Waste:
Payment of costs of responding to leak, spill or accident;
reimbursement; action by Attorney General.

      1.  If the person responsible for a leak or spill of or an
accident involving hazardous waste, hazardous material or a regulated
substance does not act promptly and appropriately to clean and
decontaminate the affected area properly, and if his inaction presents
an imminent and substantial hazard to human health, public safety or the
environment, money from the Account for the Management of Hazardous
Waste may be expended to pay the costs of:

      (a) Responding to the leak, spill or accident;

      (b) Coordinating the efforts of state, local and federal
agencies responding to the leak, spill or accident;

      (c) Managing the cleaning and decontamination of an area for
the disposal of hazardous waste or the site of the leak, spill or
accident;

      (d) Removing or contracting for the removal of hazardous
waste, hazardous material or a regulated substance which presents an
imminent danger to human health, public safety or the environment; or

      (e) Services rendered in responding to the leak, spill or
accident, by consultants certified pursuant to regulations adopted by
the Commission.

      2.  Except as otherwise provided in this subsection or  
HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec610"  NRS 459.610  to   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-459.html" \l "NRS459Sec658"  459.658
, inclusive, the Director shall demand reimbursement of the Account for
money expended pursuant to subsection 1 from any person who is
responsible for the accident, leak or spill, or who owns or controls the
hazardous waste, hazardous material or a regulated substance, or the
area used for the disposal of the waste, material or substance. Payment
of the reimbursement is due within 60 days after the person receives
notice from the Director of the amount due. The provisions of this
section do not apply to a spill or leak of or an accident involving
natural gas or liquefied petroleum gas while it is under the
responsibility of a public utility.

      3.  At the request of the Director, the Attorney General
shall initiate recovery by legal action of the amount of any unpaid
reimbursement plus interest at a rate determined pursuant to   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-017.html" \l "NRS017Sec130"  NRS
17.130  computed from the date of the incident.

      4.  As used in this section:

      (a) “Does not act promptly and appropriately” means that
the person:

             (1) Cannot be notified of the incident within 2
hours after the initial attempt to contact him;

             (2) Does not, within 2 hours after receiving
notification of the incident, make an oral or written commitment to
clean and decontaminate the affected area properly;

             (3) Does not act upon the commitment within 24
hours after making it;

             (4) Does not clean and decontaminate the
affected area properly; or

             (5) Does not act immediately to clean and
decontaminate the affected area properly, if his inaction presents an
imminent and substantial hazard to human health, public safety or the
environment.

      (b) “Responding” means any efforts to mitigate, attempt
to mitigate or assist in the mitigation of the effects of a leak or
spill of or an accident involving hazardous waste, hazardous material or
a regulated substance, including, without limitation, efforts to:

             (1) Contain and dispose of the hazardous waste,
hazardous material or regulated substance.

             (2) Clean and decontaminate the area affected
by the leak, spill or accident.

             (3) Investigate the occurrence of the leak,
spill or accident.

      (Added to NRS by 1993, 837; A   HYPERLINK
"http://www.leg.state.nv.us/Statutes/70th/Stats199916.html" \l
"Stats199916page2695"  1999, 2695 )

      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 facility to comply with the requirements of  
HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec400"  NRS 459.400  to   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-459.html" \l "NRS459Sec600"  459.600
, inclusive, it may include a condition in the permit specifying the
time which will be allowed to complete the modifications.

      (Added to NRS by 1981, 885)—(Substituted in revision for
NRS 444.756)

      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 proposes would
offer protection of human health, public safety and the environment
which is equivalent to a standard of the Commission.

      2.  Except as otherwise provided in subsection 3, the
Commission may specify certain standards which may be considered for
substitution pursuant to this section.

      3.  The Commission may not by regulation adopt a procedure
or specify a standard which would allow a facility for the disposal of
hazardous waste to construct or operate a landfill in a manner that
fails to comply with the requirements of subsection 7 of   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-459.html" \l "NRS459Sec520"  NRS
459.520 .

      (Added to NRS by 1981, 885; A   HYPERLINK
"http://www.leg.state.nv.us/Statutes/73rd/Stats200516.html" \l
"Stats200516page1505"  2005, 1505 )

      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 treatment, storage or disposal of
hazardous waste or a person who wishes to construct such a facility may
apply to the Commission for a variance from its applicable regulations.
The Commission may grant a variance only if, after a public hearing on
due notice, it finds from a preponderance of the evidence that:

      (a) The facility or proposed facility, under the worst
adverse conditions, does not or will not endanger or tend to endanger
the environment and human health or safety; and

      (b) Compliance with the regulations would produce serious
hardship without equal or greater benefits to the environment or public.

      2.  The Commission shall not grant a variance unless it has
considered in the following order of priority the interests of:

      (a) The public;

      (b) Other owners of property likely to be affected by the
emissions or discharge; and

      (c) The applicant.

      3.  The Commission may:

      (a) Upon granting a variance, impose certain conditions upon
the applicant; or

      (b) Revoke the variance if the applicant fails to comply with
those conditions.

      4.  The Commission shall not grant a variance from its
applicable regulations that would allow a facility for the disposal of
hazardous waste to construct or operate a landfill in a manner that
fails to comply with the requirements of subsection 7 of   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-459.html" \l "NRS459Sec520"  NRS
459.520 .

      (Added to NRS by 1989, 1455; A   HYPERLINK
"http://www.leg.state.nv.us/Statutes/73rd/Stats200516.html" \l
"Stats200516page1505"  2005, 1505 )

      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 the expiration of the variance. The Commission
shall give public notice of the application.

      3.  If a protest is filed with the Commission against the
renewal, the Commission shall hold a public hearing and shall not renew
the variance unless it makes specific, written findings of fact which
justify the renewal.

      (Added to NRS by 1989, 1456)

      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 be granted.

      3.  The Commission may establish such fees as are necessary
to cover the costs of reviewing and processing an application.

      (Added to NRS by 1989, 1456)

      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 for obtaining data on hazardous wastes;

      (b) Taking samples and performing tests and analyses;

      (c) Establishing and maintaining suitable records; and

      (d) Making reports to the Department.

      2.  It is unlawful for any person to generate, store,
transport, treat or dispose of hazardous waste without reporting each
activity to the Department in accordance with regulations adopted by the
Commission.

      (Added to NRS by 1981, 885)—(Substituted in revision for
NRS 444.760)

      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.  Any information which specifically relates to the trade
secrets of any person, including any processes, operations, style of
work or apparatus, is confidential whenever it is established to the
satisfaction of the Director that the information is entitled to
protection as a trade secret. In determining whether the information is
entitled to protection, the Director shall consider, among other things,
whether the disclosure of that information would tend to affect
adversely the competitive position of the information’s owner.

      3.  Any information which is confidential under subsection 2
may be disclosed to any officer, employee or authorized representative
of this State or the United States if:

      (a) He is engaged in carrying out the provisions of  
HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec400"  NRS 459.400  to   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-459.html" \l "NRS459Sec600"  459.600
, inclusive, or the provisions of federal law relating to hazardous
waste; or

      (b) The information is relevant in any judicial proceeding or
adversary administrative proceeding under   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-459.html" \l "NRS459Sec400"  NRS
459.400  to   HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec600"  459.600 , inclusive, or under the provisions of federal
law relating to hazardous waste, and is admissible under the rules of
evidence.

      4.  The Commission shall adopt regulations concerning the
availability of information which satisfy the criteria established by
the Federal Government for delegation to the state of federal programs
concerning the management of, and the enforcement of laws relating to,
hazardous waste.

      (Added to NRS by 1981, 885; A 1983, 1121; 1985, 904; 1991,
908)

      NRS 459.558  Applicability of   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-459.html" \l "NRS459Sec560"  NRS
459.560  and   HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html"
\l "NRS459Sec565"  459.565 .

      1.  The provisions of   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-459.html" \l "NRS459Sec560"  NRS
459.560  and   HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html"
\l "NRS459Sec565"  459.565  that concern hazardous substances do not
apply:

      (a) In a county whose population is less than 50,000;

      (b) To mining or agricultural activities; or

      (c) To other facilities or locations where the quantity of
any one hazardous substance at any one facility or location does not
exceed 1,000 kilograms at any time.

      2.  All other provisions of   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-459.html" \l "NRS459Sec560"  NRS
459.560  and   HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html"
\l "NRS459Sec565"  459.565 , including the provisions concerning
hazardous waste, apply to all counties and all industries without regard
to volume.

      (Added to NRS by 1991, 857; A   HYPERLINK
"http://www.leg.state.nv.us/Statutes/71st/Stats200114.html" \l
"Stats200114page1992"  2001, 1992 )

      NRS 459.560  Inspections.  Any authorized representative or
employee of the Commission or the Department may, for the purpose of
carrying out his duties pursuant to   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-459.html" \l "NRS459Sec400"  NRS
459.400  to   HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec600"  459.600 , inclusive, or to enforce a regulation adopted
pursuant to those sections:

      1.  Enter any place where waste or a substance which the
Department has reason to believe may be hazardous waste or a hazardous
substance is or may have been generated, stored, transported, treated,
disposed of or otherwise handled;

      2.  Inspect and obtain samples of any waste or substance
which the Department has reason to believe may be hazardous waste or a
hazardous substance, including samples from any vehicle in which waste
or substance is being transported, and samples of containers and labels;
and

      3.  Inspect and copy any records, reports, information or
test results relating to the management of hazardous wastes or hazardous
substances.

      (Added to NRS by 1981, 885; A 1991, 858)

      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
handling, storage, transportation, treatment or disposal of any waste or
hazardous substance may present an imminent and substantial hazard to
human health, public safety or the environment, it may:

      (a) Issue an order directing the owner or operator of the
facility for treatment, storage or disposal of the waste or the owner or
operator of any site where the treatment, storage or disposal of a
hazardous substance has occurred or may occur or any other person who
has custody of the waste or hazardous substance to take necessary steps
to prevent the act or eliminate the practice which constitutes the
hazard.

      (b) Order a site assessment to be conducted and a remediation
plan to be developed pursuant to regulations adopted by the Commission.

      (c) Assess costs and expenses incurred by the Department in
carrying out the provisions of this section or in removing, correcting
or terminating any hazard to human health, public safety or the
environment pursuant to regulations adopted by the Commission.

      (d) Request that the Attorney General commence an action to
enjoin the practices or acts which constitute the hazard.

      (e) Take any other action designed to reduce or eliminate the
hazard.

      2.  The Department may perform inspections pursuant to  
HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec560"  NRS 459.560  and issue an order directing the owner or
operator of the facility for treatment, storage or disposal of waste or
the owner or operator of any site where the treatment, storage or
disposal of a hazardous substance has occurred or may occur or any other
person who has custody of the waste or hazardous substance to take any
necessary steps to prevent any act or eliminate any practice or effect
which could constitute a hazard to human health, public safety or the
environment.

      (Added to NRS by 1981, 885; A 1991, 858)

      NRS 459.570  Order to prevent act or practice which violates
  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec400"  NRS 459.400  to   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-459.html" \l "NRS459Sec560"  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  
HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec400"  NRS 459.400  to   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-459.html" \l "NRS459Sec560"  459.560
, inclusive, or a regulation adopted pursuant to those sections or any
term or condition of a permit issued by the Department, he may issue an
order:

      1.  Specifying the provision which is alleged to have been
violated or which is about to be violated;

      2.  Setting forth the facts alleged to constitute the
violation;

      3.  Prescribing any corrective action which must be taken
and a reasonable time within which it must be taken; and

      4.  Requiring the person to whom the order is directed to
appear before the Director or a hearing officer appointed by him to show
cause why the Department should not commence an action against him in
district court for appropriate relief.

      (Added to NRS by 1981, 886)—(Substituted in revision for
NRS 444.768)

      NRS 459.575  Subpoenas.  In carrying out the provisions of 
 HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec400"  NRS 459.400  to   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-459.html" \l "NRS459Sec560"  459.560
, inclusive, the Commission, the Department and the Attorney General may
by subpoena require the attendance and testimony of witnesses and the
production of reports, papers, documents and other evidence which they
deem necessary.

      (Added to NRS by 1981, 886; A 1993, 840)

      NRS 459.580  Injunctive relief.

      1.  The Director may seek an injunction in district court to
prevent the occurrence or continuance of any act or practice which
violates any provision of   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-459.html" \l "NRS459Sec400"  NRS
459.400  to   HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec560"  459.560 , inclusive, or any regulation adopted or permit
or order issued pursuant to those sections.

      2.  If the Director shows that a person is or has engaged in
any act or practice which violates   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-459.html" \l "NRS459Sec400"  NRS
459.400  to   HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec560"  459.560 , inclusive, or any regulation adopted or permit
or order issued pursuant to those sections, the court may issue, without
bond any prohibitory or mandatory injunction which the facts warrant,
including a temporary restraining order or a preliminary or permanent
injunction. A temporary restraining order may be granted only if the
Director has attempted to notify the defendant of his intention to seek
it before the beginning of the hearing.

      3.  The court may not deny a temporary restraining order or
an injunction because the Director has failed to show that there is no
adequate remedy at law or because he has not shown that irreparable harm
will result from the act or practice which is the subject of the action.

      4.  The court may require a performance bond or other
security by the respondent to ensure his compliance with the order.

      (Added to NRS by 1981, 886)—(Substituted in revision for
NRS 444.772)

      NRS 459.585  Civil penalties; damages.

      1.  Any person who violates or contributes to a violation of
any provision of   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-459.html" \l "NRS459Sec400"  NRS
459.400  to   HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec560"  459.560 , inclusive,   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-459.html" \l "NRS459Sec590"  459.590
 or of any regulation adopted or permit or order issued pursuant to
those sections, or who does not take action to correct a violation
within the time specified in an order, is liable to the Department for a
civil penalty of not more than $25,000 for each day on which the
violation occurs. This penalty is in addition to any other penalty
provided by   HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec400"  NRS 459.400  to   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-459.html" \l "NRS459Sec600"  459.600
, inclusive.

      2.  The Department may recover, in the name of the State of
Nevada, actual damages which result from a violation, in addition to the
civil penalty provided in this section. The damages may include expenses
incurred by the Department in removing, correcting or terminating any
adverse effects which resulted from the violation and compensation for
any fish, aquatic life or other wildlife destroyed as a result of the
violation.

      (Added to NRS by 1981, 886; A 1989, 1482; 1991, 829)

      NRS 459.590  Unlawful transportation of hazardous waste. 
It is unlawful for any person to transport hazardous waste:

      1.  Without a manifest that complies with regulations
adopted by the Commission;

      2.  That does not conform to the description of the waste
specified in the manifest;

      3.  In a manner that does not conform to the manner of
shipment described in the manifest; or

      4.  To a facility that has not been issued a permit to
treat, store or dispose of the hazardous waste described in the
manifest.

      (Added to NRS by 1985, 903)

      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 any provision of  
HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec400"  NRS 459.400  to   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-459.html" \l "NRS459Sec560"  459.560
, inclusive,   HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html"
\l "NRS459Sec590"  NRS 459.590  or by any regulation adopted or permit
or order issued pursuant to those sections; or

      2.  Falsifies, tampers with or knowingly renders inaccurate
any device or method for continuing observation required by a provision
of   HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec400"  NRS 459.400  to   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-459.html" \l "NRS459Sec560"  459.560
, inclusive, or by any regulation adopted or permit or order issued
pursuant to those sections,

 shall be punished by imprisonment in the county jail for not more
than 1 year, or by a fine of not more than $25,000, or by both fine and
imprisonment. Each day the false document remains uncorrected or a
device or method described in subsection 2 remains inaccurate
constitutes a separate violation of this section for purposes of
determining the maximum fine.

      (Added to NRS by 1981, 887; A 1985, 904; 1991, 830)

      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   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-459.html" \l "NRS459Sec590"  NRS
459.590 , subsection 1 of   HYPERLINK
"http://www.leg.state.nv.us/nrs/NRS-459.html" \l "NRS459Sec515"  NRS
459.515  or any term or condition of a permit issued pursuant to  
HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec520"  NRS 459.520 ;

      2.  Violates an order issued by the Department relating to
hazardous waste, if:

      (a) The violation threatens or harms the environment or the
personal safety of other persons; and

      (b) The person has not made a good faith effort to comply
with the order; or

      3.  Disposes of or discharges hazardous waste in any manner
not authorized by the provisions of this chapter or regulations adopted
thereunder,

 is guilty of a category D felony and shall be punished as provided
in   HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-193.html" \l
"NRS193Sec130"  NRS 193.130 , or by a fine of not more than $50,000 for
each day of the violation, or by both fine and the punishment provided
in   HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-193.html" \l
"NRS193Sec130"  NRS 193.130 .

      (Added to NRS by 1981, 887; A 1983, 1122; 1985, 905; 1991,
830; 1995, 1294)

HANDLING OF HAZARDOUS MATERIALS

  HYPERLINK "http://www.leg.state.nv.us/nrs/nrs-459.html#NRS459Sec700" 
http://www.leg.state.nv.us/nrs/nrs-459.html#NRS459Sec700 

[NOT APPLICABLE TO HAZARDOUS WASTE]

General Provisions

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec700"  NRS 459.700             Definitions.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec7005"  NRS 459.7005           “Base state”
defined.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec701"  NRS 459.701             “Commission”
defined.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec7016"  NRS 459.7016           “Department”
defined.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec7018"  NRS 459.7018           “Director” defined.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec702"  NRS 459.702             “Division”
defined.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec7022"  NRS 459.7022           “Extremely hazardous
material” defined.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec7024"  NRS 459.7024           “Hazardous
material” defined.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec7025"  NRS 459.7025           “Motor carrier”
defined.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec70255"  NRS 459.70255         “Participating state”
defined.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec7026"  NRS 459.7026           “Person” defined.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec703"  NRS 459.703             “Uniform
application” defined.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec7032"  NRS 459.7032           “Uniform program”
defined.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec704"  NRS 459.704             Coordination of fees,
forms and regulations; duties of regulatory agencies.

 

Transportation; Reporting and Collection of Information

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec7052"  NRS 459.7052           Registration and permit
required for transportation by motor carrier.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec7054"  NRS 459.7054           Uniform application:
Information required.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec7056"  NRS 459.7056           Uniform application:
Confidentiality and disclosure of information provided.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec7058"  NRS 459.7058           Denial, suspension or
revocation of registration and permit: Grounds; procedure.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec706"  NRS 459.706             Motor carriers:
Prerequisites to issuance of permit to transport radioactive waste;
assessment for investigation, inspection or audit outside of State.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec708"  NRS 459.708             Motor carriers:
Rejection of and liability for certain packages of radioactive waste.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec709"  NRS 459.709             Motor carriers:
Prerequisites to transportation of high-level radioactive waste or spent
nuclear fuel.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec712"  NRS 459.712             Inspections,
investigations and reproduction of records: Authority of Department;
regulations.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec715"  NRS 459.715             Repository for
Information Concerning Hazardous Materials in Nevada.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec718"  NRS 459.718             Notification of
Division regarding certain accidents or incidents.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec721"  NRS 459.721             Duties of Director:
Regulations for participation in uniform program.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec725"  NRS 459.725             Powers and duties of
Director: Administration of provisions; regulations; agreements.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec727"  NRS 459.727             Provisions
inapplicable to transportation by governmental vehicle.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec728"  NRS 459.728             Provisions supersede
and preempt local regulation of transportation; exceptions.

 

State Emergency Response Commission

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec735"  NRS 459.735             Contingency Account
for Hazardous Materials.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec738"  NRS 459.738             Creation of
Commission; appointment and terms of members; appointment of Chairman or
Cochairmen; employment of staff.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec740"  NRS 459.740             Adoption of
regulations; acceptance of gifts and grants of money and other revenues.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec742"  NRS 459.742             Powers of Commission.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec744"  NRS 459.744             Establishment and
payment of fees.

 

Responding to Spills, Accidents and Incidents

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec748"  NRS 459.748             Definitions.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec750"  NRS 459.750             Responsibility for
cleaning and decontamination of area affected by spill or accident.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec755"  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.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec760"  NRS 459.760             Reimbursement of
expenses of responding state agency; reporting of need for additional
funding; action by Attorney General.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec765"  NRS 459.765             Deposit of
reimbursement and penalty for credit to Contingency Account for
Hazardous Materials.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec770"  NRS 459.770             Recovery of costs
incurred by responding county or city.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec773"  NRS 459.773             Development and
dissemination of reference guide regarding response to accidents and
incidents.

 

Penalties

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec774"  NRS 459.774             Civil penalties for
certain violations.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec775"  NRS 459.775             Unlawful acts:
Misdemeanors.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec780"  NRS 459.780             Unlawful acts: Gross
misdemeanors.



STORAGE TANKS

  HYPERLINK "http://www.leg.state.nv.us/nrs/nrs-459.html#NRS459Sec800" 
http://www.leg.state.nv.us/nrs/nrs-459.html#NRS459Sec800 

[NOT APPLICABLE TO HAZARDOUS WASTE]

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec800"  NRS 459.800             Definitions.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec802"  NRS 459.802             “Commission”
defined.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec804"  NRS 459.804             “Department”
defined.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec806"  NRS 459.806             “Director”
defined.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec808"  NRS 459.808             “Division”
defined.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec810"  NRS 459.810             “Operator”
defined.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec812"  NRS 459.812             “Owner” defined.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec814"  NRS 459.814             “Person” defined.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec816"  NRS 459.816             “Regulated
substance” defined.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec818"  NRS 459.818             “Release”
defined.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec820"  NRS 459.820             “Storage tank”
defined.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec822"  NRS 459.822             Department designated
as state agency for regulation of storage tanks.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec824"  NRS 459.824             Duties of Director.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec825"  NRS 459.825             Coordination of fees,
regulations and forms; duties of regulatory agencies.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec826"  NRS 459.826             Regulations of
Commission: General requirements.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec828"  NRS 459.828             Owner or operator of
storage tank to provide Department with certain information.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec830"  NRS 459.830             Regulations of
Commission: Standards of performance.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec832"  NRS 459.832             Regulations of
Commission: Closure, removal, disposal and management of storage tanks.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec834"  NRS 459.834             Regulations of
Commission regarding corrective action, evidence of financial
responsibility; determination of whether corrective action is required.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec836"  NRS 459.836             Permits to operate
storage tanks: Regulations; terms and conditions; fee.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec838"  NRS 459.838             Account for
Management of Storage Tanks: Creation; sources; claims.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec840"  NRS 459.840             Account for
Management of Storage Tanks: Use; reimbursement; action by Attorney
General.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec842"  NRS 459.842             Enforcement by
Department; delegation of responsibility.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec844"  NRS 459.844             Subpoenas.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec846"  NRS 459.846             Disclosure of
information obtained by Department.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec848"  NRS 459.848             Authority to enter
and inspect.

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jË

Fard to human health, public safety or environment.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec852"  NRS 459.852             Order for corrective
action.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec854"  NRS 459.854             Injunctive relief.

  HYPERLINK "http://www.leg.state.nv.us/nrs/NRS-459.html" \l
"NRS459Sec856"  NRS 459.856             Civil penalties;
damages.

  HYPERLINK "http://www.leg.state.nv.us/CourtRules/NRCP.html" 
http://www.leg.state.nv.us/CourtRules/NRCP.html 

NEVADA RULES OF CIVIL PROCEDURE

 

ADOPTED

BY THE

SUPREME COURT OF NEVADA

____________

 

Effective January 1, 1953

and Including

Rules Current Through January 1, 2006

RULE 24.  INTERVENTION

      (a) Intervention of Right.  Upon timely application anyone
shall be permitted to intervene in an action: (1) when a statute confers
an unconditional right to intervene; or (2) when the applicant claims an
interest relating to the property or transaction which is the subject of
the action and the applicant is so situated that the disposition of the
action may as a practical matter impair or impede the applicant’s
ability to protect that interest, unless the applicant’s interest is
adequately represented by existing parties.

      [As amended; effective January 1, 2005.]

 

      (b) Permissive Intervention.  Upon timely application anyone
may be permitted to intervene in an action: (1) when a statute confers a
conditional right to intervene; or (2) when an applicant’s claim or
defense and the main action have a question of law or fact in common. In
exercising its discretion the court shall consider whether the
intervention will unduly delay or prejudice the adjudication of the
rights of the original parties.

 

      (c) Procedure.  A person desiring to intervene shall serve a
motion to intervene upon the parties as provided in Rule 5. The motion
shall state the grounds therefor and shall be accompanied by a pleading
setting forth the claim or defense for which intervention is sought. The
same procedure shall be followed when a statute gives a right to
intervene.

      [As amended; effective March 16, 1964.]

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