reglab/housing_qa huggingface dataset:
NV Rev Stat § 459.565 (2021)
2021 Nevada Revised Statutes|Chapter 459 - Hazardous Materials|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 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)
NV Rev Stat § 459.570 (2021)
2021 Nevada Revised Statutes|Chapter 459 - Hazardous Materials|NRS 459.570 - Order to prevent act or practice which violates NRS 459.400 to 459.560, inclusive.

Whenever the Director finds that any person is engaging or has engaged in any act or practice which violates any provision of NRS 459.400 to 459.560, inclusive, or a regulation adopted pursuant to those sections or any term or condition of a permit issued by the Department, the Director 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 the Director to show cause why the Department should not commence an action against the person in district court for appropriate relief.  (Added to NRS by 1981, 886) — (Substituted in revision for NRS 444.768)
NV Rev Stat § 459.575 (2021)
2021 Nevada Revised Statutes|Chapter 459 - Hazardous Materials|NRS 459.575 - Subpoenas.

In carrying out the provisions of NRS 459.400 to 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)
NV Rev Stat § 459.580 (2021)
2021 Nevada Revised Statutes|Chapter 459 - Hazardous Materials|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 NRS 459.400 to 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 NRS 459.400 to 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 the Director’s 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 the Director 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 the compliance of the respondent with the order.  (Added to NRS by 1981, 886) — (Substituted in revision for NRS 444.772)
NV Rev Stat § 459.585 (2021)
2021 Nevada Revised Statutes|Chapter 459 - Hazardous Materials|NRS 459.585 - Civil penalties; damages; injunction.

  1. Any person who violates or contributes to a violation of any provision of NRS 459.400 to 459.560, inclusive, 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 NRS 459.400 to 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.  3. In addition to any other remedy provided by this chapter, the Department may compel compliance with any provision of NRS 459.400 to 459.560, inclusive, 459.590 or of any regulation adopted or permit or order issued pursuant to those sections, by injunction or other appropriate remedy. The Department may institute and maintain in the name of the State of Nevada any such enforcement proceedings.  (Added to NRS by 1981, 886; A 1989, 1482; 1991, 829; 2019, 3979)
NV Rev Stat § 459.590 (2021)
2021 Nevada Revised Statutes|Chapter 459 - Hazardous Materials|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)
NV Rev Stat § 459.595 (2021)
2021 Nevada Revised Statutes|Chapter 459 - Hazardous Materials|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 NRS 459.400 to 459.560, inclusive, 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 NRS 459.400 to 459.560, inclusive, or by any regulation adopted or permit or order issued pursuant to those sections,  is guilty of a gross misdemeanor and shall be punished by imprisonment in the county jail for not more than 364 days, 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; 2013, 988)
NV Rev Stat § 459.600 (2021)
2021 Nevada Revised Statutes|Chapter 459 - Hazardous Materials|NRS 459.600 - Operation without permit or in violation of condition of permit or order; disposal or discharge of hazardous waste in unauthorized manner; penalty.

A person who, intentionally or with criminal negligence:  1. Violates NRS 459.590, subsection 1 of NRS 459.515 or any term or condition of a permit issued pursuant to 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 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 NRS 193.130.  (Added to NRS by 1981, 887; A 1983, 1122; 1985, 905; 1991, 830; 1995, 1294)
NV Rev Stat § 459.610 (2021)
2021 Nevada Revised Statutes|Chapter 459 - Hazardous Materials|NRS 459.610 - Definitions.

As used in NRS 459.610 to 459.658, inclusive, unless the context otherwise requires, the words and terms defined in NRS 459.612 to 459.630, inclusive, have the meanings ascribed to them in those sections.  (Added to NRS by 1999, 2689)
NV Rev Stat § 459.612 (2021)
2021 Nevada Revised Statutes|Chapter 459 - Hazardous Materials|NRS 459.612 - "Administrator" defined.

Administrator means the Administrator of the Division.  (Added to NRS by 1999, 2689)
NV Rev Stat § 459.614 (2021)
2021 Nevada Revised Statutes|Chapter 459 - Hazardous Materials|NRS 459.614 - "Commission" defined.

Commission means the State Environmental Commission.  (Added to NRS by 1999, 2689)
NV Rev Stat § 459.616 (2021)
2021 Nevada Revised Statutes|Chapter 459 - Hazardous Materials|NRS 459.616 - "Division" defined.

Division means the Division of Environmental Protection of the State Department of Conservation and Natural Resources.  (Added to NRS by 1999, 2689)
NV Rev Stat § 459.618 (2021)
2021 Nevada Revised Statutes|Chapter 459 - Hazardous Materials|NRS 459.618 - "Eligible property" defined.

Eligible property means real property located in this State that:  1. Except as otherwise provided in NRS 459.632, is not:  (a) Listed, proposed for listing or eligible for listing on the National Priorities List contained in Appendix B of Part 300 of Title 40 of the Code of Federal Regulations; and  (b) Owned, managed or controlled by a person or governmental entity subject to a pending investigation or ongoing enforcement action of the Federal Government pursuant to the federal Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq., or the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §§ 9601 et seq.;  2. Is not owned, managed or controlled by a person or governmental entity subject to a pending investigation or ongoing enforcement action of the Division with respect to that real property; and  3. Contains the site or probable site of a release of a hazardous substance.  (Added to NRS by 1999, 2689)
NV Rev Stat § 459.620 (2021)
2021 Nevada Revised Statutes|Chapter 459 - Hazardous Materials|NRS 459.620 - "Hazardous substance" defined.

Hazardous substance means a substance or combination of substances whose presence gives rise to liability or potential liability on the part of an owner or operator pursuant to NRS 459.537 or 42 U.S.C. § 9607(a).  (Added to NRS by 1999, 2689)
NV Rev Stat § 459.622 (2021)
2021 Nevada Revised Statutes|Chapter 459 - Hazardous Materials|NRS 459.622 - "Participant" defined.

Participant means a person whose application to participate in the program has been approved by the Administrator.  (Added to NRS by 1999, 2689)
NV Rev Stat § 459.624 (2021)
2021 Nevada Revised Statutes|Chapter 459 - Hazardous Materials|NRS 459.624 - "Program" defined.

Program means voluntary cleanup and relief from liability pursuant to NRS 459.610 to 459.658, inclusive.  (Added to NRS by 1999, 2689)
NV Rev Stat § 459.626 (2021)
2021 Nevada Revised Statutes|Chapter 459 - Hazardous Materials|NRS 459.626 - "Prospective purchaser" defined.

Prospective purchaser means a person who is not a responsible party and who has entered into a contract, or holds an option, to purchase an eligible property for its fair market value in a transaction at arm’s length.  (Added to NRS by 1999, 2689)
NV Rev Stat § 459.628 (2021)
2021 Nevada Revised Statutes|Chapter 459 - Hazardous Materials|NRS 459.628 - "Remedial agreement" defined.

Remedial agreement means an agreement between a participant and the Division specifying the action to be taken to remove or remedy hazardous substances present on an eligible property.  (Added to NRS by 1999, 2690)
NV Rev Stat § 459.630 (2021)
2021 Nevada Revised Statutes|Chapter 459 - Hazardous Materials|NRS 459.630 - "Responsible party" defined.

Responsible party means:  1. A current or former owner or operator of a site or facility who caused or contributed to the release of a hazardous substance at the site or facility; and  2. A generator or transporter of a hazardous substance who caused or contributed to the release of the hazardous substance at a site or facility.  (Added to NRS by 1999, 2690)
NV Rev Stat § 459.632 (2021)
2021 Nevada Revised Statutes|Chapter 459 - Hazardous Materials|NRS 459.632 - Certain real property deemed to be eligible property.

Real property located in this State that is listed, proposed for listing or eligible for listing on the National Priorities List contained in Appendix B of Part 300 of Title 40 of the Code of Federal Regulations or that is owned, managed or controlled by a person or governmental entity subject to a pending investigation or ongoing enforcement action by the Federal Government pursuant to the federal Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq., or the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §§ 9601 et seq., shall be deemed to be eligible property if:  1. The property satisfies the elements of the definition of eligible property set forth in subsections 2 and 3 of NRS 459.618; and  2. The reason for which the property was listed or is proposed or eligible for listing on the National Priorities List or for the investigation or enforcement action by the Federal Government is unrelated to the hazardous substance that a participant intends to remove from or remediate on the property pursuant to a remedial agreement submitted pursuant to NRS 459.636.  (Added to NRS by 1999, 2690)
NV Rev Stat § 459.634 (2021)
2021 Nevada Revised Statutes|Chapter 459 - Hazardous Materials|NRS 459.634 - Application for participation in program; action by Administrator on application.

  1. A responsible party with respect to an eligible property, or a prospective purchaser of an eligible property may apply to participate in the program. The application must be made to the Administrator in writing and must include:  (a) An environmental assessment of the property, including the source, nature and location of all hazardous substances known to, or reasonably believed by, the applicant to be located on the property;  (b) A proposed general plan for removal or remediation on the property; and  (c) The application fee and any other information required pursuant to the regulations adopted by the Commission pursuant to NRS 459.656.  2. The Administrator shall approve or deny an application made pursuant to subsection 1 within 60 days after its submission, unless for good cause the Administrator extends the period for not more than an additional 30 days. Notice of an extension must be delivered to the applicant before the expiration of the original period for processing the application.  3. If the Administrator denies an application, the Administrator shall deliver to the applicant, within 30 days after the denial, a written explanation of the reasons for denial.  (Added to NRS by 1999, 2690)
NV Rev Stat § 459.636 (2021)
2021 Nevada Revised Statutes|Chapter 459 - Hazardous Materials|NRS 459.636 - Submission of remedial agreement for approval; prerequisites to approval; explanation of disapproval.

  1. After an application is approved, the participant shall submit a remedial agreement to the Administrator for the Administrator’s approval.  2. The Administrator shall approve a remedial agreement only if:  (a) The agreement:  (1) Provides for the recovery by the Division of all direct and indirect costs, in excess of the application fee, of overseeing and supervising the removal or remediation of the hazardous substance or substances on the property;  (2) Specifies the substance to be removed from or remediated on the property, the actions to be taken and the standards to be met with respect to removal or remediation, and the uses for which the property will not be suitable after the removal or remediation is carried out; and  (3) Includes a grant to the Administrator of an irrevocable easement or right of entry onto the property to oversee and observe the work during and after the removal or remediation;  (b) The removal or remediation of the hazardous substance or substances will:  (1) Restore the property to the condition to which it would be restored if the Division caused action to be taken pursuant to NRS 459.537;  (2) Not cause, contribute to or worsen any release or threatened release of a hazardous substance on the property;  (3) Adequately protect human health and the environment; and  (4) Comply with any applicable regulations adopted by the Commission pursuant to NRS 459.656; and  (c) The participant is financially capable of undertaking the removal or remediation of the hazardous substance or substances.  3. If the participant is not the owner of the property, the Administrator shall not approve a remedial agreement unless the owner first agrees to the terms of the agreement.  4. Before approving a remedial agreement, the Administrator shall:  (a) Publish a notice and brief summary of the agreement in a newspaper of general circulation in the county where the property is located;  (b) Make reasonable efforts to provide personal notice to all responsible parties known to the Administrator and to all owners and residents of property within 500 yards of the outer boundary of the property on which the work is to be performed;  (c) Provide 30 days for the submission of written comments; and   (d) Hold a public hearing in the county where the property is located.  5. If the Administrator disapproves a proposed remedial agreement, the Administrator shall deliver to the participant, within 30 days after the disapproval, a written explanation of the reasons for the disapproval.  (Added to NRS by 1999, 2690)
NV Rev Stat § 459.638 (2021)
2021 Nevada Revised Statutes|Chapter 459 - Hazardous Materials|NRS 459.638 - Certification of completion of remedial agreement; issuance, contents and recordation of certificate of completion; explanation of failure to issue certificate.

  1. After a participant has completed the action specified in his or her remedial agreement for the removal or remediation of hazardous substances, the participant shall certify to the Administrator that the action has been completed according to the agreement. After the Administrator has verified the certification, the Administrator shall issue the participant a certificate of completion.  2. A certificate of completion must:  (a) Contain the name of the participant and of any other person relieved from liability by the certificate and the legal description of the property to which it relates;  (b) Summarize the nature of the removal or remediation performed on the property, and the nature of the relief provided by NRS 459.610 to 459.658, inclusive; and  (c) Be recorded by the Administrator in the office of the county recorder of the county where the real property is located, and indexed to show its relation to that real property.  3. If the Administrator does not issue a certificate of completion after receiving the participant’s certification that the work has been completed, the Administrator shall deliver to the participant, within 30 days after receipt of the certificate, a written explanation of the reasons why the certificate was not issued.  (Added to NRS by 1999, 2691)
NV Rev Stat § 459.640 (2021)
2021 Nevada Revised Statutes|Chapter 459 - Hazardous Materials|NRS 459.640 - Effect of certificate of completion: Relief from liability.

  1. Except as otherwise provided in NRS 459.642, the holder of a certificate of completion issued by the Administrator is not a responsible party with respect to a release of a hazardous substance occurring on the property to which the certificate relates before the certificate was issued. The State may not maintain an action pursuant to federal law or NRS 459.537 to recover costs from the holder with respect to such a release.  2. The relief from liability provided by a certificate of completion remains effective despite a subsequent change in state or federal law.  (Added to NRS by 1999, 2692)
NV Rev Stat § 459.642 (2021)
2021 Nevada Revised Statutes|Chapter 459 - Hazardous Materials|NRS 459.642 - Effect of certificate of completion: Limitations on relief from liability.

The holder of a certificate of completion is not released from liability:   1. If the holder obtained approval of his or her application, approval of his or her remedial agreement or issuance of the certificate by means of fraud, misrepresentation or a knowing failure to disclose material information;  2. If the existence of the hazardous substance on the property was not disclosed in his or her remedial agreement, whether or not the holder knew or should have known of its existence;  3. With respect to a release of a hazardous substance caused by the holder or his or her agent, unless the release is remedied before the certificate of completion is issued and is included in the certificate of completion;  4. In a criminal prosecution or an action for damage to a natural resource;  5. In an action for nuisance at common law, for trespass or for the conduct of an abnormally dangerous activity;  6. With respect to a use of the property for which the property is no longer suitable after the removal or remediation has been carried out, as identified pursuant to subparagraph (2) of paragraph (a) of subsection 2 of NRS 459.636; or  7. For a release of any hazardous substance not specified in the remedial agreement.  (Added to NRS by 1999, 2692)