reglab/housing_qa huggingface dataset:
NV Rev Stat § 459.3813 (2021)
2021 Nevada Revised Statutes|Chapter 459 - Hazardous Materials|NRS 459.3813 - Applicability of statutory provisions and regulations to certain facilities; exemptions.

  1. Except as otherwise provided in this section and NRS 459.3814, the provisions of NRS 459.380 to 459.3874, inclusive, and any regulations adopted pursuant thereto, apply to a facility:  (a) That is constructing or operating a process which involves a highly hazardous substance in a quantity:  (1) Equal to or greater than the amount designated pursuant to NRS 459.3816; or  (2) Less than the amount designated pursuant to NRS 459.3816 if there are two or more releases from the facility of the same or different highly hazardous substances during any 12-month period and:  (I) The release of the highly hazardous substances is reportable pursuant to 40 C.F.R. Part 302; or   (II) Each quantity released is equal to or greater than a maximum quantity allowable as established by regulation of the State Environmental Commission; or  (b) Where explosives are manufactured for sale.  2. The owner or operator of a facility that is constructing or operating a process described in subsection 1 shall ensure that each process constructed or operated by the facility complies with the provisions of NRS 459.380 to 459.3874, inclusive, and any regulations adopted pursuant thereto.  3. A facility described in subparagraph (2) of paragraph (a) of subsection 1 is exempt from the provisions of NRS 459.380 to 459.3874, inclusive, and any regulations adopted pursuant thereto if:  (a) The Division determines that the owner or operator of the facility has complied with such provisions of NRS 459.380 to 459.3874, inclusive, and the regulations adopted pursuant thereto, as the Division requires; and  (b) The owner or operator of the facility obtains an exemption from the State Environmental Commission. The State Environmental Commission shall adopt by regulation the procedures for obtaining such an exemption.  4. As used in this section:  (a) "Explosive" means any material designated as subject to regulation as an explosive pursuant to NRS 459.3816.  (b) "Highly hazardous substance" means a substance designated as highly hazardous pursuant to NRS 459.3816.  (Added to NRS by 1997, 1396; A 1999, 1126; 2003, 1596)
NV Rev Stat § 459.3814 (2021)
2021 Nevada Revised Statutes|Chapter 459 - Hazardous Materials|NRS 459.3814 - Applicability of statutory provisions: Excluded activities.

The provisions of NRS 459.380 to 459.3874, inclusive, do not apply to:  1. The transportation of any hazardous substances within or through this State which is regulated by the State or the United States Department of Transportation.  2. Any final use of anhydrous ammonia for an agricultural purpose, including storage of the substance on the premises of a farm.  3. Activities which are regulated pursuant to both 30 U.S.C. §§ 801 et seq. and 42 U.S.C. § 7412(r).  (Added to NRS by 1991, 1994; A 1993, 149, 837; 1997, 1398; 2003, 1596)
NV Rev Stat § 459.3816 (2021)
2021 Nevada Revised Statutes|Chapter 459 - Hazardous Materials|NRS 459.3816 - Designation of highly hazardous substances and explosives: Regulations; amendment.

  1. The State Environmental Commission shall adopt regulations:  (a) Designating a list of highly hazardous substances, including, without limitation, any chemical, the release of which into the environment or the involvement of which in a fire or explosion would produce a significant likelihood that persons exposed would suffer death or substantial bodily harm as a consequence of the exposure; and  (b) Designating for each such substance a quantity which requires the regulation of that substance pursuant to NRS 459.380 to 459.3874, inclusive, and any regulations adopted pursuant thereto.  2. The Division shall regularly examine sources of information available to it, including, without limitation, studies, guidelines and regulations of the Federal Government and the provisions set forth in 29 U.S.C. § 655 and 42 U.S.C. § 7412(r), and may propose that the State Environmental Commission add or delete a substance or otherwise amend the list of substances and quantities adopted pursuant to subsection 1.  3. The State Environmental Commission shall adopt regulations designating specific materials that are subject to regulation as explosives pursuant to NRS 459.380 to 459.3874, inclusive, and any regulations adopted pursuant thereto.  4. The Division shall regularly examine sources of information available to it, including, without limitation, studies, guidelines and regulations of the Federal Government and the provisions set forth in 18 U.S.C. §§ 841, et seq., and shall consult with the Division of Industrial Relations of the Department of Business and Industry to determine materials that should be regulated as explosives. The Division may propose that the State Environmental Commission add or delete a material or otherwise amend the list of materials adopted pursuant to subsection 3.  (Added to NRS by 1991, 1995; A 1993, 590, 1630; 1997, 1398; 1999, 1116, 1212; 2001, 79; 2003, 1597)
NV Rev Stat § 459.3818 (2021)
2021 Nevada Revised Statutes|Chapter 459 - Hazardous Materials|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.

  1. In addition to the regulations required to be adopted pursuant to NRS 459.380 to 459.3874, inclusive, the State Environmental Commission shall adopt such other regulations as are necessary to carry out the purposes and enforce the provisions of NRS 459.380 to 459.3874, inclusive. The regulations must include, without limitation:  (a) Specifications for the applicability of the provisions of NRS 459.380 to 459.3874, inclusive, and any regulations adopted pursuant thereto;  (b) The establishment of a program for the prevention of accidental releases of chemicals that satisfies the provisions of the chemical process safety standard set forth pursuant to 29 U.S.C. § 655;  (c) Provisions to protect the health, safety and welfare of the residents of this State from the effects of the handling and storage of mercury when present in a quantity of 200,000 pounds or more;  (d) Provisions necessary to enable the Division to administer and enforce the provisions of NRS 459.380 to 459.3874, inclusive, and any regulations adopted pursuant thereto;  (e) Requirements for the registration of a facility with the Division; and  (f) Provisions to ensure that the public is involved in the process of evaluating proposed regulatory actions that may affect the public.  2. The Division shall:  (a) Administer and enforce the provisions of NRS 459.380 to 459.3874, inclusive, and any regulations adopted pursuant thereto; and  (b) Make every effort to involve advisory councils on hazardous materials, where they exist, the governing bodies of local governments and other interested persons in explaining actions taken pursuant to those sections and the regulations adopted pursuant thereto.  3. The State Environmental Commission must apply the provisions of NRS 459.380 to 459.3874, inclusive, to dealers of liquefied petroleum gas who sell, fill, refill, deliver or are permitted to deliver any liquefied petroleum gas in a manner that is consistent with 42 U.S.C. § 7412(r)(4)(B).  4. As used in this section, "liquefied petroleum gas" has the meaning ascribed to it in NRS 590.475.  (Added to NRS by 1991, 1998; A 2003, 1601; 2007, 590)
NV Rev Stat § 459.3819 (2021)
2021 Nevada Revised Statutes|Chapter 459 - Hazardous Materials|NRS 459.3819 - Inspections by state and local agencies of facilities where explosives are manufactured, used, processed, handled, moved on-site or stored.

  1. The Division shall enter into cooperative agreements with state and local agencies to provide inspections of facilities where explosives are manufactured, or where an explosive is used, processed, handled, moved on-site or stored in relation to its manufacture. The Division shall schedule the inspections in such a manner as to provide an opportunity for participation by:  (a) A representative of the fire-fighting agency that exercises jurisdiction over the facility;  (b) A representative of the law enforcement agency that exercises jurisdiction over the facility; and  (c) Representatives of the Division and any other state agency responsible for minimizing risks to persons and property posed by such facilities.  2. The owner or operator of such a facility shall make the facility available for the inspections required by this section at such times as are designated by the Division.  3. Any inspection of a facility conducted pursuant to this section is in addition to, and not in lieu of, any other inspection of the facility required or authorized by state statute or regulation, or local ordinance.  4. Notwithstanding any provision of this section to the contrary, the provisions of this section do not apply to the mining industry.  (Added to NRS by 1999, 1918; A 2003, 1601)
NV Rev Stat § 459.38195 (2021)
2021 Nevada Revised Statutes|Chapter 459 - Hazardous Materials|NRS 459.38195 - Investigation of certain accidents and motor vehicle crashes: Powers and duties of Division; duty of owner or operator of facility to cooperate.

  1. The Division may investigate an accident or a motor vehicle crash occurring in connection with a process that involves one or more highly hazardous substances or explosives at a facility which results in an uncontrolled emission, fire or explosion and which presented an imminent and substantial danger to the health of the employees of the facility, the public health or the environment, to determine the cause of the accident or motor vehicle crash if the owner or operator of the facility:  (a) Is unwilling to commence and has not commenced an investigation in a timely manner; or  (b) Is not capable of and has not retained expertise capable of conducting an investigation.  2. If the Division chooses to conduct such an investigation, the owner or operator of the facility shall, in a manner consistent with the safety of the employees of the Division and the facility, and without placing an undue burden on the operation of the facility, cooperate with the Division by:  (a) Allowing the Division:  (1) To investigate the accident or crash site and directly related facilities, including, without limitation, control rooms;  (2) To examine physical evidence; and  (3) If practicable, to inspect equipment both externally and internally;  (b) Providing the Division with pertinent documents; and  (c) Allowing the Division to conduct independent interviews of the employees of the facility, subject to all rights of the facility and the employees to be represented by legal counsel, management representatives and union representatives during the interviews.  3. To the maximum extent feasible, the Division shall coordinate any investigation it conducts pursuant to this section with investigations conducted by other agencies with jurisdiction over the facility to minimize any adverse impact on the facility and its employees.  4. The Division may contract for the services of a technical expert in conducting an investigation pursuant to this section and may recover its costs for such services from the owner or operator of the facility.  5. If an investigation is conducted by the Division pursuant to this section, all costs incurred by the Division in conducting the investigation, including, without limitation, the costs of services provided pursuant to subsection 4, may be recovered by the Division from the owner or operator of the facility at which the accident or crash occurred.  6. The State Environmental Commission may adopt regulations setting forth the procedures governing an investigation conducted by the Division pursuant to this section and the procedures for the recovery by the Division of all costs incurred by the Division in conducting the investigation.  (Added to NRS by 2003, 1594; A 2015, 1679)
NV Rev Stat § 459.382 (2021)
2021 Nevada Revised Statutes|Chapter 459 - Hazardous Materials|NRS 459.382 - Reports of regulatory agencies; review of requirements of regulatory agencies; final authority of Division of Environmental Protection.

  1. The Division of Public and Behavioral Health of the Department of Health and Human Services, the Division of Industrial Relations of the Department of Business and Industry and any other governmental entity or agency of the State responsible for minimizing risks to persons and property posed by facilities and hazardous substances shall submit to the Division of Environmental Protection such reports as the Division deems necessary to carry out the provisions of NRS 459.380 to 459.3874, inclusive, and any regulations adopted pursuant thereto. The reports must be submitted at such times and contain such information as required by the Division.  2. The State Environmental Commission shall adopt by regulation common reporting forms to be used by such governmental entities and agencies when reporting information related to hazardous substances and facilities.  3. The Division shall review the rules, regulations, standards, codes and safety orders of other governmental entities and agencies of the State responsible for minimizing risks to persons and property posed by facilities and hazardous substances to ensure that they are sufficient to carry out the provisions of NRS 459.380 to 459.3874, inclusive, and any regulations adopted pursuant thereto.  4. If the Division and any other governmental entity or agency of the State have coexisting jurisdiction over the regulation of facilities or hazardous substances located at such facilities, the Division has the final authority to take such actions as are necessary to carry out the provisions of NRS 459.380 to 459.3874, inclusive, and any regulations adopted pursuant thereto.  (Added to NRS by 1991, 1998; A 1993, 594, 1634; 2003, 1602)
NV Rev Stat § 459.3822 (2021)
2021 Nevada Revised Statutes|Chapter 459 - Hazardous Materials|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.

  1. The owner or operator of a facility shall, upon request, submit any records, reports or other information to the Division that the Division deems necessary to administer and enforce the provisions of NRS 459.380 to 459.3874, inclusive, and any regulations adopted pursuant thereto.  2. Except as otherwise provided in this section, any records, reports or other information obtained pursuant to NRS 459.380 to 459.3874, inclusive, or any regulation adopted pursuant thereto must be made available to the public for inspection and copying.  3. The Division shall protect the confidentiality of any information obtained by the Division, including, without limitation, any information obtained through an observation made by the Division during a visit to a facility if:  (a) The owner or operator of the facility from which the information was obtained or which was visited requests such protection; and  (b) The information satisfies the conditions for protection as a trade secret pursuant to subsection 4.  4. Information is entitled to protection as a trade secret under this section only if:  (a) The information has not been disclosed to any other person, other than a member of a local emergency planning committee, an officer or employee of the United States or a state or local government, an employee of such a person, or a person who is bound by an agreement of confidentiality, and the owner or operator of the facility has taken reasonable measures to protect the confidentiality of the information and intends to continue to take such measures;  (b) The information is not required to be disclosed, or otherwise made available, to the public under any other federal or state law;  (c) Disclosure of the information is likely to cause substantial harm to the competitive position of the owner or operator of the facility; and  (d) The chemical identity of a substance, if that is the information, is not readily discoverable through analysis of the product containing it or scientific knowledge of how such a product must be made.  5. The State Environmental Commission shall adopt regulations for the protection of the confidentiality of information entitled to protection as a trade secret pursuant to this section.  6. The person requesting the copy or copies of the public records, shall tender or pay to the Division such fee as may be prescribed for the service of copying.  (Added to NRS by 1991, 2008; A 2003, 1603)
NV Rev Stat § 459.3824 (2021)
2021 Nevada Revised Statutes|Chapter 459 - Hazardous Materials|NRS 459.3824 - Annual fees; Account for Precaution Against Chemical Accidents.

  1. The owner or operator of a facility shall pay to the Division an annual fee based on the fiscal year. The annual fee for each facility is the sum of a base fee set by the State Environmental Commission and any additional fee imposed by the Commission pursuant to subsection 2. The annual fee must be prorated and may not be refunded.  2. The State Environmental Commission may impose an additional fee upon the owner or operator of a facility in an amount determined by the Commission to be necessary to enable the Division to carry out its duties pursuant to NRS 459.380 to 459.3874, inclusive, and any regulations adopted pursuant thereto. The additional fee must be based on a graduated schedule adopted by the Commission which takes into consideration the quantity of hazardous substances located at each facility.  3. After the payment of the initial annual fee, the Division shall send the owner or operator of a facility a bill in July for the annual fee for the fiscal year then beginning which is based on the applicable reports for the preceding year.  4. The State Environmental Commission may modify the amount of the annual fee required pursuant to this section and the timing for payment of the annual fee:  (a) To include consideration of any fee paid to the Division for a permit to construct a new process or commence operation of a new process pursuant to NRS 459.3829; and  (b) If any regulations adopted pursuant to NRS 459.380 to 459.3874, inclusive, require such a modification.  5. The owner or operator of a facility shall submit, with any payment required by this section, the business identification number assigned by the Secretary of State upon compliance by the owner with the provisions of chapter 76 of NRS.  6. All fees, fines, penalties and other money collected pursuant to NRS 459.380 to 459.3874, inclusive, and any regulations adopted pursuant thereto, other than a fine collected pursuant to subsection 3 of NRS 459.3834, must be deposited with the State Treasurer for credit to the Account for Precaution Against Chemical Accidents, which is hereby created in the State General Fund. All interest earned on the money in the Account must be credited to the Account.  (Added to NRS by 1991, 1999; A 1993, 907; 1999, 1126, 2007; 2003, 346, 1604; 2003, 20th Special Session, 207; 2009, 2052; 2011, 449)
NV Rev Stat § 459.3829 (2021)
2021 Nevada Revised Statutes|Chapter 459 - Hazardous Materials|NRS 459.3829 - Permits to construct or commence operation of new process: Requirements; application; regulations; fee.

  1. No owner or operator of a facility may commence construction or operation of any new process that will be subject to regulation pursuant to NRS 459.380 to 459.3874, inclusive, or any regulation adopted pursuant thereto, unless the owner or operator first obtains all appropriate permits from the Division to construct the new process and commence operation of the new process. Before issuing any such permits, the Division of Environmental Protection shall consult with the Division of Industrial Relations of the Department of Business and Industry.  2. An application for such a permit must be submitted on a form prescribed by the Division of Environmental Protection.  3. The State Environmental Commission shall adopt regulations establishing the requirements for the issuance of a permit pursuant to this section. An applicant shall comply with requirements that the State Environmental Commission establishes by regulation for the issuance of a permit before the applicant may receive a permit from the Division for the construction and operation of the process.  4. The Division may charge and collect a fee for the issuance of such a permit.  (Added to NRS by 1999, 2007; A 2003, 346, 1605)
NV Rev Stat § 459.3832 (2021)
2021 Nevada Revised Statutes|Chapter 459 - Hazardous Materials|NRS 459.3832 - Regulations concerning certification of records, reports and information submitted to Division; requirements for signature on certification.

  1. The State Environmental Commission shall adopt regulations setting forth:  (a) The records, reports and information submitted to the Division which must contain a certification; and  (b) The requirements of such certifications.  2. Each certification must be signed by the sole proprietor of the facility, the highest ranking corporate officer or partner at the facility, the manager of the facility, or a person designated by any one of those persons to sign the certification.  (Added to NRS by 1991, 2001; A 2003, 1605)
NV Rev Stat § 459.3833 (2021)
2021 Nevada Revised Statutes|Chapter 459 - Hazardous Materials|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.

  1. The State Department of Conservation and Natural Resources may, in accordance with the authority granted to it pursuant to NRS 445B.205, apply for and accept any delegation of authority and any grant of money from the Federal Government for the purpose of establishing and carrying out a program to prevent and minimize the consequences of the accidental release of hazardous substances in accordance with the provisions of 42 U.S.C. § 7412(r).  2. The State Environmental Commission may adopt regulations necessary to establish and carry out such a program.  (Added to NRS by 1997, 1397; A 2003, 1605)
NV Rev Stat § 459.3834 (2021)
2021 Nevada Revised Statutes|Chapter 459 - Hazardous Materials|NRS 459.3834 - Unlawful acts; penalties.

  1. A person shall not knowingly:  (a) Violate any provision of NRS 459.380 to 459.3874, inclusive, or any regulation adopted pursuant thereto;  (b) Make any false material statement, representation or certification in any required form, notice or report; or  (c) Render inaccurate any required monitoring device or method.  2. Except as otherwise provided in subsection 3, a person who violates subsection 1 shall be punished by a fine of not more than $25,000 per day of the violation, and each day on which the violation continues constitutes a separate and distinct violation.  3. A person who violates subsection 1 in a manner that contributes to the substantial bodily harm or death of any person 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 1997, 1398; A 2003, 1606)
NV Rev Stat § 459.3862 (2021)
2021 Nevada Revised Statutes|Chapter 459 - Hazardous Materials|NRS 459.3862 - "Committee" defined.

As used in NRS 459.3862 to 459.3868, inclusive, unless the context otherwise requires, "Committee" means a Committee to Oversee the Management of Risks, created pursuant to NRS 459.3864.  (Added to NRS by 1991, 2006)