reglab/housing_qa huggingface dataset:
NV Rev Stat § 445C.290 (2021)
2021 Nevada Revised Statutes|Chapter 445C - Environmental Requirements; Cleanup of Discharged Petroleum|NRS 445C.290 - Legislative findings.

The Legislature finds that:  1. Protection of this State’s environment, particularly its supplies of water, requires the prompt cleaning up of any discharge of petroleum from a storage tank.  2. Federal law and regulations require each operator of a storage tank to show financial responsibility for this purpose, but the capital of smaller operators is too little to meet these requirements and insurance to cover this liability is prohibitively costly for these smaller operators.  3. Free competitive access to the business of distributing petroleum therefore requires a system of funding this liability in which all engaged in the business must participate equitably.  4. The fee imposed by NRS 445C.330 is not an excise tax but a fee for engaging in the refining or importation of motor vehicle fuel, diesel fuel of grade number 1, diesel fuel of grade number 2 and heating oil.  (Added to NRS by 2015, 3602)
NV Rev Stat § 445C.300 (2021)
2021 Nevada Revised Statutes|Chapter 445C - Environmental Requirements; Cleanup of Discharged Petroleum|NRS 445C.300 - Board to Review Claims: Creation; members; Chair; administrative assistance; compensation of members.

  1. The Board to Review Claims is hereby created in the Division. The Board consists of:  (a) The Administrator of the Division;  (b) The Director of the Department;  (c) The State Fire Marshal;  (d) A representative of refiners of petroleum;  (e) A representative of independent dealers in petroleum;  (f) A representative of independent retailers of petroleum; and  (g) A representative of the general public.  2. An officer designated as a member of the Board may designate a substitute. The Governor shall appoint the respective representatives designated as members of the Board. Each representative of a field of enterprise must be appointed from a list of three persons nominated by persons engaged in that field in this State, through their trade association if one exists.  3. The Board shall select its Chair. The Administrator of the Division shall provide administrative assistance to the Board as required.  4. Each member who is appointed by the Governor is entitled to receive a salary of not more than $80, as fixed by the Board, for each day’s attendance at a meeting of the Board.  5. While engaged in the business of the Board, each member of the Board is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.  (Added to NRS by 2015, 3602)
NV Rev Stat § 445C.320 (2021)
2021 Nevada Revised Statutes|Chapter 445C - Environmental Requirements; Cleanup of Discharged Petroleum|NRS 445C.320 - Fund for Cleaning Up Discharges of Petroleum: Expenditures for certain discharges; limitations; reimbursement.

Notwithstanding any provision of NRS 445C.150 to 445C.410, inclusive, to the contrary, and except as otherwise provided in this section:  1. The Division may expend not more than $2,000,000 from the Fund per fiscal year as reimbursement for necessary costs incurred by the Division in the response to and cleanup of discharges in the State, including discharges from a storage tank and discharges from a mobile tank that occur during the transportation of petroleum or a petrochemical on roads and highways. The Interim Finance Committee may approve the expenditure of more than $2,000,000 from the Fund in a fiscal year for the purposes described in this subsection. If a discharge also involves another hazardous material, the Division may expend money pursuant to this section in the cleanup of the discharge and the other hazardous material. The Division shall not expend money from the Fund pursuant to this section to clean up discharges from pipelines.  2. Except as otherwise provided in this subsection, money from the Fund expended by the Division pursuant to this section must be used to augment, and must not be used to replace or supplant, any money available from other sources for the cleanup of discharges, including, without limitation, reimbursements by operators required to be made to the Division pursuant to NRS 445C.340 and 445C.360. If no money is available from those other sources, the Division may expend money from the Fund pursuant to this section to reimburse the Division for any costs specified in subsection 1.  3. If the Division expends money pursuant to this section to clean up a discharge involving:  (a) Petroleum, the operator of the tank shall reimburse the Division for the operator’s share of the costs for cleaning up the discharge.  (b) A petrochemical, the person who is responsible for the discharge shall reimburse the Division for the person’s share of the costs for cleaning up the discharge.  The Division shall, upon being reimbursed pursuant to this subsection, deposit that money in the Fund.  4. As used in this section:  (a) "Discharge" means, unless authorized by state or federal law, any:  (1) Release of a petrochemical into water or soil; or  (2) Release, leaking or spilling of petroleum or a petrochemical from a tank into water or soil.   (b) "Operator" means a person who owns, controls or is responsible for the operation of a tank.  (c) "Petrochemical" means a chemical derived from petroleum or a petroleum feedstock, including, without limitation, perchloroethylene and any degradation product of perchloroethylene.  (d) "Tank" means a storage tank or a mobile tank used to transport petroleum or a petrochemical received for sale or use in this State.  (Added to NRS by 2015, 3603)
NV Rev Stat § 445C.330 (2021)
2021 Nevada Revised Statutes|Chapter 445C - Environmental Requirements; Cleanup of Discharged Petroleum|NRS 445C.330 - Collection of fee for certain fuels and heating oil; exempt products; payment of expenses of Department.

  1. Except as otherwise provided in subsection 2, the Department shall collect for deposit in the Fund a fee of 0.75 cent for each gallon of motor vehicle fuel, diesel fuel of grade number 1, diesel fuel of grade number 2 and heating oil imported into this State in one of those forms or refined in this State. The fee imposed by this section is in addition to the taxes imposed by chapters 365 and 366 of NRS.  2. The fee imposed by subsection 1 does not apply to motor vehicle fuel, diesel fuel of grade number 1, diesel fuel of grade number 2 or heating oil that is:  (a) Imported or refined by the United States, its unincorporated agencies and instrumentalities, or any incorporated agency or instrumentality of the United States wholly owned by the United States or by a corporation wholly owned by the United States;  (b) Exported from this State;  (c) Imported or refined by railroad companies for use in locomotive engines;  (d) Being transported through this State in interstate commerce; or  (e) Used as fuel for jet or turbine-powered aircraft.  3. The fee is payable on or before the last day of each calendar month for those products subject to the fee that are handled during the preceding calendar month. The Department shall prescribe by regulation the manner of payment of the fee and for this purpose may reasonably classify the persons liable for payment. The Department may, in collecting the fee, employ any administrative power conferred upon it by chapter 360A or 365 of NRS.  4. The expenses incurred by the Department in performing its duties under NRS 445C.150 to 445C.410, inclusive, are a charge against the Fund.  (Added to NRS by 2015, 3604)
NV Rev Stat § 445C.340 (2021)
2021 Nevada Revised Statutes|Chapter 445C - Environmental Requirements; Cleanup of Discharged Petroleum|NRS 445C.340 - Registration of storage tanks: Collection of annual fee; exempt tanks; reimbursement and other liability for noncompliance.

  1. Except as otherwise provided in subsection 2, the Division shall collect for deposit in the Fund an annual fee not to exceed $100, set by the Board, for the registration of each storage tank.  2. No fee is to be collected, and no registration is required, with respect to a storage tank used to store heating oil for consumption on the same premises where the oil is stored, or a storage tank operated by a person not required to pay the fee for petroleum produced in or imported into this State.  3. The operator of a storage tank required to be registered pursuant to this section who fails to register that tank or to pay the annual fee when required shall reimburse the Division for any expense incurred by the Division in cleaning up a discharge from that storage tank and for any discharge of liability to a third person. If, in cleaning up the discharge from that storage tank, the Division expends money from the Fund in accordance with NRS 445C.320, the Division shall, upon being reimbursed by the operator of the storage tank pursuant to this subsection, deposit that money in the Fund.  (Added to NRS by 2015, 3604)
NV Rev Stat § 445C.350 (2021)
2021 Nevada Revised Statutes|Chapter 445C - Environmental Requirements; Cleanup of Discharged Petroleum|NRS 445C.350 - Transfer of portion of ending balance in Fund to account created in NRS 408.242.

If the balance in the Fund for Cleaning Up Discharges of Petroleum at the end of any fiscal year is estimated at $7,500,000 or more, the Department shall transfer to the account created pursuant to NRS 408.242 the balance in the Fund for Cleaning Up Discharges of Petroleum which exceeds $7,500,000.  (Added to NRS by 2015, 3605)
NV Rev Stat § 445C.360 (2021)
2021 Nevada Revised Statutes|Chapter 445C - Environmental Requirements; Cleanup of Discharged Petroleum|NRS 445C.360 - Report of discharge from tank required; cleanup of discharge; test of tank required for certain coverage for cleanup.

  1. The operator of every storage tank, and every person who for compensation puts petroleum into a storage tank, shall report to the Division every discharge from that tank of which the operator or other person is aware or has reason to believe has occurred. The Division shall undertake or contract for cleaning up the discharge unless the operator or another person is already acting properly to clean it up. If the Division cleans up the discharge, the operator shall reimburse the Division for the operator’s share of the costs. If, in cleaning up the discharge, the Division expends money from the Fund in accordance with NRS 445C.320, the Division shall, upon being reimbursed by the operator of the storage tank pursuant to this subsection, deposit that money in the Fund.  2. Each operator who is required or who chooses to register a tank must, unless the tank has been tested for tightness under the federal standards embodied in 40 C.F.R. § 280.43c since July 1, 1988, test the tank pursuant to those standards before it is eligible for the coverage provided by NRS 445C.370 and 445C.380.  (Added to NRS by 2015, 3605)
NV Rev Stat § 445C.370 (2021)
2021 Nevada Revised Statutes|Chapter 445C - Environmental Requirements; Cleanup of Discharged Petroleum|NRS 445C.370 - Allocation of costs resulting from discharge from certain storage tanks for heating oil.

The costs resulting from a discharge from a storage tank which has a capacity of 1,100 gallons or less and is used to store heating oil for consumption on the same premises where the oil is stored must be paid as follows, to the extent applicable:  1. The first $250 for cleaning up and the first $250 of liability for damages to a person other than this State or the operator of the tank, or both amounts, by the operator.  2. If necessary to protect the environment or the public health and safety, the next $250,000 for cleaning up and the next $250,000 for damages to a person other than this State or the operator of the tank, or both amounts, from the Fund. These limits apply to any one discharge and to the total for discharges from storage tanks controlled by any one operator in any fiscal year. For the purpose of this limitation, a group of operators more than 50 percent of whose net worth is beneficially owned by the same person or persons constitutes one operator.  3. Any further cost for cleaning up or for damages, by the operator.  (Added to NRS by 2015, 3605)
NV Rev Stat § 445C.390 (2021)
2021 Nevada Revised Statutes|Chapter 445C - Environmental Requirements; Cleanup of Discharged Petroleum|NRS 445C.390 - Liability for costs to clean up discharge caused by willful or wanton misconduct, gross negligence or violation of statute or regulation.

  1. Any person who, through willful or wanton misconduct, through gross negligence or through violation of any applicable statute or regulation, including specifically any state or federal standard pertaining to the preparation or maintenance of sites for storage tanks, proximately causes a discharge is liable to the Division for any cost in cleaning up the discharge or paying for it to be cleaned up.  2. If a discharge occurs, the site of the tank and any other premises affected by the discharge must be brought into compliance with any applicable standard as described in subsection 1.  (Added to NRS by 2015, 3606)
NV Rev Stat § 445C.400 (2021)
2021 Nevada Revised Statutes|Chapter 445C - Environmental Requirements; Cleanup of Discharged Petroleum|NRS 445C.400 - Pro rata reduction if balance of Fund insufficient for full payment.

If the balance in the Fund is insufficient to pay in full all amounts payable from it under NRS 445C.150 to 445C.410, inclusive, these amounts must be reduced pro rata and the amounts so withheld must be paid pro rata as additional money becomes available in the Fund.  (Added to NRS by 2015, 3606)
NV Rev Stat § 445C.410 (2021)
2021 Nevada Revised Statutes|Chapter 445C - Environmental Requirements; Cleanup of Discharged Petroleum|NRS 445C.410 - Tanks exempted from certain provisions; optional coverage of exempted tank.

  1. Except as otherwise specifically provided in NRS 445C.320, the provisions of NRS 445C.340 to 445C.400, inclusive, do not apply to any tank which:  (a) Contains petroleum being transported through this State in interstate commerce, but do apply to a tank being used to store petroleum received for sale or use in this State;  (b) Contains fuel for jet or turbine-powered aircraft, or is above ground and has a capacity of 30,000 gallons or less, unless in either case the operator complies with subsection 2; or  (c) Is above ground and has a capacity of more than 30,000 gallons.  2. The operator of a tank exempted by paragraph (b) of subsection 1 may obtain the coverage provided by NRS 445C.370 and 445C.380 by applying to the Board, paying the fee set pursuant to NRS 445C.340 for its registration, and, if the tank is used to store fuel for jet or turbine-powered aircraft, reporting monthly the number of gallons of fuel put into the tank and paying the fee required by NRS 445C.330. Coverage pursuant to this subsection begins 6 months after the tank is registered and the required fee first paid.  (Added to NRS by 2015, 3607)
NV Rev Stat § 445D.010 (2021)
2021 Nevada Revised Statutes|Chapter 445D - Environmental Covenants (Uniform Act)|NRS 445D.010 - Short title.

This chapter may be cited as the Uniform Environmental Covenants Act.  (Added to NRS by 2005, 1362)
NV Rev Stat § 445D.020 (2021)
2021 Nevada Revised Statutes|Chapter 445D - Environmental Covenants (Uniform Act)|NRS 445D.020 - Definitions.

As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 445D.030 to 445D.110, inclusive, have the meanings ascribed to them in those sections.  (Added to NRS by 2005, 1362)
NV Rev Stat § 445D.030 (2021)
2021 Nevada Revised Statutes|Chapter 445D - Environmental Covenants (Uniform Act)|NRS 445D.030 - "Activity and use limitations" defined.

Activity and use limitations means restrictions or obligations created under this chapter with respect to real property.  (Added to NRS by 2005, 1362)
NV Rev Stat § 445D.040 (2021)
2021 Nevada Revised Statutes|Chapter 445D - Environmental Covenants (Uniform Act)|NRS 445D.040 - "Agency" defined.

Agency means:  1. The State Department of Conservation and Natural Resources;  2. The Division of Environmental Protection of the State Department of Conservation and Natural Resources; or  3. The United States Environmental Protection Agency.  (Added to NRS by 2005, 1362)
NV Rev Stat § 445D.050 (2021)
2021 Nevada Revised Statutes|Chapter 445D - Environmental Covenants (Uniform Act)|NRS 445D.050 - "Common-interest community" defined.

Common-interest community means a condominium, cooperative or other real property with respect to which a person, by virtue of the person’s ownership of a parcel of real property, is obligated to pay property taxes or insurance premiums, or for maintenance or improvement of other real property described in a recorded covenant that creates the common-interest community.  (Added to NRS by 2005, 1362)
NV Rev Stat § 445D.060 (2021)
2021 Nevada Revised Statutes|Chapter 445D - Environmental Covenants (Uniform Act)|NRS 445D.060 - "Environmental covenant" defined.

Environmental covenant means a servitude arising under an environmental response project that imposes activity and use limitations.  (Added to NRS by 2005, 1362)
NV Rev Stat § 445D.070 (2021)
2021 Nevada Revised Statutes|Chapter 445D - Environmental Covenants (Uniform Act)|NRS 445D.070 - "Environmental response project" defined.

Environmental response project means a plan or work performed for environmental remediation of real property and conducted:  1. Under a federal or state program governing environmental remediation of real property;  2. Incident to closure of a solid or hazardous waste management unit, if the closure is conducted with approval of an agency; or  3. Under a state voluntary cleanup program authorized by the laws of this State.  (Added to NRS by 2005, 1362)
NV Rev Stat § 445D.080 (2021)
2021 Nevada Revised Statutes|Chapter 445D - Environmental Covenants (Uniform Act)|NRS 445D.080 - "Holder" defined.

Holder means the grantee of an environmental covenant as specified in subsection 1 of NRS 445D.120.  (Added to NRS by 2005, 1362)
NV Rev Stat § 445D.090 (2021)
2021 Nevada Revised Statutes|Chapter 445D - Environmental Covenants (Uniform Act)|NRS 445D.090 - "Person" defined.

Person means any natural person, corporation, business trust, estate, trust, partnership, limited-liability company, association, joint venture, public corporation, government, governmental subdivision, agency or instrumentality, or any other legal or commercial entity.  (Added to NRS by 2005, 1362)
NV Rev Stat § 445D.100 (2021)
2021 Nevada Revised Statutes|Chapter 445D - Environmental Covenants (Uniform Act)|NRS 445D.100 - "Record" defined.

Record, used as a noun, means information which is inscribed on a tangible medium or which is stored in an electronic or other medium and is retrievable in perceivable form.  (Added to NRS by 2005, 1363)
NV Rev Stat § 445D.110 (2021)
2021 Nevada Revised Statutes|Chapter 445D - Environmental Covenants (Uniform Act)|NRS 445D.110 - "State" defined.

State means the State of Nevada.  (Added to NRS by 2005, 1363)
NV Rev Stat § 445D.120 (2021)
2021 Nevada Revised Statutes|Chapter 445D - Environmental Covenants (Uniform Act)|NRS 445D.120 - Nature of rights; subordination of interests.

  1. Any person, including a person who owns an interest in the real property, the agency or a municipality or other unit of local government, may be a holder. An environmental covenant may identify more than one holder. The interest of a holder is an interest in real property.  2. A right of an agency under this chapter or under an environmental covenant, other than a right as a holder, is not an interest in real property.  3. An agency is bound by any obligation it assumes in an environmental covenant, but an agency does not assume obligations merely by signing an environmental covenant. Any other person who signs an environmental covenant is bound by the obligations the person assumes in the covenant, but signing the covenant does not change obligations, rights or protections granted or imposed under law other than this chapter except as otherwise provided in the covenant.  4. The following rules apply to interests in real property in existence at the time an environmental covenant is created or amended:  (a) An interest that has priority under any other law is not affected by an environmental covenant unless the person who owns the interest subordinates that interest to the covenant.  (b) This chapter does not require a person who owns a prior interest to subordinate that interest to an environmental covenant or to agree to be bound by the covenant.  (c) A subordination agreement may be contained in an environmental covenant covering real property or in a separate record. If the environmental covenant covers commonly owned property in a common-interest community, the record may be signed by any person authorized by the executive board of the unit-owners’ association.  (d) An agreement by a person to subordinate a prior interest to an environmental covenant affects the priority of that person’s interest, but does not by itself impose any affirmative obligation on the person with respect to the environmental covenant.  (Added to NRS by 2005, 1363)
NV Rev Stat § 445D.130 (2021)
2021 Nevada Revised Statutes|Chapter 445D - Environmental Covenants (Uniform Act)|NRS 445D.130 - Contents.

  1. An environmental covenant must:  (a) State that the instrument is an environmental covenant executed pursuant to this chapter;  (b) Contain a legally sufficient description of the real property subject to the covenant;  (c) Describe the activity and use limitations on the real property;  (d) Identify every holder;  (e) Be signed by the agency, every holder and, unless waived by the agency, every owner of the fee simple of the real property subject to the covenant; and  (f) Identify the name and location of any administrative record for the environmental response project reflected in the environmental covenant.  2. In addition to the information required by subsection 1, an environmental covenant may contain other information, restrictions and requirements agreed to by the persons who signed it, including:  (a) Any requirements for notice following transfer of a specified interest in, or concerning proposed changes in use of, applications for building permits for, or proposals for any site work affecting the contamination on, the property subject to the covenant;  (b) Any requirements for periodic reporting describing compliance with the covenant;  (c) Any rights of access to the property granted in connection with implementation or enforcement of the covenant;  (d) A brief narrative description of the contamination and remedy, including the contaminants of concern, pathways of exposure, limits on exposure, and location and extent of the contamination;  (e) Any limitation on amendment or termination of the covenant in addition to those contained in NRS 445D.180 and 445D.190; and  (f) Any rights of the holder in addition to its right to enforce the covenant pursuant to NRS 445D.200.  3. In addition to other conditions for its approval of an environmental covenant, the agency may require those persons specified by the agency who have interests in the real property to sign the covenant.  (Added to NRS by 2005, 1363)