reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.684 - Reporting of discharge, use or release.

Except as otherwise provided in NRS 459.680, any person, political subdivision, local government or state or local agency who discharges, uses or releases, or allows its employees or independent contractors to discharge, use or release, Class B firefighting foam that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances must report the discharge, use or release to the Division not later than 24 hours after the discharge, use or release. The notification must include, without limitation:
1. The time, date, location and an estimate of the amount of the discharge, use or release of Class B firefighting foam that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances; and
2. The purpose or reason for the discharge, use or release.
(Added to NRS by 2021, 480)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.686 - Working group to study issues relating to environmental contamination: Establishment; composition; duties; members serve without compensation.

1. The Division shall establish a working group to study issues relating to environmental contamination resulting from perfluoroalkyl and polyfluoroalkyl substances in this State which must be composed of representatives of interested state and local public agencies, labor organizations, community organizations and trade associations.
2. The working group established pursuant to subsection 1 shall, without limitation:
(a) Evaluate the potential for environmental contamination in this State resulting from perfluoroalkyl and polyfluoroalkyl substances;
(b) Determine the location of potentially significant discharges or releases of perfluoroalkyl and polyfluoroalkyl substances in this State;
(c) Determine the potential sources of exposure to perfluoroalkyl and polyfluoroalkyl substances for residents of this State;
(d) Compile information relating to existing federal, state and local actions to monitor, contain and clean up environmental contamination resulting from perfluoroalkyl and polyfluoroalkyl substances; and
(e) Develop recommendations for state and local action to monitor, contain and clean up environmental contamination resulting from perfluoroalkyl and polyfluoroalkyl substances.
3. The members of the working group serve without compensation.
4. As used in this section, "public agency" means an agency, bureau, board, commission, department or division of the State of Nevada or a political subdivision of the State of Nevada.
(Added to NRS by 2021, 481)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.700 - Definitions.

As used in NRS 459.700 to 459.780, inclusive, unless the context otherwise requires, the words and terms defined in NRS 459.7005 to 459.7032, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1987, 1750; A 1989, 278; 1991, 1109; 1993, 139, 264, 840, 842, 848, 851; 1995, 546; 1999, 3350)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.7024 - "Hazardous material" defined.

"Hazardous material" means any substance or combination of substances, including any hazardous material, hazardous waste, hazardous substance or marine pollutant:
1. Of a type and amount for which a vehicle transporting the substance must be placarded pursuant to 49 C.F.R. Part 172;
2. Of a type and amount for which a uniform hazardous waste manifest is required pursuant to 40 C.F.R. Part 262; or
3. Which is transported in bulk packaging, as defined in 49 C.F.R. § 171.8.
(Added to NRS by 1993, 845; A 1999, 3350)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.704 - Coordination of fees, forms and regulations; duties of regulatory agencies.

1. The Commission is the state agency responsible for coordinating:
(a) The collection of fees relating to hazardous materials;
(b) The standardization of forms for reporting information relating to hazardous materials; and
(c) The adoption of regulations necessary to carry out the provisions of paragraphs (a) and (b),
by state agencies and local governmental agencies responsible for the regulation of hazardous materials.
2. Each state agency or local governmental agency which is responsible for the regulation of hazardous materials shall, in consultation with the Commission:
(a) Cooperate to eliminate any duplications, conflicts or inconsistencies in regulations relating to hazardous materials;
(b) Review periodically the forms for reporting information relating to hazardous materials to determine whether the forms are easy to understand and complete and, if appropriate, revise the forms accordingly;
(c) Cooperate, if possible, to develop a uniform format for reporting information relating to hazardous materials;
(d) Cooperate to ensure that local governmental agencies which respond to emergencies involving hazardous materials receive reports in a timely manner; and
(e) Consolidate, if possible, the collection of fees relating to hazardous materials.
(Added to NRS by 1993, 264)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.7052 - Registration and permit required for transportation by motor carrier.

Except as otherwise provided in NRS 482.2912 or required by federal law, before transporting a hazardous material upon a public highway of this State, a motor carrier shall register with and obtain a permit for the transportation of hazardous materials:
1. From the Department; or
2. If the motor carrier has designated another participating state as its base state pursuant to the uniform program, from the base state.
(Added to NRS by 1999, 3344; A 2017, 982)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.7054 - Uniform application: Information required.

Except as otherwise required by federal law, a motor carrier who is required to register with and obtain a permit from the Department pursuant to NRS 459.7052:
1. Except as otherwise provided in subsection 2, is not required to provide on a uniform application any information required solely from a motor carrier who transports hazardous waste.
2. For the transportation of any radioactive waste must provide all the information required on a uniform application, including any information required solely from a motor carrier who transports hazardous waste.
(Added to NRS by 1999, 3345)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.7056 - Uniform application: Confidentiality and disclosure of information provided.

1. Except as otherwise provided in subsection 2 or NRS 239.0115 or required by federal law, the following information is confidential when provided to the Department on a uniform application:
(a) Any information regarding the ownership of a motor carrier.
(b) Any information regarding a parent company, affiliate or subsidiary of a motor carrier.
(c) Any information regarding the financial balance sheet and statement of income of a motor carrier.
(d) Any information regarding the liability of a motor carrier for any debts.
(e) Any information regarding the customers of a motor carrier, including the services provided to specific customers.
2. The Department may, to the extent required for the administration of the uniform program, disclose any information described in subsection 1 to:
(a) An appropriate agency of the Federal Government or a participating state; or
(b) A national repository established to assist in the administration of the uniform program.
(Added to NRS by 1999, 3345; A 2007, 2113)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.7058 - Denial, suspension or revocation of registration and permit: Grounds; procedure.

1. Except as otherwise required by federal law, the Department shall immediately suspend or revoke the registration and permit for the transportation of hazardous materials, or deny the approval of an application for such a registration and permit, by a motor carrier who:
(a) Knowingly makes a materially false or misleading statement on the application for the registration and permit;
(b) Is assigned an unsatisfactory safety rating pursuant to 49 C.F.R. Part 385;
(c) Is subject to an order entered pursuant to 49 C.F.R. § 386.72;
(d) Does not maintain the financial responsibility for liability required pursuant to 49 C.F.R. Part 387 and the laws of this State;
(e) Knowingly uses a forged certificate of registration or permit for the transportation of hazardous materials;
(f) Knowingly allows the use of his or her registration or permit for the transportation of hazardous materials by any person other than an agent or employee of the motor carrier; or
(g) Is convicted of a serious violation or repeated violations of the laws of this State for the regulation of motor carriers.
2. Upon taking any action pursuant to subsection 1, the Department shall:
(a) Notify the motor carrier, by certified mail, of the reasons for its action and of any action the motor carrier may take to obtain the reinstatement of his or her registration and permit or the approval of his or her application; and
(b) Provide the motor carrier with an opportunity for a fair and impartial hearing on the matter.
(Added to NRS by 1999, 3345; A 2001, 900)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.706 - Motor carriers: Prerequisites to issuance of permit to transport radioactive waste; assessment for investigation, inspection or audit outside of State.

1. The Department shall not issue a permit required pursuant to NRS 459.7052 to a motor carrier who is seeking to transport radioactive waste upon a public highway of this State without first determining that the carrier transporting the waste is in compliance and will continue to comply with all laws and regulations of this State and the Federal Government respecting the handling and transportation of radioactive waste and the safety of drivers and vehicles.
2. Any motor carrier who maintains his or her books and records outside of this State must, in addition to any other assessments and fees provided by law, be assessed by the Department for an amount equal to the per diem allowance and travel expenses of employees of the Department for investigations, inspections and audits which may be required to be performed outside of this State in carrying out the provisions of subsection 1. The per diem allowance and travel expenses of the employees of the Department must be assessed at the rate established by the State Board of Examiners for state officers and employees generally.
3. The assessment provided for in subsection 2 must be determined by the Department upon the completion of each such investigation, inspection or audit and is due within 30 days after the date on which the affected motor carrier receives the assessment. The records of the Department relating to the additional costs incurred by reason of necessary travel must be open for inspection by the affected carrier at any time within the 30-day period.
(Added to NRS by 1999, 3346; A 2001, 901; 2007, 604)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.708 - Motor carriers: Rejection of and liability for certain packages of radioactive waste.

1. A motor carrier who is transporting radioactive waste shall reject any package containing the waste which is tendered to the motor carrier for transport in this State if the package:
(a) Is leaking or spilling its contents;
(b) Does not bear a:
(1) Marking required pursuant to 49 C.F.R. Part 172, Subpart D;
(2) Label required pursuant to 49 C.F.R. Part 172, Subpart E; or
(3) Placard required pursuant to 49 C.F.R. Part 172, Subpart F; or
(c) Is not accompanied by a:
(1) Shipping paper required pursuant to 49 C.F.R. Part 172, Subpart C; or
(2) Manifest required pursuant to 10 C.F.R. Part 20, Appendix G.
2. A carrier who accepts radioactive waste for transport in this State is liable for any package in the custody of the carrier which leaks or spills its contents, does not bear the required marking, label or placard, or is not accompanied by the required shipping paper or manifest, unless, in the case of a leak or spill of the waste and by way of affirmative defense, the carrier proves that he or she did not and could not know of the leak when the carrier accepted the package for transport.
(Added to NRS by 1993, 846; A 1999, 3351; 2001, 901)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.709 - Motor carriers: Prerequisites to transportation of high-level radioactive waste or spent nuclear fuel.

1. A motor carrier shall not transport any high-level radioactive waste or spent nuclear fuel upon a public highway of this State unless:
(a) The high-level radioactive waste or spent nuclear fuel is contained in a package that has been approved for that purpose pursuant to 10 C.F.R. Part 71; and
(b) The carrier has complied with the provisions of 10 C.F.R. Part 71 and 10 C.F.R. Part 73 requiring the advance notification of the Governor of this State or the Governor’s designee.
2. As used in this section:
(a) "High-level radioactive waste" has the meaning ascribed to it in 10 C.F.R. § 72.3.
(b) "Spent nuclear fuel" has the meaning ascribed to it in 10 C.F.R. § 72.3.
(Added to NRS by 1999, 3346; A 2001, 901)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.712 - Inspections, investigations and reproduction of records: Authority of Department; regulations.

1. Except as otherwise required by federal law, an authorized agent of the Department may:
(a) Conduct any examination or inspection of a motor vehicle or facility;
(b) Conduct any investigation, audit or other review; and
(c) Inspect and electronically reproduce any record, document or other evidentiary material,
as is necessary to determine the applicability of the provisions of NRS 459.7052 to 459.728, inclusive, and any regulations adopted pursuant thereto, to any person or motor vehicle, and to determine whether the person or motor vehicle is in compliance therewith.
2. The Director shall adopt regulations governing the inspection of vehicles pursuant to subsection 1 based on standards adopted by a nonprofit organization comprised of representatives from private industry, state agencies, agencies of the Federal Government and other governmental agencies, which is dedicated to improving the safety of commercial vehicles.
(Added to NRS by 1999, 3347)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.715 - Repository for Information Concerning Hazardous Materials in Nevada.

1. The Repository for Information Concerning Hazardous Materials in Nevada is hereby created within the Division.
2. The Commission shall coordinate the collection of information for the Repository and may adopt regulations for that purpose which are consistent with all applicable laws and with any regulations adopted by the Director regarding the management and operation of the Repository.
3. Every state and local governmental agency concerned with the generation, transportation, shipment, storage or disposal of hazardous materials shall submit to the Division pursuant to the regulations of the Department and the Commission such information it collects regarding hazardous materials as required by the Commission.
4. The Division shall collect, maintain and arrange all information submitted to it concerning hazardous materials.
5. The Division may, in a manner consistent with applicable laws and regulations:
(a) Disseminate any information which is contained in the Repository to any other governmental agency concerned with the storage, packaging, disposal or transportation of hazardous materials; and
(b) Enter into cooperative agreements with federal and state repositories to facilitate exchanges of such information.
(Added to NRS by 1987, 1751; A 1991, 1110)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.718 - Notification of Division regarding certain accidents, motor vehicle crashes or incidents.

1. A person responsible for the care, custody or control of a hazardous material which is involved in an accident, motor vehicle crash or incident occurring during the transportation of the hazardous material by a motor carrier, including any accident, motor vehicle crash or incident occurring during any loading, unloading or temporary storage of the hazardous material while it is subject to active shipping papers and before it has reached its ultimate consignee, shall notify the Division, consistent with the requirements of 49 C.F.R. § 171.15, as soon as practicable if, as a result of the hazardous material:
(a) A person is killed;
(b) A person receives injuries that require hospitalization;
(c) Any damage to property exceeds $50,000;
(d) There is an evacuation of the general public for 1 hour or more;
(e) One or more major transportation routes or facilities are closed or shut down for 1 hour or more;
(f) There is an alteration in the operational flight pattern or routine of any aircraft;
(g) Any radioactive contamination is suspected;
(h) Any contamination by an infectious substance is suspected;
(i) There is a release of a liquid marine pollutant in excess of 450 liters or a solid marine pollutant in excess of 400 kilograms; or
(j) Any situation exists at the site of the accident, motor vehicle crash or incident which, in the judgment of the person responsible for the care, custody or control of the hazardous material, should be reported to the Division.
2. The notification required pursuant to this section must include:
(a) The name of the person providing the notification;
(b) The name and address of the motor carrier represented by that person;
(c) The telephone number where that person can be contacted;
(d) The date, time and location of the accident, crash or incident;
(e) The extent of any injuries;
(f) The classification, name and quantity of the hazardous material involved, if that information is available; and
(g) The type of accident, crash or incident, the nature of the hazardous material involved and whether there is a continuing danger to life at the scene of the accident, crash or incident.
3. A person may satisfy the requirements of this section by providing the information specified in subsection 2 to the person who responds to a telephone call placed to:
(a) The number 911 in an area where that number is used for emergencies; or
(b) The number zero in an area where the number 911 is not used for emergencies.
(Added to NRS by 1999, 3347; A 2001, 902; 2015, 1683)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.721 - Duties of Director: Regulations for participation in uniform program.

The Director shall adopt regulations for the participation of this State in the uniform program. The regulations adopted pursuant to this section must be consistent with, and equivalent in scope, coverage and content to:
1. Except as otherwise provided in subsection 2, the recommendations contained in the final report of the working group established pursuant to 49 U.S.C. § 5119; or
2. If the Secretary of Transportation prescribes regulations pursuant to 49 U.S.C. § 5119, the regulations of the Secretary of Transportation.
(Added to NRS by 1999, 3344)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.725 - Powers and duties of Director: Administration of provisions; regulations; agreements.

1. The Director is responsible for administering the provisions of NRS 459.7052 to 459.728, inclusive, and, subject to the limitations contained in those provisions, may adopt such regulations as the Director deems necessary for that purpose. The regulations adopted pursuant to this section must be consistent with any applicable statutes and regulations of the Federal Government.
2. The Director shall adopt regulations:
(a) For the security of the Repository for Information Concerning Hazardous Materials in Nevada so that it is adequately protected from fire, theft, loss, destruction, other hazards and unauthorized access.
(b) Prescribing the manner in which information concerning hazardous materials is submitted to the Division by state and local governmental agencies.
(c) Providing for the imposition of fees to pay the cost of:
(1) Any registration and permitting required to carry out the uniform program; and
(2) Any other regulation pursuant to the provisions of NRS 459.7052 to 459.728, inclusive.
Money received by the Department from the fees imposed pursuant to this paragraph must be deposited with the State Treasurer for credit to the State Highway Fund and used only to carry out the provisions of NRS 459.7052 to 459.728, inclusive.
3. The Director, on behalf of this State, may enter into any agreements with:
(a) The Federal Government;
(b) Other states; and
(c) A national repository established to assist in the administration of the uniform program,
as are appropriate for the administration of the uniform program.
(Added to NRS by 1987, 1752; A 1993, 850; 1999, 3351)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.727 - Provisions inapplicable to transportation by governmental vehicle.

Except as otherwise required by federal law, the provisions of NRS 459.7052 to 459.728, inclusive, and the regulations adopted pursuant thereto do not apply to the transportation of a hazardous material by any vehicle which is owned and operated by the Federal Government, this State or any political subdivision of this State.
(Added to NRS by 1999, 3348)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.728 - Provisions supersede and preempt local regulation of transportation; exceptions.

1. Except as otherwise provided in subsection 2, the provisions of NRS 459.7052 to 459.728, inclusive, and the regulations adopted pursuant thereto supersede and preempt any ordinance or regulation adopted by the governing body of a political subdivision of this State governing the transportation of a hazardous material upon a public highway of this State.
2. The provisions of subsection 1 do not apply to any ordinance or regulation:
(a) For the control of traffic generally; or
(b) Which is approved by the Board of Directors of the Department of Transportation pursuant to paragraph (b) of subsection 3 of NRS 484A.420.
(Added to NRS by 1999, 3348)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.735 - Contingency Account for Hazardous Materials.

1. The Contingency Account for Hazardous Materials is hereby created in the State General Fund.
2. The Commission shall administer the Contingency Account for Hazardous Materials. Except as otherwise provided in subsection 4, the money in the Account may be expended for:
(a) Carrying out the provisions of NRS 459.735 to 459.773, inclusive;
(b) Carrying out the provisions of 42 U.S.C. §§ 11001 et seq. and 49 U.S.C. §§ 5101 et seq.;
(c) Maintaining and supporting the operations of the Commission and local emergency planning committees;
(d) Training and equipping state and local personnel to respond to accidents, motor vehicle crashes and incidents involving hazardous materials;
(e) The operation of training programs and a training center for handling emergencies relating to hazardous materials and related fires pursuant to NRS 477.045; and
(f) Any other purpose authorized by the Legislature.
3. All money received by this State pursuant to 42 U.S.C. §§ 11001 et seq. or 49 U.S.C. §§ 5101 et seq. must be deposited with the State Treasurer to the credit of the Contingency Account for Hazardous Materials. In addition, all money received by the Commission from any source must be deposited with the State Treasurer to the credit of the Contingency Account for Hazardous Materials. The State Controller shall transfer from the Contingency Account to the Operating Account of the State Fire Marshal such money collected pursuant to chapter 477 of NRS as is authorized for expenditure in the budget of the State Fire Marshal for use pursuant to paragraph (e) of subsection 2.
4. Any fees deposited with the State Treasurer for credit to the Contingency Account for Hazardous Materials pursuant to subsection 5 of NRS 482.379365 must be accounted for separately and must be expended to provide financial assistance to this State or to local governments in this State to support preparedness to combat terrorism, including, without limitation, planning, training and purchasing supplies and equipment, or for any other purpose authorized by the Legislature.
5. Upon the presentation of budgets in the manner required by law, money to support the operation of the Commission pursuant to this chapter, other than its provision of grants, must be provided by direct legislative appropriation from the State Highway Fund or other legislative authorization to the Contingency Account for Hazardous Materials.
6. The interest and income earned on the money in the Contingency Account for Hazardous Materials, after deducting any applicable charges, must be credited to the Account.
7. All claims against the Contingency Account for Hazardous Materials must be paid as other claims against the State are paid.
(Added to NRS by 1987, 1752; A 1989, 747; 1991, 1110, 1773, 1828; 1993, 140, 1317, 1318; 1999, 3352; 2001, 1833; 2001 Special Session, 143; 2003, 274, 362; 2010, 26th Special Session, 19; 2015, 1684)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.738 - Creation of Commission; appointment and terms of members; appointment of Chair or Co-Chairs; employment of staff.

1. The State Emergency Response Commission is hereby created for the purpose of carrying out the provisions of 42 U.S.C. §§ 11001 et seq. and other matters relating thereto.
2. The Commission consists of not more than 25 members appointed by the Governor. The Governor shall, to the extent practicable, appoint persons to the Commission who have technical expertise in responding to emergencies.
3. The term of each member of the Commission is 4 years. A member may be reappointed, and there is no limit on the number of terms that a member may serve.
4. The Governor shall appoint one or more of the members of the Commission to serve as Chair or Co-Chairs.
5. The Commission may employ, within the limits of legislative appropriations, such staff as is necessary to the performance of its duties.
(Added to NRS by 1991, 1108; A 1997, 2544; 2001, 903)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.740 - Adoption of regulations; acceptance of gifts and grants of money and other revenues.

The Commission may:
1. Adopt regulations for the purpose of enforcing its responsibilities pursuant to 42 U.S.C. §§ 11001 et seq.
2. Accept gifts and grants of money and other revenues for the purpose of enforcing its responsibilities pursuant to 42 U.S.C. §§ 11001 et seq.
(Added to NRS by 1987, 1753; A 1991, 1111; 2001, 904)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.742 - Powers of Commission.

The Commission, in carrying out its duties and within the limits of legislative appropriations and other available money, may:
1. Enter into contracts, leases or other agreements or transactions;
2. Provide grants of money to local emergency planning committees to improve their ability to respond to emergencies involving hazardous materials;
3. Assist with the development of comprehensive plans for responding to such emergencies in this State;
4. Provide technical assistance and administrative support to the Telecommunications Group of the Network Services Unit of the Office of the Chief Information Officer within the Office of the Governor for the development of systems for communication during such emergencies;
5. Provide technical and administrative support and assistance for training programs;
6. Develop a system to provide public access to data relating to hazardous materials;
7. Support any activity or program eligible to receive money from the Contingency Account for Hazardous Materials;
8. Approve programs developed to address planning for and responding to emergencies involving hazardous materials; and
9. Coordinate the activities administered by state agencies to carry out the provisions of this chapter, 42 U.S.C. §§ 11001 et seq. and 49 U.S.C. §§ 5101 et seq.
(Added to NRS by 1991, 1108; A 1993, 1318, 1635; 1995, 579; 1997, 3090; 2001, 904, 2627; 2003, 17; 2021, 2110; 2023, 175)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.744 - Establishment and payment of fees.

The Commission shall establish by regulation:
1. A schedule of fees for its services and regulatory activities. The fees must be set at an amount which approximates the cost to the Commission of performing those services and activities.
2. A fee, not to exceed $15,000 per year, to be paid, except as otherwise provided in subsection 5, by each person who stores an extremely hazardous material in an amount greater than the threshold planning quantity established for such material in 40 C.F.R. Part 355, Appendix A or B. The fee must include:
(a) A filing fee for each facility in which such material is stored; and
(b) A surcharge for each ton of such material stored in excess of 1 ton,
and must be paid on or before March 1 of each year for the preceding calendar year.
3. A fee, not to exceed $2,000 per year, to be paid by each person who manufactures for transport an extremely hazardous material in an amount greater than the threshold planning quantity established for such material in 40 C.F.R. Part 355, Appendix A or B. The fee must include:
(a) A filing fee for each facility in which such material is manufactured; and
(b) A surcharge for each ton of such material which is manufactured for transport in this State,
and must be paid on or before January 31 of each year for the preceding calendar year.
4. A reporting fee, not to exceed $15,000 per year, to be paid, except as otherwise provided in subsection 5, by each person who is required to submit a toxic chemical release form pursuant to 42 U.S.C. §§ 11001 et seq., which becomes due upon the filing of the form.
5. A method for limiting the amount of fees established pursuant to subsections 2 and 4 so that the aggregate amount of the fees imposed on a person during any calendar year does not exceed $15,000.
(Added to NRS by 1991, 1109; A 1995, 454; 1999, 254; 2001, 904; 2003, 826; 2005, 54)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.748 - Definitions.

As used in NRS 459.750 to 459.770, inclusive:
1. "Does not act promptly and appropriately" means that the person:
(a) Cannot be notified of the incident within 2 hours after the initial attempt to contact the person;
(b) 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;
(c) Does not act upon the commitment within 24 hours after making it;
(d) Does not clean and decontaminate the affected area properly; or
(e) Does not act immediately to clean and decontaminate the affected area properly, if the inaction of the person presents an imminent and substantial hazard to human health, public safety or the environment.
2. "Responding" means any efforts to mitigate, attempt to mitigate or assist in the mitigation of the effects of a spill of or accident or motor vehicle crash involving hazardous material, including, without limitation, efforts to:
(a) Contain and dispose of the hazardous material.
(b) Clean and decontaminate the area affected by the spill, accident or crash.
(c) Investigate the occurrence of the spill, accident or crash.
(Added to NRS by 1993, 838; A 2015, 1685)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.750 - Responsibility for cleaning and decontamination of area affected by spill, accident or motor vehicle crash.

Any person who possessed or had in his or her care any hazardous material involved in a spill, accident or motor vehicle crash requiring the cleaning and decontamination of the affected area is responsible for that cleaning and decontamination.
(Added to NRS by 1987, 1753; A 2015, 1685)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.755 - Use of Contingency Account for Hazardous Materials to pay for costs of cleaning and decontamination of area affected by spill, accident or motor vehicle crash.

If the person responsible for hazardous material involved in a spill, accident or motor vehicle crash does not act promptly and appropriately to clean and decontaminate the affected area, and if the inaction of the person presents an imminent and substantial hazard to human health, public safety, any property or the environment, money from the Contingency Account for Hazardous Materials may be expended to pay the costs of:
1. Responding to a spill of or an accident or motor vehicle crash involving hazardous material;
2. Coordinating the efforts of state, local and federal agencies responding to a spill of or an accident or motor vehicle crash involving hazardous material;
3. Managing the cleaning and decontamination of an area for the disposal of hazardous material or the site of a spill of or an accident or motor vehicle crash involving hazardous material; or
4. Removing or contracting for the removal of hazardous material which presents an imminent danger to human health, public safety or the environment.
(Added to NRS by 1987, 1753; A 1991, 1774; 2015, 1685)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.760 - Reimbursement of expenses of responding state agency; reporting of need for additional funding; action by Attorney General.

1. Except as otherwise provided in this subsection, any state agency accruing expenses in responding to a spill of or an accident or motor vehicle crash involving hazardous material may present an itemized accounting of those expenses with a demand for reimbursement of those expenses to the person responsible for the hazardous material. Payment of the reimbursement must be made within 60 days after the person receives notice from the agency of the amount due. The provisions of this section do not apply to a spill of or an accident or motor vehicle crash involving natural gas or liquefied petroleum gas while it is under the responsibility of a public utility.
2. If the state agency cannot recover the full amount of reimbursement from the person responsible, it may report to the Commission its need for additional funding. The Commission shall notify the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means during a regular or special session of the Legislature, or the Interim Finance Committee if the Legislature is not in session, of the state agency’s need for additional funding.
3. At the request of the state agency, and at any time after the payment for reimbursement is due, the Attorney General shall initiate recovery by legal action of the amount of any unpaid reimbursement plus interest at a rate determined pursuant to NRS 17.130 computed from the date of the incident.
(Added to NRS by 1987, 1754; A 1993, 841; 2015, 1685)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.765 - Deposit of reimbursement and penalty for credit to Contingency Account for Hazardous Materials.

Any reimbursement and penalty recovered by the Attorney General from a person responsible for hazardous material involved in a spill or accident or motor vehicle crash must be deposited with the State Treasurer for credit to the Contingency Account for Hazardous Materials.
(Added to NRS by 1987, 1754; A 1991, 1774; 2015, 1686)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.770 - Recovery of costs incurred by responding county or city.

Any county or city in this State may adopt an ordinance authorizing its legal representative to initiate recovery by legal action from the person responsible for any hazardous material involved in a spill, accident or motor vehicle crash of the amount of any costs incurred by the county or city in responding to the spill of or accident or motor vehicle crash involving hazardous material.
(Added to NRS by 1987, 1754; A 1993, 841; 2015, 1686)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.773 - Development and dissemination of reference guide regarding response to accidents, motor vehicle crashes and incidents.

1. The State Fire Marshal shall, in cooperation with local fire departments, develop a reference guide for use by state and local personnel who respond to accidents, motor vehicle crashes and incidents involving hazardous materials. The reference guide must provide information which is readily accessible regarding procedures for responding to the first critical moments of an accident, motor vehicle crash or incident involving hazardous materials.
2. The State Fire Marshal shall make available, upon request, the reference guide developed pursuant to subsection 1 to local governments, state and local personnel who respond to accidents, motor vehicle crashes and incidents involving hazardous materials and students enrolled in training programs for responding to accidents, motor vehicle crashes and incidents involving hazardous materials.
(Added to NRS by 1993, 139; A 2015, 1686)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.774 - Civil penalties for certain violations.

1. In addition to any applicable criminal penalties, the Department may, after providing written notice and an opportunity for a fair and impartial hearing, impose a civil penalty, in an amount determined pursuant to the schedule adopted by the Director pursuant to this section, upon a person who violates a provision of NRS 459.7052 to 459.728, inclusive, or the regulations adopted pursuant thereto. The notice required by this section must include the amount of the penalty and a description of the violation.
2. The Director shall adopt a schedule of civil penalties for the purposes of this section based on a schedule of recommended fines adopted by a nonprofit organization comprised of representatives from private industry, state agencies, agencies of the Federal Government and other governmental agencies, which is dedicated to improving the safety of commercial vehicles.
3. The Department may bring an action to recover a civil penalty imposed pursuant to this section and shall deposit any money collected with the State Treasurer for credit to the State Highway Fund.
(Added to NRS by 1999, 3348)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.775 - Unlawful acts: Misdemeanors.

Any person who:
1. Transports a hazardous material in a motor vehicle without the permit required pursuant to NRS 459.7052;
2. Transports a hazardous material in a motor vehicle that has not been inspected pursuant to any regulations of the Department requiring an inspection;
3. Fails to carry the permit required pursuant to NRS 459.7052 or a copy of the permit in the driver’s compartment of the motor vehicle if required to do so by a regulation of the Department;
4. Transports a hazardous material in a motor vehicle under a permit required pursuant to NRS 459.7052 which has expired;
5. Violates any of the terms or conditions of a permit required pursuant to NRS 459.7052; or
6. Fails to pay when due any fee established pursuant to NRS 459.744,
is guilty of a misdemeanor.
(Added to NRS by 1987, 1754; A 1991, 1111; 1993, 2799; 1995, 454; 1999, 3352)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.780 - Unlawful acts: Gross misdemeanors.

Any person who:
1. Allows the use of a permit required pursuant to NRS 459.7052 by a person not entitled thereto;
2. Uses a permit required pursuant to NRS 459.7052 to which the person is not entitled;
3. Alters, forges or counterfeits a permit required pursuant to NRS 459.7052;
4. Uses a permit required pursuant to NRS 459.7052 which has been altered, forged or counterfeited;
5. Submits false information on an application or other form used to obtain a permit required pursuant to NRS 459.7052;
6. Transports a hazardous material in a motor vehicle under a permit required pursuant to NRS 459.7052 which has been suspended or revoked; or
7. Transports a hazardous material in a motor vehicle which failed to pass any inspection for safety required by a regulation of the Department,
is guilty of a gross misdemeanor.
(Added to NRS by 1987, 1754; A 1999, 3353)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.790 - "Hazardous material" defined.

As used in NRS 459.790 to 459.796, inclusive, unless the context otherwise requires, "hazardous material" has the meaning ascribed to it in NRS 459.7024, and includes any other substance which is regulated pursuant to this chapter.
(Added to NRS by 1993, 823; A 1999, 3353)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.792 - Scope of immunity: State Emergency Response Commission; local emergency planning committees; persons providing equipment, advice or other assistance.

1. The State Emergency Response Commission, each local emergency planning committee appointed by the Commission, and their respective members are immune from liability for the death of or injury to persons, and for injury to property, resulting from the performance of their functions under this chapter and under 42 U.S.C. §§ 11001 et seq.
2. Except as limited by NRS 459.794 and 459.796, a person who provides equipment, advice or other assistance in mitigating or attempting to mitigate the effects of a discharge of hazardous material, or in preventing, cleaning up or disposing of such a discharge, or in attempting to prevent, clean up or dispose of such a discharge, is immune from liability for the death of or injury to persons, and for injury to property, resulting from those activities.
(Added to NRS by 1993, 823; A 2001, 905)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.794 - Exclusions from immunity: Damages from gross negligence or misconduct; persons causing discharge; persons receiving compensation for assistance.

The immunity provided by subsection 2 of NRS 459.792 does not apply to:
1. Damages resulting from the person’s gross negligence or the person’s intentional, reckless or wanton misconduct;
2. A person:
(a) Whose act or failure to act was a cause of the discharge; or
(b) Who receives compensation other than:
(1) Reimbursement for the person’s actual expenses in voluntarily providing the equipment, advice or other assistance; or
(2) Compensation from the person’s regular employer for the time during which he or she is engaged in rendering the assistance or advice.
(Added to NRS by 1993, 823)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.796 - Prerequisites for immunity: Persons providing equipment, advice or other assistance.

A person is entitled to immunity under subsection 2 of NRS 459.792 only if:
1. In the case of one furnishing advice or assistance, the person is qualified by training, education or experience in the handling of hazardous materials and provides advice or assistance within the area of his or her qualifications; and
2. The person was requested to provide the equipment, advice or other assistance by:
(a) The person responsible for the discharge;
(b) The Division of Emergency Management of the Office of the Military;
(c) The Division of Industrial Relations of the Department of Business and Industry;
(d) The Division of Environmental Protection of the State Department of Conservation and Natural Resources;
(e) The Nevada Highway Patrol Division of the Department of Public Safety;
(f) The State Fire Marshal Division of the Department of Public Safety;
(g) The State Emergency Response Commission or a local emergency planning committee appointed by the Commission;
(h) A local fire department; or
(i) A local agency for law enforcement.
(Added to NRS by 1993, 823; A 1995, 545; 2001, 2627; 2021, 2111)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.800 - Definitions.

As used in NRS 459.800 to 459.856, inclusive, unless the context otherwise requires, the words and terms defined in NRS 459.802 to 459.820, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1989, 769; A 1993, 208)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.812 - "Owner" defined.

"Owner" means any person who owns:
1. An underground storage tank used to store or dispense regulated substances after November 8, 1984, or if the use of the tank was discontinued before that date, the last person to own such a tank before its use was discontinued; or
2. An aboveground storage tank used to store or dispense regulated substances after October 1, 2003, or, if the use of the tank was discontinued before that date, the last person to own such a tank before its use was discontinued.
(Added to NRS by 1989, 770; A 2003, 2116)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.816 - "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, 770)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.820 - "Storage tank" defined.

"Storage tank" means any one or combination of stationary tanks, including pipes connected thereto, used to contain and accumulate regulated substances. The term includes only:
1. Underground storage tanks that are regulated pursuant to the federal Resource Conservation and Recovery Act of 1976, 42 U.S.C. §§ 6901 et seq.; and
2. Aboveground storage tanks that have a storage capacity of at least 110 gallons but not more than 30,000 gallons, including, without limitation, aboveground storage tanks located over water and used to supply fuel at a marina or other facility.
(Added to NRS by 1989, 770; A 2003, 2116)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.824 - Duties of Director.

The Director shall:
1. Administer the provisions of NRS 459.800 to 459.856, inclusive, in a manner that is consistent with, and not more stringent than, the applicable provisions of federal law;
2. Advise, consult and cooperate with other agencies of the State, the Federal Government, other states, interstate agencies and other persons in furthering the purposes of NRS 459.800 to 459.856, inclusive;
3. Take steps necessary to qualify for, accept and administer loans and grants from the Federal Government and other sources, public or private, for carrying out the provisions of NRS 459.800 to 459.856, inclusive;
4. Encourage, request, require the Department to participate in or conduct, studies, surveys, investigations, research, experiments, demonstrations and pilot programs by contract, grant or other means;
5. Collect and disseminate information to the public;
6. Hold hearings and issue subpoenas requiring the attendance of witnesses and the production of evidence, as the Director finds necessary to carry out the provisions of NRS 459.800 to 459.856, inclusive;
7. Exercise all powers necessary to carry out the provisions of NRS 459.800 to 459.856, inclusive; and
8. Delegate to the Division any of the Director’s powers or duties set forth in NRS 459.800 to 459.856, inclusive.
(Added to NRS by 1989, 770)