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2023 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)
2023 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)
2023 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)
2023 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)
2023 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)
2023 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)
2023 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)
2023 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)
2023 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)
2023 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)
2023 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)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.3864 - Creation; appointment of members; appointment of chair and co-chair; resources.

1. When there is an accident or motor vehicle crash which poses a significant danger to public health and safety, or a near accident or motor vehicle crash of this nature, in a facility or a group of facilities, or when the Governor declares that a committee to oversee the management of risks in a facility, or group of facilities, would be in the best interests of the public health and safety, the Governor shall create such a committee for the facility or group of facilities which may represent a catastrophic threat to public health and safety.
2. To the extent practicable, the Governor shall appoint the members of the committee from the membership of the State Emergency Response Commission.
3. The Governor shall appoint to the committee at least three persons who represent the facility or group of facilities which may represent a catastrophic threat to public health and safety.
4. The Governor shall appoint the chair and may appoint a co-chair of the committee from among the members.
5. The Division shall provide to the committee necessary resources such as clerical assistance and funding sufficient for the committee to perform its duties.
(Added to NRS by 1991, 2006; A 2015, 1680)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.3868 - Duties.

1. A committee shall conduct a comprehensive review and evaluation of the following with respect to each facility within its jurisdiction:
(a) The degree of compliance with NRS 459.380 to 459.3874, inclusive, the applicable fire codes, the regulations, standards and safety orders of the Division of Industrial Relations of the Department of Business and Industry, the rules, regulations and standards of the State Environmental Commission and any other standards adopted by the Federal Government, State of Nevada or local governments and their respective agencies for the health and safety of persons and property which may be at risk if those rules, regulations, standards, codes and safety orders are not complied with;
(b) The effectiveness of the respective governmental entities and their agencies’ enforcement of their respective rules, regulations, standards, codes and safety orders; and
(c) The adequacy and effectiveness of the plans for response to emergencies adopted for the area in which the facility is located in responding to risks posed to the persons and property located within the zone of risk.
2. A committee shall exercise its best efforts to facilitate cooperation among the various governmental entities and agencies responsible for minimizing risks to persons and property posed by the facility within its jurisdiction and the effective enforcement of the various governmental entities’ and agencies’ rules, regulations, standards, codes and safety orders. A committee shall cooperate to the extent necessary with other committees and governmental agencies to minimize the duplication of records, reports or other information.
3. A committee shall issue a final report of its comprehensive review and evaluation together with any recommendations. A committee shall make such interim reports as it or the Governor may deem in the public interest. The Division shall distribute the reports to the Governor, members of the committee, local governments within the zone of risk, the various governmental agencies whose rules, regulations, standards, codes or safety orders were the subject of the committee’s review and evaluation, and the local media. Copies of the final written report must be made available to the public for purchase at cost of reproduction. All interim reports must be distributed forthwith in the same manner as annual written reports.
(Added to NRS by 1991, 2007; A 1993, 595, 1634)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.387 - Entry into facility to verify compliance with statutory requirements and regulations; issuance of order.

1. The Division may enter any facility:
(a) During normal business hours; and
(b) At any other time if there is probable cause to believe that a violation of any of the provisions of NRS 459.380 to 459.3874, inclusive, or any regulation adopted pursuant thereto, has occurred,
to verify compliance with the provisions of NRS 459.380 to 459.3874, inclusive, any regulation adopted pursuant thereto and the quality of all work performed pursuant to those sections, except that the owner or operator of a facility need not employ any personnel solely to assure access to the facility by the Division when this access would otherwise be impossible.
2. The State Environmental Commission shall adopt regulations establishing requirements for:
(a) The inspection of a facility; and
(b) The report of a record of inspection.
3. If the Administrator of the Division finds that any person is engaging, is about to engage or has engaged in an act or practice that violates any provision of NRS 459.380 to 459.3874, inclusive, any regulation adopted pursuant thereto, or any term or condition of a permit issued by the Division pursuant to NRS 459.380 to 459.3874, inclusive, the Administrator may issue an order:
(a) Specifying the provision, regulation, term or condition that is alleged to have been violated or which is about to be violated;
(b) Setting forth the facts alleged to constitute the violation;
(c) Prescribing any corrective action that must be taken and a reasonable time within which that action must be taken; and
(d) Requiring the person to whom the order is directed to appear before the Administrator or a hearing officer to show cause why the Division should not commence an action for appropriate relief.
4. If the Administrator finds that the handling of a highly hazardous substance or explosive at a facility presents an imminent and substantial threat to human health or the environment, the Administrator may, after the Division has inspected the site and after the Administrator has had a consultation with the owner or operator of the facility and the owner or operator fails to correct the threat, issue an order requiring the owner or operator of the facility to take necessary steps to prevent the act or eliminate the practice that constitutes the threat.
(Added to NRS by 1991, 1998; A 2003, 1607)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.3872 - Injunctive relief; levy of civil administrative penalty; notice of levy of penalty; request for hearing; payment of penalty.

1. If any person violates any of the provisions of NRS 459.380 to 459.3834, inclusive, or 459.387, or any regulation or order adopted or issued pursuant thereto, the Division may institute a civil action in a court of competent jurisdiction for injunctive or any other appropriate relief to prohibit and prevent the violation and the court may proceed in the action in a summary manner.
2. Except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, a person who violates a provision of NRS 459.380 to 459.3834, inclusive, or 459.387, or any regulation or order adopted pursuant thereto, is liable to a civil administrative penalty as set forth in NRS 459.3874. If the violation is of a continuing nature, each day during which it continues constitutes an additional, separate and distinct offense. No civil administrative penalty may be levied until after notification to the violator by certified mail or personal service. The notice must include a reference to the section of the statute, regulation, order or condition of a permit violated, a concise statement of the facts alleged to constitute the violation, a statement of the amount of the civil penalties to be imposed and a statement of the violator’s right to a hearing. The violator has 20 days after receipt of the notice within which to deliver to the Division a written request for a hearing. After the hearing if requested, and upon a finding that a violation has occurred, the Administrator of the Division may issue a final order and assess the amount of the fine. If no hearing is requested, the notice becomes a final order upon the expiration of the 20-day period. Payment of the penalty is due when a final order is issued or when the notice becomes a final order. The authority to levy a civil administrative penalty is in addition to all other provisions for enforcement of NRS 459.380 to 459.387, inclusive, and the payment of a civil administrative penalty does not affect the availability of any other provision for enforcement in connection with the violation for which the penalty is levied.
(Added to NRS by 1991, 2008; A 1997, 1081; 1999, 1131, 2008; 2003, 1609)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.400 - Purpose.

The purposes of NRS 459.400 to 459.600, inclusive, are to:
1. Protect human health, public safety and the environment from the effects of improper, inadequate or unsound management of hazardous waste;
2. Establish a program for regulation of the storage, generation, transportation, treatment and disposal of hazardous waste; and
3. Ensure safe and adequate management of hazardous waste.
(Added to NRS by 1981, 880)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.405 - Definitions.

As used in NRS 459.400 to 459.600, inclusive, unless the context otherwise requires, the words and terms defined in NRS 459.410 to 459.455, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1981, 880; A 1989, 1489; 1991, 842, 857, 1936; 1999, 1120; 2003, 2114)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.425 - "Disposal" defined.

"Disposal" means the discharge, deposit, injection, dumping, spilling, leaking or placing of any hazardous waste into or on any land or water in a manner which might allow the hazardous waste or any part of it to enter the environment, be emitted into the air or be discharged into any water, including any groundwater.
(Added to NRS by 1981, 880)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.430 - "Hazardous waste" defined.

"Hazardous waste" means any waste or combination of wastes, including, without limitation, solids, semisolids, liquids or contained gases, except household waste, which:
1. Because of its quantity or concentration or its physical, chemical or infectious characteristics may:
(a) Cause or significantly contribute to an increase in mortality or serious irreversible or incapacitating illness; or
(b) Pose a substantial hazard or potential hazard to human health, public safety or the environment when it is given improper treatment, storage, transportation, disposal or other management.
2. Is identified as hazardous by the Department as a result of studies undertaken for the purpose of identifying hazardous wastes.
The term includes, among other wastes, toxins, corrosives, flammable materials, irritants, strong sensitizers and materials which generate pressure by decomposition, heat or otherwise.
(Added to NRS by 1981, 880; A 1999, 1121)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.432 - "Household waste" defined.

"Household waste" means waste material, including, without limitation, garbage, trash and sanitary wastes in septic tanks that is generated by a household, including, without limitation, a single-family or multiple-unit residence, hotel, motel, bunkhouse, ranger station, crew quarters, campground, picnic ground and day-use recreational area. The term does not include nickel, cadmium, mercuric oxide, manganese, zinc-carbon or lead batteries, toxic art supplies, used motor oil, kerosene, solvent-based paint, paint thinner, paint solvents, fluorescent or high-intensity light bulbs, ammunition, fireworks, pesticides the use of which has been prohibited or restricted, or any other waste generated by a household that would otherwise be defined as hazardous waste pursuant to subsection 2 of NRS 459.430.
(Added to NRS by 1999, 1116)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.448 - "Regulated substance" defined.

"Regulated substance" means:
1. Any petroleum substance or chemical regulated by the federal Resource Conservation and Recovery Act of 1976, 42 U.S.C. §§ 6901 et seq., that is contained in a storage tank, except that the term does not include any substance subject to regulation under Subtitle C of that act as hazardous waste; and
2. Any petroleum, including crude oil or any fraction thereof that is liquid at standard condition of temperature and pressure, 60 degrees Fahrenheit and 14.7 pounds per square inch absolute. The term includes, but is not limited to, petroleum and petroleum-based substances comprised of a complex blend of hydrocarbons derived from crude oil through processes of separation, conversion, upgrading and finishing, such as motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, solvents and used oils.
(Added to NRS by 1989, 1489)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.455 - "Treatment" defined.

"Treatment" means a process, including neutralization, which is designed to change the physical, chemical or biological character or composition of hazardous waste so as to neutralize it or render it less hazardous, nonhazardous, safer for transportation, storage and disposal, amenable to recovery of resources from it, or reduce its volume.
(Added to NRS by 1981, 881)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.460 - Applicability and administration of NRS 459.400 to 459.600, inclusive.

1. NRS 459.400 to 459.600, inclusive, do not apply to any activity or substance which is subject to control pursuant to NRS 445A.300 to 445A.955, inclusive, and 459.010 to 459.290, inclusive, except to the extent that they can be applied in a manner which is not inconsistent with those sections.
2. The Director shall administer NRS 459.400 to 459.600, inclusive, in a manner which avoids duplication of the provisions of NRS 445A.300 to 445A.955, inclusive, and 445B.100 to 445B.640, inclusive, and the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. §§ 136 et seq.
(Added to NRS by 1981, 881; A 2003, 2115; 2007, 1910)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.465 - Types of waste subject to NRS 459.400 to 459.600, inclusive.

The following types of waste are subject to the provisions of NRS 459.400 to 459.600, inclusive, only if they are regulated pursuant to the federal Resource Conservation and Recovery Act of 1976, 42 U.S.C. §§ 6901 et seq.:
1. Fly ash, bottom ash, slag and waste removed from flue gas from the combustion of coal or other fossil fuels;
2. Solid waste from extraction, beneficiation and processing of ores and minerals, including phosphate rock and overburden from the mining of uranium ore;
3. Dust from cement kilns; and
4. Drilling fluids and other wastes produced by exploration, development or production of oil, gas or geothermal energy.
(Added to NRS by 1981, 882; A 2003, 2115)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.470 - Department designated as state agency for regulation of hazardous waste.

1. The Department is hereby designated to act as the state agency for the purposes of federal laws and regulations on hazardous waste, except that the Commission has the exclusive power to adopt regulations pursuant to NRS 459.400 to 459.600, inclusive.
2. The Department may take any action necessary and appropriate to secure the benefits of any federal law relating to hazardous waste.
(Added to NRS by 1981, 883)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.475 - Duties of Department.

The Department shall:
1. Except as otherwise provided in NRS 459.480, enforce the Commission’s regulations on hazardous waste;
2. Develop and publish a plan of management of hazardous waste in this State, including among other things, descriptions of:
(a) Sources of hazardous waste, including information on the types and quantities of the waste;
(b) Current practices and costs in the management of hazardous waste, including treatment, storage and disposal; and
(c) The hazards associated with the use by a consumer of a commercial product in a manner contrary to the directions for use, cautions or warnings appearing on the label of the product, if the Department determines that such a description is necessary; and
3. Cooperate with other states to bring about improved management of hazardous waste, encourage the enactment of uniform state laws relating to hazardous waste, and develop compacts between this and other states which are designed to provide for improved management of hazardous waste.
(Added to NRS by 1981, 883; A 1999, 1121)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.480 - Delegation of responsibility for enforcement of NRS 459.400 to 459.600, inclusive.

The Department may delegate responsibility for the enforcement of NRS 459.400 to 459.600, inclusive, or any regulations adopted pursuant to those sections to suitably qualified agencies of the political subdivisions of this State.
(Added to NRS by 1981, 883)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.485 - Duties of Commission.

The Commission shall:
1. Adopt regulations governing systems of hazardous waste management, including the plan for management of hazardous waste in the entire State; and
2. Through the Department:
(a) Advise, consult and cooperate with other agencies of the State, other states, the Federal Government, municipalities and other persons on matters relating to formulation of plans for managing hazardous waste.
(b) Develop a plan for management of hazardous waste in the entire State.
(c) Develop a program to encourage the minimization of hazardous waste and the recycling or reuse of hazardous waste by persons who generate hazardous waste within Nevada. The program may include grants or other financial incentives.
(Added to NRS by 1981, 881; A 1991, 842)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.490 - General requirements for regulations.

Regulations adopted by the Commission pursuant to NRS 459.485 must be based upon studies, guidelines and regulations of the Federal Government and must:
1. Set out mechanisms for determining whether any waste is hazardous;
2. Govern combinations of wastes which are not compatible and may not be stored, treated or disposed of together;
3. Govern generation, storage, treatment and disposal of hazardous waste;
4. Govern operation and maintenance of facilities for the treatment, storage and disposal of hazardous waste, including the qualifications and requirements for ownership, continuity of operation, closure and care after closing;
5. Provide standards for location, design and construction of facilities for treatment, storage and disposal of hazardous waste;
6. Except as otherwise provided in NRS 459.700 to 459.780, inclusive, govern the transportation, packing and labeling of hazardous waste in a manner consistent with regulations issued by the United States Department of Transportation relating to hazardous waste;
7. Provide procedures and requirements for the use of a manifest for each shipment of hazardous waste. The procedures and requirements must be applied equally to those persons who transport hazardous waste generated by others and those who transport hazardous waste which they have generated themselves; and
8. Take into account climatic and geologic variations and other factors relevant to the management of hazardous waste.
(Added to NRS by 1981, 882; A 1987, 1755; 1993, 847)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.500 - Contents of regulations; enforcement of regulations relating to transportation and handling of hazardous waste.

1. Except as otherwise provided in NRS 459.700 to 459.780, inclusive, or 459.800 to 459.856, inclusive:
(a) Regulations of the Commission must provide:
(1) For safety in the packaging, handling, transportation and disposal of hazardous waste;
(2) For the certification of consultants involved in consultation regarding the response to and the clean up of leaks of hazardous waste, hazardous material or a regulated substance from underground storage tanks, the clean up of spills of or accidents or motor vehicle crashes involving hazardous waste, hazardous material or a regulated substance, or the management of hazardous waste;
(3) That a person employed full-time by a business to act as such a consultant is exempt from the requirements of certification if the person:
(I) Meets the applicable requirements of 29 C.F.R. § 1910.120 to manage such waste, materials or substances; and
(II) Is acting in the course of that full-time employment; and
(4) For the certification of laboratories that perform analyses for the purposes of NRS 459.400 to 459.600, inclusive, 459.610 to 459.658, inclusive, and 459.800 to 459.856, inclusive, to identify whether waste is hazardous waste or to detect the presence of hazardous waste or a regulated substance in soil or water.
(b) Regulations of the Commission may:
(1) Provide for the licensing and other necessary regulation of generators, including shippers and brokers, who cause that waste to be transported into or through Nevada or for disposal in Nevada;
(2) Require that the person responsible for a spill, leak, accident or motor vehicle crash involving hazardous waste, hazardous material or a regulated substance, obtain advice on the proper handling of the spill, leak, accident or motor vehicle crash from a consultant certified under the regulations adopted pursuant to paragraph (a); and
(3) Establish standards relating to the education, experience, performance and financial responsibility required for the certification of consultants.
2. The regulations may include provisions for:
(a) Fees to pay the cost of inspection, certification and other regulation, excluding any activities conducted pursuant to NRS 459.7052 to 459.728, inclusive; and
(b) Administrative penalties of not more than $2,500 per violation or $10,000 per shipment for violations by persons licensed by the Department, and the criminal prosecution of violations of its regulations by persons who are not licensed by the Department.
3. Designated employees of the Department and the Nevada Highway Patrol Division shall enforce the regulations of the Commission relating to the transport and handling of hazardous waste and the leakage or spill of that waste from packages.
(Added to NRS by 1981, 882; A 1985, 1990; 1987, 1755; 1989, 1489; 1993, 847; 1997, 2002; 1999, 3349; 2001, 899; 2003, 2115; 2015, 1680)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.501 - Certification of laboratory required for performance of analysis to detect presence of hazardous waste or regulated substance in soil or water for certain purposes; exception.

1. Except as otherwise provided in subsection 2, any analysis performed to detect the presence of hazardous waste or a regulated substance in soil or water as required for the purposes of NRS 459.400 to 459.600, inclusive, 459.610 to 459.658, inclusive, or 459.800 to 459.856, inclusive, must be performed by a laboratory certified pursuant to the regulations adopted pursuant to NRS 459.500.
2. The provisions of subsection 1 do not apply to an analysis of waste that is managed by a facility for the management of hazardous waste.
(Added to NRS by 2003, 2114)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.502 - Certification of laboratory required for performance of analysis for person who generates waste to determine whether waste is hazardous.

Any analysis performed for a person who generates waste to identify whether that waste is hazardous as required for the purposes of NRS 459.400 to 459.600, inclusive, must be performed by a laboratory certified pursuant to the regulations adopted pursuant to NRS 459.500.
(Added to NRS by 2003, 2114)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.505 - Agreements to provide state land for areas for disposal of hazardous waste.

1. The Director may enter into agreements relating to state land for the purpose of providing areas to dispose of hazardous waste and for related purposes.
2. No agreement may extend for more than 99 years.
3. All land used as provided in subsection 1 must be closed to the public, in a manner which the Director shall prescribe, during the term of the lease or agreement and thereafter until all danger to public health arising from that use no longer exists.
4. Regulations adopted by the Commission for the control of disposal sites immediately become part of each agreement entered into pursuant to subsection 1.
(Added to NRS by 1981, 887)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.510 - Fees for use of areas for disposal owned by State: Amount; payment; waiver; collection of interest; penalties.

The Commission may establish by regulation:
1. License fees and any other fees for the use of state-owned disposal areas for hazardous wastes, in an amount sufficient to defray all costs of monitoring, securing or otherwise regulating the storage or disposal of hazardous wastes. The fee for use of a disposal area must not be less than 25 cents per cubic foot of material placed in the area. The person who contracts with the State for the use of a disposal area is responsible for the payment of these fees. The Commission may authorize the Department to waive all or part of the fees collected pursuant to this section for wastes generated:
(a) By agencies of the State of Nevada.
(b) In compliance with an order by the Department to clean up a spill or deposit.
2. Procedures for the collection of interest on delinquent fees and other accounts for the use of disposal areas.
3. Penalties of no more than $3,000 per day for each separate failure to comply with a license or agreement or $25,000 for any 30-day period for all failures to comply.
(Added to NRS by 1981, 887; A 1991, 843)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.512 - Payment of additional fees by facility for management of hazardous waste for training emergency personnel and ensuring safety of shipment of hazardous materials; penalty for late payment.

1. The owner or operator of a facility for the management of hazardous waste shall, in addition to any other applicable fees, pay to the Department to offset partially the cost incurred by the State Fire Marshal for training emergency personnel who respond to the scene of accidents or motor vehicle crashes involving hazardous materials a fee of $4.50 per ton of the volume received for the disposal of hazardous waste by the facility.
2. The owner or operator of a facility for the management of hazardous waste shall, in addition to any other applicable fees, pay to the Department to offset partially the cost incurred by the Public Utilities Commission of Nevada for inspecting and otherwise ensuring the safety of any shipment of hazardous materials transported by rail car through or within this State a fee of $1.50 per ton of the volume received for the disposal of hazardous waste by the facility.
3. The operator of such a facility shall pay the fees provided in this section, based upon the volume of hazardous waste received by the facility during each quarter of the calendar year, within 30 days after the end of each quarter. The Department may assess and collect a penalty of 2 percent of the unpaid balance for each month, or portion thereof, that the fee remains due.
(Added to NRS by 1991, 842; A 1997, 2003; 2015, 1681)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.515 - Construction, alteration or operation of facility without permit unlawful; exception.

1. It is unlawful for any person to:
(a) Construct, substantially alter or operate any facility for the treatment, storage or disposal of hazardous waste; or
(b) Treat, store or dispose of any hazardous waste,
unless the person has first obtained a permit from the Department to do so.
2. A person who:
(a) Conducts an activity for which a permit is required pursuant to this section, and is doing so on the effective date of the regulations establishing procedures for the system of permits; and
(b) Has made an application for a permit,
shall be deemed to have been issued a permit until his or her application has been acted upon, unless a delay in that action was caused by the person’s failure to furnish information which was reasonably requested or required for the processing of the application.
3. The Commission may require a person who is conducting an activity pursuant to subsection 2 to comply with requirements which it has specified by regulation before a permit is issued.
(Added to NRS by 1981, 883)