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2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.520 - Regulations governing permits.

1. The Commission shall adopt regulations for the granting, renewal, modification, suspension, revocation and denial of permits.
2. If the local government within whose territory a facility for the treatment, storage or disposal of hazardous waste is to be located requires that a special use permit or other authorization be obtained for such a facility or activity, the application to the Department for a permit to operate such a facility must show that local authorization has been obtained. This requirement does not apply to an application for a permit to construct a utility facility that is subject to the provisions of NRS 704.820 to 704.900, inclusive.
3. Permits may contain terms and conditions which the Department considers necessary and which conform to the provisions of regulations adopted by the Commission.
4. Permits may be issued for any period of not more than 10 years.
5. A permit may not be granted or renewed if the Director determines that granting or renewing the permit is inconsistent with any regulation of the Commission relating to hazardous waste or with the plan for management of hazardous waste developed pursuant to NRS 459.485. The provisions of this subsection do not apply to a permit granted or under review before July 1, 1987.
6. The Department may suspend or revoke a permit pursuant to the Commission’s regulations if the holder of the permit fails or refuses to comply with the terms of the permit or a regulation of the Commission relating to hazardous waste.
7. A permit may not be granted, renewed or modified for a facility for the disposal of hazardous waste that proposes to construct or operate a landfill unless the Director determines that the landfill is or will be constructed to include at least one liner and a leachate collection and removal system designed to prevent the migration of waste or leachate to the adjacent subsurface soils, groundwater and surface water.
8. As used in this section:
(a) "Landfill" means a disposal facility or part of a facility where hazardous waste is placed in or on land and which is not a pile, a land-treatment facility, a surface impoundment, an underground-injection well, a salt-dome formation, a salt-bed formation, an underground mine or a cave.
(b) "Leachate" means any liquid, including any suspended components in the liquid, that has percolated through or drained from a landfill.
(c) "Leachate collection and removal system" means a layer of granular or synthetic materials installed above a liner and operated in conjunction with drains, pipes, sumps and pumps or other means designed to collect and remove leachate from a landfill.
(d) "Liner" means a continuous layer of artificially created material installed beneath and on the sides of a landfill which restricts the downward or lateral escape of hazardous waste, hazardous waste constituents or leachate, and prevents the migration of waste to the adjacent subsurface soils, groundwater and surface water.
(Added to NRS by 1981, 884; A 1985, 903; 1987, 1482; 2001, 2990; 2005, 1504; 2019, 1532)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.525 - Financial responsibility of owner or operator of facility; claim against insurer, guarantor, surety or other person providing evidence of financial responsibility.

1. The Commission shall adopt regulations requiring that the owner or operator of any facility for the treatment, storage or disposal of hazardous waste show his or her financial responsibility for the undertaking by providing:
(a) Evidence that the owner or operator has a policy of liability insurance in an amount which the Department has determined is necessary for the protection of human health, public safety and the environment;
(b) Evidence of security, in a form and amount which the Department deems necessary, to ensure that at the time of any abandonment, cessation or interruption of the service provided by the facility, and thereafter, all appropriate measures will be taken to prevent damage to human health, public safety and the environment; and
(c) Any other evidence of financial responsibility which the Commission finds necessary for those purposes.
2. Requirements established pursuant to this section may not exceed those requirements for financial responsibility established pursuant to the Resource Conservation and Recovery Act of 1976, 42 U.S.C. §§ 6901 et seq.
3. Any claim arising from conduct for which evidence of financial responsibility is required may be asserted directly against the insurer, guarantor, surety or other person providing such evidence if the owner or operator:
(a) Has filed a petition in bankruptcy, or is the object of an involuntary petition;
(b) Cannot respond in damages in the event a judgment is entered against the owner or operator; or
(c) Is not subject to the personal jurisdiction of any court of this or any other state, or of the United States, or cannot, with due diligence, be served with process.
4. If a claim is asserted directly against a person providing evidence of financial responsibility, that person may assert any right or defense which:
(a) The person might have asserted in any action against him or her by the owner or operator; or
(b) The owner or operator might have asserted, had the claim been made against him or her.
(Added to NRS by 1981, 884; A 1987, 1482)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.530 - Account for Management of Hazardous Waste: Creation; source; separate accounting for certain fees collected.

1. All proceeds from agreements entered into pursuant to NRS 459.505, all application fees collected pursuant to NRS 459.634, all reimbursements and penalties recovered pursuant to NRS 459.537, and all fees collected and all civil penalties imposed pursuant to NRS 459.400 to 459.658, inclusive, must be deposited with the State Treasurer for credit to the Account for the Management of Hazardous Waste, which is hereby created in the State General Fund. All interest earned on the money in the Account must be credited to the Account. The money in the Account must be paid as other claims against the State are paid.
2. The State Treasurer shall account separately for each of the fees collected pursuant to NRS 459.512.
(Added to NRS by 1981, 884; A 1985, 904; 1991, 843, 1771; 1993, 839; 1999, 2695; 2003, 346)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.535 - Account for Management of Hazardous Waste: Use.

1. Except as otherwise provided in NRS 459.537 and subsection 2 of this section, the money in the Account for the Management of Hazardous Waste may be expended only to pay the costs of:
(a) The continuing observation or other management of hazardous waste;
(b) Establishing and maintaining a program of certification of consultants involved in the clean up of leaks of hazardous waste, hazardous material or a regulated substance from underground storage tanks or the clean up of spills of or accidents or motor vehicle crashes involving hazardous waste, hazardous material or a regulated substance;
(c) Training persons to respond to accidents, motor vehicle crashes or other emergencies related to hazardous materials, including any basic training by the State Fire Marshal which is necessary to prepare personnel for advanced training related to hazardous materials;
(d) Establishing and maintaining a program by the Public Utilities Commission of Nevada to inspect and otherwise ensure the safety of any shipment of hazardous materials transported by rail car through or within the State; and
(e) Financial incentives and grants made in furtherance of the program developed pursuant to paragraph (c) of subsection 2 of NRS 459.485 for the minimization, recycling and reuse of hazardous waste.
2. Money in the Account for the Management of Hazardous Waste may be expended to provide matching money required as a condition of any federal grant for the purposes of NRS 459.800 to 459.856, inclusive, or for any other purpose authorized by the Legislature.
(Added to NRS by 1985, 903; A 1989, 775, 1490, 1491; 1991, 843, 1772; 1993, 839; 1997, 2003; 2010, 26th Special Session, 19; 2015, 1681)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.540 - Condition in permit specifying time allowed for completion of modification.

When the Department receives an application for a permit to carry out modifications to an existing facility or finds that modifications are necessary to enable the owner or operator of a new facility to comply with the requirements of NRS 459.400 to 459.600, inclusive, it may include a condition in the permit specifying the time which will be allowed to complete the modifications.
(Added to NRS by 1981, 885)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.545 - Substitution of equivalent standards of protection.

1. Except as otherwise provided in subsection 3, the Commission may by regulation adopt a procedure under which an applicant or holder of a permit may demonstrate that a standard he or she proposes would offer protection of human health, public safety and the environment which is equivalent to a standard of the Commission.
2. Except as otherwise provided in subsection 3, the Commission may specify certain standards which may be considered for substitution pursuant to this section.
3. The Commission may not by regulation adopt a procedure or specify a standard which would allow a facility for the disposal of hazardous waste to construct or operate a landfill in a manner that fails to comply with the requirements of subsection 7 of NRS 459.520.
(Added to NRS by 1981, 885; A 2005, 1505)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.546 - Variances: Conditions and criteria for granting; revocation.

1. Except as otherwise provided in subsection 4, the owner or operator of a facility for the treatment, storage or disposal of hazardous waste or a person who wishes to construct such a facility may apply to the Commission for a variance from its applicable regulations. The Commission may grant a variance only if, after a public hearing on due notice, it finds from a preponderance of the evidence that:
(a) The facility or proposed facility, under the worst adverse conditions, does not or will not endanger or tend to endanger the environment and human health or safety; and
(b) Compliance with the regulations would produce serious hardship without equal or greater benefits to the environment or public.
2. The Commission shall not grant a variance unless it has considered in the following order of priority the interests of:
(a) The public;
(b) Other owners of property likely to be affected by the emissions or discharge; and
(c) The applicant.
3. The Commission may:
(a) Upon granting a variance, impose certain conditions upon the applicant; or
(b) Revoke the variance if the applicant fails to comply with those conditions.
4. The Commission shall not grant a variance from its applicable regulations that would allow a facility for the disposal of hazardous waste to construct or operate a landfill in a manner that fails to comply with the requirements of subsection 7 of NRS 459.520.
(Added to NRS by 1989, 1455; A 2005, 1505)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.547 - Variances: Renewal; protest and hearing on application for renewal.

1. A variance may be renewed only under circumstances and upon conditions which would justify its original granting.
2. An application for a renewal of a variance must be made at least 60 days before the expiration of the variance. The Commission shall give public notice of the application.
3. If a protest is filed with the Commission against the renewal, the Commission shall hold a public hearing and shall not renew the variance unless it makes specific, written findings of fact which justify the renewal.
(Added to NRS by 1989, 1456)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.548 - Variances: Regulations governing applications; fees.

1. The Commission may adopt regulations governing applications for variances.
2. The regulations may include, but are not limited to:
(a) The contents of the application; and
(b) The period for which a variance may be granted.
3. The Commission may establish such fees as are necessary to cover the costs of reviewing and processing an application.
(Added to NRS by 1989, 1456)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.550 - Records and reports.

1. The Commission shall adopt regulations which require licensees to keep records and submit reports on hazardous waste and which prescribe procedures for:
(a) Installing, calibrating, using and maintaining monitoring equipment or other methods for obtaining data on hazardous wastes;
(b) Taking samples and performing tests and analyses;
(c) Establishing and maintaining suitable records; and
(d) Making reports to the Department.
2. It is unlawful for any person to generate, store, transport, treat or dispose of hazardous waste without reporting each activity to the Department in accordance with regulations adopted by the Commission.
(Added to NRS by 1981, 885)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.555 - Disclosure of public and confidential information.

1. Except as otherwise provided in this section, information which the Department obtains in the course of the performance of its duties relating to hazardous waste is public information.
2. Except as otherwise provided in NRS 239.0115, any information which specifically relates to the trade secrets of any person, including any processes, operations, style of work or apparatus, is confidential whenever it is established to the satisfaction of the Director that the information is entitled to protection as a trade secret. In determining whether the information is entitled to protection, the Director shall consider, among other things, whether the disclosure of that information would tend to affect adversely the competitive position of the information’s owner.
3. Any information which is confidential under subsection 2 may be disclosed to any officer, employee or authorized representative of this State or the United States if:
(a) He or she is engaged in carrying out the provisions of NRS 459.400 to 459.600, inclusive, or the provisions of federal law relating to hazardous waste; or
(b) The information is relevant in any judicial proceeding or adversary administrative proceeding under NRS 459.400 to 459.600, inclusive, or under the provisions of federal law relating to hazardous waste, and is admissible under the rules of evidence.
4. The Commission shall adopt regulations concerning the availability of information which satisfy the criteria established by the Federal Government for delegation to the state of federal programs concerning the management of, and the enforcement of laws relating to, hazardous waste.
(Added to NRS by 1981, 885; A 1983, 1121; 1985, 904; 1991, 908; 2007, 2113)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.558 - Applicability of NRS 459.560 and 459.565.

1. The provisions of NRS 459.560 and 459.565 that concern hazardous substances do not apply:
(a) In a county whose population is less than 55,000;
(b) To mining or agricultural activities; or
(c) To other facilities or locations where the quantity of any one hazardous substance at any one facility or location does not exceed 1,000 kilograms at any time.
2. All other provisions of NRS 459.560 and 459.565, including the provisions concerning hazardous waste, apply to all counties and all industries without regard to volume.
(Added to NRS by 1991, 857; A 2001, 1992; 2011, 1279)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.560 - Inspections.

Any authorized representative or employee of the Commission or the Department may, for the purpose of carrying out his or her duties pursuant to NRS 459.400 to 459.600, inclusive, or to enforce a regulation adopted pursuant to those sections:
1. Enter any place where waste or a substance which the Department has reason to believe may be hazardous waste or a hazardous substance is or may have been generated, stored, transported, treated, disposed of or otherwise handled;
2. Inspect and obtain samples of any waste or substance which the Department has reason to believe may be hazardous waste or a hazardous substance, including samples from any vehicle in which waste or substance is being transported, and samples of containers and labels; and
3. Inspect and copy any records, reports, information or test results relating to the management of hazardous wastes or hazardous substances.
(Added to NRS by 1981, 885; A 1991, 858)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.565 - Action to prevent practice or act which constitutes hazard to human health, public safety or environment.

1. If the Department receives information that the handling, storage, transportation, treatment or disposal of any waste or hazardous substance may present an imminent and substantial hazard to human health, public safety or the environment, it may:
(a) Issue an order directing the owner or operator of the facility for treatment, storage or disposal of the waste or the owner or operator of any site where the treatment, storage or disposal of a hazardous substance has occurred or may occur or any other person who has custody of the waste or hazardous substance to take necessary steps to prevent the act or eliminate the practice which constitutes the hazard.
(b) Order a site assessment to be conducted and a remediation plan to be developed pursuant to regulations adopted by the Commission.
(c) Assess costs and expenses incurred by the Department in carrying out the provisions of this section or in removing, correcting or terminating any hazard to human health, public safety or the environment pursuant to regulations adopted by the Commission.
(d) Request that the Attorney General commence an action to enjoin the practices or acts which constitute the hazard.
(e) Take any other action designed to reduce or eliminate the hazard.
2. The Department may perform inspections pursuant to NRS 459.560 and issue an order directing the owner or operator of the facility for treatment, storage or disposal of waste or the owner or operator of any site where the treatment, storage or disposal of a hazardous substance has occurred or may occur or any other person who has custody of the waste or hazardous substance to take any necessary steps to prevent any act or eliminate any practice or effect which could constitute a hazard to human health, public safety or the environment.
(Added to NRS by 1981, 885; A 1991, 858)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.570 - Order to prevent act or practice which violates NRS 459.400 to 459.560, inclusive.

Whenever the Director finds that any person is engaging or has engaged in any act or practice which violates any provision of NRS 459.400 to 459.560, inclusive, or a regulation adopted pursuant to those sections or any term or condition of a permit issued by the Department, the Director may issue an order:
1. Specifying the provision which is alleged to have been violated or which is about to be violated;
2. Setting forth the facts alleged to constitute the violation;
3. Prescribing any corrective action which must be taken and a reasonable time within which it must be taken; and
4. Requiring the person to whom the order is directed to appear before the Director or a hearing officer appointed by the Director to show cause why the Department should not commence an action against the person in district court for appropriate relief.
(Added to NRS by 1981, 886)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.575 - Subpoenas.

In carrying out the provisions of NRS 459.400 to 459.560, inclusive, the Commission, the Department and the Attorney General may by subpoena require the attendance and testimony of witnesses and the production of reports, papers, documents and other evidence which they deem necessary.
(Added to NRS by 1981, 886; A 1993, 840)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.580 - Injunctive relief.

1. The Director may seek an injunction in district court to prevent the occurrence or continuance of any act or practice which violates any provision of NRS 459.400 to 459.560, inclusive, or any regulation adopted or permit or order issued pursuant to those sections.
2. If the Director shows that a person is or has engaged in any act or practice which violates NRS 459.400 to 459.560, inclusive, or any regulation adopted or permit or order issued pursuant to those sections, the court may issue, without bond any prohibitory or mandatory injunction which the facts warrant, including a temporary restraining order or a preliminary or permanent injunction. A temporary restraining order may be granted only if the Director has attempted to notify the defendant of the Director’s intention to seek it before the beginning of the hearing.
3. The court may not deny a temporary restraining order or an injunction because the Director has failed to show that there is no adequate remedy at law or because the Director has not shown that irreparable harm will result from the act or practice which is the subject of the action.
4. The court may require a performance bond or other security by the respondent to ensure the compliance of the respondent with the order.
(Added to NRS by 1981, 886)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.585 - Civil penalties; damages; injunction.

1. Any person who violates or contributes to a violation of any provision of NRS 459.400 to 459.560, inclusive, 459.590 or of any regulation adopted or permit or order issued pursuant to those sections, or who does not take action to correct a violation within the time specified in an order, is liable to the Department for a civil penalty of not more than $25,000 for each day on which the violation occurs. This penalty is in addition to any other penalty provided by NRS 459.400 to 459.600, inclusive.
2. The Department may recover, in the name of the State of Nevada, actual damages which result from a violation, in addition to the civil penalty provided in this section. The damages may include expenses incurred by the Department in removing, correcting or terminating any adverse effects which resulted from the violation and compensation for any fish, aquatic life or other wildlife destroyed as a result of the violation.
3. In addition to any other remedy provided by this chapter, the Department may compel compliance with any provision of NRS 459.400 to 459.560, inclusive, 459.590 or of any regulation adopted or permit or order issued pursuant to those sections, by injunction or other appropriate remedy. The Department may institute and maintain in the name of the State of Nevada any such enforcement proceedings.
(Added to NRS by 1981, 886; A 1989, 1482; 1991, 829; 2019, 3979)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.590 - Unlawful transportation of hazardous waste.

It is unlawful for any person to transport hazardous waste:
1. Without a manifest that complies with regulations adopted by the Commission;
2. That does not conform to the description of the waste specified in the manifest;
3. In a manner that does not conform to the manner of shipment described in the manifest; or
4. To a facility that has not been issued a permit to treat, store or dispose of the hazardous waste described in the manifest.
(Added to NRS by 1985, 903)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.595 - False statement, representation or certification; tampering with device.

Any person who:
1. Knowingly makes any false statement, representation or certification on any application, record, report, manifest, plan or other document filed or required to be maintained by any provision of NRS 459.400 to 459.560, inclusive, NRS 459.590 or by any regulation adopted or permit or order issued pursuant to those sections; or
2. Falsifies, tampers with or knowingly renders inaccurate any device or method for continuing observation required by a provision of NRS 459.400 to 459.560, inclusive, or by any regulation adopted or permit or order issued pursuant to those sections,
is guilty of a gross misdemeanor and shall be punished by imprisonment in the county jail for not more than 364 days, or by a fine of not more than $25,000, or by both fine and imprisonment. Each day the false document remains uncorrected or a device or method described in subsection 2 remains inaccurate constitutes a separate violation of this section for purposes of determining the maximum fine.
(Added to NRS by 1981, 887; A 1985, 904; 1991, 830; 2013, 988)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.600 - Operation without permit or in violation of condition of permit or order; disposal or discharge of hazardous waste in unauthorized manner; penalty.

A person who, intentionally or with criminal negligence:
1. Violates NRS 459.590, subsection 1 of NRS 459.515 or any term or condition of a permit issued pursuant to NRS 459.520;
2. Violates an order issued by the Department relating to hazardous waste, if:
(a) The violation threatens or harms the environment or the personal safety of other persons; and
(b) The person has not made a good faith effort to comply with the order; or
3. Disposes of or discharges hazardous waste in any manner not authorized by the provisions of this chapter or regulations adopted thereunder,
is guilty of a category D felony and shall be punished as provided in NRS 193.130, or by a fine of not more than $50,000 for each day of the violation, or by both fine and the punishment provided in NRS 193.130.
(Added to NRS by 1981, 887; A 1983, 1122; 1985, 905; 1991, 830; 1995, 1294)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.610 - Definitions.

As used in NRS 459.610 to 459.658, inclusive, unless the context otherwise requires, the words and terms defined in NRS 459.612 to 459.630, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1999, 2689)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.618 - "Eligible property" defined.

"Eligible property" means real property located in this State that:
1. Except as otherwise provided in NRS 459.632, is not:
(a) Listed, proposed for listing or eligible for listing on the National Priorities List contained in Appendix B of Part 300 of Title 40 of the Code of Federal Regulations; and
(b) Owned, managed or controlled by a person or governmental entity subject to a pending investigation or ongoing enforcement action of the Federal Government pursuant to the federal Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq., or the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §§ 9601 et seq.;
2. Is not owned, managed or controlled by a person or governmental entity subject to a pending investigation or ongoing enforcement action of the Division with respect to that real property; and
3. Contains the site or probable site of a release of a hazardous substance.
(Added to NRS by 1999, 2689)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.620 - "Hazardous substance" defined.

"Hazardous substance" means a substance or combination of substances whose presence gives rise to liability or potential liability on the part of an owner or operator pursuant to NRS 459.537 or 42 U.S.C. § 9607(a).
(Added to NRS by 1999, 2689)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.626 - "Prospective purchaser" defined.

"Prospective purchaser" means a person who is not a responsible party and who has entered into a contract, or holds an option, to purchase an eligible property for its fair market value in a transaction at arm’s length.
(Added to NRS by 1999, 2689)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.630 - "Responsible party" defined.

"Responsible party" means:
1. A current or former owner or operator of a site or facility who caused or contributed to the release of a hazardous substance at the site or facility; and
2. A generator or transporter of a hazardous substance who caused or contributed to the release of the hazardous substance at a site or facility.
(Added to NRS by 1999, 2690)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.632 - Certain real property deemed to be eligible property.

Real property located in this State that is listed, proposed for listing or eligible for listing on the National Priorities List contained in Appendix B of Part 300 of Title 40 of the Code of Federal Regulations or that is owned, managed or controlled by a person or governmental entity subject to a pending investigation or ongoing enforcement action by the Federal Government pursuant to the federal Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq., or the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §§ 9601 et seq., shall be deemed to be eligible property if:
1. The property satisfies the elements of the definition of eligible property set forth in subsections 2 and 3 of NRS 459.618; and
2. The reason for which the property was listed or is proposed or eligible for listing on the National Priorities List or for the investigation or enforcement action by the Federal Government is unrelated to the hazardous substance that a participant intends to remove from or remediate on the property pursuant to a remedial agreement submitted pursuant to NRS 459.636.
(Added to NRS by 1999, 2690)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.634 - Application for participation in program; action by Administrator on application.

1. A responsible party with respect to an eligible property, or a prospective purchaser of an eligible property may apply to participate in the program. The application must be made to the Administrator in writing and must include:
(a) An environmental assessment of the property, including the source, nature and location of all hazardous substances known to, or reasonably believed by, the applicant to be located on the property;
(b) A proposed general plan for removal or remediation on the property; and
(c) The application fee and any other information required pursuant to the regulations adopted by the Commission pursuant to NRS 459.656.
2. The Administrator shall approve or deny an application made pursuant to subsection 1 within 60 days after its submission, unless for good cause the Administrator extends the period for not more than an additional 30 days. Notice of an extension must be delivered to the applicant before the expiration of the original period for processing the application.
3. If the Administrator denies an application, the Administrator shall deliver to the applicant, within 30 days after the denial, a written explanation of the reasons for denial.
(Added to NRS by 1999, 2690)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.636 - Submission of remedial agreement for approval; prerequisites to approval; explanation of disapproval.

1. After an application is approved, the participant shall submit a remedial agreement to the Administrator for the Administrator’s approval.
2. The Administrator shall approve a remedial agreement only if:
(a) The agreement:
(1) Provides for the recovery by the Division of all direct and indirect costs, in excess of the application fee, of overseeing and supervising the removal or remediation of the hazardous substance or substances on the property;
(2) Specifies the substance to be removed from or remediated on the property, the actions to be taken and the standards to be met with respect to removal or remediation, and the uses for which the property will not be suitable after the removal or remediation is carried out; and
(3) Includes a grant to the Administrator of an irrevocable easement or right of entry onto the property to oversee and observe the work during and after the removal or remediation;
(b) The removal or remediation of the hazardous substance or substances will:
(1) Restore the property to the condition to which it would be restored if the Division caused action to be taken pursuant to NRS 459.537;
(2) Not cause, contribute to or worsen any release or threatened release of a hazardous substance on the property;
(3) Adequately protect human health and the environment; and
(4) Comply with any applicable regulations adopted by the Commission pursuant to NRS 459.656; and
(c) The participant is financially capable of undertaking the removal or remediation of the hazardous substance or substances.
3. If the participant is not the owner of the property, the Administrator shall not approve a remedial agreement unless the owner first agrees to the terms of the agreement.
4. Before approving a remedial agreement, the Administrator shall:
(a) Publish a notice and brief summary of the agreement in a newspaper of general circulation in the county where the property is located;
(b) Make reasonable efforts to provide personal notice to all responsible parties known to the Administrator and to all owners and residents of property within 500 yards of the outer boundary of the property on which the work is to be performed;
(c) Provide 30 days for the submission of written comments; and
(d) Hold a public hearing in the county where the property is located.
5. If the Administrator disapproves a proposed remedial agreement, the Administrator shall deliver to the participant, within 30 days after the disapproval, a written explanation of the reasons for the disapproval.
(Added to NRS by 1999, 2690)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.638 - Certification of completion of remedial agreement; issuance, contents and recordation of certificate of completion; explanation of failure to issue certificate.

1. After a participant has completed the action specified in his or her remedial agreement for the removal or remediation of hazardous substances, the participant shall certify to the Administrator that the action has been completed according to the agreement. After the Administrator has verified the certification, the Administrator shall issue the participant a certificate of completion.
2. A certificate of completion must:
(a) Contain the name of the participant and of any other person relieved from liability by the certificate and the legal description of the property to which it relates;
(b) Summarize the nature of the removal or remediation performed on the property, and the nature of the relief provided by NRS 459.610 to 459.658, inclusive; and
(c) Be recorded by the Administrator in the office of the county recorder of the county where the real property is located, and indexed to show its relation to that real property.
3. If the Administrator does not issue a certificate of completion after receiving the participant’s certification that the work has been completed, the Administrator shall deliver to the participant, within 30 days after receipt of the certificate, a written explanation of the reasons why the certificate was not issued.
(Added to NRS by 1999, 2691)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.640 - Effect of certificate of completion: Relief from liability.

1. Except as otherwise provided in NRS 459.642, the holder of a certificate of completion issued by the Administrator is not a responsible party with respect to a release of a hazardous substance occurring on the property to which the certificate relates before the certificate was issued. The State may not maintain an action pursuant to federal law or NRS 459.537 to recover costs from the holder with respect to such a release.
2. The relief from liability provided by a certificate of completion remains effective despite a subsequent change in state or federal law.
(Added to NRS by 1999, 2692)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.642 - Effect of certificate of completion: Limitations on relief from liability.

The holder of a certificate of completion is not released from liability:
1. If the holder obtained approval of his or her application, approval of his or her remedial agreement or issuance of the certificate by means of fraud, misrepresentation or a knowing failure to disclose material information;
2. If the existence of the hazardous substance on the property was not disclosed in his or her remedial agreement, whether or not the holder knew or should have known of its existence;
3. With respect to a release of a hazardous substance caused by the holder or his or her agent, unless the release is remedied before the certificate of completion is issued and is included in the certificate of completion;
4. In a criminal prosecution or an action for damage to a natural resource;
5. In an action for nuisance at common law, for trespass or for the conduct of an abnormally dangerous activity;
6. With respect to a use of the property for which the property is no longer suitable after the removal or remediation has been carried out, as identified pursuant to subparagraph (2) of paragraph (a) of subsection 2 of NRS 459.636; or
7. For a release of any hazardous substance not specified in the remedial agreement.
(Added to NRS by 1999, 2692)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.644 - Effect of certificate of completion: Applicability to persons other than original holder.

1. The relief from liability provided by NRS 459.640 extends to another person who:
(a) Purchases or leases the property to which the certificate of completion relates; or
(b) Acquires, merges with or purchases substantially all of the assets of the holder of the certificate,
after the certificate is issued, if the other person is not otherwise a responsible party. The other person is subject to any duties of the original holder of the certificate under the remedial agreement or the certificate.
2. The relief provided to a subsequent owner or lessee continues even if it is determined that the original holder of the certificate is not released from liability because of a provision of NRS 459.642 if:
(a) The subsequent owner or lessee purchased or leased the property in good faith for its fair market value; and
(b) The actions of the original holder of the certificate cannot be attributed to the subsequent owner or lessee under a provision of law other than this chapter.
3. If the original holder of a certificate of completion is a prospective purchaser, the relief from liability provided by NRS 459.640 extends to the person from whom he or she purchases the property if:
(a) The seller and purchaser so agree;
(b) The seller bears the expense of removal or remediation performed on the property, directly or indirectly;
(c) The seller is a responsible party only because of his or her ownership of the property; and
(d) The Administrator approves the extension of relief and incorporates it into the certificate of completion.
(Added to NRS by 1999, 2692)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.646 - Limitations on liability of lenders and persons with security interest in property.

1. A person who, without participating in the management of a parcel of real property, holds or is the beneficiary of evidence of title to the property primarily to protect a security interest in the property is not a responsible party with respect to a release of a hazardous substance on the property if:
(a) The owner of the property is relieved from liability under NRS 459.610 to 459.658, inclusive, with respect to the release;
(b) The owner or holder of evidence of title did not cause the release; and
(c) The owner or holder of evidence of title does not participate actively in decisions concerning hazardous substances on the property.
2. A lender to a prospective purchaser who has filed an application to participate in the program pursuant to NRS 459.634 or a lender who forecloses his or her security interest in property pursuant to NRS 40.430 to 40.450, inclusive, or 107.080 to 107.140, inclusive, and within a reasonable period after the foreclosure, not to exceed 2 years, sells, transfers or conveys the property to a prospective purchaser who has filed an application to participate in the program pursuant to NRS 459.634 is not a responsible party solely as a result of:
(a) Foreclosing a security interest in the property; or
(b) Making a loan to the prospective purchaser if the loan:
(1) Is to be used for acquiring property or removing or remediating hazardous substances on property; and
(2) Is secured by the property that is to be acquired or on which is located the hazardous substances that are to be removed or remediated.
(Added to NRS by 1999, 2693; A 2009, 1759)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.648 - Limitations on liability of prospective purchasers.

A prospective purchaser is not a responsible party solely as the result of:
1. Conducting an environmental assessment of real property;
2. Contracting to purchase, or acquiring an option to purchase, real property;
3. Applying to participate in a program; or
4. Conducting or supervising removal or remediation of a hazardous substance or substances, while exercising reasonable care, pursuant to an approved remedial agreement.
(Added to NRS by 1999, 2694)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.650 - Action against responsible party by holder of certificate of completion or seller of property.

1. The holder of a certificate of completion may maintain an action against a responsible party to recover the holder’s costs of performing removal or remediation of a hazardous substance or substances pursuant to a program.
2. If the holder is a prospective purchaser and his or her seller qualifies for relief from liability pursuant to NRS 459.644, the seller may maintain an action against a responsible party to recover the seller’s costs of performing removal or remediation of a hazardous substance or substances pursuant to a program.
(Added to NRS by 1999, 2694)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.652 - Termination of participation in program.

1. A participant may terminate his or her participation in a program upon 30 days’ written notice to the Administrator.
2. The Administrator may terminate the participation of a participant in a program only if:
(a) The participant, after a reasonable period, has not proposed and is unlikely to be able to propose a remedial agreement that meets the requirements of NRS 459.636;
(b) The participant fails materially to comply with the requirements of the remedial agreement or NRS 459.610 to 459.658, inclusive; or
(c) From information not known to the Administrator when the remedial agreement was approved, the Administrator determines that the removal or remediation in progress or to be performed on the property poses an imminent and substantial threat of harm to human health or the environment.
3. An application, remedial agreement or certificate of completion is not an admission of liability on the part of the applicant or participant, but a termination of participation does not otherwise affect the rights of the Division.
(Added to NRS by 1999, 2694)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.654 - Review of decisions of Administrator.

1. A decision of the Administrator to approve an application or a remedial agreement or to issue a certificate of completion is final and may not be reviewed.
2. If the Administrator denies an application for any reason other than incompleteness, disapproves a proposed remedial agreement, does not issue a certificate of completion within the time allowed or terminates the participation of a participant in a program, the applicant or participant may apply to the Commission to review the decision pursuant to chapter 233B of NRS.
(Added to NRS by 1999, 2694)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.656 - Adoption of regulations by Commission.

The Commission shall adopt such regulations as the Commission determines are necessary to carry out the provisions of NRS 459.610 to 459.658, inclusive. Regulations adopted pursuant to this section:
1. Must include, without limitation, provisions relating to the:
(a) Duties and functions of consultants who are certified, or exempt from the requirement of certification, as provided by NRS 459.500;
(b) Financial capability and responsibility required of a participant; and
(c) Required form and content of and any fee required to be submitted with an application, certificate or remedial agreement.
2. May include, without limitation, provisions relating to the issuance of a temporary, interim or partial certificate of completion or progress with respect to a remedial agreement.
(Added to NRS by 1999, 2694)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.658 - Negotiation with Environmental Protection Agency regarding effect of certificate of completion.

The Administrator shall make a good faith effort to negotiate with the Environmental Protection Agency to ensure that a certificate of completion issued pursuant to NRS 459.610 to 459.658, inclusive, will relieve a participant from liability to the United States to the same extent as those sections provide relief from liability to this State.
(Added to NRS by 1999, 2695)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.674 - "Class B firefighting foam that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances" defined.

"Class B firefighting foam that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances" means Class B firefighting foam containing perfluoroalkyl and polyfluoroalkyl substances that is designed to include at least one fully fluorinated carbon atom that is fully functional in the foam.
(Added to NRS by 2021, 480)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.678 - "Perfluoroalkyl and polyfluoroalkyl substances" defined.

"Perfluoroalkyl and polyfluoroalkyl substances" means a class of fluorinated organic chemicals that contain at least one fully fluorinated carbon atom.
(Added to NRS by 2021, 480)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.680 - Inapplicability of certain provisions where preempted by or in conflict with federal law.

The provisions of NRS 459.682 and 459.684 do not apply to the extent that those provisions are preempted by or conflict with federal law, including, without limitation, any provision of federal law requiring the use of Class B firefighting foam that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances pursuant to 14 C.F.R. Part 139 or for military purposes.
(Added to NRS by 2021, 480)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.682 - Prohibition on discharge, use or release; exception; penalty.

1. Except as otherwise provided in this section and NRS 459.680, a person, political subdivision, local government or state or local agency shall not discharge, use or release, or allow its employees or independent contractors to discharge, use or release, any Class B firefighting foam that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances for the purpose of:
(a) Testing the Class B firefighting foam that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances unless the person testing the foam has ensured that any measures necessary for the proper containment, treatment and disposal of the foam are available at the testing location and such measures will prevent the release of Class B firefighting foam that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances to the surrounding environment; or
(b) Firefighting training.
2. Any person who violates the provisions of subsection 1 is guilty of a misdemeanor.
(Added to NRS by 2021, 480)