reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 445C - Environmental Requirements; Cleanup of Discharged Petroleum › NRS 445C.110 - Environmental audit: Privileged; exceptions.

1. Except as otherwise provided in this section, an environmental audit conducted pursuant to the provisions of NRS 445C.010 to 445C.120, inclusive, shall be deemed privileged and is not admissible in an administrative proceeding or civil action against the regulated person who conducted the audit or the regulated facility which is owned or operated by the regulated person.
2. The privilege provided by subsection 1 does not apply if:
(a) A regulatory agency requests the admission of the results of an environmental audit at an administrative proceeding or civil action commenced by the regulatory agency;
(b) The regulated person expressly waives the privilege; or
(c) A court or administrative hearing officer determines in camera that the presumption against administrative or civil liability is rebutted pursuant to NRS 445C.090.
3. For the purposes of paragraph (b) of subsection 2, a regulated person does not waive the privilege if he or she voluntarily discloses, pursuant to NRS 445C.010 to 445C.120, inclusive, the results of an environmental audit or a violation of an environmental requirement discovered as a result of an environmental audit to a regulatory agency.
4. This section does not prohibit a person or entity from:
(a) Obtaining information concerning a violation of an environmental requirement from a source independent of an environmental audit.
(b) Commencing an administrative proceeding or civil or criminal action against a regulated person or a regulated facility which is owned or operated by a regulated person based upon information that was obtained from a source independent of an environmental audit.
(c) Intervening in a proceeding or action filed against a regulated person or regulated facility if the intervention is specifically authorized by statute or regulation.
(Added to NRS by 1997, 1077; A 2015, 3607)
2023 Nevada Revised Statutes › Chapter 445C - Environmental Requirements; Cleanup of Discharged Petroleum › NRS 445C.120 - Regulations; court or administrative hearing officer not to consider failure to conduct environmental audit in determining liability for violation.

1. A regulatory agency may adopt regulations to carry out the provisions of NRS 445C.010 to 445C.120, inclusive.
2. The fact that a regulated person does not conduct an environmental audit pursuant to the provisions of NRS 445C.010 to 445C.120, inclusive, must not be considered by a court or administrative hearing officer in determining whether to impose administrative, civil or criminal liability for a violation of an environmental requirement by the regulated person.
(Added to NRS by 1997, 1078)
2023 Nevada Revised Statutes › Chapter 445C - Environmental Requirements; Cleanup of Discharged Petroleum › NRS 445C.150 - Definitions.

As used in NRS 445C.150 to 445C.410, inclusive, unless the context otherwise requires, the words and terms defined in NRS 445C.160 to 445C.280, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2015, 3601)
2023 Nevada Revised Statutes › Chapter 445C - Environmental Requirements; Cleanup of Discharged Petroleum › NRS 445C.180 - "Diesel fuel of grade number 1" defined.

"Diesel fuel of grade number 1" means a distillate from fuel oil which is of high volatility and used in high-speed diesel engines generally operated under variations in speed and load. The term includes diesel fuel of the type "C-B," generally used in buses and similar operations.
(Added to NRS by 2015, 3601)
2023 Nevada Revised Statutes › Chapter 445C - Environmental Requirements; Cleanup of Discharged Petroleum › NRS 445C.190 - "Diesel fuel of grade number 2" defined.

"Diesel fuel of grade number 2" means a distillate from gas oil which is of low volatility and used in high-speed diesel engines generally operated under uniform speed and load. The term includes diesel fuel of the type "R-R," generally used in railroad locomotives, and type "T-T," generally used in trucks with diesel engines.
(Added to NRS by 2015, 3601)
2023 Nevada Revised Statutes › Chapter 445C - Environmental Requirements; Cleanup of Discharged Petroleum › NRS 445C.250 - "Operator" defined.

"Operator" means a person who:
1. Owns, controls or is responsible for the operation and management of a storage tank or a discharge from a storage tank;
2. Previously owned, controlled or was responsible for the operation and management of a storage tank immediately before the use of the storage tank was discontinued;
3. Owns the property on which a storage tank is operated and managed, or was previously operated and managed if the use of the storage tank was discontinued; or
4. Owns property on which a discharge from a storage tank has occurred and is responsible for the management and cleanup of the discharge.
(Added to NRS by 2015, 3602; A 2021, 1862)
2023 Nevada Revised Statutes › Chapter 445C - Environmental Requirements; Cleanup of Discharged Petroleum › NRS 445C.290 - Legislative findings.

The Legislature finds that:
1. Protection of this State’s environment, particularly its supplies of water, requires the prompt cleaning up of any discharge of petroleum from a storage tank.
2. Federal law and regulations require each operator of a storage tank to show financial responsibility for this purpose, but the capital of smaller operators is too little to meet these requirements and insurance to cover this liability is prohibitively costly for these smaller operators.
3. Free competitive access to the business of distributing petroleum therefore requires a system of funding this liability in which all engaged in the business must participate equitably.
4. The fee imposed by NRS 445C.330 is not an excise tax but a fee for engaging in the refining or importation of motor vehicle fuel, diesel fuel of grade number 1, diesel fuel of grade number 2 and heating oil.
(Added to NRS by 2015, 3602)
2023 Nevada Revised Statutes › Chapter 445C - Environmental Requirements; Cleanup of Discharged Petroleum › NRS 445C.300 - Board to Review Claims: Creation; members; Chair; administrative assistance; compensation of members.

1. The Board to Review Claims is hereby created in the Division. The Board consists of:
(a) The Administrator of the Division;
(b) The Director of the Department;
(c) The State Fire Marshal;
(d) A representative of refiners of petroleum;
(e) A representative of independent dealers in petroleum;
(f) A representative of independent retailers of petroleum; and
(g) A representative of the general public.
2. An officer designated as a member of the Board may designate a substitute. Persons engaged in a field of enterprise in this State that is listed in paragraph (d), (e) or (f) of subsection 1, through their trade association if one exists, shall submit to the Governor the name of their nominee or a list of names of not more than three nominees. The Governor shall appoint the person so nominated or, if more than one person is nominated, one of the persons from the list of nominees as the representative designated as a member of the Board.
3. The Board shall select its Chair. The Administrator of the Division shall provide administrative assistance to the Board as required.
4. Each member who is appointed by the Governor is entitled to receive a salary of not more than $80, as fixed by the Board, for each day’s attendance at a meeting of the Board.
5. While engaged in the business of the Board, each member of the Board is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
(Added to NRS by 2015, 3602; A 2021, 1863)
2023 Nevada Revised Statutes › Chapter 445C - Environmental Requirements; Cleanup of Discharged Petroleum › NRS 445C.320 - Fund for Cleaning Up Discharges of Petroleum: Expenditures for certain discharges; limitations; reimbursement.

Notwithstanding any provision of NRS 445C.150 to 445C.410, inclusive, to the contrary, and except as otherwise provided in this section:
1. The Division may expend not more than $2,000,000 from the Fund per fiscal year as reimbursement for necessary costs incurred by the Division in the response to and cleanup of discharges in the State, including discharges from a storage tank and discharges from a mobile tank that occur during the transportation of petroleum or a petrochemical on roads and highways. The Interim Finance Committee may approve the expenditure of more than $2,000,000 from the Fund in a fiscal year for the purposes described in this subsection. If a discharge also involves another hazardous material, the Division may expend money pursuant to this section in the cleanup of the discharge and the other hazardous material. The Division shall not expend money from the Fund pursuant to this section to clean up discharges from pipelines.
2. Except as otherwise provided in this subsection, money from the Fund expended by the Division pursuant to this section must be used to augment, and must not be used to replace or supplant, any money available from other sources for the cleanup of discharges, including, without limitation, reimbursements by operators required to be made to the Division pursuant to NRS 445C.340 and 445C.360. If no money is available from those other sources, the Division may expend money from the Fund pursuant to this section to reimburse the Division for any costs specified in subsection 1.
3. If the Division expends money pursuant to this section to clean up a discharge involving:
(a) Petroleum, the operator of the tank shall reimburse the Division for the operator’s share of the costs for cleaning up the discharge.
(b) A petrochemical, the person who is responsible for the discharge shall reimburse the Division for the person’s share of the costs for cleaning up the discharge.
The Division shall, upon being reimbursed pursuant to this subsection, deposit that money in the Fund.
4. As used in this section:
(a) "Discharge" means, unless authorized by state or federal law, any:
(1) Release of a petrochemical into water or soil; or
(2) Release, leaking or spilling of petroleum or a petrochemical from a tank into water or soil.
(b) "Petrochemical" means a chemical derived from petroleum or a petroleum feedstock, including, without limitation, perchloroethylene and any degradation product of perchloroethylene.
(c) "Tank" means a storage tank or a mobile tank used to transport petroleum or a petrochemical received for sale or use in this State.
(Added to NRS by 2015, 3603; A 2021, 1863)
2023 Nevada Revised Statutes › Chapter 445C - Environmental Requirements; Cleanup of Discharged Petroleum › NRS 445C.330 - Collection of fee for certain fuels and heating oil; exempt products; payment of expenses of Department.

1. Except as otherwise provided in subsection 2, the Department shall collect for deposit in the Fund a fee of 0.75 cent for each gallon of motor vehicle fuel, diesel fuel of grade number 1, diesel fuel of grade number 2 and heating oil imported into this State in one of those forms or refined in this State. The fee imposed by this section is in addition to the taxes imposed by chapters 365 and 366 of NRS.
2. The fee imposed by subsection 1 does not apply to motor vehicle fuel, diesel fuel of grade number 1, diesel fuel of grade number 2 or heating oil that is:
(a) Imported or refined by the United States, its unincorporated agencies and instrumentalities, or any incorporated agency or instrumentality of the United States wholly owned by the United States or by a corporation wholly owned by the United States;
(b) Exported from this State;
(c) Imported or refined by railroad companies for use in locomotive engines;
(d) Being transported through this State in interstate commerce; or
(e) Used as fuel for jet or turbine-powered aircraft.
3. The fee is payable on or before the last day of each calendar month for those products subject to the fee that are handled during the preceding calendar month. The Department shall prescribe by regulation the manner of payment of the fee and for this purpose may reasonably classify the persons liable for payment. The Department may, in collecting the fee, employ any administrative power conferred upon it by chapter 360A or 365 of NRS.
4. The expenses incurred by the Department in performing its duties under NRS 445C.150 to 445C.410, inclusive, are a charge against the Fund.
(Added to NRS by 2015, 3604)
2023 Nevada Revised Statutes › Chapter 445C - Environmental Requirements; Cleanup of Discharged Petroleum › NRS 445C.340 - Registration of storage tanks: Collection of annual fee; exempt tanks; reimbursement and other liability for noncompliance.

1. Except as otherwise provided in subsection 2, the Division shall collect for deposit in the Fund an annual fee not to exceed $100, set by the Board, for the registration of each storage tank.
2. No fee is to be collected, and no registration is required, with respect to a storage tank used to store heating oil for consumption on the same premises where the oil is stored, or a storage tank operated by a person not required to pay the fee for petroleum produced in or imported into this State.
3. The operator of a storage tank required to be registered pursuant to this section who fails to register that tank or to pay the annual fee when required shall reimburse the Division for any expense incurred by the Division in cleaning up a discharge from that storage tank and for any discharge of liability to a third person. If, in cleaning up the discharge from that storage tank, the Division expends money from the Fund in accordance with NRS 445C.320, the Division shall, upon being reimbursed by the operator of the storage tank pursuant to this subsection, deposit that money in the Fund.
(Added to NRS by 2015, 3604)
2023 Nevada Revised Statutes › Chapter 445C - Environmental Requirements; Cleanup of Discharged Petroleum › NRS 445C.350 - Transfer of portion of ending balance in Fund to certain accounts.

If the balance in the Fund for Cleaning Up Discharges of Petroleum at the end of any fiscal year is estimated at $7,500,000 or more, the Department shall transfer:
1. An amount requested by the State Department of Conservation and Natural Resources, not to exceed $500,000 of the balance of $7,500,000, to the Account for the Management of Air Quality created pursuant to NRS 445B.590. Any money transferred to the Account for the Management of Air Quality pursuant to this subsection may be expended only to pay the direct and indirect costs of preparing the report required pursuant to NRS 445B.380.
2. The balance in the Fund for Cleaning Up Discharges of Petroleum which exceeds $7,500,000 after transferring the amount required pursuant to paragraph (a) to the account created pursuant to NRS 408.242.
(Added to NRS by 2015, 3605; A 2021, 585)
2023 Nevada Revised Statutes › Chapter 445C - Environmental Requirements; Cleanup of Discharged Petroleum › NRS 445C.360 - Report of discharge from tank required; cleanup of discharge; demonstration required for certain coverage for cleanup.

1. The operator of every storage tank, and every person who for compensation puts petroleum into a storage tank, shall report to the Division every discharge from that storage tank of which the operator or other person is aware or has reason to believe has occurred. The Division shall undertake or contract for cleaning up the discharge unless the operator or another person is already acting properly to clean it up. If the Division cleans up the discharge, the operator shall reimburse the Division for the operator’s share of the costs. If, in cleaning up the discharge, the Division expends money from the Fund in accordance with NRS 445C.320, the Division shall, upon being reimbursed by the operator of the storage tank pursuant to this subsection, deposit that money in the Fund.
2. Before a storage tank is eligible for the coverage provided by NRS 445C.380, each operator who is required pursuant to subsection 1 of NRS 445C.340 or who chooses to register a storage tank must, unless the storage tank has been tested for tightness under the federal standards embodied in 40 C.F.R. §§ 280.43(c) and 280.44(b) within the previous 6 months, demonstrate that:
(a) The storage tank is being monitored for a discharge; and
(b) A discharge has not occurred.
(Added to NRS by 2015, 3605; A 2021, 1864)
2023 Nevada Revised Statutes › Chapter 445C - Environmental Requirements; Cleanup of Discharged Petroleum › NRS 445C.370 - Allocation of costs resulting from discharge from certain storage tanks for heating oil.

The costs resulting from a discharge from a storage tank which has a capacity of 1,100 gallons or less and is used to store heating oil for consumption on the same premises where the oil is stored must be paid as follows, to the extent applicable:
1. The first $250 for cleaning up and the first $250 of liability for damages to a person other than this State or the operator of the storage tank, or both amounts, by the operator.
2. If necessary to protect the environment or the public health and safety, the next $250,000 for cleaning up and the next $250,000 for damages to a person other than this State or the operator of the storage tank, or both amounts, from the Fund. These limits apply to any one discharge and to the total for discharges from storage tanks controlled by any one operator in any fiscal year. For the purpose of this limitation, a group of operators more than 50 percent of whose net worth is beneficially owned by the same person or persons constitutes one operator.
3. Any further cost for cleaning up or for damages, by the operator.
(Added to NRS by 2015, 3605; A 2021, 1865)
2023 Nevada Revised Statutes › Chapter 445C - Environmental Requirements; Cleanup of Discharged Petroleum › NRS 445C.390 - Liability for costs to clean up discharge caused by willful or wanton misconduct, gross negligence or violation of statute or regulation.

1. Any person who, through willful or wanton misconduct, through gross negligence or through violation of any applicable statute or regulation, including specifically any state or federal standard pertaining to the preparation or maintenance of sites for storage tanks, proximately causes a discharge is liable to the Division for any cost in cleaning up the discharge or paying for it to be cleaned up.
2. If a discharge occurs, the site of the storage tank and any other premises affected by the discharge must be brought into compliance with any applicable standard as described in subsection 1.
(Added to NRS by 2015, 3606; A 2021, 1867)
2023 Nevada Revised Statutes › Chapter 445C - Environmental Requirements; Cleanup of Discharged Petroleum › NRS 445C.400 - Pro rata reduction if balance of Fund insufficient for full payment.

If the balance in the Fund is insufficient to pay in full all amounts payable from it under NRS 445C.150 to 445C.410, inclusive, these amounts must be reduced pro rata and the amounts so withheld must be paid pro rata as additional money becomes available in the Fund.
(Added to NRS by 2015, 3606)
2023 Nevada Revised Statutes › Chapter 445C - Environmental Requirements; Cleanup of Discharged Petroleum › NRS 445C.410 - Storage tanks exempted from certain provisions; optional coverage of exempted tank.

1. Except as otherwise specifically provided in NRS 445C.320, the provisions of NRS 445C.340 to 445C.400, inclusive, do not apply to any storage tank which:
(a) Contains petroleum being transported through this State in interstate commerce, but do apply to a storage tank being used to store petroleum received for sale or use in this State;
(b) Contains fuel for jet or turbine-powered aircraft, or is above ground and has a capacity of 30,000 gallons or less, unless in either case the operator complies with subsection 2; or
(c) Is above ground and has a capacity of more than 30,000 gallons.
2. The operator of a tank exempted by paragraph (b) of subsection 1 may obtain the coverage provided by NRS 445C.380 by applying to the Board, paying the fee set pursuant to NRS 445C.340 for its registration, and, if the tank is used to store fuel for jet or turbine-powered aircraft, reporting monthly the number of gallons of fuel put into the tank and paying the fee required by NRS 445C.330. Coverage pursuant to this subsection begins 6 months after the tank is registered and the required fee first paid.
(Added to NRS by 2015, 3607; A 2021, 1868)
2023 Nevada Revised Statutes › Chapter 445D - Environmental Covenants (Uniform Act) › NRS 445D.040 - "Agency" defined.

"Agency" means:
1. The State Department of Conservation and Natural Resources;
2. The Division of Environmental Protection of the State Department of Conservation and Natural Resources; or
3. The United States Environmental Protection Agency.
(Added to NRS by 2005, 1362)
2023 Nevada Revised Statutes › Chapter 445D - Environmental Covenants (Uniform Act) › NRS 445D.050 - "Common-interest community" defined.

"Common-interest community" means a condominium, cooperative or other real property with respect to which a person, by virtue of the person’s ownership of a parcel of real property, is obligated to pay property taxes or insurance premiums, or for maintenance or improvement of other real property described in a recorded covenant that creates the common-interest community.
(Added to NRS by 2005, 1362)
2023 Nevada Revised Statutes › Chapter 445D - Environmental Covenants (Uniform Act) › NRS 445D.070 - "Environmental response project" defined.

"Environmental response project" means a plan or work performed for environmental remediation of real property and conducted:
1. Under a federal or state program governing environmental remediation of real property;
2. Incident to closure of a solid or hazardous waste management unit, if the closure is conducted with approval of an agency; or
3. Under a state voluntary cleanup program authorized by the laws of this State.
(Added to NRS by 2005, 1362)
2023 Nevada Revised Statutes › Chapter 445D - Environmental Covenants (Uniform Act) › NRS 445D.090 - "Person" defined.

"Person" means any natural person, corporation, business trust, estate, trust, partnership, limited-liability company, association, joint venture, public corporation, government, governmental subdivision, agency or instrumentality, or any other legal or commercial entity.
(Added to NRS by 2005, 1362)
2023 Nevada Revised Statutes › Chapter 445D - Environmental Covenants (Uniform Act) › NRS 445D.120 - Nature of rights; subordination of interests.

1. Any person, including a person who owns an interest in the real property, the agency or a municipality or other unit of local government, may be a holder. An environmental covenant may identify more than one holder. The interest of a holder is an interest in real property.
2. A right of an agency under this chapter or under an environmental covenant, other than a right as a holder, is not an interest in real property.
3. An agency is bound by any obligation it assumes in an environmental covenant, but an agency does not assume obligations merely by signing an environmental covenant. Any other person who signs an environmental covenant is bound by the obligations the person assumes in the covenant, but signing the covenant does not change obligations, rights or protections granted or imposed under law other than this chapter except as otherwise provided in the covenant.
4. The following rules apply to interests in real property in existence at the time an environmental covenant is created or amended:
(a) An interest that has priority under any other law is not affected by an environmental covenant unless the person who owns the interest subordinates that interest to the covenant.
(b) This chapter does not require a person who owns a prior interest to subordinate that interest to an environmental covenant or to agree to be bound by the covenant.
(c) A subordination agreement may be contained in an environmental covenant covering real property or in a separate record. If the environmental covenant covers commonly owned property in a common-interest community, the record may be signed by any person authorized by the executive board of the unit-owners’ association.
(d) An agreement by a person to subordinate a prior interest to an environmental covenant affects the priority of that person’s interest, but does not by itself impose any affirmative obligation on the person with respect to the environmental covenant.
(Added to NRS by 2005, 1363)
2023 Nevada Revised Statutes › Chapter 445D - Environmental Covenants (Uniform Act) › NRS 445D.130 - Contents.

1. An environmental covenant must:
(a) State that the instrument is an environmental covenant executed pursuant to this chapter;
(b) Contain a legally sufficient description of the real property subject to the covenant;
(c) Describe the activity and use limitations on the real property;
(d) Identify every holder;
(e) Be signed by the agency, every holder and, unless waived by the agency, every owner of the fee simple of the real property subject to the covenant; and
(f) Identify the name and location of any administrative record for the environmental response project reflected in the environmental covenant.
2. In addition to the information required by subsection 1, an environmental covenant may contain other information, restrictions and requirements agreed to by the persons who signed it, including:
(a) Any requirements for notice following transfer of a specified interest in, or concerning proposed changes in use of, applications for building permits for, or proposals for any site work affecting the contamination on, the property subject to the covenant;
(b) Any requirements for periodic reporting describing compliance with the covenant;
(c) Any rights of access to the property granted in connection with implementation or enforcement of the covenant;
(d) A brief narrative description of the contamination and remedy, including the contaminants of concern, pathways of exposure, limits on exposure, and location and extent of the contamination;
(e) Any limitation on amendment or termination of the covenant in addition to those contained in NRS 445D.180 and 445D.190; and
(f) Any rights of the holder in addition to its right to enforce the covenant pursuant to NRS 445D.200.
3. In addition to other conditions for its approval of an environmental covenant, the agency may require those persons specified by the agency who have interests in the real property to sign the covenant.
(Added to NRS by 2005, 1363)
2023 Nevada Revised Statutes › Chapter 445D - Environmental Covenants (Uniform Act) › NRS 445D.140 - Validity; effect on other instruments.

1. An environmental covenant that complies with this chapter runs with the land.
2. An environmental covenant that is otherwise effective is valid and enforceable even if:
(a) It is not appurtenant to an interest in real property;
(b) It can be or has been assigned to a person other than the original holder;
(c) It is not of a character that has been recognized traditionally at common law;
(d) It imposes a negative burden;
(e) It imposes an affirmative obligation on a person having an interest in the real property or on the holder;
(f) The benefit or burden does not touch or concern real property;
(g) There is no privity of estate or contract;
(h) The holder dies, ceases to exist, resigns or is replaced; or
(i) The owner of an interest subject to the environmental covenant and the holder are the same person.
3. An instrument that creates restrictions or obligations with respect to real property that would qualify as activity and use limitations, except for the fact that the instrument was recorded before October 1, 2005, is not invalid or unenforceable because of any of the limitations on enforcement of interests described in subsection 2 or because it was identified as an easement, servitude, deed restriction or other interest. This chapter does not apply in any other respect to such an instrument.
4. This chapter does not invalidate or render unenforceable any interest, whether designated as an environmental covenant or other interest, that is otherwise enforceable under the laws of this State.
(Added to NRS by 2005, 1364)
2023 Nevada Revised Statutes › Chapter 445D - Environmental Covenants (Uniform Act) › NRS 445D.150 - Relationship to other land-use law.

This chapter does not authorize a use of real property that is otherwise prohibited by zoning, by law other than this chapter regulating use of real property or by a recorded instrument that has priority over the environmental covenant. An environmental covenant may prohibit or restrict uses of real property which are authorized by zoning or by law other than this chapter.
(Added to NRS by 2005, 1364)
2023 Nevada Revised Statutes › Chapter 445D - Environmental Covenants (Uniform Act) › NRS 445D.160 - Notice.

1. A copy of an environmental covenant must be provided by the persons and in the manner required by the agency to:
(a) Each person who signed the covenant;
(b) Each person holding a recorded interest in the real property subject to the covenant;
(c) Each person in possession of the real property subject to the covenant;
(d) Each municipality or other unit of local government in which real property subject to the covenant is located and any local planning commission whose territorial jurisdiction includes or is immediately adjacent to the real property subject to the covenant; and
(e) Any other person the agency requires.
2. The validity of a covenant is not affected by failure to provide a copy of the covenant as required under this section.
(Added to NRS by 2005, 1365)
2023 Nevada Revised Statutes › Chapter 445D - Environmental Covenants (Uniform Act) › NRS 445D.170 - Recording.

1. An environmental covenant and any amendment or termination of the covenant must be recorded in every county in which any portion of the real property subject to the covenant is located. For purposes of indexing, a holder must be treated as a grantee.
2. Except as otherwise provided in subsection 3 of NRS 445D.180, an environmental covenant is subject to the laws of this State governing recording and priority of interests in real property.
(Added to NRS by 2005, 1365)
2023 Nevada Revised Statutes › Chapter 445D - Environmental Covenants (Uniform Act) › NRS 445D.180 - Duration; amendment by court action.

1. An environmental covenant is perpetual unless it is:
(a) By its terms limited to a specific duration or terminated by the occurrence of a specific event;
(b) Terminated by consent pursuant to NRS 445D.190;
(c) Terminated pursuant to subsection 2;
(d) Terminated by foreclosure of an interest that has priority over the environmental covenant; or
(e) Terminated or modified in an eminent domain proceeding, but only if:
(1) The agency that signed the covenant is a party to the proceeding;
(2) All persons identified in subsections 1 and 2 of NRS 445D.190 are given notice of the pendency of the proceeding; and
(3) The court determines, after hearing, that the termination or modification will not adversely affect human health or the environment.
2. If the agency that signed an environmental covenant has determined that the intended benefits of the covenant can no longer be realized, a court, under the doctrine of changed circumstances, in an action in which all persons identified in subsections 1 and 2 of NRS 445D.190 have been given notice, may terminate the covenant or reduce its burden on the real property subject to the covenant. The agency’s determination or its failure to make a determination upon request is subject to judicial review pursuant to NRS 233B.130.
3. Except as otherwise provided in subsections 1 and 2, an environmental covenant may not be extinguished, limited or impaired through issuance of a tax deed, foreclosure of a tax lien or application of the doctrine of adverse possession, prescription, abandonment, waiver, lack of enforcement or acquiescence, or a similar doctrine.
4. An environmental covenant may not be extinguished, limited or impaired by application of any laws of this State relating to marketable title or dormant mineral interests.
(Added to NRS by 2005, 1365)
2023 Nevada Revised Statutes › Chapter 445D - Environmental Covenants (Uniform Act) › NRS 445D.190 - Amendment or termination by consent.

1. An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by:
(a) The agency;
(b) Unless waived by the agency, the current owner of the fee simple of the real property subject to the covenant;
(c) Each person who originally signed the covenant, unless the person waived in a signed record the right to consent or a court finds that the person no longer exists or cannot be located or identified with the exercise of reasonable diligence; and
(d) Except as otherwise provided in paragraph (b) of subsection 4, the holder.
2. If an interest in real property is subject to an environmental covenant, the interest is not affected by an amendment of the covenant unless the current owner of the interest consents to the amendment or has waived in a signed record the right to consent to amendments.
3. Except for an assignment undertaken pursuant to a governmental reorganization, the assignment of an environmental covenant to a new holder is an amendment.
4. Except as otherwise provided in an environmental covenant:
(a) A holder may not assign its interest without the consent of the other parties; and
(b) A holder may be removed and replaced by agreement of the other parties specified in subsection 1.
5. A court of competent jurisdiction may fill a vacancy in the position of holder.
(Added to NRS by 2005, 1366)
2023 Nevada Revised Statutes › Chapter 445D - Environmental Covenants (Uniform Act) › NRS 445D.200 - Enforcement.

1. A civil action for injunctive or other equitable relief for the violation of an environmental covenant may be maintained by:
(a) A party to the covenant;
(b) The agency or, if it is not the agency, the State Department of Conservation and Natural Resources or the Division of Environmental Protection of that Department;
(c) Any person to whom the covenant expressly grants power to enforce;
(d) A person whose interest in the real property or whose collateral or liability may be affected by the alleged violation of the covenant; or
(e) A municipality or other unit of local government in which the real property subject to the covenant is located.
2. This chapter does not limit the regulatory authority of the agency, or the State Environmental Commission, the State Department of Conservation and Natural Resources or the Division of Environmental Protection of that Department, under law other than this chapter with respect to an environmental response project.
3. A person is not responsible for or subject to liability for environmental remediation solely because it has the right to enforce an environmental covenant.
(Added to NRS by 2005, 1366)
2023 Nevada Revised Statutes › Chapter 445D - Environmental Covenants (Uniform Act) › NRS 445D.220 - Relation to Electronic Signatures in Global and National Commerce Act.

This chapter modifies, limits or supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001 et seq., but does not modify, limit or supersede section 101 of that Act, 15 U.S.C. § 7001(a), or authorize electronic delivery of any of the notices described in section 103 of that Act, 15 U.S.C. § 7003(b).
(Added to NRS by 2005, 1366)
2023 Nevada Revised Statutes › Chapter 446 - Food Establishments › NRS 446.017 - "Food" defined.

"Food" means any food, drink, confection or beverage, or any component in the preparation or manufacture thereof, intended for ultimate human consumption, stored, being prepared or manufactured, displayed, offered for sale, sold, or served in a food establishment.
[Part 1:116:1943; 1943 NCL § 5319]—(NRS A 1969, 803)
2023 Nevada Revised Statutes › Chapter 446 - Food Establishments › NRS 446.020 - "Food establishment" defined.

1. Except as otherwise limited by subsection 2, "food establishment" means any place, structure, premises, vehicle or vessel, or any part thereof, in which any food intended for ultimate human consumption is manufactured or prepared by any manner or means whatever, or in which any food is sold, offered or displayed for sale or served.
2. The term does not include:
(a) Private homes, unless the food prepared or manufactured in the home is sold, or offered or displayed for sale or for compensation or contractual consideration of any kind;
(b) Fraternal or social clubhouses at which attendance is limited to members of the club;
(c) Vehicles operated by common carriers engaged in interstate commerce;
(d) Any establishment in which religious, charitable and other nonprofit organizations sell food occasionally to raise money or in which charitable organizations receive salvaged food in bulk quantities for free distribution, unless the establishment is open on a regular basis to sell food to members of the general public;
(e) Any establishment where animals, including, without limitation, mammals, fish and poultry, are slaughtered which is regulated pursuant to chapter 583 of NRS;
(f) Dairy farms and plants which process milk and products of milk or frozen desserts which are regulated under chapter 584 of NRS;
(g) The premises of a wholesale dealer of alcoholic beverages licensed under chapter 369 of NRS who handles only alcoholic beverages which are in sealed containers;
(h) A facility that produces eggs which is regulated pursuant to chapter 583 of NRS;
(i) A cottage food operation that meets the requirements of NRS 446.866 with respect to food items as defined in that section;
(j) A craft food operation that meets the requirements of NRS 587.6945 with respect to food items as defined in that section; or
(k) A farm for purposes of holding a farm-to-fork event.
3. As used in this section, "poultry" has the meaning ascribed to it in NRS 583.405.
[Part 1:116:1943; 1943 NCL § 5319]—(NRS A 1960, 295; 1963, 758; 1969, 803, 991; 1973, 1164; 1981, 697; 1985, 901; 1991, 286; 1993, 1624; 1999, 3624; 2001, 1504; 2013, 513, 1405; 2015, 369, 1257)
2023 Nevada Revised Statutes › Chapter 446 - Food Establishments › NRS 446.030 - "Food handler" defined.

1. "Food handler" means any person employed in or operating a food establishment, whether that person is an employer, employee or other natural person, who handles, stores, transports, prepares, manufactures, serves or sells food, or who comes in contact with eating or cooking utensils or other equipment used in the handling, preparation, manufacture, service or sale of food.
2. The term does not include a person who:
(a) Only handles, stores, transports, sells or otherwise comes in contact with food that is sealed and packaged for sale directly to the consumer;
(b) If the food is potentially hazardous food, handles the food only occasionally and incidentally to his or her responsibilities or employment, and such handling is not part of his or her regularly scheduled responsibilities or employment; or
(c) Is providing services as a cashier, salesperson, stock clerk, warehouse or dockworker, delivery person or maintenance staff or providing services in a similar position with limited food-handling responsibility.
[Part 1:116:1943; 1943 NCL § 5319]—(NRS A 1969, 803; 2001, 1505; 2003, 595; 2007, 2175)
2023 Nevada Revised Statutes › Chapter 446 - Food Establishments › NRS 446.050 - "Health authority" defined.

"Health authority" means the officers and agents of the Division of Public and Behavioral Health of the Department of Health and Human Services, or the officers and agents of the local boards of health.
[Part 1:116:1943; 1943 NCL § 5319]—(NRS A 1963, 311, 758; 1969, 803; 1973, 1406; 2013, 3054)
2023 Nevada Revised Statutes › Chapter 446 - Food Establishments › NRS 446.057 - Potentially hazardous food" defined.

"Potentially hazardous food" has the meaning ascribed to it in subpart 1-201 of the 1999 edition of the
Food Code
published by the Food and Drug Administration of the United States Department of Health and Human Services, unless the Administrator of the Division of Public and Behavioral Health of the Department of Health and Human Services has adopted a later edition of the
Food Code
for this purpose.
(Added to NRS by 2003, 594; A 2013, 3054)
2023 Nevada Revised Statutes › Chapter 446 - Food Establishments › NRS 446.067 - "Temporary food establishment" defined.

"Temporary food establishment" means any food establishment which operates at a fixed location for a temporary period of time, not to exceed 2 weeks, in connection with a fair, carnival, circus, public exhibition, celebration or similar transitory gathering.
(Added to NRS by 1969, 817)
2023 Nevada Revised Statutes › Chapter 446 - Food Establishments › NRS 446.841 - Use of sawdust on floors in retail meat, poultry and fish markets.

A food establishment engaged in the cutting and packaging of meat, poultry or fish for retail sale may use sawdust on the floors in that area of such establishment not visited by the public if:
1. Such sawdust is treated in a manner approved by the Division of Public and Behavioral Health of the Department of Health and Human Services; and
2. The floors are cleaned and fresh sawdust is used daily.
(Added to NRS by 1971, 151; A 1973, 1406)
2023 Nevada Revised Statutes › Chapter 446 - Food Establishments › NRS 446.844 - Purchase and use of hemp by operator of food establishment at which food is not prepared or served for immediate consumption.

1. A person who holds a permit issued pursuant to NRS 446.875 and who operates a food establishment at which food is not prepared or served for immediate consumption may:
(a) Purchase hemp or a commodity or product made using hemp from a grower or handler registered by the State Department of Agriculture pursuant to chapter 557 of NRS.
(b) Use hemp or a commodity or product made using hemp to manufacture or prepare food that contains an approved hemp component at the food establishment.
(c) In compliance with the provisions of NRS 439.532, sell, offer or display for sale food that contains an approved hemp component at the food establishment.
2. As used in this section:
(a) "Approved hemp component" means any component of hemp that the United States Food and Drug Administration has determined to be safe or generally recognized as safe for use as an ingredient in food intended for human consumption.
(b) "Hemp" has the meaning ascribed to it in NRS 557.160.
(Added to NRS by 2021, 729)
2023 Nevada Revised Statutes › Chapter 446 - Food Establishments › NRS 446.846 - Certain employees of food establishments required to wear hair net or other suitable covering to confine hair.

The State Board of Health shall adopt reasonable rules and regulations requiring that any person employed in the preparation or service of food or beverages to patrons on the premises of a food establishment, or who comes in contact with eating or cooking utensils used for such service, whose hair length exceeds specified limits shall wear a hair net, cap or other suitable covering which confines the hair while such person is engaged in the performance of his or her duties. Such rules and regulations shall specify the minimum hair length to which such requirement applies.
(Added to NRS by 1973, 1055)
2023 Nevada Revised Statutes › Chapter 446 - Food Establishments › NRS 446.861 - Regulations.

1. A local board of health in a county whose population is 100,000 or more or a city in a county whose population is 100,000 or more shall adopt regulations pursuant to NRS 446.940 regulating sidewalk vendors of food which must, without limitation:
(a) Establish a process for a person to apply to the local board of health for a permit, license or other authorization to operate as a sidewalk vendor;
(b) Provide for a person applying for a permit, license or other authorization for sidewalk vending to pay any fees required by the local board of health using a payment plan;
(c) Establish procedures for a person seeking to operate as a sidewalk vendor who does not have a driver’s license or identification card issued by this State or another state, the District of Columbia or any territory of the United States to obtain any certification required by the local board of health as a food handler; and
(d) Include any other regulation determined to be necessary by the Task Force on Safe Sidewalk Vending pursuant to NRS 225.610.
2. As used in this section, "sidewalk vendor" means a person who sells food upon a public sidewalk or other pedestrian path from a conveyance, including, without limitation, a pushcart, stand, display, pedal-driven cart, wagon, showcase or rack. The term includes a nonstationary sidewalk vendor and a stationary sidewalk vendor.
(Added to NRS by 2023, 1441)
2023 Nevada Revised Statutes › Chapter 446 - Food Establishments › NRS 446.865 - Compliance with chapter; powers of health authority.

A temporary food establishment shall comply with all the provisions of this chapter which are applicable to its operation. The health authority may:
1. Augment such requirements when needed to assure the service of safe food.
2. Prohibit the sale of certain potentially hazardous food.
3. Modify specific requirements for physical facilities when in the opinion of the health authority no imminent health hazard will result.
(Added to NRS by 1963, 753; A 1969, 810)
2023 Nevada Revised Statutes › Chapter 446 - Food Establishments › NRS 446.868 - Exemption from certain requirements; notice to guests.

1. Except as otherwise provided in subsection 3, a farm is not a "food establishment" for purposes of holding a farm-to-fork event provided that:
(a) Any poultry and meat from a rabbit that is served at the farm-to-fork event is raised and prepared on the farm and is butchered and processed on the farm pursuant to the requirements of chapter 583 of NRS; and
(b) Any other food item that is served at the farm-to-fork event, including, without limitation, salads, side dishes and desserts, are prepared on the farm from ingredients that are substantially produced on the farm.
2. A farm which holds a farm-to-fork event shall, before a guest consumes any food, provide each guest with a notice which states that no inspection was conducted by a state or local health department of the farm or the food to be consumed, except as otherwise provided in subsection 1.
3. A farm which holds more than two events in any month that would otherwise qualify as farm-to-fork events becomes a food establishment for the remainder of that calendar year subject to all of the requirements of this chapter and any regulations adopted pursuant thereto concerning food establishments.
(Added to NRS by 2013, 1404)
2023 Nevada Revised Statutes › Chapter 446 - Food Establishments › NRS 446.869 - Registration; fees; inspection.

1. A farm that wishes to hold farm-to-fork events must register with the health authority by submitting such information as the health authority deems appropriate, including, without limitation:
(a) The name, address and contact information of the owner of the farm;
(b) The name under which the farm operates; and
(c) The address of the farm.
2. The health authority may charge a fee for the registration of a farm pursuant to this section in an amount not to exceed the actual cost of the health authority to establish and maintain a registry of farms holding farm-to-fork events.
3. The health authority shall not inspect a farm that holds a farm-to-fork event, except as otherwise provided in subsection 3 of NRS 446.868 and except that the health authority may inspect a farm following a farm-to-fork event to investigate a food item that may be deemed to be adulterated pursuant to NRS 585.300 to 585.360, inclusive, or an outbreak or suspected outbreak of illness known or suspected to be caused by a contaminated food item served at the farm-to-fork event. A farm shall cooperate with the health authority in any such inspection.
4. If, as a result of an inspection conducted pursuant to subsection 3, the health authority determines that the farm has produced an adulterated food item or was the source of an outbreak of illness caused by a contaminated food item, the health authority may charge and collect from the farm a fee in an amount not to exceed the actual cost of the health authority to conduct the investigation.
(Added to NRS by 2013, 1405)