reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.0094 - Executive Director of Agency for Nuclear Projects: Duties.

The Executive Director shall:
1. Appoint, with the consent of the Commission, an Administrator of each Division of the Agency.
2. Advise the Commission on matters relating to the potential disposal of radioactive waste in this State.
3. Evaluate the potentially adverse effects of a facility for the disposal of radioactive waste in this State.
4. Consult frequently with local governments and state agencies that may be affected by a facility for the disposal of radioactive waste and appropriate legislative committees.
5. Assist local governments in their dealings with the Department of Energy and its contractors on matters relating to radioactive waste.
6. Carry out the duties imposed on the State by 42 U.S.C. §§ 10101 to 10226, inclusive, as those sections existed on July 1, 1995.
7. Cooperate with any governmental agency or other person to carry out the provisions of NRS 459.009 to 459.0098, inclusive.
8. Provide semiannual written reports to the Joint Interim Standing Committees on Government Affairs, Growth and Infrastructure, Health and Human Services and Natural Resources. The reports must contain:
(a) A summary of the status of the activities undertaken by the Agency since the previous report;
(b) A description of all contracts the Agency has with natural persons or organizations, including, but not limited to, the name of the recipient of each contract, the amount of the contract, the duties to be performed under the contract, the manner in which the contract assists the Agency in achieving its goals and responsibilities and the status of the performance of the terms of the contract;
(c) The status of any litigation relating to the goals and responsibilities of the Agency to which the State of Nevada is a party; and
(d) Any other information requested by any of the Committees.
(Added to NRS by 1985, 2304; A 1995, 1455)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.0095 - Executive Director of Agency for Nuclear Projects: Powers.

The Executive Director may:
1. Provide information relating to radioactive waste to the Legislature, local governments and state agencies that may be affected by the disposal of radioactive waste in this State.
2. Consult branches and facilities of the Nevada System of Higher Education or other institutions of higher education on matters relating to radioactive waste.
3. Employ, within the limitations of legislative authorization, technical consultants, specialists, investigators and other professional and clerical employees as are necessary to the performance of the duties of the Executive Director.
4. Make and execute contracts and all other instruments necessary for the exercise of the duties of the office.
5. Obtain equipment and supplies necessary to carry out the provisions of NRS 459.009 to 459.0098, inclusive.
(Added to NRS by 1985, 2304; A 1993, 407)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.0096 - Executive Director and Administrators: Administration of laws relating to Division; classification; certain other employment prohibited.

1. The Administrator of each Division shall administer the provisions of law relating to his or her Division under the supervision of the Executive Director.
2. The Executive Director and the Administrator of each Division:
(a) Are in the unclassified service of the State.
(b) Except as otherwise provided in NRS 284.143, shall devote their full time to the business of the Agency and not engage in any other gainful employment or occupation.
(Added to NRS by 1985, 2305; A 1995, 2315)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.0097 - Duties of Administrator of Division of Technical Programs.

The Administrator of the Division of Technical Programs shall:
1. Evaluate the:
(a) Potential effects of radioactive waste upon the physical environment;
(b) Potential health hazards from the disposal of radioactive waste; and
(c) Design of and engineering techniques involved in a facility for the disposal of radioactive waste.
2. Assure the quality of techniques and procedures used in research involving radioactive waste and of any information developed as a result of the research.
3. Analyze the geological and technical information which would affect the feasibility and safety of locating a facility for the disposal of radioactive waste in this State.
4. Perform any other duties assigned to the Administrator by the Executive Director.
(Added to NRS by 1985, 2305)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.0098 - Duties of Administrator of Division of Planning.

The Administrator of the Division of Planning shall:
1. Coordinate activities between the Agency, political subdivisions of the State and affected state agencies.
2. Disseminate information to the State, interested political subdivisions of the State or any agency of either and members of the public regarding radioactive waste.
3. Study the effects of a facility for the disposal of radioactive waste upon transportation and social and economic conditions in this State.
4. Assess the means of mitigating the adverse effects of a facility for the disposal of radioactive waste.
5. Perform any other duties assigned to the Administrator by the Executive Director.
(Added to NRS by 1985, 2305)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.010 - Definitions.

As used in NRS 459.010 to 459.290, inclusive, unless the context requires otherwise:
1. "By-product material" means:
(a) Any radioactive material, except special nuclear material, yielded in or made radioactive by exposure to the radiation incident to the process of producing or making use of special nuclear material; and
(b) The tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore which is processed primarily for the extraction of the uranium or thorium.
2. "Division" means the Division of Public and Behavioral Health of the Department of Health and Human Services.
3. "General license" means a license effective pursuant to regulations adopted by the State Board of Health without the filing of an application to transfer, acquire, own, possess or use quantities of, or devices or equipment for utilizing, by-product material, source material, special nuclear material or other radioactive material occurring naturally or produced artificially.
4. "Ionizing radiation" means gamma rays and X-rays, alpha and beta particles, high-speed electrons, neutrons, protons and other nuclear particles, but not sound or radio waves, or visible, infrared or ultraviolet light.
5. "Person" includes any agency or political subdivision of this State, any other state or the United States, but not the Nuclear Regulatory Commission or its successor, or any federal agency licensed by the Nuclear Regulatory Commission or any successor to such a federal agency.
6. "Source material" means:
(a) Uranium, thorium or any other material which the Governor declares by order to be source material after the Nuclear Regulatory Commission or any successor thereto has determined that material to be source material.
(b) Any ore containing one or more of the materials enumerated in paragraph (a) in such concentration as the Governor declares by order to be source material after the Nuclear Regulatory Commission or any successor thereto has determined the material in the concentration to be source material.
7. "Special nuclear material" means:
(a) Plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235 and any other material which the Governor declares by order to be special nuclear material after the Nuclear Regulatory Commission or any successor thereto has determined such material to be special nuclear material, but does not include source material.
(b) Any material artificially enriched by any of the materials enumerated in paragraph (a), but does not include source material.
8. "Specific license" means a license issued pursuant to the filing of an application to use, manufacture, produce, transfer, receive, acquire, own or possess quantities of, or devices or equipment for utilizing, by-product material, source material, special nuclear material or other radioactive material occurring naturally or produced artificially.
(Added to NRS by 1963, 577; A 1975, 1327; 1979, 970; 1985, 517; 2011, 2053; 2013, 3064)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.020 - State agency for control of radiation.

The Division is hereby designated as the state radiation control agency, and is authorized to take all action necessary or appropriate to carry out the provisions of NRS 459.010 to 459.290, inclusive.
(Added to NRS by 1963, 578; A 1975, 1328; 1979, 971)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.030 - Duties of state agency for control of radiation.

For the protection of public health and safety, the Division shall:
1. Develop and conduct programs for the evaluation of and response to hazards associated with the use of sources of ionizing radiation.
2. Develop programs and formulate, with due regard for compatibility with federal programs, regulations for adoption by the State Board of Health regarding:
(a) Licensing and regulation of by-product materials, source materials, special nuclear materials and other radioactive materials, including radioactive waste.
(b) Control of other sources of ionizing radiation.
3. Adopt such regulations as may be necessary to administer the provisions of NRS 459.010 to 459.290, inclusive.
4. Collect and disseminate information relating to control of sources of ionizing radiation, including:
(a) Maintenance of a file of all license applications, issuances, denials, amendments, transfers, renewals, modifications, suspensions and revocations.
(b) Maintenance of a file of registrants possessing sources of ionizing radiation which require registration pursuant to the provisions of NRS 459.010 to 459.290, inclusive. The file must include a record of any administrative or judicial action pertaining to such registrants.
(c) Maintenance of a file of all regulations, pending or promulgated, relating to the regulation of sources of ionizing radiation, and any proceedings pertaining to the regulations.
(Added to NRS by 1963, 578; A 1975, 1329; 1981, 232; 1991, 211)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.035 - Applicant for registration of radiation machine to attest to proper licensure of employees; fees.

The Division shall not issue or renew the registration of a radiation machine pursuant to regulations adopted by the State Board of Health unless the applicant for issuance or renewal of the registration:
1. Attests that the persons employed by the applicant to operate the radiation machine are properly licensed pursuant to chapter 653 of NRS or are exempt from the requirement to obtain such licensure pursuant to NRS 653.430.
2. Pays the fee prescribed by the State Board of Health pursuant to NRS 457.240, in addition to any fee for the issuance or renewal of the registration.
(Added to NRS by 2011, 2053; A 2019, 2708; 2021, 2258)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.050 - Inspections; confidentiality of report of inspection.

1. Any authorized representative of the Division may enter at any reasonable time upon any private or public property for the purpose of determining whether there is compliance with or violation of the provisions of NRS 459.010 to 459.290, inclusive, or of the rules and regulations promulgated under NRS 459.010 to 459.290, inclusive, and the owner, occupant or person in charge of such property shall permit such entry and inspection.
2. Entry into areas under the jurisdiction of the Federal Government shall be effected only with the concurrence of the Federal Government or its duly designated representative.
3. Any report of investigation or inspection, or any information concerning trade secrets or secret industrial processes obtained under NRS 459.010 to 459.290, inclusive, shall not be disclosed or opened to public inspection except as otherwise provided in NRS 239.0115 or as may be necessary for the performance of the functions of the State Board of Health.
(Added to NRS by 1963, 579; A 1975, 1330; 2007, 2112)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.060 - Records.

1. The Division shall require each person who acquires, possesses or uses a source of ionizing radiation to maintain:
(a) Records relating to the receipt, storage, transfer or disposal of such source.
(b) Appropriate records showing the radiation exposure of all individuals for whom personnel monitoring is required by the rules and regulations of the State Board of Health.
(c) Such other records as the Division may require, subject to such exemptions as may be provided by any rule or regulation promulgated by the State Board of Health.
2. Copies of any record enumerated in subsection 1 shall be submitted to the Division upon request by the Division.
(Added to NRS by 1963, 579; A 1975, 1330)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.070 - Report of exposure of personnel; regulations.

1. The State Board of Health shall adopt reasonable regulations, compatible with those of the Nuclear Regulatory Commission or any successor to it, pertaining to reports of exposure of personnel.
2. Such regulations must require that reports of excessive exposure be made to the person exposed and to the State Board of Health, and must make provision for periodic and terminal reports to persons for whom personnel monitoring is required.
3. The provisions of NRS 459.010 to 459.290, inclusive, with respect to the limits of the exposure of personnel established in regulations for radiation control do not limit the kind or amount of radiation which may be intentionally applied to a person for diagnostic or therapeutic purposes by or under the direction of a licensed practitioner of the healing arts.
(Added to NRS by 1963, 579; A 1975, 1330; 1983, 140)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.080 - Agreements between State and Federal Government.

1. The Governor, on behalf of this State, may enter into agreements with the Federal Government providing for discontinuance of certain responsibilities of the Federal Government relating to sources of ionizing radiation and the assumption of such responsibilities by this State.
2. Any person who, on the effective date of any such agreement, possesses a license issued by the Federal Government shall be deemed to possess such license pursuant to the provisions of NRS 459.010 to 459.290, inclusive.
3. Such license shall expire either 90 days after receipt from the State Board of Health of a notice of expiration of such license, or on the date of expiration specified in such license, whichever is the earlier.
(Added to NRS by 1963, 580)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.090 - Agreements concerning inspection; program for training.

1. The Division, on behalf of the State, may enter into one or more agreements with the Federal Government, any interstate agency or any other state committing this State to perform on a cooperative basis with the Federal Government, any interstate agency or any other state inspections or other functions relating to the control of sources of ionizing radiation.
2. The Division may institute training programs for the purpose of qualifying personnel to carry out the provisions of subsection 1, and may make such personnel available for participation in any program or programs of the Federal Government, any interstate agency or any other state in furtherance of the purposes of NRS 459.010 to 459.290, inclusive.
(Added to NRS by 1963, 580; A 1975, 1330)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.100 - Hearings; written decisions.

1. In any proceeding under NRS 459.010 to 459.290, inclusive, for the granting, amending, suspension or revocation of any license, or for determining compliance with, or granting exceptions to, regulations adopted in accordance with NRS 459.010 to 459.290, inclusive, the State Board of Health shall afford an opportunity for a hearing on the record upon the request of any person whose interest may be affected by such proceeding, and shall admit any such person as a party to such proceeding.
2. The Board shall render a written decision at the conclusion of every hearing, and the record and decision in every hearing shall be available for inspection by any interested person.
(Added to NRS by 1963, 580; A 1977, 74)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.105 - Disciplinary action by hearing officer or panel: Procedural requirements; powers and duties of officer or panel; judicial review.

1. Any disciplinary action taken by a hearing officer or panel pursuant to NRS 459.235 is subject to the same procedural requirements which apply to disciplinary actions taken by the State Board of Health pursuant to NRS 459.100, and the officer or panel has those powers and duties given to the Board in relation thereto.
2. A decision of the hearing officer or panel imposing an administrative penalty is a final decision for the purposes of judicial review.
(Added to NRS by 1983, 1531; A 1995, 1587)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.120 - Issuance of emergency regulation or order by Division.

1. If the Division finds that an emergency exists requiring immediate action to protect the public health and safety, the Division may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as is considered necessary to meet the emergency.
2. Any person to whom such an order is directed shall comply immediately with the order, but on application to the Division the person must be afforded a hearing.
3. The emergency order specified in subsection 1 must be continued, modified or revoked within 30 days after the hearing.
(Added to NRS by 1963, 581; A 1975, 1331; 1977, 75; 1995, 1588)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.125 - Department of Transportation to develop plan for routing shipments of controlled quantities of radioactive materials and high-level radioactive waste; cooperation with Federal Government, regional organizations and other states; regulations.

1. The Department of Transportation shall:
(a) Conduct an analysis of the risks involved in the transportation of controlled quantities of radioactive materials and high-level radioactive waste within this State;
(b) Consult with each regional transportation commission and the governing body of the largest city in each county which does not have a regional transportation commission to determine the safest routes for the transportation of controlled quantities of radioactive materials and high-level radioactive waste; and
(c) Develop and enforce a plan for the routing of shipments of controlled quantities of radioactive materials and high-level radioactive waste in this State.
2. The Department of Transportation shall cooperate with the United States Department of Transportation, interstate regional transportation commissions and states contiguous to Nevada to develop plans for the interstate routing of shipments of controlled quantities of radioactive materials and high-level radioactive waste.
3. The Department of Transportation may:
(a) Adopt regulations necessary to carry out the provisions of this section.
(b) Cooperate with federal, state and local governmental agencies that regulate other hazardous materials.
4. As used in this section, unless the context otherwise requires:
(a) "Controlled quantity" has the meaning ascribed to "highway route controlled quantity" in 49 C.F.R. § 173.403(l);
(b) "High-level radioactive waste" has the meaning ascribed to that term in 10 C.F.R. § 60.2; and
(c) "Radioactive material" has the meaning ascribed to that term in 49 C.F.R. § 173.403(y),
as those sections existed on January 1, 1987.
(Added to NRS by 1987, 1521)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.201 - Licensing and registration of sources of ionizing radiation.

1. The State Board of Health shall, with due regard for compatibility with federal programs, adopt regulations for:
(a) General or specific licensing of persons to receive, possess or transfer radioactive materials, or devices or equipment utilizing such materials. Every such regulation shall provide for amendment, suspension or revocation of licenses.
(b) Licensing and regulation of by-product materials, source materials, special nuclear materials and other radioactive materials, including radioactive waste.
(c) Control of other sources of ionizing radiation.
2. The Division may require:
(a) Registration and inspection of sources of ionizing radiation which do not require specific licensing.
(b) Compliance with specific standards to be promulgated by the State Board of Health.
3. The State Board of Health may exempt certain sources of ionizing radiation, or kinds of uses or users of such sources, from the licensing or registration requirements set forth in this section if the Board makes a finding that the exemption of such sources of ionizing radiation, or kinds of uses or users of such sources, will not constitute a significant risk to the health and safety of the public.
4. Regulations promulgated pursuant to NRS 459.010 to 459.290, inclusive, may provide for recognition of such other state or federal licenses as the State Board of Health may consider desirable, subject to such registration requirements as the State Board of Health may prescribe.
(Added to NRS by 1963, 579; A 1967, 1175; 1973, 1406; 1975, 1329; 1981, 232)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.211 - Fees for operation or use of areas for storage and disposal owned by State; fee for revenue.

The State Board of Health shall establish by regulation:
1. License fees and any other fees for the operation of state-owned areas in an amount sufficient to defray all costs of monitoring, securing or otherwise regulating the storage or disposal of radioactive materials. The person who contracts with the State for the operation of such an area is responsible for the payment of these fees.
2. Procedures for the collection of interest on delinquent fees and other accounts for the operation of disposal areas.
3. Penalties of no more than $3,000 per day for each separate failure to comply with an agreement, license, regulation or statute governing the operation of a disposal area.
4. License fees and other fees for the use of such an area to store or dispose of radioactive materials, which are chargeable against shippers or brokers in amounts sufficient to defray the costs to the State of inspecting, monitoring, securing or otherwise regulating their use of the area. In addition, the Board may establish by regulation a fee chargeable against shippers and brokers for revenue for the State of Nevada. Before establishing a fee for revenue, the Board must consider the amounts of the fees for licensing and disposal which are chargeable against the users of such areas in other states, in order that a shipper or broker be neither encouraged nor discouraged from disposing of such waste in this State, and that he or she base his or her decision about where to dispose of the waste primarily on the cost of transportation to the areas which are available for disposal. The regulations adopted pursuant to this subsection may include a method for the collection of fees from the users of an area, and each of the fees may be a percentage of the fee paid by a user to the operator of the area. The Board shall report to the Legislature at the end of January of odd-numbered years the amounts of revenue paid to the State for the use of such areas in the preceding biennium.
(Added to NRS by 1977, 112; A 1981, 233, 888)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.221 - License to use area for disposal required; violations concerning shipping; penalties; suspension, revocation or reinstatement of license.

1. A shipper or producer of radioactive waste, or a broker who receives such waste from another person for the purpose of disposal, shall not dispose of the waste in this State until he or she obtains a license from the Division to use the disposal area. The Division shall order a shipment of such waste from an unlicensed shipper or broker to be returned to him or her, except for a package which has leaked or spilled its contents, unless the package has been securely repackaged for return.
2. The Division shall issue a license to use a disposal area to a shipper or broker who demonstrates to the satisfaction of the Division that the shipper or broker will package and label the waste he or she transports or causes to be transported to the disposal area in conformity with the regulations of the State Board of Health. The Director of the Department of Health and Human Services may designate third parties to inspect and make recommendations concerning such shippers and brokers and their shipments.
3. A shipper or broker violates this section if the shipper or broker transports or causes to be transported to a disposal area any such waste:
(a) Which is not packaged or labeled in conformity with regulations of the State Board of Health;
(b) Which is not accompanied by a bill of lading or other shipping document prescribed by that Board; or
(c) Which leaks or spills from its package, unless, by way of affirmative defense, the shipper or broker proves that the carrier of the waste was responsible for the leak or spill,
and if licensed by the Division, the shipper or broker may be assessed an administrative penalty by the Division of not more than $5,000, or if not licensed, the shipper or broker is guilty of a misdemeanor.
4. Each container of such waste which is not properly packaged or labeled, or leaks or spills its contents, constitutes a separate violation, but the total amount of the penalty or fine for any one shipment must not exceed $20,000. The Division in assessing an administrative penalty, or the court in imposing a fine for a misdemeanor, shall consider the substantiality of the violation and the injury or risk of injury to persons or property in this State.
5. The Division, or the Board pursuant to NRS 459.100, may suspend or revoke a license to use a disposal area if it finds that the licensee has violated any provision of this chapter. If a license has been revoked or suspended, it may be reinstated only if the licensee demonstrates to the Division that the licensee will comply with the provisions of this chapter in all future shipments of waste.
(Added to NRS by 1981, 230; 1983, 504)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.231 - Fund for Care of Sites for Disposal of Radioactive Waste: Creation; administration; deposits; investment; interest; income.

1. There is hereby created as a special revenue fund in the State Treasury a Fund for the Care of Sites for the Disposal of Radioactive Waste. The Director of the Department of Health and Human Services is responsible for the administration of the Fund. All money held by the State Treasurer or received by the Director for that purpose must be deposited in the Fund.
2. The money in the Fund must be invested as other state funds are invested. All interest earned on the deposit or investment of the money in the Fund must be credited to the Fund, except that all interest earned on the money in the Account created pursuant to section 5 of chapter 374, Statutes of Nevada 1961, must be credited to that Account.
3. The Director may expend the annual income from the Fund for the purpose for which the Fund is created, and any income of the Fund which is unexpended at the end of any year must be added to the principal of the Fund. Except as otherwise provided in section 5 of chapter 374, Statutes of Nevada 1961, the principal of the Fund may be expended if approved by the Legislature when in regular session or by the Interim Finance Committee when the Legislature is not in session. Claims against the Fund must be paid as other claims against the State are paid.
4. Notwithstanding the provisions of this section to the contrary, money in the Fund may be expended for any purpose authorized by the Legislature.
(Added to NRS by 1981, 231; A 1983, 310; 1997, 126; 2010, 26th Special Session, 18)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.235 - Deposit of penal fines; delegation of authority to take disciplinary action; deposit of fines imposed by State Board of Health; claims for attorney’s fees and costs of investigation.

1. All penal fines imposed in the name of a county for violations of the provisions of NRS 459.010 to 459.290, inclusive, or any regulation or order adopted or issued pursuant to those provisions, must be deposited in the Fund for the Care of Sites for the Disposal of Radioactive Waste.
2. The State Board of Health may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to NRS 459.010 to 459.290, inclusive, impose and collect administrative penalties therefor and deposit the money therefrom in the Fund for the Care of Sites for the Disposal of Radioactive Waste.
3. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 2 and the State Board of Health deposits the money collected from the imposition of administrative fines with the State Treasurer for credit to the State General Fund, it may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.
(Added to NRS by 1981, 231; A 1983, 1532; 1997, 126)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.250 - Enforcement of certain provisions by peace officers of Nevada Highway Patrol; impounding or detaining of vehicles.

1. Peace officers of the Nevada Highway Patrol shall enforce those provisions of NRS 459.221 and 459.7052 to 459.728, inclusive, which govern the transport and handling of radioactive waste as they affect the safety of drivers or vehicles, the leakage or spill of radioactive waste from its package or the emission of ionizing radiation in an unsafe amount as established by the regulations of the State Board of Health.
2. The peace officer may:
(a) Impound a vehicle with unsafe equipment;
(b) Detain a vehicle, if any waste has leaked or spilled from its package or if the peace officer has detected the emission of ionizing radiation in an unsafe amount, and order the driver of the vehicle to park it in a safe place, as determined by an officer designated by the Division, pending remedial action by that Division; or
(c) Impound the vehicle or seize the license plates of the vehicle pursuant to the provisions of NRS 484A.805.
3. After a vehicle has been so detained, an officer designated by the Division may order:
(a) The vehicle to be impounded;
(b) The leaked or spilled waste to be cleaned up;
(c) The contents of any unsafe or leaking package to be repackaged; or
(d) Any other appropriate precaution or remedy,
at the expense of the shipper or broker, carrier or other person who is responsible as determined by the Division.
(Added to NRS by 1981, 231; A 1985, 1996; 1993, 846; 1997, 2002; 1999, 3349; 2017, 982)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.260 - Suspension, revocation or amending of license or registration; impounding of sources of ionizing radiation by Division.

1. The Division may suspend, revoke or amend a license or registration issued pursuant to NRS 459.201 to a person who has violated any provision of NRS 459.010 to 459.290, inclusive, or any rule, regulation or order issued pursuant thereto.
2. In the event of an emergency, the Division may impound, or order the impounding of, sources of ionizing radiation in the possession of any person who is not equipped to observe, or who fails to observe, any provision of NRS 459.010 to 459.290, inclusive, or any rules or regulations issued under NRS 459.010 to 459.290, inclusive.
(Added to NRS by 1963, 581; A 1975, 1331; 2019, 2709)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.270 - Injunctive and other relief.

1. If, in the judgment of the Division, any person is engaged in or is about to engage in any act or practice which constitutes or will constitute a violation of any provision of NRS 459.010 to 459.290, inclusive, or any rule, regulation or order issued under NRS 459.010 to 459.290, inclusive, the Division may request the Attorney General to apply to the district court for an order enjoining such act or practice, or for an order directing compliance with any provision of NRS 459.010 to 459.290, inclusive, or any rule, regulation or order issued under NRS 459.010 to 459.290, inclusive.
2. Upon a showing by the Division that such person has engaged in or is about to engage in any such act or practice, a permanent or temporary injunction, restraining order or other appropriate order may be granted by the court.
(Added to NRS by 1963, 581; A 1975, 1331)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.280 - Removal of radioactive waste, machinery or equipment by employee from area for disposal prohibited; penalties.

1. A person who is employed at an area used for the disposal of radioactive waste and removes from the disposal area any of that waste, or without prior written authorization from the Chief Medical Officer removes from the disposal area for his or her own personal use any machinery or equipment belonging to the operator of the area and used within the area where the waste is buried, 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 $10,000, or by both fine and imprisonment.
2. If a person who violates this section is employed by the operator of the disposal area, the operator may be assessed an administrative penalty of not more than $10,000, in addition to any other penalty provided by law.
(Added to NRS by 1981, 231; A 2013, 987)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.290 - Penalties.

Every person is guilty of a misdemeanor who:
1. Uses, manufactures, produces, or knowingly transports, transfers, receives, acquires, owns or possesses any source of ionizing radiation which has not been licensed or registered in accordance with the provisions of NRS 459.010 to 459.290, inclusive, and the regulations adopted under them.
2. Violates any of the provisions of NRS 459.010 to 459.290, inclusive, or any regulation or order adopted or issued under them.
(Added to NRS by 1963, 581; A 1979, 971)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.300 - Legislative findings.

The Legislature finds that tailings from active and inactive uranium and thorium mills pose a potential hazard from radiation to the health of persons in this State. It is essential for this State to regulate the activities of such mills to:
1. Assure that every reasonable effort is made to provide for the stabilization, disposal and control of such tailings in a safe and environmentally sound manner.
2. Minimize or prevent the diffusion of radon and other environmental hazards from such tailings.
3. Reduce to the greatest extent practicable the need for long-term treatment and surveillance of such tailings.
(Added to NRS by 1981, 901)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.320 - Prerequisites to issuance of license.

Before a license for the processing or extraction of ores primarily for obtaining their content of source material and disposing of by-product material is issued, the Division of Public and Behavioral Health of the Department of Health and Human Services shall:
1. Hold a hearing.
2. Provide a written analysis of the effect of the activity on the environment which must include:
(a) An assessment of the radiological and nonradiological effects on the public health;
(b) An assessment of any effect on any waterway and groundwater;
(c) A summary of any alternatives to the activity being considered; and
(d) A summary of the long-term effect of the activity.
(Added to NRS by 1981, 901; A 1995, 1588)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.330 - Terms and conditions to be contained in license.

Any specific license issued or renewed after July 1, 1981, for any activity which results in the production of by-product material must contain the terms and conditions determined by the State Board of Health to be necessary to assure that before the termination of the activity:
1. The licensee will comply with the standards for decontamination, decommission and reclamation prescribed by the State Board of Health, which must be as stringent as those standards set by the U.S. Nuclear Regulatory Commission, or its successor agency, for sites:
(a) At which ores were processed primarily for their content of uranium or thorium; and
(b) At which by-product material is deposited.
2. Ownership of any disposal site and the by-product material which resulted from the licensed activity will, upon termination of the license and subject to the provisions of NRS 459.340, be transferred to the United States or to the State of Nevada if the State of Nevada exercises the option to acquire them.
3. If ownership of the disposal site and the by-product material which resulted from the licensed activity is transferred to the United States upon termination of the state license, the money collected by the State from the licensee for long-term surveillance and maintenance of the site must be paid to the United States.
(Added to NRS by 1981, 901)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.340 - Title to site for disposal and by-products to be transferred to United States or this State before termination of production.

1. Before the termination of activity licensed under NRS 459.330, title to any disposal site and to the by-product material which resulted from the activity, including any interests therein other than land:
(a) Held in trust by the United States for any Indian tribe;
(b) Owned by an Indian tribe subject to a restriction against alienation imposed by the United States; or
(c) Owned by the United States or by the State of Nevada which is used for the disposal of by-product material,
must be transferred to the United States or to the State of Nevada unless the Nuclear Regulatory Commission or its successor agency determines, before the termination of the activity, that transfer of title is not necessary to protect the public health, safety or welfare of the persons of the State or to minimize any danger to life or property.
2. If title is transferred to the State of Nevada, the State Land Registrar shall assign the land for administration to the State Board of Health, which shall maintain the by-product material and land in such a manner as will protect the public health and safety, and the environment.
3. The State Board of Health may periodically examine, treat and rehabilitate the land containing by-product material which has been placed in its custody.
4. The transfer of title does not relieve any licensee of liability for any fraudulent or negligent acts done before the transfer.
5. Except for costs of administration and the legal fees of the transferee, the by-product material and land transferred to the United States or to the State of Nevada must be transferred without cost to the transferee.
(Added to NRS by 1981, 902)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.350 - Person exempt from licensing may be required to observe or perform remedial work.

The State Board of Health may require persons who are exempt from licensing to monitor or perform remedial work with respect to by-product material or uranium or thorium on their property and to obey such other regulations as the Board deems necessary to protect health or minimize danger to life or property.
(Added to NRS by 1981, 902)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.380 - Legislative declaration.

The Legislature hereby declares that the purposes of NRS 459.380 to 459.3874, inclusive, are to:
1. Protect the health, safety and general welfare of the residents of this State from the effects of the improper handling of hazardous chemicals or explosives at the point where:
(a) The chemicals are produced, used or stored in this State; or
(b) The explosives are manufactured for sale in this State;
2. Ensure that the employees of this State who are required to work with hazardous chemicals or explosives are guaranteed a safe and healthful working environment;
3. Protect the natural resources of this State by preventing and mitigating accidental or unexpected releases of hazardous chemicals into the environment; and
4. Ensure the safe and adequate handling of:
(a) Hazardous chemicals that are produced, used, stored or handled in this State; and
(b) Explosives that are manufactured for sale in this State.
(Added to NRS by 1991, 1994; A 1999, 1125)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.3802 - Definitions.

As used in NRS 459.380 to 459.3874, inclusive, unless the context otherwise requires, the words and terms defined in NRS 459.3806 to 459.38125, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1991, 1994; A 1999, 1125, 1919, 2007; 2003, 1595)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.38075 - "Facility" defined.

"Facility" means a building, equipment and contiguous area where:
1. Highly hazardous substances are produced, used, stored or handled; or
2. Explosives are manufactured for sale.
(Added to NRS by 1991, 1994; A 1999, 1125; 2003, 1595)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.3809 - "Process" defined.

"Process" means:
1. Any activity that involves a highly hazardous substance or explosive, including, without limitation, the use, storage, manufacture, handling or on-site movement, or any combination thereof of the substance or explosive.
2. A group of vessels that are used in connection with such an activity, including vessels that are:
(a) Interconnected; or
(b) Separate, but located in such a manner that a highly hazardous substance or explosive could potentially be released, including, without limitation, the release, fire or explosion in one vessel that could cause a release, fire or explosion in another vessel.
3. As used in this section:
(a) "Explosive" means any material designated as subject to regulation as an explosive pursuant to NRS 459.3816; and
(b) "Highly hazardous substance" means a substance designated as highly hazardous pursuant to NRS 459.3816.
(Added to NRS by 1999, 2006; A 2003, 1595)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.3813 - Applicability of statutory provisions and regulations to certain facilities; exemptions.

1. Except as otherwise provided in this section and NRS 459.3814, the provisions of NRS 459.380 to 459.3874, inclusive, and any regulations adopted pursuant thereto, apply to a facility:
(a) That is constructing or operating a process which involves a highly hazardous substance in a quantity:
(1) Equal to or greater than the amount designated pursuant to NRS 459.3816; or
(2) Less than the amount designated pursuant to NRS 459.3816 if there are two or more releases from the facility of the same or different highly hazardous substances during any 12-month period and:
(I) The release of the highly hazardous substances is reportable pursuant to 40 C.F.R. Part 302; or
(II) Each quantity released is equal to or greater than a maximum quantity allowable as established by regulation of the State Environmental Commission; or
(b) Where explosives are manufactured for sale.
2. The owner or operator of a facility that is constructing or operating a process described in subsection 1 shall ensure that each process constructed or operated by the facility complies with the provisions of NRS 459.380 to 459.3874, inclusive, and any regulations adopted pursuant thereto.
3. A facility described in subparagraph (2) of paragraph (a) of subsection 1 is exempt from the provisions of NRS 459.380 to 459.3874, inclusive, and any regulations adopted pursuant thereto if:
(a) The Division determines that the owner or operator of the facility has complied with such provisions of NRS 459.380 to 459.3874, inclusive, and the regulations adopted pursuant thereto, as the Division requires; and
(b) The owner or operator of the facility obtains an exemption from the State Environmental Commission. The State Environmental Commission shall adopt by regulation the procedures for obtaining such an exemption.
4. As used in this section:
(a) "Explosive" means any material designated as subject to regulation as an explosive pursuant to NRS 459.3816.
(b) "Highly hazardous substance" means a substance designated as highly hazardous pursuant to NRS 459.3816.
(Added to NRS by 1997, 1396; A 1999, 1126; 2003, 1596)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.3814 - Applicability of statutory provisions: Excluded activities.

The provisions of NRS 459.380 to 459.3874, inclusive, do not apply to:
1. The transportation of any hazardous substances within or through this State which is regulated by the State or the United States Department of Transportation.
2. Any final use of anhydrous ammonia for an agricultural purpose, including storage of the substance on the premises of a farm.
3. Activities which are regulated pursuant to both 30 U.S.C. §§ 801 et seq. and 42 U.S.C. § 7412(r).
(Added to NRS by 1991, 1994; A 1993, 149, 837; 1997, 1398; 2003, 1596)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.3816 - Designation of highly hazardous substances and explosives: Regulations; amendment.

1. The State Environmental Commission shall adopt regulations:
(a) Designating a list of highly hazardous substances, including, without limitation, any chemical, the release of which into the environment or the involvement of which in a fire or explosion would produce a significant likelihood that persons exposed would suffer death or substantial bodily harm as a consequence of the exposure; and
(b) Designating for each such substance a quantity which requires the regulation of that substance pursuant to NRS 459.380 to 459.3874, inclusive, and any regulations adopted pursuant thereto.
2. The Division shall regularly examine sources of information available to it, including, without limitation, studies, guidelines and regulations of the Federal Government and the provisions set forth in 29 U.S.C. § 655 and 42 U.S.C. § 7412(r), and may propose that the State Environmental Commission add or delete a substance or otherwise amend the list of substances and quantities adopted pursuant to subsection 1.
3. The State Environmental Commission shall adopt regulations designating specific materials that are subject to regulation as explosives pursuant to NRS 459.380 to 459.3874, inclusive, and any regulations adopted pursuant thereto.
4. The Division shall regularly examine sources of information available to it, including, without limitation, studies, guidelines and regulations of the Federal Government and the provisions set forth in 18 U.S.C. §§ 841, et seq., and shall consult with the Division of Industrial Relations of the Department of Business and Industry to determine materials that should be regulated as explosives. The Division may propose that the State Environmental Commission add or delete a material or otherwise amend the list of materials adopted pursuant to subsection 3.
(Added to NRS by 1991, 1995; A 1993, 590, 1630; 1997, 1398; 1999, 1116, 1212; 2001, 79; 2003, 1597)