reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 459 - Hazardous Materials › STORAGE TANKS › Section 459.9948 - Underground storage tanks: Under-dispenser container required for certain motor fuel dispensers

Current through June 11,
				  2024
1. Except as
				  otherwise provided in subsection 3, under-dispenser containment is required for
				  all new fuel dispenser systems that are installed on or after July 1, 2008, at
				  a location where there was no previous dispenser or at a location to replace an
				  existing dispenser and the equipment used to connect the dispenser to the
				  underground storage tank is replaced.
2. Under-dispenser containment must:
(a) Meet the criteria prescribed in
				  40 C.F.R. §
										280.20(f);
(b) Be compatible with the substance conveyed
				  by dispenser piping; and
(c) At all
				  times, be made available for inspection by the Division.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › STORAGE TANKS › Section 459.9949 - Underground storage tanks: Exemption from requirements to implement secondary containment system or install under-dispenser container (Repealed)

Current through June 11, 2024
Added to NAC by Environmental
				  Comm'n by R005-08, eff. 4-17-2008; R by
				  R106-16A,
				  eff. 11/2/2016
NRS
				  459.826
Nevada Administrative Code › Chapter 459 - Hazardous Materials › STORAGE TANKS › Section 459.99495 - Underground storage tanks: Retraining of Class A operators or Class B operators under certain circumstances (Repealed)

Current through June
				  11, 2024
Added to NAC by Environmental
				  Comm'n by R052-11, 5-30-2012, eff. 8-8-2012; R by
				  R106-16A,
				  eff. 11/2/2016
NRS
				  459.826
Nevada Administrative Code › Chapter 459 - Hazardous Materials › STORAGE TANKS › Section 459.995 - Financial responsibility of owners and operators

Current through
				  June 11, 2024
1. If
				  requested by the Division, each owner and operator of a registered storage tank
				  shall submit to the Division evidence of his or her financial responsibility.
				  As used in this subsection, "registered storage tank" means a storage tank
				  operated by a person who is:
(a) Required to
				  demonstrate financial responsibility pursuant to
				  40 C.F.R.
				  §
										280.93; or
(b) Required to or who elects to register the
				  storage tank pursuant to
				  NRS
				  445C.340 or
				  445C.410.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › STORAGE TANKS › Section 459.996 - Releases: Reporting; protection of site; inspection by Division

Current through June 11, 2024
1. The owner or operator of a storage tank
				  shall report any release promptly in accordance with the requirements of NAC
				  445A.347 and
				  40 C.F.R. §
									280.61 if the release from the storage tank
				  is confirmed in accordance with the provisions of
				  40 C.F.R. §
									280.52. The owner or operator shall submit
				  the report regardless of the amount of the release for which the report is
				  submitted.
2. The owner or operator
				  of a facility where a storage tank is located shall, in accordance with the
				  reportable quantities established in NAC 445A.347 and
				  40 C.F.R. §
									280.53, report each spill or overfill and the
				  discovery of any soil contaminated by any previous spill or overfill.
3. The owner or operator shall take all steps
				  for initial response and abatement prescribed in
				  40
				  C.F.R. §§
									280.60,
				  280.61 and
				  280.62
				  to protect the site of the release from further damage.
4. The owner or operator shall permit the
				  Division to inspect any property or records relating to the release or damage
				  caused by the release.
5. As used
				  in this section, "spill or overfill" means any release of a regulated substance
				  that occurs:
(a) Above the surface of the
				  ground at a facility where a storage tank is located;
(b) From a fuel dispenser system, aboveground
				  or above the shear valve ; or
(c)
				  From any ancillary equipment for the storage tank system that:
(1) Is not included in any system for the
				  detection of a leak; and
(2) Is
				  accessible to visual inspection.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › STORAGE TANKS › Section 459.9972 - Assessment required before closure of tank; notice of contaminated soil or groundwater; removal of tank from ground

Current through June 11,
				  2024
1. The owner or
				  operator of a storage tank shall provide an assessment to the Division before a
				  storage tank is permanently closed.
2. The assessment must be conducted:
(a) Using analytical test method 8015 of the
				  Environmental Protection Agency that is modified for petroleum hydrocarbons and
				  other constituents as required by the Division;
(b) On two soil samples that are obtained
				  from native soil less than 2 feet below the bottom of the excavation of the
				  tank, from opposite sides or ends of the excavation in an area where
				  contamination is most likely to be present ;
(c) On a soil sample that is obtained from
				  native soil less than 2 feet below the piping that supplies each dispenser
				  system or beneath the under-dispenser containment of each dispenser;
				  and
(d) On any additional soil
				  samples obtained from locations specified by the Division.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › STORAGE TANKS › Section 459.9985 - No relief of responsibility to secure approval or permit

Current
				  through June 11, 2024
NAC 459.9972 does not relieve
				  the owner or operator of the responsibility for securing an approval or permit
				  from other governmental or regulatory entities.
Added to NAC by Environmental
				  Comm'n, eff. 10-9-90; A by R189-08, 8-25-2009
NRS
				  459.826
Nevada Administrative Code › Chapter 459 - Hazardous Materials › STORAGE TANKS › Section 459.9988 - Corrective action concerning soil or groundwater; assessment of contaminated soil or water

Current through June 11,
				  2024
1. An owner or
				  operator of a storage tank who submits a report pursuant to NAC 459.996 or a
				  notice pursuant to NAC 459.9972 shall comply with the provisions of NAC
				  445A.226 to 445A.22755, inclusive. The Division may allow the owner or operator
				  to use any alternative technology approved by the Division when taking any
				  corrective action concerning soil or groundwater pursuant to those
				  provisions.
2. If the report or
				  notice indicates that a regulated substance has been released, the Division may
				  require the owner or operator to assess any soil or water contaminated by the
				  release to determine whether the presence of any hazardous waste was created by
				  the release.
3. As used in this
				  section, "hazardous waste" has the meaning ascribed to it in NAC
				  445A.826.
Added to NAC by Environmental
				  Comm'n by R189-08, eff. 8-25-2009
NRS
				  459.826,
				  459.834
Nevada Administrative Code › Chapter 459 - Hazardous Materials › STORAGE TANKS › Section 459.999 - Severability

Current through June 11, 2024
If any
				  provision of NAC 459.9921 to 459.999, inclusive, or the application of any such
				  provision to any person, thing or circumstance is held invalid, it is intended
				  that the invalidity not affect the remaining provisions, or their application,
				  that can be given effect without the invalid provision or
				  application.
Added to NAC by Environmental
				  Comm'n, eff. 6-11-90; A 10-9-90; R004-08 & R005-08, 4-17-2008; R189-08,
				  8-25-2009
NRS
				  459.826
Nevada Administrative Code › Chapter 459 - Hazardous Materials › FUND FOR BROWNFIELD PROJECTS › General Provisions › Section 459.9991 - Definitions

Current through June 11, 2024
As used in
				  NAC 459.9991 to 459.99939, inclusive, unless the context otherwise requires,
				  the words and terms defined in NAC 459.99911 to 459.99923, inclusive, have the
				  meanings ascribed to them in those sections.
Added to NAC by Environmental
				  Comm'n by R084-04, eff. 10-8-2004
NRS
				  459.892
Nevada Administrative Code › Chapter 459 - Hazardous Materials › FUND FOR BROWNFIELD PROJECTS › General Provisions › Section 459.99911 - "Applicant" defined

Current through June 11,
				  2024
"Applicant" means any person who has submitted
				  an application to the Division for financial assistance from the Fund.
Added to NAC by Environmental
				  Comm'n by R084-04, eff. 10-8-2004
NRS
				  459.892
Nevada Administrative Code › Chapter 459 - Hazardous Materials › FUND FOR BROWNFIELD PROJECTS › General Provisions › Section 459.99912 - "Brownfield site" defined

Current through June 11,
				  2024
"Brownfield site" has the meaning ascribed to
				  it in
				  NRS
				  459.866.
Added to NAC by Environmental
				  Comm'n by R084-04, eff. 10-8-2004
NRS
				  459.892
Nevada Administrative Code › Chapter 459 - Hazardous Materials › FUND FOR BROWNFIELD PROJECTS › General Provisions › Section 459.99913 - "Corrective action" defined

Current through June 11,
				  2024
"Corrective action" means any action taken at a
				  brownfield site pursuant to the requirements of NAC 445A.226 to 445A.22755,
				  inclusive.
Added to NAC by Environmental
				  Comm'n by R084-04, eff. 10-8-2004; A by R189-08,
				  8-25-2009
NRS
				  459.892
Nevada Administrative Code › Chapter 459 - Hazardous Materials › FUND FOR BROWNFIELD PROJECTS › General Provisions › Section 459.99914 - "Disadvantaged business" defined

Current through June 11,
				  2024
"Disadvantaged business" means a business owned
				  or controlled by women or members of a racial or ethnic minority group.
Added to NAC by Environmental
				  Comm'n by R084-04, eff. 10-8-2004
NRS
				  459.892
Nevada Administrative Code › Chapter 459 - Hazardous Materials › FUND FOR BROWNFIELD PROJECTS › General Provisions › Section 459.99915 - "Division" defined

Current through June 11,
				  2024
"Division" means the Division of Environmental
				  Protection of the State Department of Conservation and Natural
				  Resources.
Added to NAC by Environmental
				  Comm'n by R084-04, eff. 10-8-2004
NRS
				  459.892
Nevada Administrative Code › Chapter 459 - Hazardous Materials › FUND FOR BROWNFIELD PROJECTS › General Provisions › Section 459.99916 - "Eligible entity" defined

Current through June 11,
				  2024
"Eligible entity" has the meaning ascribed to
				  it in
				  42 U.S.C. §
										9604(k)(1), except that the
				  term:
1. Includes a nonprofit
				  organization; and
2. Does not
				  include:
(a) A government entity created by a
				  state legislature;
(b) An Alaska
				  Native Regional Corporation or an Alaska Native Village Corporation, as defined
				  in the Alaska Native Claims Settlement Act,
				  43 U.S.C.
				  §§
											1601 et seq., or the Metlakatla
				  Indian Community; or
(c) Any person
				  who is otherwise ineligible to receive a loan from the Fund pursuant to NAC
				  459.99924.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › FUND FOR BROWNFIELD PROJECTS › General Provisions › Section 459.99917 - "Financial assistance" defined

Current through June 11,
				  2024
"Financial assistance" means a loan or subgrant
				  from the Fund.
Added to NAC by Environmental
				  Comm'n by R084-04, eff. 10-8-2004
NRS
				  459.892
Nevada Administrative Code › Chapter 459 - Hazardous Materials › FUND FOR BROWNFIELD PROJECTS › General Provisions › Section 459.99918 - "Fund" defined

Current through June 11,
				  2024
"Fund" means the Fund for Brownfield Projects
				  created by
				  NRS
				  459.878.
Added to NAC by Environmental
				  Comm'n by R084-04, eff. 10-8-2004
NRS
				  459.892
Nevada Administrative Code › Chapter 459 - Hazardous Materials › FUND FOR BROWNFIELD PROJECTS › General Provisions › Section 459.99919 - "Hazardous substance" defined

Current through June 11,
				  2024
"Hazardous substance" has the meaning ascribed
				  to it in
				  NRS
				  459.429.
Added to NAC by Environmental
				  Comm'n by R084-04, eff. 10-8-2004
NRS
				  459.892
Nevada Administrative Code › Chapter 459 - Hazardous Materials › FUND FOR BROWNFIELD PROJECTS › General Provisions › Section 459.9992 - "Person" defined

Current through June 11,
				  2024
"Person" includes a government, governmental
				  agency or political subdivision of a government.
Added to NAC by Environmental
				  Comm'n by R084-04, eff. 10-8-2004
NRS
				  459.892
Nevada Administrative Code › Chapter 459 - Hazardous Materials › FUND FOR BROWNFIELD PROJECTS › General Provisions › Section 459.99921 - "Program for voluntary cleanup" defined

Current through June 11,
				  2024
"Program for voluntary cleanup" means the
				  program established in
				  NRS 459.610 to
				  459.658,
				  inclusive.
Added to NAC by Environmental
				  Comm'n by R084-04, eff. 10-8-2004
NRS
				  459.892
Nevada Administrative Code › Chapter 459 - Hazardous Materials › FUND FOR BROWNFIELD PROJECTS › General Provisions › Section 459.99922 - "Property" defined

Current through June 11,
				  2024
"Property" means real property located in this
				  State where a brownfield site is located.
Added to NAC by Environmental
				  Comm'n by R084-04, eff. 10-8-2004
NRS
				  459.892
Nevada Administrative Code › Chapter 459 - Hazardous Materials › FUND FOR BROWNFIELD PROJECTS › General Provisions › Section 459.99923 - "Recipient" defined

Current through June 11,
				  2024
"Recipient" means a person, including an
				  eligible entity, who receives financial assistance from the
				  Fund.
Added to NAC by Environmental
				  Comm'n by R084-04, eff. 10-8-2004
NRS
				  459.892
Nevada Administrative Code › Chapter 459 - Hazardous Materials › FUND FOR BROWNFIELD PROJECTS › Loans From Fund › Section 459.99924 - Eligibility for loan: Ineligible persons

Current through June 11,
				  2024
A person is ineligible to receive a loan from
				  the Fund with respect to a property if the person:
1. Is subject to a pending investigation or
				  ongoing enforcement action of the Federal Government pursuant to the Resource
				  Conservation and Recovery Act of 1976,
				  42 U.S.C. §§
										6901 et seq., or the Comprehensive
				  Environmental Response, Compensation, and Liability Act of 1980,
				  42
				  U.S.C. §§
										9601 et seq.;
2. Is subject to a pending investigation or
				  ongoing enforcement action of the Division with respect to the property;
				  or
3. Was an owner or operator of
				  the property who caused or contributed to the release of the hazardous
				  substance which would be the subject of the cleanup using a loan from the
				  Fund.
Added to NAC by Environmental
				  Comm'n by R084-04, eff. 10-8-2004
NRS
				  459.892
Nevada Administrative Code › Chapter 459 - Hazardous Materials › FUND FOR BROWNFIELD PROJECTS › Loans From Fund › Section 459.99925 - Eligibility for loan: Requirements for site

Current through June
				  11, 2024
1. Except as
				  otherwise provided in this section, for an applicant to be eligible for a loan
				  from the Fund with respect to a property, the property must contain the site of
				  a release of a hazardous substance, pollutant or petroleum product and qualify
				  as a brownfield site.
2. An
				  applicant may be eligible for a loan from the Fund with respect to a disposal
				  site only if the Division determines that:
(a)
				  The disposal site poses a threat to human health or the environment because of
				  the presence of a hazardous substance and presents a danger to human health
				  beyond any physical hazards that may be present at the disposal site;
(b) The disposal site was closed before the
				  enactment of the Hazardous and Solid Waste Amendments of 1984,
				  42 U.S.C. §§
											6901 et seq.; and
(c) Corrective action is not required by the
				  Division pursuant to NAC 444.7481 to 444.7499, inclusive.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › FUND FOR BROWNFIELD PROJECTS › Loans From Fund › Section 459.99926 - Application for loan: Submission; form and contents

Current
				  through June 11, 2024
1.
				  A person may submit an application for a loan from the Fund at any time. The
				  application must be submitted on a form prescribed by the Division.
2. An application for a loan from the Fund
				  must include:
(a) An accurate description of
				  the property;
(b) Documentation of
				  a source of loan repayment;
(c) An
				  agreement that the applicant or, if the applicant does not own the property,
				  the owner of the property will, if required pursuant to NAC 459.99928, grant a
				  security interest in the property to the Division to secure the financing
				  necessary for the completion of the corrective action;
(d) Documentation that the planned future
				  development of the property is consistent with the current and reasonably
				  foreseeable future land uses in the area;
(e) An accounting of the total debt against
				  the property;
(f) An appraisal of
				  the estimated value of the property after all necessary corrective actions are
				  complete;
(g) A copy of a phase I
				  and phase II environmental assessment of the site which is performed in a
				  manner consistent with the requirements established by the Division or ASTM
				  International; and
(h) A detailed
				  credit history of the applicant.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › FUND FOR BROWNFIELD PROJECTS › Loans From Fund › Section 459.99927 - Application for loan: Additional requirements for certain applicants

Current through June 11, 2024
1. If an applicant for a loan from the Fund
				  is not the property owner of the brownfield site, the applicant must submit
				  with the application a copy of a written option that entitles the applicant to
				  purchase the property.
2. If the
				  applicant is a governmental entity, the applicant must demonstrate that it has
				  the legal authority to enter into a legally binding obligation to repay the
				  loan.
Added to NAC by Environmental
				  Comm'n by R084-04, eff. 10-8-2004
NRS
				  459.892
Nevada Administrative Code › Chapter 459 - Hazardous Materials › FUND FOR BROWNFIELD PROJECTS › Loans From Fund › Section 459.99928 - Application for loan: Provision of collateral

Current through June
				  11, 2024
The Division may require an applicant for a
				  loan from the Fund to provide collateral in an amount that is equal to the
				  amount of the loan. The required collateral may include, without limitation,
				  the granting to the Division of a security interest in the property for which
				  the loan is being sought.
Added to NAC by Environmental
				  Comm'n by R084-04, eff. 10-8-2004
NRS
				  459.892
Nevada Administrative Code › Chapter 459 - Hazardous Materials › FUND FOR BROWNFIELD PROJECTS › Subgrants From Fund › Section 459.99929 - Duties of Division; eligibility of applicant for subgrant

Current through June 11, 2024
1. The Division may use not more than 40
				  percent of the money in the Fund to make subgrants to eligible entities. In
				  determining whether to make a subgrant, the Division shall consider the benefit
				  of promoting the long-term availability of money from the Fund for remediation
				  at brownfield sites.
2. An
				  applicant may be eligible for a subgrant from the Fund with respect to a
				  property if:
(a) The property is owned or held
				  in trust by the applicant; and
(b)
				  The property is of a type described in NAC 459.99925 with respect to which an
				  applicant may be eligible for a loan from the Fund.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › FUND FOR BROWNFIELD PROJECTS › Subgrants From Fund › Section 459.9993 - Application for subgrant: Submission; form and contents; consideration for approval

Current through June 11,
				  2024
1. An eligible
				  entity may submit an application for a subgrant from the Fund with respect to a
				  property at any time.
2. The
				  application must be submitted on a form prescribed by the Division and include:
(a) A demonstration that the applicant is an
				  eligible entity;
(b) A detailed
				  description of the intended redevelopment of the property and its projected
				  benefits; and
(c) A statement as to
				  whether there is an intention to transfer ownership of the property after the
				  corrective action is completed.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › FUND FOR BROWNFIELD PROJECTS › Subgrants From Fund › Section 459.99931 - Duties of recipient upon completion of cleanup

Current through
				  June 11, 2024
Upon completion of the cleanup of a
				  brownfield site with respect to which a subgrant has been made, the eligible
				  entity that received the subgrant shall close out the account for the subgrant
				  in the manner required by the Division. The eligible entity shall promptly
				  remit to the Division for deposit in the Fund all money from the subgrant which
				  has not been expended or committed for expenditure for the cleanup of the
				  brownfield site as of the date established by the Division for closing the
				  account.
Added to NAC by Environmental
				  Comm'n by R084-04, eff. 10-8-2004
NRS
				  459.892
Nevada Administrative Code › Chapter 459 - Hazardous Materials › FUND FOR BROWNFIELD PROJECTS › Recipients of Financial Assistance › Section 459.99932 - Conditions for payment and repayment of financial assistance

Current through June 11, 2024
1. As soon as an agreement for financial
				  assistance between the Division and a recipient is signed and the money is
				  available, the entire amount of the financial assistance will be paid to the
				  recipient.
2. Conditions for the
				  payment and any repayment of financial assistance from the Fund:
(a) Must be set forth in the agreement for
				  financial assistance between the Division and the recipient; and
(b) Are subject to any requirements and
				  limitations that may be imposed by the United States Environmental Protection
				  Agency.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › FUND FOR BROWNFIELD PROJECTS › Recipients of Financial Assistance › Section 459.99933 - Use of money received as financial assistance

Current through June
				  11, 2024
1. A recipient
				  may not use money received as financial assistance for the payment of:
(a) The application fee for the program for
				  voluntary cleanup;
(b) The recovery
				  by the Division of costs incurred by the Division under the program for
				  voluntary cleanup;
(c) Costs for
				  precleanup environmental response activities, such as site assessment,
				  identification and characterization;
(d) Costs for activities related to site
				  development and construction that are not corrective actions;
(e) Costs for monitoring and data collection
				  that are necessary to apply for, or comply with, environmental permits required
				  by other state or federal laws unless such a permit is a required component of
				  the corrective action; or
(f) A
				  penalty or fine.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › FUND FOR BROWNFIELD PROJECTS › Recipients of Financial Assistance › Section 459.99934 - Cleanup by recipient enrolled in program for voluntary cleanup

Current through June 11, 2024
1. Any cleanup of a brownfield site financed
				  with money from the Fund by a recipient who is enrolled in the program for
				  voluntary cleanup must be done in compliance with
				  NRS 459.610 to
				  459.658,
				  inclusive, and NAC 459.973 to 459.9743, inclusive.
2. The Division may withdraw financial
				  assistance paid to a recipient if the Division determines that the recipient is
				  not complying with the requirements set forth in
				  NRS 459.610 to
				  459.658,
				  inclusive, and NAC 459.973 to 459.9743, inclusive.
Added to NAC by Environmental
				  Comm'n by R084-04, eff. 10-8-2004
NRS
				  459.892
Nevada Administrative Code › Chapter 459 - Hazardous Materials › FUND FOR BROWNFIELD PROJECTS › Recipients of Financial Assistance › Section 459.99935 - Cleanup by recipient not enrolled in program for voluntary cleanup

Current through June 11, 2024
1. Any cleanup of a brownfield site financed
				  with money from the Fund by a recipient who is not enrolled in the program for
				  voluntary cleanup must be done in compliance with NAC 445A.226 to 445A.22755,
				  inclusive.
2. Before approving a
				  plan and schedule for completing the corrective action that is submitted by the
				  recipient pursuant to NAC 445A.2271 or 445A.2273, the Division must:
(a) Publish a notice and brief summary of the
				  plan and schedule in a newspaper of general circulation in the county where the
				  brownfield site is located;
(b)
				  Make an electronic version of the entire plan and schedule available on its
				  Internet website;
(c) Make
				  reasonable efforts to provide personal notice to all owners and residents of
				  property located within 500 yards of the outer boundary of the property on
				  which the corrective action is to be performed; and
(d) Provide 30 days for the submission of
				  written comments by the public.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › FUND FOR BROWNFIELD PROJECTS › Recipients of Financial Assistance › Section 459.99936 - Certification of compliance with federal requirements; maintenance of records and accounts; audit of financial records

Current through June 11,
				  2024
1. Before a
				  contract for financial assistance is transmitted to a recipient for signature,
				  the recipient must certify that it has complied and will continue to comply
				  with all requirements of federal law that apply to the operation of the
				  Fund.
2. A recipient shall:
(a) Establish an official file that contains
				  an adequate record of all significant actions relating to the brownfield
				  site;
(b) Establish accounts that
				  accurately and adequately show all amounts of money:
(1) Received as financial assistance from the
				  Fund;
(2) Spent on the brownfield
				  site; and
(3) Used to comply with
				  requirements concerning matching money;
(c) Establish a system of accounting which
				  ensures that the final total costs relating to the cleanup of the brownfield
				  site, including all direct and indirect costs, are recorded
				  accurately;
(d) Establish and
				  maintain such other accounts and records as are required by the Division to
				  comply with requirements for reporting established by the Federal Government;
				  and
(e) Retain all records relating
				  to the brownfield site for:
(1) At least 3
				  years after the final repayment of financial assistance or the date on which
				  the account for the subgrant is closed out by the Division, as appropriate;
				  or
(2) Such longer period as
				  required by the Division.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › FUND FOR BROWNFIELD PROJECTS › Recipients of Financial Assistance › Section 459.99937 - Contracts for remedial services

Current through June 11,
				  2024
Before a recipient may contract for remedial
				  services relating to a brownfield site which involves money from the Fund, the
				  recipient must submit to the Division, in the form prescribed by the Division,
				  a request for approval of the contract. The Division may approve the contract
				  only if the contract is being awarded to the lowest responsive, responsible
				  bidder. The Division shall review the request for approval to ensure that the
				  recipient, its consultants and its contractors have complied with the
				  requirements set forth in NAC 459.99938 relating to disadvantaged businesses.
				  The Division shall not participate in the resolution of any dispute concerning
				  bidding relating to the contract for remedial services. The resolution of any
				  such dispute is the sole responsibility of the recipient. The Division shall
				  not approve a request for the approval of a contract for remedial services
				  until all such disputes have been resolved.
Added to NAC by Environmental
				  Comm'n by R084-04, eff. 10-8-2004
NRS
				  459.892
Nevada Administrative Code › Chapter 459 - Hazardous Materials › FUND FOR BROWNFIELD PROJECTS › Recipients of Financial Assistance › Section 459.99938 - Compliance with certain labor laws; participation of disadvantaged businesses

Current through June 11,
				  2024
1. A recipient
				  shall comply with all applicable provisions of the Davis-Bacon Act,
				  40
				  U.S.C. §§
										3141 et seq., and
				  NRS 338.010 to
				  338.090, inclusive. The
				  Division shall review the final contract documents to verify that the proper
				  determinations of wages pursuant to federal and state law have been included.
				  The recipient is responsible for ensuring compliance with all applicable labor
				  laws.
2. An applicant for and
				  recipient of financial assistance shall comply with the requirements of federal
				  law concerning the participation of disadvantaged businesses.
3. A recipient of financial assistance shall
				  attempt to comply with the fair share percentages established annually for
				  disadvantaged businesses by the Division and the United States Environmental
				  Protection Agency. Any recipient who does not meet these goals shall submit
				  evidence of compliance with the affirmative steps set forth in subsection
				  5.
4. A recipient of financial
				  assistance shall submit with his or her request for approval of a contract for
				  remedial services a report, in the form prescribed by the Division, of
				  participation by disadvantaged businesses. If the low bidder on a contract for
				  remedial services does not meet the fair share requirements for disadvantaged
				  businesses, the recipient shall submit to the Division evidence of compliance
				  by the bidder with the affirmative steps set forth in subsection 5.
5. If the recipient awards a contract for
				  remedial services, the recipient shall take affirmative steps to ensure that
				  disadvantaged businesses are used to the extent possible as sources of
				  supplies, equipment, materials and services. These affirmative steps must
				  include, without limitation:
(a) Including
				  such businesses on solicitation lists;
(b) Ensuring that such businesses are
				  solicited if they are potential sources; and
(c) Dividing total requirements, if
				  economically feasible, into small tasks or quantities to permit maximum
				  participation by disadvantaged businesses.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › FUND FOR BROWNFIELD PROJECTS › Miscellaneous Provisions › Section 459.99939 - Liability of certain bona fide prospective purchasers or innocent purchasers for response actions or cleanup of site

Current through June 11,
				  2024
1. A person who, as
				  a bona fide prospective purchaser or an innocent purchaser, is not liable for
				  response actions or cleanup of a site pursuant to
				  NRS
				  459.930 does not become liable for response
				  actions or cleanup at the site solely because the person applied for or
				  received financial assistance from the Fund.
2. The Division may, pursuant to subsection 4
				  of
				  NRS
				  459.930, seek to recover costs relating to a
				  response action or cleanup that are incurred and unrecovered by the State of
				  Nevada with respect to a brownfield site for which a subgrant has been made to
				  a bona fide prospective purchaser of the brownfield site if:
(a) The bona fide prospective purchaser
				  intends to dispose of the property for private development upon completion of
				  the environmental cleanup; and
(b)
				  The Division determines that the recovery of such costs is in the best interest
				  of the continued operation of the Fund.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PRACTICE BEFORE STATE ENVIRONMENTAL COMMISSION › Section 459.9995 - Appeal of final decision of State Department of Conservation and Natural Resources

Current through June 11,
				  2024
1. Except for the
				  appeal of decision in a disciplinary action initiated by the Division pursuant
				  to sections 34 to 55, inclusive, of this regulation, any person who requests a
				  hearing before the State Environmental Commission concerning a final decision
				  of the State Department of Conservation and Natural Resources pursuant to
				  chapter 459 of NRS may do so by filing a request, within 10 days after notice
				  of the action of the Department, on form 3* with the State Environmental
				  Commission, 901 South Stewart Street, Suite 4001, Carson City, Nevada
				  89701-5249.
2. The provisions of
				  NAC 445B.875 to
				  445B.899, inclusive, apply to a
				  hearing of the State Environmental Commission requested pursuant to subsection
				  1.
Added to NAC by Environmental
				  Comm'n, eff. 10-29-93; A by
				  R126-19A,
				  eff. 12/29/2020
NRS
				  233B.050,
				  459.485,
				  459.500
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISCIPLINARY ACTION › Section 459.99951 - Definitions

Current through June 11, 2024
As used in
				  NAC 459.99951  to
				  459.99972, inclusive, unless the
				  context otherwise requires, the words and terms defined in NAC
				  459.99952 to
				  459.99955, inclusive, have the
				  meanings ascribed to them in those sections.
Added to NAC by
				  Bd. of Health, Radiation Control Reg by
				  R126-19A,
				  eff. 12/29/2020
NRS
				  459.485,
				  459.500
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISCIPLINARY ACTION › Section 459.99952 - "Administrator" defined

Current through June 11,
				  2024
"Administrator" means the Administrator of the
				  Division or his or her designee.
Added to NAC by
				  Bd. of Health, Radiation Control Reg by
				  R126-19A,
				  eff. 12/29/2020
NRS
				  459.485,
				  459.500
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISCIPLINARY ACTION › Section 459.99953 - "Certificate" defined

Current through June 11,
				  2024
"Certificate" means a certificate issued
				  pursuant to NAC
				  459.970 to
				  459.97295,
				  inclusive.
Added to NAC by
				  Environmental Comm'n by
				  R126-19A,
				  eff. 12/29/2020
NRS
				  459.485,
				  459.500
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISCIPLINARY ACTION › Section 459.99954 - "Hearing officer" defined

Current through June 11,
				  2024
"Hearing officer" means a person appointed by
				  the Administrator to preside over and make recommendations to the Administrator
				  concerning any disciplinary action initiated by the Division pursuant to NAC
				  459.99951 to
				  459.99972, inclusive.
Added to NAC by
				  Bd. of Health, Radiation Control Reg by
				  R126-19A,
				  eff. 12/29/2020
NRS
				  459.485,
				  459.500
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISCIPLINARY ACTION › Section 459.99955 - Respondent" defined

Current through June 11,
				  2024
"Respondent" means a person who has been sent a
				  notice of hearing pursuant to NAC
				  459.99961.
Added to NAC by
				  Bd. of Health, Radiation Control Reg by
				  R126-19A,
				  eff. 12/29/2020
NRS
				  459.485,
				  459.500
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISCIPLINARY ACTION › Section 459.99956 - Grounds

Current through June 11, 2024
In addition
				  to any other grounds for disciplinary action provided by statute or regulation,
				  the Division may take disciplinary action against a holder of a certificate if
				  the holder has:
1. Engaged in fraud or
				  deceit in obtaining or attempting to obtain or renew a certificate;
2. Cheated on any examination required to
				  obtain or renew a certificate;
3.
				  Committed an act of gross negligence, incompetence or misconduct in the
				  performance of his or her duties as a holder of a certificate;
4. Violated any requirement for a holder of a
				  certificate or aided or abetted any person in the violation of any requirement
				  for the holder of a certificate set forth in NAC
				  459.970 to
				  459.9729, inclusive;
5. Violated any requirement or aided or
				  abetted any person in the violation of any requirement of NAC
				  445A.226 to
				  445A.22755, inclusive,
				  445C.010 to
				  445C.390, inclusive,
				  459.970 to
				  459.9729, inclusive or
				  459.9921 to
				  459.99938, inclusive for services
				  performed under the direction or control of a holder of a
				  certificate;
6. Been convicted of
				  or entered a plea of guilty or nolo contendere to any crime of which an
				  essential element is dishonesty or which is directly related to any activity
				  for which a certificate is required pursuant to NAC
				  459.970 to
				  459.9729, inclusive;
7. Provided services for which a certificate
				  is required pursuant to NAC
				  459.970 to
				  459.9729, inclusive, after the
				  certificate has expired or been suspended or revoked;
8. Been disciplined by another state or
				  territory, the District of Columbia, a foreign country, the Federal Government
				  or any other governmental agency if at least one of the grounds for discipline
				  is the same as or substantially similar to any grounds set forth in this
				  section or NAC
				  459.9729;
9. Demonstrated disregard for the health and
				  safety of the public and the environment;
10. Acted outside the rights and privileges
				  of the certification that the person holds;
11. Willfully made any false statement to a
				  governmental agency with regulatory authority, or failed to correct a false
				  statement previously made, that is material to the administration or
				  enforcement of NAC
				  445A.226 to
				  445A.22755, inclusive,
				  445C.010 to
				  445C.390, inclusive,
				  459.970 to
				  459.9729, inclusive or
				  459.9921 to
				  459.99938, inclusive, regarding
				  services performed under the direction or control of the holder of a
				  certificate; or
12. Failed to
				  comply with an order issued by the Administrator.
Added to NAC by
				  Bd. of Health, Radiation Control Reg by
				  R126-19A,
				  eff. 12/29/2020
NRS
				  459.485,
				  459.500
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISCIPLINARY ACTION › Section 459.99957 - Authorized disciplinary actions by Division

Current through June
				  11, 2024
1. If the
				  Division determines that a holder of a certificate has not performed in
				  accordance with the standards set forth in NAC
				  459.9729 or has engaged in
				  conduct described in NAC
				  459.99956, the Division may take
				  the following disciplinary actions pursuant to NAC
				  459.99951 to
				  459.99972, inclusive:
(a) Revoke the certificate;
(b) Suspend the certificate;
(c) Place the holder of the certificate on
				  probation for a specified period of time; or
(d) Any other disciplinary action deemed
				  appropriate by the Division.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISCIPLINARY ACTION › Section 459.99958 - Notice of intent to take action; response; termination of action if satisfactory response provided; circumstances under which response may not be provided

Current through June 11,
				  2024
1. Except as
				  otherwise provided in NAC
				  459.99959, if the Division has
				  cause to believe that a holder of a certificate has engaged in any action that
				  constitutes grounds for disciplinary action, the Division may issue a notice of
				  intent to take disciplinary action.
2. A notice of intent to take disciplinary
				  action issued pursuant to subsection 1 must:
(a) Be sent to the holder of the certificate
				  by certified mail at the most recent mailing address identified on the
				  application for a certificate or application for renewal, as applicable;
				  and
(b) Include, without
				  limitation:
(1) A statement of the legal
				  authority for the disciplinary action;
(2) The name and contact information of the
				  employee of the Division to which the holder must send a response;
(3) A statement of the facts which support
				  the decision of the Division to take disciplinary action; and
(4) Except as otherwise provided in
				  subsection 5, a statement that the Division shall send a notice of hearing
				  pursuant to NAC
				  459.99961 if the holder does not,
				  within 10 business days after receipt of the notice issued pursuant to
				  subsection 1, provide a written response that, to the satisfaction of the
				  Division, clearly sets forth the reasons why the Division should not proceed
				  with a hearing on the alleged grounds for disciplinary action.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISCIPLINARY ACTION › Section 459.99959 - Immediate summary suspension of certificate

Current through June
				  11, 2024
1. The Division
				  may suspend a certificate without complying with the requirements of NAC
				  459.99958 if the Division finds
				  that, based upon the evidence in the possession of the Division, the public
				  health, safety or welfare imperatively requires emergency action and the
				  immediate summary suspension of the certificate.
2. If the Division summarily suspends a
				  certificate pursuant to subsection 1, the Division shall provide notice of the
				  summary suspension to the holder of the certificate by certified mail at the
				  most recent mailing address identified on the application for a certificate or
				  application for renewal, as applicable. The notice must include:
(a) The finding of the Division made pursuant
				  to subsection 1;
(b) A statement of
				  the legal authority for the disciplinary action; and
(c) A statement of the facts which support
				  the position of the Division for the disciplinary action.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISCIPLINARY ACTION › Section 459.9996 - Appointment and duties of hearing officer; change of hearing officer for good cause shown

Current through June 11,
				  2024
1. Before sending a
				  notice of hearing pursuant to NAC
				  459.99961, the Administrator
				  shall appoint a hearing officer. The hearing officer:
(a) Shall perform his or her duties in
				  addition to his or her regularly assigned duties; and
(b) Shall not hear requests for variances
				  from the requirements of any applicable regulation.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISCIPLINARY ACTION › Section 459.99961 - Notice of hearing; date of hearing

Current through June 11,
				  2024
1. The Division
				  shall send a notice of hearing to the holder of the certificate if:
(a) The holder does not provide a
				  satisfactory response setting forth the reasons why the Division should not
				  proceed with a hearing on the alleged grounds for disciplinary action pursuant
				  to subsection 2 of NAC
				  459.99958;
(b) The holder is not entitled to provide
				  such a response pursuant to subsection 5 of NAC
				  459.99958; or
(c) The Division has summarily suspended the
				  certificate pursuant to NAC
				  459.99959.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISCIPLINARY ACTION › Section 459.99962 - Written notice of witnesses and exhibits; supplemental documents; exclusion

Current through June 11, 2024
1. Except as otherwise provided in subsection
				  2, not later than 5 days before the date of the hearing set forth in the notice
				  of hearing sent pursuant to NAC
				  459.99961, the respondent must
				  provide the Division with written notice of the identity of each witness and
				  any document that the respondent may offer in support of his or her position.
				  The notice must include a copy of each document unless the document is in the
				  possession or control of the Division.
2. The respondent may supplement any
				  documents provided pursuant to subsection 1 on or before the date of the
				  hearing only if the respondent demonstrates that the supplemental documents
				  could not reasonably be obtained and provided within the time required by
				  subsection 1.
3. The hearing
				  officer may exclude any witness or exhibit that is not timely provided pursuant
				  to subsection 1.
Added to NAC by
				  Bd. of Health, Radiation Control Reg by
				  R126-19A,
				  eff. 12/29/2020
NRS
				  459.485,
				  459.500
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISCIPLINARY ACTION › Section 459.99963 - Requirements for motions and responses; motion to declare certain testimony and documents confidential

Current through June 11,
				  2024
1. All motions,
				  unless made during a hearing, must be:
(a)
				  Made in writing;
(b) Served on all
				  parties of record by mail as evidenced by a certificate of mailing;
				  and
(c) Filed with the hearing
				  officer at least 10 business days before the date of the hearing with the
				  certificate of mailing for all parties of record.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISCIPLINARY ACTION › Section 459.99964 - Order to file briefs

Current through June 11,
				  2024
1. A hearing
				  officer may order the parties to file briefs with the hearing officer before a
				  hearing.
2. Any brief filed with a
				  hearing officer must be accompanied by a certificate of mailing for all parties
				  of record.
Added to NAC by
				  Bd. of Health, Radiation Control Reg by
				  R126-19A,
				  eff. 12/29/2020
NRS
				  459.485,
				  459.500
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISCIPLINARY ACTION › Section 459.99965 - Appearance at hearing; qualifications of attorney

Current through
				  June 11, 2024
1. A party
				  may appear in person at a hearing or may be represented by an
				  attorney.
2. An attorney who
				  represents a party at a hearing must be:
(a)
				  Admitted to practice and in good standing before the highest court of any state
				  of the United States; and
(b) If
				  the attorney is not admitted to practice and in good standing before the
				  Supreme Court of Nevada, associated with an attorney who is so admitted and in
				  good standing.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISCIPLINARY ACTION › Section 459.99966 - Continuance or recess

Current through June 11,
				  2024
A hearing officer may, in his or her
				  discretion, either before or during a hearing, grant a continuance or
				  recess.
Added to NAC by
				  Bd. of Health, Radiation Control Reg by
				  R126-19A,
				  eff. 12/29/2020
NRS
				  459.485,
				  459.500
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISCIPLINARY ACTION › Section 459.99967 - Failure to appear; hearing without participation of respondent

Current through June 11, 2024
If:
1. A respondent fails to appear at a
				  hearing;
2. The hearing officer has
				  not granted a continuance;
3. The
				  Division offers proof that the respondent was given proper notice of the
				  hearing; and
4. The hearing officer
				  makes a determination that the respondent was given proper notice of the
				  hearing, the hearing officer may proceed to hear the case on its merits without
				  the participation of the respondent.
Added to NAC by
				  Bd. of Health, Radiation Control Reg by
				  R126-19A,
				  eff. 12/29/2020
NRS
				  459.485,
				  459.500
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISCIPLINARY ACTION › Section 459.99968 - Order of proceedings; preponderance of evidence; availability of electronic recording

Current through June 11,
				  2024
1. At a hearing
				  conducted pursuant to sections 34 to 55, inclusive of this regulation:
(a) The Division shall present witnesses and
				  evidence first and the respondent may cross-examine the witnesses. The Division
				  shall have an opportunity for redirect examination of the witnesses.
(b) After the Division has completed its
				  presentation of witnesses and evidence, the respondent may present witnesses
				  and evidence and the Division may cross-examine the witnesses. The respondent
				  shall have the opportunity for redirect examination of the witnesses.
(c) After the respondent has completed his or
				  her presentation of witnesses and evidence, the Division may present any
				  rebuttal witnesses and evidence and respondent may cross-examine the
				  witnesses.
(d) The hearing officer
				  may question any witness, party, counsel or representative at any
				  time.