reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 444 - Sanitation › POLYCHLORINATED BIPHENYL › Section 444.940 - Definitions

Current through June 11, 2024
As used in NAC 444.940 to 444.9555, inclusive, unless the
				context otherwise requires, the words and terms defined in NAC 444.9405 to
				444.945, inclusive, have the meanings ascribed to them in those
				sections.
Added to NAC by
				Environmental Comm'n, eff. 6-29-84; A 9-19-90
NRS 459.485
Nevada Administrative Code › Chapter 444 - Sanitation › POLYCHLORINATED BIPHENYL › Section 444.941 - "Disposal" defined

Current through June 11, 2024
"Disposal" has the meaning ascribed to it in 40 C.F.R. Part
				761.3.
Added to NAC by
				Environmental Comm'n, eff. 6-29-84; A 9-19-90
NRS 459.485
Nevada Administrative Code › Chapter 444 - Sanitation › POLYCHLORINATED BIPHENYL › Section 444.942 - "Draft permit" defined

Current through June 11, 2024
"Draft permit" means a document evidencing the proposed
				decision of the Director to issue, deny, modify, revoke, terminate or reissue a
				permit. The term includes a notice of intent to terminate a permit and a notice
				of intent to deny a permit.
Added to NAC by
				Environmental Comm'n, eff. 6-29-84; A 9-19-90
NRS 459.485
Nevada Administrative Code › Chapter 444 - Sanitation › POLYCHLORINATED BIPHENYL › Section 444.9425 - "Facility for the management of waste containing polychlorinated biphenyl" defined

Current through June 11, 2024
"Facility for the management of waste containing
				polychlorinated biphenyl" includes the contiguous land and any structure, other
				appurtenances or improvements on the land which are used for treating, storing
				or disposing of waste containing polychlorinated biphenyls. Such a facility may
				contain several units for the treatment, storage or disposal of such
				waste.
Added to NAC by
				Environmental Comm'n, eff. 6-29-84
NRS 459.485
Nevada Administrative Code › Chapter 444 - Sanitation › POLYCHLORINATED BIPHENYL › Section 444.943 - "Generator of polychlorinated biphenyl" defined

Current through June 11, 2024
"Generator of polychlorinated biphenyl" means any person who
				removes from service any item containing polychlorinated biphenyl, if such
				removal would require storage or disposal, or both, under 40 C.F.R. Part 761,
				Subpart B.
Added to NAC by
				Environmental Comm'n, eff. 6-29-84; A 9-19-90
NRS 459.485
Nevada Administrative Code › Chapter 444 - Sanitation › POLYCHLORINATED BIPHENYL › Section 444.9435 - "Polychlorinated biphenyl" defined

Current through June 11, 2024
"Polychlorinated biphenyl" has the meaning ascribed to "PCB" in
				40 C.F.R. Part 761.3.
Added to NAC by
				Environmental Comm'n, eff. 6-29-84; A 9-19-90
NRS 459.485
Nevada Administrative Code › Chapter 444 - Sanitation › POLYCHLORINATED BIPHENYL › Section 444.944 - "Site" defined

Current through June 11, 2024
"Site" means the land or water where any facility for the
				management of waste containing polychlorinated biphenyl is located. The term
				includes any:
1. Adjacent land used in
			 connection with the facility;
2.
			 Geographically contiguous parcel which is owned by the same person but
			 separated by a public or private right-of-way if access across the right-of-way
			 is not along the right-of-way but across it; and
3. Noncontiguous property owned by the same
			 person if the facility and the property are connected by a right-of-way
			 controlled by the owner and to which public access is prohibited.
Added to NAC by
				Environmental Comm'n, eff. 6-29-84
NRS 459.485
Nevada Administrative Code › Chapter 444 - Sanitation › POLYCHLORINATED BIPHENYL › Section 444.9445 - "Storage" defined

Current through June 11, 2024
"Storage" means temporary storage of waste containing
				polychlorinated biphenyl that has been designated for disposal.
Added to NAC by
				Environmental Comm'n, eff. 6-29-84
NRS 459.485
Nevada Administrative Code › Chapter 444 - Sanitation › POLYCHLORINATED BIPHENYL › Section 444.945 - "Waste containing polychlorinated biphenyl" defined

Current through June 11, 2024
"Waste containing polychlorinated biphenyl" means any
				polychlorinated biphenyl or item containing polychlorinated biphenyl subject to
				regulation under 40 C.F.R. Part 761.
Added to NAC by
				Environmental Comm'n, eff. 6-29-84; A 9-19-90
NRS 459.485
Nevada Administrative Code › Chapter 444 - Sanitation › POLYCHLORINATED BIPHENYL › Section 444.9452 - Adoption by reference of certain federal regulations

Current through June 11, 2024
1. All sections, subparts and parts of Title
			 40 of the Code of Federal Regulations referred to in NAC 444.940 to 444.9555,
			 inclusive, as modified by NAC 444.9453, are hereby adopted by reference as
			 those sections, subparts and parts existed on July 1, 2008.
2. The volumes containing those sections,
			 subparts and parts may be obtained by mail from the Superintendent of
			 Documents, U.S. Government Printing Office, P.O. Box 979050, St. Louis,
			 Missouri 63197-9000, or by toll-free telephone at (866) 512-1800, for the
			 following prices:
(a) The volume containing 40 C.F.R. Parts 260 to 265,
						inclusive.............................
$53
(b) The volume containing 40 C.F.R. Parts 266 to 299,
						inclusive.............................
50
(c) The volume containing 40 C.F.R. Parts 700 to 789,
						inclusive.............................
64
Added to NAC by
				Environmental Comm'n, eff. 9-19-90; A 11-9-95; R202-97, 3-5-98; R124-98,
				11-2-98; R170-99, 1-26-2000; R037-01, 10-25-2001; R104-02, 10-18-2002; R126-03,
				4-13-2004; R175-05, 5-4-2006; R137-07, 1-30-2008; R015-08, 4-17-2008; R153-08,
				4-23-2009
NRS 459.485
Nevada Administrative Code › Chapter 444 - Sanitation › POLYCHLORINATED BIPHENYL › Section 444.9453 - References in federal regulations to "hazardous waste" and "hazardous waste facility

Current through June 11, 2024
1. Any references
			 in any part of Title 40 of the Code of Federal Regulations to "hazardous waste"
			 which have been adopted by reference pursuant to NAC 444.9452 shall be deemed
			 to mean "waste containing polychlorinated biphenyl."
2. Any references in any part of Title 40 of
			 the Code of Federal Regulations to "hazardous waste facility" which have been
			 adopted by reference pursuant to NAC 444.9452 shall be deemed to mean
			 "polychlorinated biphenyl facility."
Added to NAC by
				Environmental Comm'n, eff. 9-19-90
NRS 459.485
Nevada Administrative Code › Chapter 444 - Sanitation › POLYCHLORINATED BIPHENYL › Section 444.946 - Generators: General duties

Current through June 11, 2024
1. A generator of
			 waste containing polychlorinated biphenyl shall not treat, store, dispose of,
			 transport or offer for transportation any waste containing polychlorinated
			 biphenyl without having received an identification number from the United
			 States Environmental Protection Agency.
2. A generator of waste containing
			 polychlorinated biphenyl shall mark his or her items as prescribed in 40 C.F.R.
			 Part 761, Subpart C.
3. A generator
			 of waste containing polychlorinated biphenyl who transports or offers for
			 transportation waste containing polychlorinated biphenyl for treatment, storage
			 or disposal at a place other than a site which is owned and operated by the
			 generator shall prepare a manifest before transporting the waste. The manifest
			 must be prepared and distributed in accordance with NAC 444.8655 and 40 C.F.R.
			 Part 262.42.
4. A generator of
			 waste containing polychlorinated biphenyl shall retain a copy of the results of
			 each test or analysis of waste containing polychlorinated biphenyl in
			 accordance with
			 40
			 C.F.R. §§
									262.40(c) and
			 262.40(d).
5. A generator of waste containing
			 polychlorinated biphenyl shall not offer the waste to transporters or to
			 facilities for its treatment, storage or disposal that do not have an
			 identification number or are not authorized to accept such waste.
Added to NAC by
				Environmental Comm'n, eff. 6-29-84; A 9-19-90;
				11-9-95
NRS 459.485
Nevada Administrative Code › Chapter 444 - Sanitation › POLYCHLORINATED BIPHENYL › Section 444.9465 - Transporters: General duties

Current through June 11, 2024
1. A transporter of
			 waste containing polychlorinated biphenyl shall not transport or accept for
			 transportation any such waste without having received an identification number
			 from the United States Environmental Protection Agency.
2. A transporter of waste containing
			 polychlorinated biphenyl shall comply with the provisions of
			 40 C.F.R. §§
									263.20 to
			 263.22,
			 inclusive.
Added to NAC by
				Environmental Comm'n, eff. 6-29-84; A 9-19-90
NRS 459.485
Nevada Administrative Code › Chapter 444 - Sanitation › POLYCHLORINATED BIPHENYL › Section 444.9475 - Restrictions on management and treatment

Current through June 11, 2024
Waste containing polychlorinated biphenyl may not be managed in
				surface impoundments or waste piles and may not be treated or managed in
				soil.
Added to NAC by
				Environmental Comm'n, eff. 6-29-84; A 9-19-90
NRS 459.485
Nevada Administrative Code › Chapter 444 - Sanitation › POLYCHLORINATED BIPHENYL › Section 444.9485 - Requirements for permit to operate or construct facility; requirements for permitted facility

Current through June 11, 2024
1. Any facility to
			 be constructed for the treatment, storage or disposal of waste containing
			 polychlorinated biphenyl must have a permit before commencement of
			 construction. The application for the permit must comply with the following
			 sections of 40 C.F.R. Part 270:
(a) Section
			 270.11;
(b) Section 270.13, except
			 for subsections (c), (f) and (j);
(c) Section 270.14, except for subsections
			 (a), (b)(2), (b)(6), (b)(9), (b)(11)(v), (b)(14), (b)(18) and (c)(1);
(d) Section 270.15, except for subsections
			 (c) and (d) and any reference to drainage systems in § 264.175;
(e) Section 270.16;
(f) Section 270.19; and
(g) Section 270.21.
Nevada Administrative Code › Chapter 444 - Sanitation › POLYCHLORINATED BIPHENYL › Section 444.949 - Director to prepare draft permit or deny application

Current through June 11, 2024
1. When the Director receives a complete
			 application for the management of waste containing polychlorinated biphenyl he
			 or she shall prepare a draft permit or deny the application.
2. The Director shall include in each draft
			 permit:
(a) All conditions of the
			 permit;
(b) All schedules set for
			 compliance; and
(c) All
			 requirements regarding the observation, detection and regulation of the
			 facility.
Nevada Administrative Code › Chapter 444 - Sanitation › POLYCHLORINATED BIPHENYL › Section 444.9495 - Public notice

Current through June 11, 2024
1. The Director
			 shall give public notice that:
(a) An
			 application for a permit for the management of waste containing polychlorinated
			 biphenyl has been tentatively denied;
(b) A draft of such a permit has been
			 prepared;
(c) A hearing concerning
			 an application or permit has been scheduled; or
(d) An appeal from a decision concerning a
			 permit has been granted.
Nevada Administrative Code › Chapter 444 - Sanitation › POLYCHLORINATED BIPHENYL › Section 444.950 - Public comment and hearings

Current through June 11, 2024
1. During the
			 period allowed for receipt of public comment and during any subsequent public
			 hearing, any interested person may submit oral or written comments and data on
			 the draft permit for the management of waste containing polychlorinated
			 biphenyl.
2. The Director may hold
			 a public hearing if he or she receives:
(a)
			 Written notice of opposition to a draft permit; and
(b) A request for a public hearing which is
			 submitted to the Director within the period allowed for public
			 comment.
Nevada Administrative Code › Chapter 444 - Sanitation › POLYCHLORINATED BIPHENYL › Section 444.9505 - Final decision by Director

Current through June 11, 2024
1. The Director
			 shall issue a final decision regarding the issuance, denial, modification,
			 revocation, reissuance or termination of a permit for the management of waste
			 containing polychlorinated biphenyl after the close of the period set to
			 receive public comment.
2. The
			 Director shall notify the applicant of his or her decision and each person who
			 has submitted written comments or requested notice of the final
			 decision.
3. A final decision
			 becomes effective 30 days after the service of notice of the decision unless:
(a) A later effective date is specified in
			 the decision;
(b) Review is
			 requested or a hearing for appeal is requested; or
(c) No comments requested a change in the
			 draft permit, in which case the permit becomes effective immediately upon
			 issuance of the final decision.
Nevada Administrative Code › Chapter 444 - Sanitation › POLYCHLORINATED BIPHENYL › Section 444.951 - Requirements specified in permit

Current through June 11, 2024
The Director shall specify in each permit for the management of
				waste containing polychlorinated biphenyl:
1. Any requirements concerning the proper
			 use, maintenance and installation of detecting equipment or methods used to
			 observe or check the permitted activity;
2. Any required observation including the
			 type, interval and frequency sufficient to yield data which are representative
			 of the observed activity; and
3.
			 Any applicable reporting requirements.
Added to NAC by
				Environmental Comm'n, eff. 6-29-84
NRS 459.485,
				  459.520,
				  459.550
Nevada Administrative Code › Chapter 444 - Sanitation › POLYCHLORINATED BIPHENYL › Section 444.9515 - Transfer of permit

Current through June 11, 2024
The holder of a permit may transfer his or her permit for the
				management of waste containing polychlorinated biphenyl to a new owner or
				operator if the permit has been modified by the Director to identify the new
				owner or operator and incorporate any other changes deemed necessary by the
				Director.
Added to NAC by
				Environmental Comm'n, eff. 6-29-84; A 9-19-90
NRS 459.485,
				  459.520
Nevada Administrative Code › Chapter 444 - Sanitation › POLYCHLORINATED BIPHENYL › Section 444.952 - Modification of permit; revocation and reissuance

Current through June 11, 2024
1. The
			 Director may modify a permit for the management of waste containing
			 polychlorinated biphenyl if:
(a) The holder
			 files a request to make substantial alterations, additions or changes to the
			 facility or activity after issuance of the permit;
(b) The Director has received information
			 which was not available at the time the permit was issued and which would have
			 justified the imposition of different conditions upon the holder of the
			 permit;
(c) The standards or
			 regulations on which the permit was based have been changed by amendment or by
			 judicial decision after the permit was issued;
(d) The Director determines that good cause
			 exists for modification of a schedule for compliance, such as a strike, a
			 shortage of materials, a flood or other act of God, or some other event over
			 which the holder has little or no control and for which there is no reasonably
			 available remedy;
(e) The Director
			 receives new information that the facility in its existing location constitutes
			 a threat to human health or the environment;
(f) The holder files a request for a variance
			 from the level of required financial responsibility or the Director finds that
			 an adjustment of the level of financial responsibility is necessary;
(g) The Director has received notification of
			 a proposed transfer of the permit;
(h) One of the causes set forth in NAC
			 444.9525 exists for the termination of a permit and the Director determines
			 that modification or revocation and reissuance is appropriate; or
(i) The Director determines that:
(1) Extension and modification of the time
			 for closing the facility;
(2)
			 Continuation of requirements for security at the facility; or
(3) Disturbing the integrity of the system
			 for containment of waste at the facility, is unwarranted.
Nevada Administrative Code › Chapter 444 - Sanitation › POLYCHLORINATED BIPHENYL › Section 444.9525 - Notice of intent to terminate permit

Current through June 11, 2024
When the Director decides to terminate a permit for the
				management of waste containing polychlorinated biphenyl the Director shall
				issue a notice of his or her intent to terminate and follow the same procedure
				as for a draft permit. The following are causes for terminating a permit during
				its term or for denying renewal:
1.
			 Noncompliance by the permittee with any condition of the permit;
2. The permittee's misrepresentation or
			 failure to disclose fully all relevant facts; or
3. A determination by the Director that the
			 permitted activity endangers human health or the environment and can only be
			 returned to acceptable levels by modification or termination.
Added to NAC by
				Environmental Comm'n, eff. 6-29-84
NRS 459.485,
				  459.520
Nevada Administrative Code › Chapter 444 - Sanitation › POLYCHLORINATED BIPHENYL › Section 444.953 - Emergency permits

Current through June 11, 2024
1. If the Director
			 finds an imminent and substantial endangerment to human health or the
			 environment he or she may issue an emergency permit for the management of waste
			 containing polychlorinated biphenyl to a nonpermitted facility to allow the
			 storage of waste containing polychlorinated biphenyl for a period which does
			 not exceed 90 days.
2. The
			 emergency permit may be:
(a) Oral or written.
			 If oral, the Director shall issue a written emergency permit within 5 days
			 after the oral permission is given; and
(b) Terminated by the Director at any time to
			 protect human health or the environment.
Nevada Administrative Code › Chapter 444 - Sanitation › POLYCHLORINATED BIPHENYL › Section 444.9535 - Notice of planned alterations or additions

Current through June 11, 2024
1. The
			 permittee shall give notice to the Director as soon as possible of any planned
			 physical alterations or additions to the permitted facility for the management
			 of waste containing polychlorinated biphenyl. The permittee shall not commence
			 treatment, storage or disposal of waste containing polychlorinated biphenyl in
			 an altered facility until:
(a) The permit has
			 been modified in accordance with NAC 444.952;
(b) The permittee has submitted to the
			 Director by certified mail or hand delivery a letter signed by the permittee
			 and a licensed professional engineer stating that the facility has been
			 modified or the addition has been constructed in compliance with the permit;
			 and
(c) Except as otherwise
			 provided in subsection 2, the Director has inspected the modified or newly
			 constructed facility and finds it is in compliance with the conditions of the
			 permit.
Nevada Administrative Code › Chapter 444 - Sanitation › POLYCHLORINATED BIPHENYL › Section 444.954 - Report of noncompliance

Current through June 11, 2024
1. The permittee of
			 the facility for the management of waste containing polychlorinated biphenyl
			 shall report to the Director any noncompliance which may endanger public health
			 or the environment.
2. Within 24
			 hours after the time the permittee becomes aware of the noncompliance he or she
			 shall orally provide:
(a) Information
			 concerning the release of any waste containing polychlorinated biphenyl that
			 may cause an endangerment to a public supply of drinking water; and
(b) Any information regarding a discharge of
			 waste containing polychlorinated biphenyl or a fire or explosion from a
			 facility which could threaten the environment or human health outside the
			 facility. The permittee shall include:
(1) The
			 name, address and telephone number of the operator;
(2) The name, address and telephone number of
			 the facility;
(3) The date, time
			 and type of the incident;
(4) The
			 name and quantity of material involved;
(5) The extent of any injuries;
(6) An assessment of any actual or potential
			 hazards to the environment and human health outside the facility; and
(7) The estimated quantity and disposition of
			 any recovered material that resulted from the incident.
Nevada Administrative Code › Chapter 444 - Sanitation › POLYCHLORINATED BIPHENYL › Section 444.9545 - Completion or correction of application or report

Current through June 11, 2024
When the facility permittee becomes aware that he or
				she:
1. Failed to submit any relevant
			 facts in an application for a permit; or
2. Submitted incorrect information in an
			 application for a permit or in any report to the Director, he or she shall
			 promptly submit the facts or corrected information to the Director.
Added to NAC by
				Environmental Comm'n, eff. 6-29-84
NRS 459.485,
				  459.520,
				  459.550
Nevada Administrative Code › Chapter 444 - Sanitation › POLYCHLORINATED BIPHENYL › Section 444.955 - Minor modifications to permit

Current through June 11, 2024
The Director may make minor modifications to a permit for the
				management of waste containing polychlorinated biphenyl with the consent of the
				permittee. For the purposes of this section, minor modifications may:
1. Correct typographical errors;
2. Require more frequent checking or
			 reporting by the permittee;
3.
			 Allow for a change in ownership or operational control of a facility where the
			 Director determines that no other change in the permit is necessary, provided
			 that a written agreement containing a specific date for transfer of
			 responsibility, coverage and liability between the current and new permittees
			 has been submitted to the Director; or
4. Change the lists of the facility's
			 emergency coordinators or equipment in the permit's plan for
			 contingency.
Added to NAC by
				Environmental Comm'n, eff. 6-29-84
NRS 459.485,
				  459.520,
				  459.550
Nevada Administrative Code › Chapter 444 - Sanitation › POLYCHLORINATED BIPHENYL › Section 444.9555 - Facilities to obtain identification number; compliance with regulations

Current through June 11, 2024
1. A facility for the management of waste
			 containing polychlorinated biphenyl shall obtain an identification number from
			 the United States Environmental Protection Agency and comply with the
			 requirements of 40 C.F.R. Part 761, Subpart D.
2. A facility for the management of waste
			 containing polychlorinated biphenyl which is required to obtain a permit as
			 specified in NAC 444.9485 shall also comply with the following:
(a)
									40 C.F.R. §
										264.12;
(b)
									40 C.F.R. §
										264.13;
(c)
									40
			 C.F.R. §§
										264.14 to
			 264.16,
			 inclusive;
(d)
									40 C.F.R. §§
										264.31 to
			 264.37,
			 inclusive;
(e)
									40 C.F.R.
			 §§
										264.51 to
			 264.56,
			 inclusive;
(f)
									40 C.F.R. §§
										264.72 to
			 264.74,
			 inclusive;
(g)
									40 C.F.R. §
										264.76;
(h)
									40 C.F.R. §§
										264.77(a) and
			 264.77(b);
(i)
									40 C.F.R. §§
										264.111 to
			 264.120,
			 inclusive;
(j)
									40
			 C.F.R. §§
										264.140 to
			 264.148,
			 inclusive;
(k)
									40 C.F.R. §§
										264.171 to
			 264.175,
			 inclusive;
(l)
									40
			 C.F.R. §
										264.178; and
(m) 40 C.F.R. Part 264, Subparts J, N and
			 O.
Nevada Administrative Code › Chapter 444 - Sanitation › LIMITATIONS ON ISSUANCE OF PERMITS › Section 444.960 - Reliability, expertise and competence required; issuance prohibited if person having beneficial interest convicted of felony

Current through June 11, 2024
1. A person may be issued a permit to operate
			 a facility for the management of hazardous waste or facility for the management
			 of waste containing polychlorinated biphenyl only if the Administrator of the
			 Division of Environmental Protection is satisfied that he or she has exhibited
			 sufficient reliability, expertise and competence in the management of waste or
			 a related field to operate the facility with a minimal risk to the health of
			 humans or to the environment.
2.
			 The Administrator shall not issue a permit if any person shown to have a
			 beneficial interest in the facility has been convicted of a felony.
3. As used in this section:
(a) "Facility for the management of hazardous
			 waste" includes the contiguous land and any structures, other appurtenances or
			 improvements on the land which are used for treating, storing or disposing of
			 hazardous waste. Such a facility may contain several units for the treatment,
			 storage or disposal of hazardous waste or a combination of such
			 units.
(b) "Facility for the
			 management of waste containing polychlorinated biphenyl" has the meaning
			 ascribed to it in NAC 444.9425.
Nevada Administrative Code › Chapter 444 - Sanitation › DISPOSAL OF ASBESTOS › Section 444.965 - Definitions

Current through June 11, 2024
As used in NAC 444.965 to 444.976, inclusive, unless the
				context otherwise requires, the words and terms defined in NAC 444.966 to
				444.970, inclusive, have the meanings ascribed to them in those
				sections.
Added to NAC by
				Environmental Comm'n, eff. 12-19-89
NRS
				  618.775
Nevada Administrative Code › Chapter 444 - Sanitation › DISPOSAL OF ASBESTOS › Section 444.966 - "Asbestos" defined

Current through June 11, 2024
"Asbestos" has the meaning ascribed to it in
				NRS 618.750.
Added to NAC by
				Environmental Comm'n, eff. 12-19-89
NRS
				  618.775
Nevada Administrative Code › Chapter 444 - Sanitation › DISPOSAL OF ASBESTOS › Section 444.968 - "Operator" defined

Current through June 11, 2024
"Operator" means a person who operates a Class I disposal site
				which has been approved by the solid waste management authority.
Added to NAC by
				Environmental Comm'n, eff. 12-19-89
NRS
				  618.775
Nevada Administrative Code › Chapter 444 - Sanitation › DISPOSAL OF ASBESTOS › Section 444.969 - "Solid waste management authority" defined

Current through June 11, 2024
"Solid waste management authority" means the officers and
				agents of the Division of Environmental Protection, any district board of
				health created pursuant to
				NRS
				439.370 or any other entity given specific
				authority by the Division to control asbestos.
Added to NAC by
				Environmental Comm'n, eff. 12-19-89; A 11-8-93
NRS
				  618.775
Nevada Administrative Code › Chapter 444 - Sanitation › DISPOSAL OF ASBESTOS › Section 444.970 - "Transporter" defined

Current through June 11, 2024
"Transporter" means a person engaged in the transportation of
				asbestos by air, rail, highway or water. The term does not include any person
				engaged in such transportation on an approved Class I disposal site.
Added to NAC by
				Environmental Comm'n, eff. 12-19-89
NRS
				  618.775
Nevada Administrative Code › Chapter 444 - Sanitation › DISPOSAL OF ASBESTOS › Section 444.971 - Standards for handling and transportation

Current through June 11, 2024
1. All asbestos
			 that is friable or otherwise capable of giving off friable asbestos dust and
			 that is intended for transport must be wetted with a water and surfactant
			 mixture and stored in:
(a) A plastic bag which
			 is not less than 6 mils thick and sealed so it will not leak;
(b) A combination of plastic bags which equal
			 at least 6 mils in thickness; or
(c) A container made of cardboard or metal
			 which is lined with plastic.
Nevada Administrative Code › Chapter 444 - Sanitation › DISPOSAL OF ASBESTOS › Section 444.972 - Approval required for transportation; submission of information to obtain approval

Current through June 11, 2024
1. Before a
			 transporter may transport asbestos, he or she must obtain the written approval
			 of the solid waste management authority.
2. A transporter who seeks approval to
			 transport asbestos shall submit the following information in writing:
(a) The name, address and license number of
			 the transporter and any subcontractor;
(b) The address and description of the place
			 from which the asbestos is collected;
(c) The projected starting and completion
			 dates for transportation and disposal of the asbestos;
(d) The procedure which will be used to
			 comply with NAC 444.965 to 444.976, inclusive, concerning the transportation
			 and disposal of the asbestos; and
(e) The name and address of the site where
			 the asbestos will be disposed of.
Nevada Administrative Code › Chapter 444 - Sanitation › DISPOSAL OF ASBESTOS › Section 444.973 - Maintenance and filing of records regarding transportation

Current through June 11, 2024
1. A transporter shall maintain a written
			 record containing the following information regarding each load of asbestos he
			 or she transports to a Class I disposal site:
(a) A number identifying the
			 record;
(b) The name and location
			 of the place where the asbestos is located;
(c) The name, mailing address and telephone
			 number of the generator;
(d) The
			 name, mailing address and telephone number of the transporter;
(e) The name, mailing address and telephone
			 number of the disposal site;
(f) A
			 description of the asbestos, the number of containers and the volume or weight
			 of each container; and
(g) A
			 certification of the containers and labels of the generator.
Nevada Administrative Code › Chapter 444 - Sanitation › DISPOSAL OF ASBESTOS › Section 444.974 - Notification required before delivery; disposal at site other than Class I disposal site

Current through June 11, 2024
1. Each transporter
			 shall notify the operator at least 24 hours before delivery of the
			 asbestos.
2. Asbestos may be
			 disposed of at a site other than a Class I disposal site if such disposal is
			 approved by the solid waste management authority.
Added to NAC by
				Environmental Comm'n, eff. 12-19-89
NRS
				  618.775
Nevada Administrative Code › Chapter 444 - Sanitation › DISPOSAL OF ASBESTOS › Section 444.975 - Inspection upon delivery; notice of noncompliance with standards; acceptance of noncomplying load

Current through June 11, 2024
1. Each operator
			 who accepts asbestos shall inspect each load to verify that each container and
			 label complies with the requirements prescribed in NAC 444.971. If there is any
			 noncompliance with those requirements which may cause the release of fibers
			 during disposal, the operator shall notify the solid waste management
			 authority.
2. If the operator
			 notifies the solid waste management authority of noncompliance and the
			 authority authorizes the operator to accept the asbestos, the operator shall
			 comply with the requirements set forth in paragraphs (e), (f) and (g) of
			 subsection 1 of NAC 444.976.
Added to NAC by
				Environmental Comm'n, eff. 12-19-89
NRS
				  618.775
Nevada Administrative Code › Chapter 444 - Sanitation › DISPOSAL OF ASBESTOS › Section 444.976 - Duties of operator who accepts asbestos

Current through June 11, 2024
1. Each
			 operator who accepts asbestos shall:
(a)
			 Designate a separate area of the disposal site for asbestos;
(b) Maintain records of the location and
			 quantity of asbestos which he or she accepts;
(c) Place each container in a landfill in a
			 manner that limits breakage;
(d)
			 Cover asbestos within 24 hours after placement with at least 6 inches of
			 material that is not asbestos;
(e)
			 Soak any asbestos which is in a container that does not comply with the
			 requirements of NAC 444.971 before unloading it;
(f) Rinse out any vehicle which contained any
			 asbestos which is in a container that does not comply with the requirements of
			 NAC 444.971;
(g) Immediately cover
			 any asbestos which is in a container that does not comply with the requirements
			 of NAC 444.971;
(h) Compact
			 asbestos after it is covered as prescribed in paragraph (d);
(i) Cover asbestos with at least 30 inches of
			 compacted material that is not asbestos after the area designated for the
			 disposal of asbestos is no longer used;
(j) Grade and stabilize the material which
			 covers asbestos;
(k) Control access
			 to any area where asbestos is disposed of; and
(l) Place a sign at each point of access to
			 the site which reads:
Nevada Administrative Code › Chapter 444 - Sanitation › PRACTICE BEFORE STATE ENVIRONMENTAL COMMISSION › Section 444.980 - Appeal of final decision of State Department of Conservation and Natural Resources

Current through June 11, 2024
1. Except as
			 otherwise provided in subsection 2, 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 444 of NRS
			 may do so by filing a request, within 10 days of notice of the action of the
			 Department on Form 3* with the State Environmental Commission, Bryan State
			 Office Building, 901 South Stewart Street, Carson City, Nevada
			 89701-5249.
2. A decision of the
			 Department issued pursuant to NAC 444.8701 to 444.8746, inclusive, is a final
			 decision for the purposes of judicial review.
3. The provisions of NAC 445B.875 to
			 445B.899, inclusive, apply to a hearing of the State Environmental Commission
			 requested pursuant to subsection 1.
*(See adopting agency for form.)
Added to NAC by
				Environmental Comm'n, eff. 10-29-93; A by R015-08,
				4-17-2008
NRS
				  233B.050,
				  444.560,
				  459.485
Nevada Administrative Code › Chapter 444A - Programs for Recycling › FEE FOR PURCHASE OF NEW TIRE › Section 444A.005 - Definitions

Current through June 11, 2024
As used in NAC 444A.005 to 444A.051, inclusive, unless the context otherwise requires, the words and terms defined in NAC 444A.011 to 444A.035, inclusive, have the meanings ascribed to them in those sections.
Added to NAC by Dep't of Taxation, eff. 1-11-94
NRS 444A.090
Nevada Administrative Code › Chapter 444A - Programs for Recycling › FEE FOR PURCHASE OF NEW TIRE › Section 444A.015 - "Retail sale" and "sale at retail" defined

Current through June 11, 2024
"Retail sale" or "sale at retail" means a sale of tangible personal property for any purpose other than resale in the regular course of business.
Added to NAC by Dep't of Taxation, eff. 1-11-94
NRS 444A.090
Nevada Administrative Code › Chapter 444A - Programs for Recycling › FEE FOR PURCHASE OF NEW TIRE › Section 444A.021 - "Tire for a vehicle" defined

Current through June 11, 2024
"Tire for a vehicle" means a new tire for a motorized vehicle that is 12 inches or larger in diameter. The term does not include a recapped tire or a used tire which is sold again.
Added to NAC by Dep't of Taxation, eff. 1-11-94
NRS 444A.090
Nevada Administrative Code › Chapter 444A - Programs for Recycling › FEE FOR PURCHASE OF NEW TIRE › Section 444A.025 - "Tire retailer" defined

Current through June 11, 2024
"Tire retailer" includes:
1. Every person who:
(a) Is engaged in the business of selling tangible personal property of a kind, the gross receipts from the retail sale of which are required to be included in the measure of the sales tax; and
(b) Makes any retail sale or sales of tires for vehicles.
Nevada Administrative Code › Chapter 444A - Programs for Recycling › FEE FOR PURCHASE OF NEW TIRE › Section 444A.031 - "Tire surcharge" defined

Current through June 11, 2024
"Tire surcharge" means the fee imposed pursuant to subsection 1 of NRS 444A.090 on each tire for a vehicle that is sold.
Added to NAC by Dep't of Taxation, eff. 1-11-94
NRS 444A.090
Nevada Administrative Code › Chapter 444A - Programs for Recycling › FEE FOR PURCHASE OF NEW TIRE › Section 444A.041 - Registration of tire retailers: Requirement; procedure

Current through June 11, 2024
1. A person shall not sell at retail a tire for a vehicle unless the person has registered with the Department as a tire retailer.
2. A person may register with the Department by submitting a copy of a properly completed application for a permit to engage in or conduct business as a seller, as that term is defined in NRS 372.070, or by submitting a registration form. If a person registers by submitting a registration form, the form must:
(a) State the name under which the registrant transacts or intends to transact business.
(b) State the location and telephone number of the registrant's place or places of business.
(c) Be signed:
(1) If the owner is a natural person, by the owner.
(2) If the owner is an association or partnership, by a member or partner.
(3) If the owner is a corporation, by an executive officer or other person specifically authorized by the corporation to sign the registration form. The person signing shall attach to the registration form written evidence of his or her authority to sign.
Nevada Administrative Code › Chapter 444A - Programs for Recycling › FEE FOR PURCHASE OF NEW TIRE › Section 444A.045 - Collection and remittance of tire surcharge; submission of monthly returns; assessment of penalties and interest

Current through June 11, 2024
1. A tire retailer shall collect the tire surcharge from the purchaser of each tire for a vehicle sold for the purchaser's use and not for resale.
2. The tire surcharge collected by the tire retailer from the purchaser must be displayed separately from the list price of the tire, the price of the tire advertised in the premises, the marked price of the tire or other price of the tire on the sales receipt or other proof of sale. The tire surcharge must be identified as the State Recycling Fee on the sales receipt or other proof of sale and must be added after the calculation of any tax.
3. The tire retailer shall hold in an account the tire surcharge collected pursuant to this section until remitted to the Department.
4. A tire retailer shall submit a monthly return on a form prescribed by the Department. The return must include:
(a) The total number of tires for vehicles sold at retail during the preceding month.
(b) The total amount of tire surcharges collected.
(c) The total amount of the tire surcharges retained by the tire retailer pursuant to NRS 444A.090.
(d) The total amount of the tire surcharges payable to the Department pursuant to NRS 444A.090.
(e) The signature of the person required to file the return or of the person's authorized agent.
Nevada Administrative Code › Chapter 444A - Programs for Recycling › FEE FOR PURCHASE OF NEW TIRE › Section 444A.051 - Maintenance of records regarding tire surcharges

Current through June 11, 2024
1. A tire retailer shall keep records regarding the tire surcharges collected and reported pursuant to NAC 444A.045. Upon request of the Department, the records must be made available for examination by an auditor on behalf of the Department.
2. Every tire retailer or person who files the returns required pursuant to NAC 444A.045 shall keep the records for not less than 4 years from their making unless the Department in writing sooner authorizes their destruction.
3. Every tire retailer or person who fails to file the returns required pursuant to NAC 444A.045 shall keep the records for not less than 8 years from their making unless the Department in writing sooner authorizes their destruction.
Added to NAC by Dep't of Taxation, eff. 1-11-94
NRS 444A.090
Nevada Administrative Code › Chapter 444A - Programs for Recycling › PROGRAMS OF MUNICIPALITIES › Section 444A.090 - "Public building" defined

Current through June 11, 2024
1. "Public building" means any building or office space occupied by:
(a) Any component of the Nevada System of Higher Education and used for any purpose related to the System; or
(b) The Federal Government, the State of Nevada or any county, city, school district or other political subdivision of the State of Nevada and used for any public purpose.
Nevada Administrative Code › Chapter 444A - Programs for Recycling › PROGRAMS OF MUNICIPALITIES › Section 444A.100 - "Recyclable material" interpreted

Current through June 11, 2024
1. As used in NAC 444A.090 to 444A.140, inclusive, the State Environmental Commission will interpret the term "recyclable material" as defined in NRS 444A.013 to include, without limitation:
(a) Newspaper;
(b) Corrugated cardboard;
(c) Aluminum;
(d) Yard debris;
(e) Office paper;
(f) Glass;
(g) Tin and steel cans;
(h) Metal;
(i) Motor oil;
(j) Plastic; and
(k) Antifreeze.
Nevada Administrative Code › Chapter 444A - Programs for Recycling › PROGRAMS OF MUNICIPALITIES › Section 444A.110 - Goal of provisions

Current through June 11, 2024
The goal of NAC 444A.110 to 444A.140, inclusive, is to adopt minimum standards which provide for the recycling of at least 25 percent of the total solid waste generated within a municipality by the end of the second full year following the adoption of the standards.
Added to NAC by Environmental Comm'n, eff. 11-10-92
NRS 444A.020, 444A.080
Nevada Administrative Code › Chapter 444A - Programs for Recycling › PROGRAMS OF MUNICIPALITIES › Section 444A.120 - Approval of program: Submission of request for approval and other material; criterion for approval

Current through June 11, 2024
1. A municipality which makes a program available pursuant to NRS 444A.040 shall submit a request for approval of the program to the Department. The request must be accompanied by:
(a) In a municipality whose population is 45,000 or more but less than 100,000:
(1) A statement setting forth the location of and types of recyclable material collected by each recycling center.
(2) A description of the program for the disposal of hazardous household products which sets forth:
(I) The location of and types of material collected by each collection site; and
(II) The schedule for the collection of the hazardous household products.
(3) A copy of all ordinances which:
(I) Govern the program; or
(II) Provide for the participation of the municipality in a program adopted by an adjoining municipality.
(4) Any other documentation and information which demonstrates that the program will ensure that the municipality will meet the goal set forth in NAC 444A.110.
Nevada Administrative Code › Chapter 444A - Programs for Recycling › PROGRAMS OF MUNICIPALITIES › Section 444A.130 - Program for disposal of hazardous household products; program for separation at source of recyclable material at residential premises or public buildings

Current through June 11, 2024
1. A municipality which makes available in that municipality a program for the disposal of hazardous household products shall provide for the collection at least semiannually of used or waste motor oil, motor vehicle batteries and:
(a) Paint and products associated with painting; or
(b) Any other household, garage or garden products which are capable of causing harmful physical effects if inhaled, absorbed or ingested.
If a program for the disposal of hazardous household products is made available, it must be implemented on or before January 1, 1994.
Nevada Administrative Code › Chapter 444A - Programs for Recycling › PROGRAMS OF MUNICIPALITIES › Section 444A.135 - Annual report of municipality with approved program due February 15

Current through June 11, 2024
1. Each recycling center located in a municipality whose program has been approved by the Department shall, not later than February 15 of each year, submit to the municipality, on a form approved by the Division, a report for the preceding calendar year. The report must be certified by the recycling center and include the number of tons of material recycled for each type of recycled material.
2. The recycling center shall, upon the request of the municipality, provide any information, including, but not limited to, bills of lading, manifests and certified receipts which the municipality determines may be necessary to verify the report.
Added to NAC by Environmental Comm'n, eff. 10-3-96
NRS 444A.020, 444A.080
Nevada Administrative Code › Chapter 444A - Programs for Recycling › PROGRAMS OF MUNICIPALITIES › Section 444A.140 - Annual report of municipality with approved program due April 1

Current through June 11, 2024
1. A municipality whose program has been approved by the Department shall submit a report to the Department on forms provided by the Department. The report must be submitted on or before April 1 of each year. Except as otherwise required in subsection 2, the report must contain documentation and information concerning the previous calendar year, including:
(a) The number of tons of material:
(1) Disposed of in a landfill or other similar disposal facility;
(2) Diverted from a landfill or other similar disposal facility; and
(3) Recycled for each type of recycled material.
Nevada Administrative Code › Chapter 444A - Programs for Recycling › MISCELLANEOUS PROVISIONS › Section 444A.150 - Appeal of final decision of State Department of Conservation and Natural Resources

Current through June 11, 2024
1. 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 444A 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, Bryan State Office Building, 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.
*(See adopting agency for form.)
Added to NAC by Environmental Comm'n, eff. 10-29-93
NRS 233B.050, 444A.080
Nevada Administrative Code › Chapter 444A - Programs for Recycling › DISPOSAL OF WASTE TIRES › General Provisions › Section 444A.200 - Definitions

Current through June 11, 2024
As used in NAC 444A.200 to 444A.470, inclusive, unless the context otherwise requires, the words and terms defined in NAC 444A.210 to 444A.270, inclusive, have the meanings ascribed to them in those sections.
Added to NAC by Environmental Comm'n, eff. 12-15-94
NRS 444.560, 444A.020, 444A.080
Nevada Administrative Code › Chapter 444A - Programs for Recycling › DISPOSAL OF WASTE TIRES › General Provisions › Section 444A.210 - "Facility for the management of waste tires" defined

Current through June 11, 2024
"Facility for the management of waste tires" means a site where waste tires are deposited for processing, recycling or use as a fuel.
Added to NAC by Environmental Comm'n, eff. 12-15-94
NRS 444.560, 444A.020, 444A.080
Nevada Administrative Code › Chapter 444A - Programs for Recycling › DISPOSAL OF WASTE TIRES › General Provisions › Section 444A.220 - "Generator of waste tires" defined

Current through June 11, 2024
"Generator of waste tires" means a person who possesses a tire at the time it becomes a waste tire, or at any time thereafter, until it is deposited with a facility for the management of waste tires or given to a hauler of waste tires.
Added to NAC by Environmental Comm'n, eff. 12-15-94
NRS 444.560, 444A.020, 444A.080
Nevada Administrative Code › Chapter 444A - Programs for Recycling › DISPOSAL OF WASTE TIRES › General Provisions › Section 444A.230 - "Hauler of waste tires" defined

Current through June 11, 2024
"Hauler of waste tires" means a person who transports waste tires or materials derived from waste tires over the highways of this State. The term does not include a:
1. Collector of solid waste who operates pursuant to a license issued by a local government;
2. Person who generates and transports his or her own waste tires;
3. Governmental agency;
4. Person who transports used tires to be resold or retreadable casings to be retreaded;
5. Person who transports tires across state boundaries, but does not load or unload waste tires within this State;
6. Person who is directed by a solid waste management authority to transport waste tires for disposal; or
7. Person who transports products made from recycled waste tires for sale or other distribution.
Added to NAC by Environmental Comm'n, eff. 12-15-94
NRS 444.560, 444A.020, 444A.080
Nevada Administrative Code › Chapter 444A - Programs for Recycling › DISPOSAL OF WASTE TIRES › General Provisions › Section 444A.240 - "Passenger tire equivalent" defined

Current through June 11, 2024
"Passenger tire equivalent" means a measure of waste tires or material derived from waste tires that is expressed as an equivalent number of passenger tires, where one waste tire or 20 pounds of material derived from waste tires equals one passenger tire equivalent.
Added to NAC by Environmental Comm'n, eff. 12-15-94
NRS 444.560, 444A.020, 444A.080