reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF LABORATORIES TO ANALYZE WASTE SAMPLES › General Provisions › Section 459.96918 - "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 R061-04, eff. 10-7-2004
NRS 459.485,
				  459.500
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF LABORATORIES TO ANALYZE WASTE SAMPLES › General Provisions › Section 459.9692 - "Federal Act" defined

Current through June 11,
				  2024
"Federal Act" means the Resource Conservation
				  and Recovery Act of 1976,
				  42 U.S.C. §§
										6901 et seq.
Added to NAC by Environmental
				  Comm'n by R061-04, eff. 10-7-2004
NRS 459.485,
				  459.500
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF LABORATORIES TO ANALYZE WASTE SAMPLES › General Provisions › Section 459.96922 - "National Environmental Laboratory Accreditation Conference" defined

Current through June 11, 2024
"National
				  Environmental Laboratory Accreditation Conference" has the meaning ascribed to
				  it in Appendix A of chapter 1 of the
Standards
.
Added to NAC by Environmental
				  Comm'n by R061-04, eff. 10-7-2004
NRS 459.485,
				  459.500
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF LABORATORIES TO ANALYZE WASTE SAMPLES › General Provisions › Section 459.96924 - "National Environmental Laboratory Accreditation Program" defined

Current through June 11, 2024
"National
				  Environmental Laboratory Accreditation Program" has the meaning ascribed to it
				  in Appendix A of chapter 1 of the
Standards
.
Added to NAC by Environmental
				  Comm'n by R061-04, eff. 10-7-2004
NRS 459.485,
				  459.500
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF LABORATORIES TO ANALYZE WASTE SAMPLES › General Provisions › Section 459.96926 - "Performance-based measurement system" defined

Current through June 11,
				  2024
"Performance-based measurement system" has the
				  meaning ascribed to it in Appendix A of chapter 1 of the
Standards
.
Added to NAC by Environmental
				  Comm'n by R061-04, eff. 10-7-2004
NRS 459.485,
				  459.500
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF LABORATORIES TO ANALYZE WASTE SAMPLES › General Provisions › Section 459.96928 - "Precision" defined

Current through June 11,
				  2024
"Precision" has the meaning ascribed to it in
				  Appendix A of chapter 1 of the
Standards
.
Added to NAC by Environmental
				  Comm'n by R061-04, eff. 10-7-2004
NRS 459.485,
				  459.500
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF LABORATORIES TO ANALYZE WASTE SAMPLES › General Provisions › Section 459.9693 - "Proficiency test sample" defined

Current through June 11,
				  2024
"Proficiency test sample" has the meaning
				  ascribed to it in Appendix A of chapter 1 of the
Standards
.
Added to NAC by Environmental
				  Comm'n by R061-04, eff. 10-7-2004
NRS 459.485,
				  459.500
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF LABORATORIES TO ANALYZE WASTE SAMPLES › General Provisions › Section 459.96932 - "Proficiency testing program" defined

Current through June 11,
				  2024
"Proficiency testing program" has the meaning
				  ascribed to it in Appendix A of chapter 1 of the
Standards
.
Added to NAC by Environmental
				  Comm'n by R061-04, eff. 10-7-2004
NRS 459.485,
				  459.500
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF LABORATORIES TO ANALYZE WASTE SAMPLES › General Provisions › Section 459.96934 - "Quality control sample" defined

Current through June 11,
				  2024
"Quality control sample" means an
				  uncontaminated waste sample that is spiked with a known analyte and provided to
				  a laboratory for analysis to determine the performance of the laboratory in
				  testing for the presence of that analyte by using a specified method of testing
				  for the analyte.
Added to NAC by Environmental
				  Comm'n by R061-04, eff. 10-7-2004
NRS 459.485,
				  459.500
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF LABORATORIES TO ANALYZE WASTE SAMPLES › General Provisions › Section 459.96936 - "Quality manual" defined

Current through June 11,
				  2024
"Quality manual" has the meaning ascribed to it
				  in Appendix A of chapter 1 of the
Standards
.
Added to NAC by Environmental
				  Comm'n by R061-04, eff. 10-7-2004
NRS 459.485,
				  459.500
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF LABORATORIES TO ANALYZE WASTE SAMPLES › General Provisions › Section 459.96938 - "Sensitivity" defined

Current through June 11,
				  2024
"Sensitivity" has the meaning ascribed to it in
				  Appendix A of chapter 1 of the
Standards
.
Added to NAC by Environmental
				  Comm'n by R061-04, eff. 10-7-2004
NRS 459.485,
				  459.500
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF LABORATORIES TO ANALYZE WASTE SAMPLES › General Provisions › Section 459.9694 - "Spike" defined

Current through June 11,
				  2024
"Spike" has the meaning ascribed to it in
				  Appendix A of chapter 1 of the
Standards
.
Added to NAC by Environmental
				  Comm'n by R061-04, eff. 10-7-2004
NRS 459.485,
				  459.500
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF LABORATORIES TO ANALYZE WASTE SAMPLES › General Provisions › Section 459.96942 - " Standards " defined

Current through June 11,
				  2024
"
Standards
" means the
Standards
of the National Environmental Laboratory
				  Accreditation Conference adopted by reference pursuant to the provisions of NAC
				  459.96946.
Added to NAC by Environmental
				  Comm'n by R061-04, eff. 10-7-2004
NRS 459.485,
				  459.500
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF LABORATORIES TO ANALYZE WASTE SAMPLES › General Provisions › Section 459.96944 - "Waste sample" defined

Current through June 11,
				  2024
"Waste sample" means a sample of any substance
				  obtained from any natural source or any other source to identify whether waste
				  is hazardous waste or to detect the presence of hazardous waste or a regulated
				  substance in soil or water.
Added to NAC by Environmental
				  Comm'n by R061-04, eff. 10-7-2004
NRS 459.485,
				  459.500
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF LABORATORIES TO ANALYZE WASTE SAMPLES › Guidelines and Procedures › Section 459.96946 - Adoption by reference of National Environmental Laboratory Accreditation Conference-Constitution, Bylaws, and Standards

Current through June 11, 2024
The
				  Commission hereby adopts by reference the
National Environmental
				  Laboratory Accreditation Conference-Constitution, Bylaws, and
				  Standards
, EPA 600/R-98/151, in the form most recently published by
				  the Environmental Protection Agency, unless the Commission gives notice
				  pursuant to the provisions of NAC 459.9699 that the most recent publication is
				  not suitable for this State. The publication is available, free of charge, from
				  the Environmental Protection Agency, Office of Research and Development, 401 M
				  Street, SW, Washington, D.C. 20460, or from the Environmental Protection Agency
				  at the Internet address
http://www.epa.gov/nerlesd1/land-sci/nelac/index.html
.
Added to NAC by Environmental
				  Comm'n by R061-04, eff. 10-7-2004
NRS 459.485,
				  459.500
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF LABORATORIES TO ANALYZE WASTE SAMPLES › Guidelines and Procedures › Section 459.9695 - Adoption by reference of Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, SW-846

Current through June 11,
				  2024
The Commission hereby adopts by reference
Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,
				  SW-846
, 3rd edition, and
Updates I, II, IIA, IIB and
				  III
, Publication Number 955-001-00000-1, in the form most recently
				  published, unless the Commission gives notice pursuant to the provisions of NAC
				  459.9699 that the most recent publication is not suitable for this State. The
				  publication is available 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 price of $367. The
				  publication is also available, free of charge, from the Environmental
				  Protection Agency at the Internet address
http://www.epa.gov/epaoswer/hazwaste/test/main.htm
.
Added to NAC by Environmental
				  Comm'n by R061-04, eff. 10-7-2004
NRS 459.485,
				  459.500
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF LABORATORIES TO ANALYZE WASTE SAMPLES › Guidelines and Procedures › Section 459.96952 - Adoption by reference of Method 1600-Membrane Filter Test Method for Enterococci in Water

Current through June 11,
				  2024
The Commission hereby adopts by reference
Method 1600-Membrane Filter Test Method for Enterococci in
				  Water
, May 1997, EPA-821-R-97-004, in the form most recently
				  published, unless the Commission gives notice pursuant to the provisions of NAC
				  459.9699 that the most recent publication is not suitable for this State. The
				  publication is available, free of charge, by mail from the Environmental
				  Protection Agency, National Center for Environmental Publications and
				  Information, P.O. Box 42419, Cincinnati, Ohio 45242-0419, or by telephone at
				  (800) 490-9198.
Added to NAC by Environmental
				  Comm'n by R061-04, eff. 10-7-2004
NRS 459.485,
				  459.500
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF LABORATORIES TO ANALYZE WASTE SAMPLES › Guidelines and Procedures › Section 459.96954 - Adoption of certain ASTM standards and other publications related to calibration and testing laboratories, and examination of water and wastewater

Current through June 11, 2024
The
				  following publications are hereby adopted by the Commission in the forms most
				  recently published, unless the Environmental Protection Agency fails to publish
				  notice of its approval of the publication in the Federal Register or the
				  Commission gives notice pursuant to the provisions of NAC 459.9699 that the
				  most recent publication is not suitable for this State:
1.
Annual Book of ASTM
				  Standards
, Section 5, "Petroleum Products, Lubricants, and Fossil
				  Fuels," which is available by mail from ASTM International, 100 Barr Harbor
				  Drive, West Conshohocken, Pennsylvania 19428-2959, by telephone at (610)
				  832-9585 or at the Internet address
http://www.astm.org
, for the price of
				  $999.
2.
Annual Book of
				  ASTM Standards
, Section 11, "Water and Environmental Technology,"
				  which is available by mail from ASTM International, 100 Barr Harbor Drive, West
				  Conshohocken, Pennsylvania 19428-2959, by telephone at (610) 832-9585 or at the
				  Internet address
http://www.astm.org
, for the price of
				  $906.
3.
ISO/IEC Guide 25,
				  General Requirements for the Competence of Calibration and Testing
				  Laboratories
, 1990, which is available by mail from Global Engineering
				  Documents, 15 Inverness Way East, Englewood, Colorado 80112-5776, by telephone
				  at (800) 854-7179 or at the Internet address
http://www.global.ihs.com
				  [File Link Not Available]
, for the price of $35.
4.
Standard Methods for the
				  Examination of Water and Wastewater
, Order Number 10079, available by
				  mail from the American Water Works Association, Customer Service, 6666 West
				  Quincy Avenue, Denver, Colorado 80235, by telephone at (800) 926-7337 or at the
				  Internet address
http://www.awwa.org/bookstore/ProductList.cfm
,
				  for the price of $155 for members and $200 for nonmembers.
Added to NAC by Environmental
				  Comm'n by R061-04, eff. 10-7-2004
NRS 459.485,
				  459.500
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF LABORATORIES TO ANALYZE WASTE SAMPLES › Guidelines and Procedures › Section 459.96956 - Interpretation of provisions; resolution of conflicting requirements

Current through June 11, 2024
1. The provisions of NAC 459.96902 to
				  459.9699, inclusive, must not be interpreted to circumvent any of those
				  provisions to make them less effective. If more than one interpretation exists
				  for any of those provisions, the more restrictive interpretation
				  applies.
2. If any publication
				  adopted by reference pursuant to the provisions of NAC 459.96946 to 459.96954,
				  inclusive, conflicts with any provision of NAC 459.96902 to 459.9699,
				  inclusive, or with the
Standards
, the provision set forth in
				  NAC 459.96902 to 459.9699, inclusive, or the
Standards
applies.
Added to NAC by Environmental
				  Comm'n by R061-04, eff. 10-7-2004
NRS 459.485,
				  459.500
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF LABORATORIES TO ANALYZE WASTE SAMPLES › Guidelines and Procedures › Section 459.96958 - Scope of certification

Current through June 11,
				  2024
1. A laboratory may
				  obtain certification pursuant to the provisions of NAC 459.96902 to 459.9699,
				  inclusive, to perform analyses for the purposes of
				  NRS 459.400 to
				  459.600,
				  inclusive, 459.610 to 459.658, inclusive, and 459.800 to 459.856, inclusive, to
				  identify whether waste is hazardous waste or to detect the presence of
				  hazardous waste or a regulated substance in soil or water.
2. The scientific disciplines for which a
				  laboratory may obtain certification are:
(a)
				  Chemistry;
(b) Microbiology;
				  and
(c) Radiochemistry.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF LABORATORIES TO ANALYZE WASTE SAMPLES › Guidelines and Procedures › Section 459.9696 - Categories of analytes for which laboratory may be certified

Current through June 11, 2024
For the
				  purposes of charging and collecting fees and conducting performance evaluations
				  pursuant to the provisions of NAC 459.96902 to 459.9699, inclusive, the
				  Division shall classify each analyte for which a laboratory may be certified
				  into the following categories:
1. Bulk
				  asbestos analysis of hazardous waste.
2. Characteristics of hazardous
				  waste.
3. Dioxin in hazardous
				  waste.
4. Herbicides.
5. Immunoassay methods for hazardous
				  waste.
6. Infrared analysis of
				  hazardous waste.
7. Inorganic
				  chemistry of hazardous waste.
8.
				  Liquid chromatography for hazardous waste.
9. Microbiology.
10. Miscellaneous screening methods for
				  hazardous waste.
11.
				  Pesticides.
12. Physical properties
				  of hazardous waste.
13.
				  Polyaromatic hydrocarbons in hazardous waste.
14. Polychlorinated biphenyls in hazardous
				  waste.
15. Radiochemistry of
				  hazardous waste.
16. Semivolatile
				  organic chemistry of hazardous waste.
17. Toxicity bioassay of hazardous
				  waste.
18. Trace metals in
				  hazardous waste.
19. Volatile
				  organic chemistry of hazardous waste.
20. Any other individual
				  contaminant.
21. Any other
				  individual multicontaminant method.
Added to NAC by Environmental
				  Comm'n by R061-04, eff. 10-7-2004
NRS 459.485,
				  459.500
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF LABORATORIES TO ANALYZE WASTE SAMPLES › Guidelines and Procedures › Section 459.9696 - Categories of analytes for which laboratory may be certified

Current through June 11, 2024
For the
				  purposes of charging and collecting fees and conducting performance evaluations
				  pursuant to the provisions of NAC
				  459.96902 to
				  459.9699, inclusive, the Division
				  shall classify each analyte for which a laboratory may be certified into the
				  following categories:
1. Bulk asbestos
				  analysis of hazardous waste.
2.
				  Characteristics of hazardous waste.
3. Dioxin in hazardous waste.
4. Herbicides.
5. Immunoassay methods for hazardous
				  waste.
6. Infrared analysis of
				  hazardous waste.
7. Inorganic
				  chemistry of hazardous waste.
8.
				  Liquid chromatography for hazardous waste.
9. Microbiology.
10. Miscellaneous screening methods for
				  hazardous waste.
11.
				  Pesticides.
12. Physical properties
				  of hazardous waste.
13.
				  Polyaromatic hydrocarbons in hazardous waste.
14. Polychlorinated biphenyls in hazardous
				  waste.
15. Radiochemistry of
				  hazardous waste.
16. Semivolatile
				  organic chemistry of hazardous waste.
17. Toxicity bioassay of hazardous
				  waste.
18. Trace metals in
				  hazardous waste.
19. Volatile
				  organic chemistry of hazardous waste.
20. Any other individual analyte.
21. Any other individual multianalyte
				  method.
Added to NAC by Environmental
				  Comm'n by R061-04, eff. 10-7-2004; A by
				  R130-22A,
				  eff. 8/1/2024
NRS
				  459.485,
				  459.500
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF LABORATORIES TO ANALYZE WASTE SAMPLES › Guidelines and Procedures › Section 459.96962 - Requirements for certification

Current through June 11,
				  2024
1. To be certified
				  to conduct laboratory testing, a laboratory must comply with the requirements
				  set forth in sections 1.8.3, 4.1.1, 5.0, 5.1, 5.4 and 5.5 of the
Standards
.
2. To
				  be certified in:
(a) Chemistry, a laboratory
				  must comply with the requirements set forth in section 1.8.5 and Appendix D.1
				  of chapter 5 of the
Standards
;
(b) Microbiology, a laboratory must comply
				  with the requirements set forth in section 1.8.7 and Appendix D.3 of chapter 5
				  of the
Standards
; or
(c) Radiochemistry, a laboratory must comply
				  with the requirements set forth in section 1.8.8 and Appendix D.4 of chapter 5
				  of the
Standards
.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF LABORATORIES TO ANALYZE WASTE SAMPLES › Guidelines and Procedures › Section 459.96964 - Certification by Division or pursuant to National Environmental Laboratory Accreditation Program

Current through June 11,
				  2024
1. A laboratory may
				  apply for certification by the Division or certification pursuant to the
				  National Environmental Laboratory Accreditation Program.
2. To obtain certification by the Division, a
				  laboratory must comply with the provisions of NAC 459.96902 to 459.9699,
				  inclusive.
3. A laboratory that is
				  certified by the Division may provide analytical data for a waste sample
				  originating in this State for each analyte for which the laboratory is
				  certified.
4. To obtain
				  certification pursuant to the National Environmental Laboratory Accreditation
				  Program, a laboratory must:
(a) Comply with
				  the provisions of NAC 459.96902 to 459.9699, inclusive;
(b) Before obtaining certification pursuant
				  to the Program and every 2 years after obtaining that certification, submit to
				  an assessment of the laboratory conducted at the laboratory under the direction
				  of a person who is approved pursuant to the Program; and
(c) Specify in its application for
				  certification at least one approved method of testing an analyte pursuant to
				  the provisions of subsections 4 and 6 of NAC 459.96958.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF LABORATORIES TO ANALYZE WASTE SAMPLES › Guidelines and Procedures › Section 459.96966 - Application for certification

Current through June 11,
				  2024
1. To apply for
				  certification pursuant to the provisions of NAC 459.96902 to 459.9699,
				  inclusive, the director of the laboratory for which certification is requested
				  must submit an application to the Division on a form approved by the Division.
				  The application must be accompanied by the fees prescribed in NAC 459.96986 and
				  include the information specified in sections 4.1.7 and 4.1.9 of the
Standards
.
2. The
				  provisions of this section do not require an application and certificate for
				  each building or other portion of a certified laboratory that:
(a) Is operated by the same management,
				  quality manual and quality assurance officer as the certified
				  laboratory;
(b) Uses only methods
				  for which the laboratory is certified;
(c) Does not issue reports directly but
				  forwards data to the certified laboratory for reporting purposes; and
(d) The Division determines is used to
				  analyze the same waste samples as the certified laboratory.
As used in
				  this subsection, "quality assurance officer" means the quality assurance
				  officer specified in section 5.4.2 of the
Standards
.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF LABORATORIES TO ANALYZE WASTE SAMPLES › Guidelines and Procedures › Section 459.96968 - Participation in proficiency testing program

Current through June
				  11, 2024
1. Each
				  laboratory for which an application for certification is submitted and each
				  certified laboratory must participate in a proficiency testing program. The
				  laboratory must:
(a) Obtain single-blind
				  proficiency test samples from a provider approved by a Proficiency Testing
				  Oversight Body/Proficiency Testing Provider Accreditor;
(b) Analyze the proficiency test samples, if
				  available, for each category of certification and analyte that is included in
				  the program; and
(c) Report the
				  results of the analysis to the provider specified in paragraph (a).
If
				  the laboratory is a certified laboratory and if a test will be conducted for
				  each category of certification and analyte for which the laboratory is
				  certified, the certified laboratory must analyze a proficiency test sample
				  pursuant to the program not less than once every 6 months.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF LABORATORIES TO ANALYZE WASTE SAMPLES › Guidelines and Procedures › Section 459.9697 - Adoption of quality manual by laboratory; contents

Current through
				  June 11, 2024
1. Each
				  laboratory that applies for certification pursuant to NAC 459.96902 to
				  459.9699, inclusive, shall adopt a quality manual and comply with the
				  provisions of that manual. The director of the laboratory shall submit the
				  manual to the Division before the Division conducts an inspection of the
				  laboratory.
2. Each quality manual
				  specified in subsection 1 must be adopted in accordance with the provisions of
				  section 5.5 of the
Standards
and include, without limitation:
(a) A statement setting forth the
				  requirements of the laboratory for sensitivity, precision and accuracy for each
				  method of testing or analyte for which the laboratory requests
				  certification;
(b) The policy of
				  the laboratory concerning any unauthorized use of data or fraudulent activity
				  that occurs at the laboratory; and
(c) The policy of the laboratory concerning
				  the collection of samples for the purpose of determining compliance with the
				  Federal Act. The policy must provide that:
(1)
				  A person taking a sample shall sign and date an attestation indicating the
				  validity and authenticity of the sample; and
(2) Tampering with or intentionally
				  mislabeling the location, date, time or collection of a sample may be
				  considered grounds for the denial of an application for certification or the
				  revocation, suspension or limitation of certification pursuant to the
				  provisions of NAC 459.96974.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF LABORATORIES TO ANALYZE WASTE SAMPLES › Guidelines and Procedures › Section 459.96972 - Inspection of laboratory by Division

Current through June 11,
				  2024
1. Unless a
				  laboratory satisfies the provisions of paragraph (c) of subsection 2 of NAC
				  459.96988, the Division shall conduct an inspection of the premises and
				  operation of each certified laboratory or laboratory for which an application
				  for certification is submitted pursuant to the provisions of NAC 459.96966. An
				  inspection conducted pursuant to this section must be conducted in accordance
				  with the provisions of sections 3.4 to 3.7, inclusive, of the
Standards
. If a certified laboratory conducts analyses of
				  waste samples, the laboratory must be inspected in accordance with the manual
				  adopted by reference pursuant to the provisions of paragraph (e) of subsection
				  1 of NAC 459.96948. A certified laboratory shall analyze a quality control
				  sample for each method of testing an analyte for which it is certified:
(a) At least once every 3 months;
				  and
(b) Each time a new calibration
				  curve is generated.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF LABORATORIES TO ANALYZE WASTE SAMPLES › Guidelines and Procedures › Section 459.96974 - Grounds for denial of application for certification, or revocation, suspension or limitation of certification

Current through June 11,
				  2024
1. The Division may
				  deny an application for certification of a laboratory or revoke, suspend or
				  limit the certification of a certified laboratory if the laboratory:
(a) Makes a false statement in:
(1) An application for
				  certification;
(2) A report
				  concerning the analysis of a waste sample; or
(3) Any other document relating to
				  certification in violation of the provisions of NAC 459.96902 to 459.9699,
				  inclusive;
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF LABORATORIES TO ANALYZE WASTE SAMPLES › Guidelines and Procedures › Section 459.96976 - Reapplication after denial of application or revocation of certification

Current through June 11, 2024
If the
				  Division denies an application for certification submitted by a laboratory or
				  revokes the certification of a certified laboratory, the laboratory may, after
				  the period specified in section 4.4 of the
Standards
expires,
				  reapply for certification in the manner prescribed in NAC 459.96966.
Added to NAC by Environmental
				  Comm'n by R061-04, eff. 10-7-2004
NRS 459.485,
				  459.500
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF LABORATORIES TO ANALYZE WASTE SAMPLES › Guidelines and Procedures › Section 459.96978 - Renewal of certification

Current through June 11,
				  2024
1. The Division may
				  renew the certificate of a certified laboratory if:
(a) The laboratory pays the applicable fee to
				  renew the certificate;
(b) The
				  laboratory submits a statement on a form approved by the Division indicating
				  that it is in compliance with the provisions of NAC 459.96902 to 459.9699,
				  inclusive, concerning each category of testing, method of testing and analyte
				  for which it is certified;
(c) The
				  laboratory submits a report to the Division indicating that it has received
				  satisfactory proficiency test results for each category of testing and analyte
				  for which it is certified; and
(d)
				  The Division determines that the laboratory is in compliance with the
				  provisions of NAC 459.96902 to 459.9699, inclusive.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF LABORATORIES TO ANALYZE WASTE SAMPLES › Guidelines and Procedures › Section 459.9698 - Display of certificate; conditions for surrender of certificate; issuance of document

Current through June 11,
				  2024
1. The director of
				  the laboratory shall display the certificate issued by the Division in a
				  conspicuous place in the laboratory to which the members of the general public
				  have access.
2. The certificate is
				  the property of the Division and must be surrendered to the Division if:
(a) The Division revokes the
				  certificate;
(b) The laboratory for
				  which the certificate is issued ceases to conduct analyses of waste samples for
				  which a certificate is required; or
(c) The Division ceases to be an accrediting
				  authority approved by the Environmental Protection Agency. As used in this
				  paragraph, "accrediting authority" has the meaning ascribed to it in Appendix A
				  of chapter 1 of the
Standards
.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF LABORATORIES TO ANALYZE WASTE SAMPLES › Guidelines and Procedures › Section 459.96982 - Notification of Division of certain changes concerning certified laboratory

Current through June 11, 2024
If, as
				  determined by the Division, a change concerning a certified laboratory occurs
				  that substantially affects the ability of the laboratory to perform any
				  analysis for which the laboratory is certified, the director of the laboratory
				  shall, not more than 30 days after the change occurs, notify the Division of
				  the change in writing. For the purposes of this section, a change includes,
				  without limitation, a change in the name, ownership, location or personnel of a
				  laboratory or any other change specified in sections 4.1.8 and 4.3.2 of the
Standards
.
Added to NAC by Environmental
				  Comm'n by R061-04, eff. 10-7-2004
NRS 459.485,
				  459.500
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF LABORATORIES TO ANALYZE WASTE SAMPLES › Guidelines and Procedures › Section 459.96984 - Contractual agreements, records and reports

Current through June
				  11, 2024
1. A certified
				  laboratory shall ensure that each analysis it performs complies with the
				  provisions of Appendix D of chapter 5 of the
Standards
.
2. A
				  certified laboratory shall maintain any document or other information required
				  by the provisions of section 4.3.3 of the
Standards
in
				  accordance with the provisions of that section.
3. If a certified laboratory prepares a
				  report of any test conducted pursuant to the provisions of this section, the
				  report must be prepared in accordance with the provisions of section 5.13 of
				  the
Standards
.
4.
				  If a certified laboratory is not certified to conduct a test in a category of
				  testing or to use a method of testing or test for an analyte pursuant to the
				  provisions of NAC 459.96902 to 459.9699, inclusive, the director of the
				  laboratory may contract with a certified laboratory to perform that test if:
(a) Before entering into the contract, the
				  director notifies in writing the person for whom the test will be conducted of
				  his or her intent to enter into the contract; and
(b) The laboratory complies with the
				  requirements specified in section 5.14 of the
Standards
.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF LABORATORIES TO ANALYZE WASTE SAMPLES › Miscellaneous Provisions › Section 459.96988 - Acceptance of analyses conducted by laboratory located outside State

Current through June 11, 2024
The Division
				  shall accept data relating to the analysis of contaminants regulated pursuant
				  to
				  NRS 459.400 to
				  459.600,
				  inclusive, 459.610 to 459.658, inclusive, and 459.800 to 459.856, inclusive,
				  that are submitted from a laboratory located outside of this State if:
1. The laboratory has otherwise complied with
				  the requirements set forth in NAC 459.96902 to 459.9699, inclusive;
2. The:
(a)
				  Laboratory is certified by the United States Environmental Protection
				  Agency;
(b) Division determines
				  that the state where the laboratory is located:
(1) Has adopted a program for certifying
				  laboratories for the analysis of water that is equivalent to the program for
				  certifying those laboratories adopted by the Division; and
(2) Accepts the results of evaluations
				  conducted pursuant to the program adopted by the Division; or
(c) Laboratory:
(1) Is located in a state that has
				  established an agreement with this State concerning certification of
				  laboratories by reciprocity; or
(2)
				  Is certified pursuant to the National Environmental Laboratory Accreditation
				  Program; and
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF LABORATORIES TO ANALYZE WASTE SAMPLES › Miscellaneous Provisions › Section 459.9699 - Review by Commission of publications adopted by reference

Current through June 11, 2024
If any
				  publication adopted by reference pursuant to the provisions of NAC 459.96902 to
				  459.9699, inclusive, is revised, the Commission may review the revision to
				  determine its suitability for this State. If the Commission determines that the
				  revision is not suitable for this State, it will hold a public hearing to
				  review its determination and give notice of that hearing within 6 months after
				  the date of the publication of the revision. If, after the hearing, the
				  Commission does not revise its determination, the Commission will give notice
				  that the revision is not suitable for this State within 30 days after the
				  hearing. If the Commission does not give such notice, the revision becomes part
				  of the publication adopted by reference pursuant to the provisions of NAC
				  459.96902 to 459.9699, inclusive.
Added to NAC by Environmental
				  Comm'n by R061-04, eff. 10-7-2004
NRS 459.485,
				  459.500
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF CERTAIN CONSULTANTS AND CONTRACTORS › Section 459.970 - Definitions

Current through June 11, 2024
As used in
				  NAC 459.970 to
				  459.9729, inclusive, and section
				  33 of this regulation, unless the context otherwise requires, the words and
				  terms defined in NAC
				  459.97002 to
				  459.9716, inclusive, have the
				  meanings ascribed to them in those sections.
Added to NAC by Environmental
				  Comm'n, eff. 3-6-91; A by
				  R123-16A,
				  eff. 11/2/2016; A by
				  R126-19A,
				  eff. 12/29/2020
NRS
				  459.485,
				  459.500
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF CERTAIN CONSULTANTS AND CONTRACTORS › Section 459.97002 - "Class A operator" defined

Current through June 11,
				  2024
"Class A operator" means an operator described
				  in
				  40 C.F.R. §
									280.242(a), as that section
				  existed on November 2, 2016.
Added to NAC by
				  Environmental Comm'n by
				  R123-16A,
				  eff. 11/2/2016
NRS
				  459.500,
				  459.826
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF CERTAIN CONSULTANTS AND CONTRACTORS › Section 459.97004 - "Class B operator" defined

Current through June 11,
				  2024
"Class B operator" means an operator described
				  in
				  40 C.F.R. §
									280.242(b), as that section
				  existed on November 2, 2016.
Added to NAC by
				  Environmental Comm'n by
				  R123-16A,
				  eff. 11/2/2016
NRS
				  459.500,
				  459.826
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF CERTAIN CONSULTANTS AND CONTRACTORS › Section 459.97006 - "Class C operator" defined

Current through June 11,
				  2024
"Class C operator" means an operator described
				  in
				  40 C.F.R. §
									280.242(c), as that section
				  existed on November 2, 2016.
Added to NAC by
				  Environmental Comm'n by
				  R123-16A,
				  eff. 11/2/2016
NRS
				  459.500,
				  459.826
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF CERTAIN CONSULTANTS AND CONTRACTORS › Section 459.9701 - "Consultant" defined

Current through June 11,
				  2024
"Consultant" means a person who provides
				  information, opinion or advice for a fee or in conjunction with other services
				  for which a fee is charged.
Added to NAC by Environmental
				  Comm'n, eff. 3-6-91
NRS 459.485,
				  459.500
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF CERTAIN CONSULTANTS AND CONTRACTORS › Section 459.9702 - "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, eff. 3-6-91
NRS 459.485,
				  459.500
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF CERTAIN CONSULTANTS AND CONTRACTORS › Section 459.9703 - "Employee" defined

Current through June 11,
				  2024
"Employee" includes:
1. Any officer of a corporation;
2. Any natural person whose activities are
				  subject to a right of control by the person paying for his or her services;
				  and
3. Any other natural person who
				  would be considered an employee under any common-law definition of
				  employee.
Added to NAC by Environmental
				  Comm'n, eff. 3-6-91
NRS 459.485,
				  459.500
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF CERTAIN CONSULTANTS AND CONTRACTORS › Section 459.9704 - "Environmental manager" defined

Current through June 11,
				  2024
"Environmental manager" means a natural person
				  who is certified by the Division pursuant to NAC
				  459.972 to act as a consultant
				  relating to:
1. The management of
				  hazardous waste;
2. The
				  investigation of a site to determine the release or potential release of a
				  hazardous substance;
3. The
				  sampling of air, soil, surface water or groundwater to determine the release of
				  a hazardous substance;
4. The
				  response to a release of a hazardous substance;
5. The cleanup of a release of a hazardous
				  substance; or
6. The remediation of
				  water or soil contaminated by a hazardous substance.
Added to NAC by Environmental
				  Comm'n, eff. 3-6-91; A by
				  R123-16A,
				  eff. 11/2/2016
NRS
				  459.500,
				  459.826
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF CERTAIN CONSULTANTS AND CONTRACTORS › Section 459.9705 - "Handler of underground storage tanks" defined

Current through
				  June 11, 2024
"Handler of underground storage tanks"
				  means a natural person who is certified by the Division pursuant to NAC
				  459.9722 to install, repair,
				  upgrade or close underground storage tanks pursuant to 40 C.F.R. Part 280, as
				  that part existed on June 12, 1990.
Added to NAC by Environmental
				  Comm'n, eff. 3-6-91; A by
				  R123-16A,
				  eff. 11/2/2016
NRS
				  459.500,
				  459.826
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF CERTAIN CONSULTANTS AND CONTRACTORS › Section 459.9706 - "Hazardous material" defined

Current through June 11,
				  2024
"Hazardous material" has the meaning ascribed
				  to it in
				  NRS
				  459.428.
Added to NAC by Environmental
				  Comm'n, eff. 3-6-91
NRS 459.485,
				  459.500
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF CERTAIN CONSULTANTS AND CONTRACTORS › Section 459.9707 - "Hazardous substance" defined

Current through June 11,
				  2024
"Hazardous substance" means:
1. Any hazardous material;
2. Any hazardous waste; or
3. Any regulated substance.
Added to NAC by Environmental
				  Comm'n, eff. 3-6-91
NRS 459.485,
				  459.500
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF CERTAIN CONSULTANTS AND CONTRACTORS › Section 459.9708 - "Hazardous waste" defined

Current through June 11,
				  2024
"Hazardous waste" has the meaning ascribed to
				  it in
				  NRS
				  459.430 and NAC 444.843.
Added to NAC by Environmental
				  Comm'n, eff. 3-6-91
NRS 459.485,
				  459.500
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF CERTAIN CONSULTANTS AND CONTRACTORS › Section 459.9709 - "Management of hazardous waste" defined

Current through June 11,
				  2024
"Management of hazardous waste" means services
				  relating to the identification, sampling, handling, packaging, storage,
				  labeling, treatment, reduction, recycling, permitting, recordkeeping,
				  manifesting, transportation or disposal of hazardous waste.
Added to NAC by Environmental
				  Comm'n, eff. 3-6-91
NRS 459.485,
				  459.500
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF CERTAIN CONSULTANTS AND CONTRACTORS › Section 459.971 - "Person" defined

Current through June 11,
				  2024
"Person" has the meaning ascribed to it in
				  NRS
				  0.039.
Added to NAC by Environmental
				  Comm'n, eff. 3-6-91
NRS 459.485,
				  459.500
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF CERTAIN CONSULTANTS AND CONTRACTORS › Section 459.97102 - "Provider of an approved underground storage tank training program" defined

Current through June 11, 2024
"Provider of
				  an approved underground storage tank training program" means a natural person
				  who is certified by the Division pursuant to NAC 459.97232 and who provides
				  information to and evaluates the knowledge of Class A operators and Class B
				  operators as part of an underground storage tank training program that meets
				  the requirements of Subpart J of 40 C.F.R. Part 280, as those provisions
				  existed on November 2, 2016.
Added to NAC by
				  Environmental Comm'n by
				  R123-16A,
				  eff. 11/2/2016
NRS
				  459.500,
				  459.826
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF CERTAIN CONSULTANTS AND CONTRACTORS › Section 459.9711 - "Regulated substance" defined

Current through June 11,
				  2024
"Regulated substance" has the meaning ascribed
				  to it in
				  NRS
				  459.448.
Added to NAC by Environmental
				  Comm'n, eff. 3-6-91
NRS 459.485,
				  459.500
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF CERTAIN CONSULTANTS AND CONTRACTORS › Section 459.9712 - "Release of a hazardous substance" defined

Current through June 11,
				  2024
"Release of a hazardous substance" means the
				  discharge, deposit, injection, dumping, spilling, emitting, leaking, escaping,
				  leaching, pumping, pouring, emptying, disposing or placing of a hazardous
				  substance into the air or on land or the waters of the State. The term does not
				  include a release of a hazardous substance:
1. Specifically allowed by a permit issued
				  pursuant to state or federal law; or
2. For which a permit is not required by
				  state or federal law.
Added to NAC by Environmental
				  Comm'n, eff. 3-6-91
NRS 459.485,
				  459.500
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF CERTAIN CONSULTANTS AND CONTRACTORS › Section 459.9713 - "Response" defined

Current through June 11,
				  2024
"Response" means the provision of remedial
				  services to protect the public health, safety, welfare or environment from a
				  release of a hazardous substance, including, but not limited to, the digging,
				  cleanup, removal, abatement, containment, control, absorbance, treatment or
				  remediation of soil or water contaminated with a hazardous substance.
Added to NAC by Environmental
				  Comm'n, eff. 3-6-91
NRS 459.485,
				  459.500
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF CERTAIN CONSULTANTS AND CONTRACTORS › Section 459.9714 - "Specialist in the management of hazardous waste" defined (Repealed)

Current through June 11, 2024
Added to NAC by Environmental
				  Comm'n, eff. 3-6-91; R by
				  R123-16A,
				  eff. 11/2/2016
NRS
				  459.500,
				  459.826
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF CERTAIN CONSULTANTS AND CONTRACTORS › Section 459.9715 - "Tester of underground storage tanks" defined

Current through
				  June 11, 2024
"Tester of underground storage tanks"
				  means a natural person who is certified by the Division pursuant to NAC
				  459.9723 to test the tightness of
				  underground storage tanks pursuant to
				  40 C.F.R. Section
				  280.43(c), as that section
				  existed on June 12, 1990.
Added to NAC by Environmental
				  Comm'n, eff. 3-6-91; A by
				  R123-16A,
				  eff. 11/2/2016
NRS
				  459.500,
				  459.826
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF CERTAIN CONSULTANTS AND CONTRACTORS › Section 459.9716 - "Underground storage tank" defined

Current through June 11,
				  2024
"Underground storage tank" has the meaning
				  ascribed to it in
				  40
				  C.F.R. Section 280.12, as that section
				  existed on June 12, 1990.
Added to NAC by Environmental
				  Comm'n, eff. 3-6-91
NRS 459.485,
				  459.500
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF CERTAIN CONSULTANTS AND CONTRACTORS › Section 459.9717 - Intent of provisions

Current through June 11,
				  2024
The intent of NAC
				  459.970 to
				  459.9729, inclusive, and sections
				  2 to 6, inclusive is to carry out the provisions of
				  NRS
				  459.500 to protect persons who employ
				  consultants concerning hazardous materials and wastes.
Added to NAC by Environmental
				  Comm'n, eff. 3-6-91; A 5-3-96; A by
				  R123-16A,
				  eff. 11/2/2016
NRS
				  459.500,
				  459.826
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF CERTAIN CONSULTANTS AND CONTRACTORS › Section 459.9718 - Applicability of provisions

Current through June 11,
				  2024
The provisions of NAC
				  459.970 to
				  459.9729, inclusive, and section
				  33 of this regulation, other than the provisions which impose requirements on
				  providers of approved underground storage tank training programs, do not apply
				  to:
1. Services provided by an
				  employee of a business or public agency relative to the hazardous waste
				  management, release investigation or response or underground storage tank
				  management responsibilities of his or her employer, exclusively, while acting
				  in the course of that employment.
2. Services provided by an employee of a
				  public agency with the responsibility of regulatory enforcement, emergency
				  response, or protection of public health, welfare or the environment, while
				  acting in the course of that employment.
3. Services provided by a person who is a
				  transporter of hazardous waste that are:
(a)
				  Designated as the specific responsibility of the transporter of hazardous waste
				  under the applicable state or federal regulations; and
(b) Necessary to perform the service of
				  transportation of hazardous waste in accordance with the applicable state or
				  federal regulations.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF CERTAIN CONSULTANTS AND CONTRACTORS › Section 459.9719 - Services for which certification is required

Current through June
				  11, 2024
1. A person
				  shall not provide services as:
(a) An
				  environmental manager;
(b) A
				  handler of underground storage tanks;
(c) A tester of underground storage tanks ;
				  or
(d) A provider of an approved
				  underground storage tank training program, for a fee or in conjunction with
				  other services for which a fee is charged, unless those services are performed
				  under the direction and responsible control of a natural person who has
				  obtained certification from the Division.