reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PLANNING FOR AND RESPONDING TO DISCHARGE OF HAZARDOUS MATERIAL › Funding for State Agencies › Section 459.99167 - Requests for money from federal funding to pay for services of consultant or contractor

Current through June 11,
				  2024
1. A state agency
				  may, in its application for an allocation of money from the Commission
				  submitted pursuant to NAC 459.99162, request an allocation from the money
				  awarded to the Commission by the Federal Government pursuant to
				  42 U.S.C. §
										11005 for services to be provided by a
				  consultant or contractor which relate to planning or training state and local
				  personnel to respond to accidents and incidents involving hazardous
				  materials.
2. A request made
				  pursuant to subsection 1 must include, without limitation:
(a) Two or more competitive bids that were
				  submitted to the state agency by consultants or contractors;
(b) An itemized list of the scope of the
				  services to be provided by the consultant or contractor who was selected by the
				  state agency; and
(c) An itemized
				  quote for the costs of the services to be provided by the consultant or
				  contractor.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PLANNING FOR AND RESPONDING TO DISCHARGE OF HAZARDOUS MATERIAL › Funding for State Agencies › Section 459.99168 - Review of applications and allocation of money

Current through
				  June 11, 2024
The Commission may:
1. Place each application for an allocation
				  of money from the Contingency Account for Hazardous Materials that is submitted
				  to the Commission by a state agency for training and equipping state and local
				  personnel to respond to accidents and incidents involving hazardous materials
				  on an agenda for consideration at a future meeting of the Commission;
2. Review each application for an allocation
				  of money that is submitted by a state agency; and
3. Allocate money to a state agency:
(a) Based on the availability of money in the
				  Contingency Account for Hazardous Materials; and
(b) If the application for an allocation of
				  money satisfies the conditions set forth in NAC 459.99163 to 459.99167,
				  inclusive.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PLANNING FOR AND RESPONDING TO DISCHARGE OF HAZARDOUS MATERIAL › Funding for State Agencies › Section 459.99169 - Documentation of allocations of money

Current through June 11,
				  2024
Upon the determination of the Commission to
				  allocate money to a state agency for training and equipping state and local
				  personnel to respond to accidents and incidents involving hazardous materials,
				  the Commission will prepare documentation of the allocation of money and keep
				  such documentation on file with the Commission.
Added to NAC by St. Emergency
				  Response Comm'n by R133-03, eff. 3-26-2004
NRS
				  459.735,
				  459.740
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PLANNING FOR AND RESPONDING TO DISCHARGE OF HAZARDOUS MATERIAL › Funding for State Agencies › Section 459.99171 - Completion and submission of certain forms

Current through June
				  11, 2024
Before any money may be distributed by the
				  Commission to a state agency for training and equipping state and local
				  personnel to respond to accidents and incidents involving hazardous materials
				  or to support preparedness to combat terrorism, the state agency must complete
				  and submit to the Commission the following forms provided by the
				  Commission:
1. The Certified
				  Assurances Form indicating that the state agency agrees to comply with the
				  rules and regulations governing the allocation of money by the Commission. The
				  form must be signed by the head of the state agency or his or her
				  designee.
2. The Compliance
				  Certification Form indicating that the state agency has complied with the
				  administrative requirements for an allocation of money from the Contingency
				  Account for Hazardous Materials.
Added to NAC by St. Emergency
				  Response Comm'n by R133-03, eff. 3-26-2004; A by R177-05, 6-1-2006; R120-08,
				  12-17-2008
NRS
				  459.735,
				  459.740
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PLANNING FOR AND RESPONDING TO DISCHARGE OF HAZARDOUS MATERIAL › Funding for State Agencies › Section 459.99172 - Reimbursement of expenditures: Requirements for disbursement of money

Current through June 11, 2024
1. Except as otherwise provided in NAC
				  459.99173, the money allocated to a state agency for training and equipping
				  state and local personnel to respond to accidents and incidents involving
				  hazardous materials by the Commission from the Contingency Account for
				  Hazardous Materials will be disbursed on the basis of reimbursement for
				  expenditures authorized in the allocation of money.
2. If the state agency seeks to be reimbursed
				  for an expenditure authorized in the allocation of money, the state agency must
				  submit a request for reimbursement to the Commission not later than 30 days
				  after the last day of the quarter or 45 days after the end of the award
				  period.
3. A request for
				  reimbursement must include a financial report, on a form approved by the
				  Commission, consisting of an accounting of the expenditure, the invoice for the
				  expenditure and proof of payment by the state agency.
4. Within 5 working days after receiving a
				  request for reimbursement, the Commission will conduct an audit of the
				  financial report submitted to the Commission to ensure that the expenditure for
				  which the state agency is requesting reimbursement is authorized in the
				  allocation of money. If the Commission approves the request, the Commission
				  will process the payment within 1 working day after approval of the
				  request.
Added to NAC by St. Emergency
				  Response Comm'n by R133-03, eff. 3-26-2004; A by R177-05,
				  6-1-2006
NRS
				  459.735,
				  459.740
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PLANNING FOR AND RESPONDING TO DISCHARGE OF HAZARDOUS MATERIAL › Funding for State Agencies › Section 459.99173 - Advance funding for expected expenditures exceeding $2,000

Current through June 11, 2024
1. A state agency which receives an
				  allocation of money from the Commission for training or equipping state and
				  local personnel to respond to accidents and incidents involving hazardous
				  materials and which has an expected expenditure exceeding $2,000 may submit a
				  request to the Commission for advance funding.
2. The request for advance funding must
				  include a financial report, on a form approved by the Commission, consisting of
				  a copy of the purchase order indicating the date of processing for the purchase
				  and the cost of the purchase.
3.
				  Within 5 working days after receiving a request for advance funding, the
				  Commission will verify that the expenditure for which the state agency is
				  requesting advance funding is authorized in the documentation of the allocation
				  of money. If the Commission approves the request, the Commission will process
				  the payment to the state agency.
4.
				  Within 30 days after a check for advance funding is issued to the state agency,
				  the state agency shall submit to the Commission a financial report, on a form
				  approved by the Commission, that includes any invoices for the expenditure and
				  proof of payment.
5. If the
				  expenditure is not made within 30 days after a check for advance funding is
				  issued to the state agency, the state agency must return to the Commission the
				  amount of the advance funding within 45 days after the issuance of the check
				  for advance funding.
6. If a check
				  for advance funding issued to the state agency is in excess of the actual
				  expenditure, the state agency must return to the Commission the amount of the
				  advance funding that is in excess of the actual expenditure within 45 days
				  after the date of issuance of the check for advance funding.
7. If the state agency fails to return an
				  amount of advance funding as required pursuant to this section, the Commission
				  may withhold funding from the state agency in the future.
8. As used in this section, "advance funding"
				  means an advance of the money allocated to pay for any expenditures.
Added to NAC by St. Emergency
				  Response Comm'n by R133-03, eff. 3-26-2004
NRS
				  459.735,
				  459.740
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PLANNING FOR AND RESPONDING TO DISCHARGE OF HAZARDOUS MATERIAL › Funding for State Agencies › Section 459.99174 - Quarterly financial reports

Current through June 11,
				  2024
Unless a financial report is submitted pursuant
				  to NAC 459.99172 or 459.99173, a state agency which receives an allocation of
				  money from the Commission for training or equipping state and local personnel
				  to respond to accidents and incidents involving hazardous materials must submit
				  to the Commission a quarterly financial report. The quarterly financial report
				  must be submitted on a form approved by the Commission not later than 30 days
				  after the last day of the quarter indicating that no expenditures were made
				  during that quarter.
Added to NAC by St. Emergency
				  Response Comm'n by R133-03, eff. 3-26-2004
NRS
				  459.735,
				  459.740
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PLANNING FOR AND RESPONDING TO DISCHARGE OF HAZARDOUS MATERIAL › Funding for State Agencies › Section 459.99175 - Past due financial reports

Current through June 11,
				  2024
If a financial report required to be submitted
				  pursuant to NAC 459.99172, 459.99173 or 459.99174:
1. Is at least 30 days past due but less than
				  45 days past due, the Commission will notify the state agency required to
				  submit the financial report.
2. Is
				  at least 45 days past due but less than 60 days past due, the Commission will
				  notify the head of the state agency required to submit the financial
				  report.
3. Is at least 60 days past
				  due, the Commission may in the future withhold funding from the state agency
				  required to submit the financial report.
Added to NAC by St. Emergency
				  Response Comm'n by R133-03, eff. 3-26-2004
NRS
				  459.735,
				  459.740
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PLANNING FOR AND RESPONDING TO DISCHARGE OF HAZARDOUS MATERIAL › Funding for State Agencies › Section 459.99177 - Request to revise use of money after allocation

Current through
				  June 11, 2024
1. If
				  circumstances pertaining to the use of money change after the Commission
				  approves the allocation of money to a state agency, the state agency shall
				  submit to the Commission a request, on a form approved by the Commission, to
				  revise the use of the money for another purpose.
2. If the request to revise the use of money
				  constitutes a change of 10 percent or more of the total amount of the money
				  allocated or constitutes a significant change to the scope of the intent of the
				  original application, before the state agency may carry out the change, the
				  request must be:
(a) Approved by the Chair of
				  the Funding Committee; and
(b) If
				  required by the Chair of the Funding Committee, reviewed and approved by the
				  Funding Committee on the record at a meeting of the Funding
				  Committee.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PLANNING FOR AND RESPONDING TO DISCHARGE OF HAZARDOUS MATERIAL › Imposition and Payment of Fees › Section 459.9918 - Fees for certain services and regulatory activities of Commission

Current through June 11, 2024
The
				  Commission will charge a person for whom it performs a service or regulatory
				  activity the fees set forth in the following schedule:
1. For processing a report filed with the
				  Commission pursuant to 40 C.F.R. Part 370, Subpart B, except for a report of an
				  extremely hazardous material pursuant to NAC
				  459.99181.................................. $100
2. For each hour or fraction thereof that an
				  employee, agent, contractor or other designee of the Commission spends in
				  responding to a request for information, except for a request for information
				  made pursuant to 40 C.F.R. Part 370, Subpart
				  C.....................................................................................................................
				  $50
Added to NAC by St. Emergency
				  Response Comm'n by R034-00, eff. 6-20-2000; A by R133-03, 3-26-2004-Substituted
				  in revision for NAC 459.9916
NRS
				  459.740,
				  459.744
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PLANNING FOR AND RESPONDING TO DISCHARGE OF HAZARDOUS MATERIAL › Imposition and Payment of Fees › Section 459.99181 - Fees for storage of extremely hazardous materials

Current
				  through June 11, 2024
1.
				  The filing fee required pursuant to paragraph (a) of subsection 2 of
				  NRS
				  459.744 is $100 for each facility in which
				  extremely hazardous material is stored.
2. The surcharge required pursuant to
				  paragraph (b) of subsection 2 of
				  NRS
				  459.744 is $100 per ton for each ton of
				  material stored in excess of 1 ton.
Added to NAC by St. Emergency
				  Response Comm'n, eff. 8-25-92; A by R077-98, 9-25-98; R034-00, 6-20-2000;
				  R133-03, 3-26-2004; R177-05, 6-1-2006
NRS
				  459.704,
				  459.740,
				  459.744
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PLANNING FOR AND RESPONDING TO DISCHARGE OF HAZARDOUS MATERIAL › Imposition and Payment of Fees › Section 459.99182 - Fees for manufacture for transport of extremely hazardous material

Current through June 11, 2024
1. The filing fee required pursuant to
				  paragraph (a) of subsection 3 of
				  NRS
				  459.744 is $100.
2. The surcharge required pursuant to
				  paragraph (b) of subsection 3 of
				  NRS
				  459.744 is $100 for each ton of material
				  which is manufactured for transport in this State.
3. In accordance with subsection 3 of
				  NRS
				  459.744, the Commission will not require any
				  person to pay more than $2,000 in fees imposed pursuant to this section for any
				  calendar year.
Added to NAC by St. Emergency
				  Response Comm'n, eff. 8-25-92; A by R077-98, 9-25-98; R034-00, 6-20-2000;
				  R133-03, 3-26-2004-Substituted in revision for NAC
				  459.9919
NRS
				  459.704,
				  459.740,
				  459.744
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PLANNING FOR AND RESPONDING TO DISCHARGE OF HAZARDOUS MATERIAL › Imposition and Payment of Fees › Section 459.991825 - Reporting fee for submission of toxic chemical release form

Current through June 11, 2024
The
				  reporting fee required pursuant to subsection 4 of
				  NRS
				  459.744 is $500 for each person who is
				  required to submit a toxic chemical release form pursuant to
				  42
				  U.S.C. §§
										11001 et seq.
Added to NAC by St. Emergency
				  Response Comm'n by R177-05, eff. 6-1-2006
NRS
				  459.704,
				  459.740,
				  459.744
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PLANNING FOR AND RESPONDING TO DISCHARGE OF HAZARDOUS MATERIAL › Imposition and Payment of Fees › Section 459.99183 - Failure to pay required fee when due

Current through June 11,
				  2024
1. If a person
				  fails to pay a fee required pursuant to NAC
				  459.9918,
				  459.99181,
				  459.99182 or
				  459.991825 on or before the
				  applicable due date, the Commission will send a written notice to the person
				  stating that the fee has not been paid and notifying the person of the
				  provisions of subsection 2.
2. If a
				  person fails to pay a fee required pursuant to NAC
				  459.9918,
				  459.99181,
				  459.99182 or
				  459.991825 within 90 days after
				  receiving written notification of failure to pay pursuant to subsection 1, the
				  Commission will:
(a) Submit the matter to the
				  Attorney General to initiate proceedings against the person pursuant to
				  NRS
				  459.775; and
(b) Assign the debt for collection to the
				  State Controller pursuant to
				  NRS
				  353C.195.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PLANNING FOR AND RESPONDING TO DISCHARGE OF HAZARDOUS MATERIAL › Imposition and Payment of Fees › Section 459.991835 - Limitation on amount of certain fees

Current through June 11,
				  2024
The Commission will not require any person to
				  pay more than $7,500 in fees imposed pursuant to subsection 1 of NAC 459.9918,
				  NAC 459.99181 or 459.991825 for any calendar year.
Added to NAC by St. Emergency
				  Response Comm'n by R177-05, eff. 6-1-2006
NRS
				  459.704,
				  459.740,
				  459.744
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PLANNING FOR AND RESPONDING TO DISCHARGE OF HAZARDOUS MATERIAL › Imposition and Payment of Fees › Section 459.99184 - Overpayment of required fee

Current through June 11,
				  2024
If a person has overpaid a fee required
				  pursuant to NAC 459.9918, 459.99181, 459.99182 or 459.991825, the Commission
				  will:
1. Send a written notice to the
				  person indicating the amount of the overpayment; and
2. Unless the person submits a request for a
				  refund of the amount of the overpayment, credit the account of the person in
				  the amount of the overpayment to be applied toward future fees imposed upon the
				  person pursuant to NAC 459.9918, 459.99181, 459.99182 or 459.991825.
Added to NAC by St. Emergency
				  Response Comm'n by R133-03, eff. 3-26-2004; A by R177-05,
				  6-1-2006
NRS
				  459.704,
				  459.740
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PLANNING FOR AND RESPONDING TO DISCHARGE OF HAZARDOUS MATERIAL › Appeals › Section 459.99189 - Appeal of decision of Commission or staff member of Commission

Current through June 11, 2024
1. If a local emergency planning committee or
				  a state agency is not satisfied with a decision by the Commission or by a staff
				  member of the Commission, the local emergency planning committee or state
				  agency may file an appeal with the Administrator of the Commission. The appeal
				  must be filed in writing, including the grounds for the appeal and any
				  supporting documentation, within 35 days after the receipt of notice by the
				  local emergency planning committee or state agency of the original
				  decision.
2. Except as otherwise
				  provided in this subsection, after the receipt of an appeal pursuant to this
				  section, the Administrator or his or her designee shall present a report to the
				  Commission at its next meeting. If an appeal is received after the deadline for
				  placing items on the agenda for the next meeting of the Commission, the
				  Administrator or his or her designee shall present the report to the Commission
				  at its next following meeting. The report presented to the Commission will
				  include the grounds for the appeal, supporting documentation, information
				  concerning the claim and recommendations for action by the
				  Commission.
3. Not later than 10
				  days before the date of the meeting in which an appeal will be heard, the
				  Administrator or his or her designee shall notify the local emergency planning
				  committee or state agency in writing of the date, time and place of the
				  meeting.
4. The local emergency
				  planning committee or state agency may appear in person to present the reason
				  for appeal.
5. The Commission may
				  render a decision on the claim at the time of the meeting or may defer action
				  to a future meeting if additional information is required for review.
6. The Administrator or his or her designee
				  shall mail to the participant by first-class mail notice of the decision of the
				  Commission within 15 days after the decision is rendered.
7. A decision by the Commission regarding an
				  appeal is final.
Added to NAC by St. Emergency
				  Response Comm'n by R177-05, eff. 6-1-2006; A by R120-08, 12-17-2008; A by
				  R059-22A,
				  eff. 12/29/2022
NRS
				  459.740
Nevada Administrative Code › Chapter 459 - Hazardous Materials › STORAGE TANKS › Section 459.9921 - Definitions

Current through June 11, 2024
As used in
				  NAC 459.9921 to
				  459.999, inclusive, unless the
				  context otherwise requires :
1. The
				  words and terms defined in NAC
				  459.9922 to
				  459.9929, inclusive, have the
				  meanings ascribed to them in those sections.
2. The words and terms defined in
				  40
				  C.F.R. §
									280.12, as that section existed
				  on October 13, 2015, have the meanings ascribed to them in that
				  section.
Added to NAC by Environmental
				  Comm'n, eff. 10-9-90; A by R083-05, 10-31-2005; R004-08 & R005-08,
				  4-17-2008; R189-08, 8-25-2009; A by
				  R106-16A,
				  eff. 11/2/2016
NRS
				  459.826
Nevada Administrative Code › Chapter 459 - Hazardous Materials › STORAGE TANKS › Section 459.99233 - "Class A operator" defined (Repealed)

Current through June 11,
				  2024
Added to NAC by Environmental
				  Comm'n by R052-11, 5-30-2012, eff. 8-8-2012; R by
				  R106-16A,
				  eff. 11/2/2016
NRS
				  459.826
Nevada Administrative Code › Chapter 459 - Hazardous Materials › STORAGE TANKS › Section 459.99236 - "Class B operator" defined (Repealed)

Current through June 11,
				  2024
Added to NAC by Environmental
				  Comm'n by R052-11, 5-30-2012, eff. 8-8-2012; R by
				  R106-16A,
				  eff. 11/2/2016
NRS
				  459.826
Nevada Administrative Code › Chapter 459 - Hazardous Materials › STORAGE TANKS › Section 459.99239 - "Class C operator" defined (Repealed)

Current through June 11,
				  2024
Added to NAC by Environmental
				  Comm'n by R052-11, 5-30-2012, eff. 8-8-2012; R by
				  R106-16A,
				  eff. 11/2/2016
NRS
				  459.826
Nevada Administrative Code › Chapter 459 - Hazardous Materials › STORAGE TANKS › Section 459.9924 - "Corrective action" defined

Current through June 11,
				  2024
"Corrective action" means a permanent remedy
				  that is taken if a regulated substance is released to prevent the substance
				  from migrating and causing danger to the present or future health of the public
				  or to the environment.
Added to NAC by Environmental
				  Comm'n, eff. 10-9-90
NRS
				  459.826
Nevada Administrative Code › Chapter 459 - Hazardous Materials › STORAGE TANKS › Section 459.9928 - "Groundwater" defined

Current through June 11,
				  2024
"Groundwater" has the meaning ascribed to it in
				  NAC 444.579.
Added to NAC by Environmental
				  Comm'n, eff. 10-9-90; A 1-23-96
NRS
				  459.826
Nevada Administrative Code › Chapter 459 - Hazardous Materials › STORAGE TANKS › Section 459.99283 - "Listed" defined

Current through June 11,
				  2024
"Listed" has the meaning ascribed to it in
				  section 202 of the
International Fire Code
, 2003
				  edition.
Added to NAC by Environmental
				  Comm'n by R083-05, eff. 10-31-2005
NRS
				  459.826
Nevada Administrative Code › Chapter 459 - Hazardous Materials › STORAGE TANKS › Section 459.99285 - "Marina storage tank" defined

Current through June 11,
				  2024
"Marina storage tank" means a petroleum storage
				  tank used to provide fuel to water vessels, at least 90 percent of which is
				  either above ground level or in or over water and which has a capacity of at
				  least 110 gallons but not more than 12,000 gallons. The term includes all
				  piping connected to the tank, except piping, valves, hoses, filters and nozzles
				  associated with the fuel dispenser.
Added to NAC by Environmental
				  Comm'n by R083-05, eff. 10-31-2005
NRS
				  459.826
Nevada Administrative Code › Chapter 459 - Hazardous Materials › STORAGE TANKS › Section 459.99286 - "Motor fuel" defined (Repealed)

Current through June 11,
				  2024
Added to NAC by Environmental
				  Comm'n by R005-08, eff. 4-17-2008; R by
				  R106-16A,
				  eff. 11/2/2016
NRS
				  459.826
Nevada Administrative Code › Chapter 459 - Hazardous Materials › STORAGE TANKS › Section 459.99287 - "Petroleum" defined (Repealed)

Current through June 11,
				  2024
Added to NAC by Environmental
				  Comm'n by R083-05, eff. 10-31-2005; R by
				  R106-16A,
				  eff. 11/2/2016
NRS
				  459.826
Nevada Administrative Code › Chapter 459 - Hazardous Materials › STORAGE TANKS › Section 459.99288 - "Red tag" defined

Current through June 11,
				  2024
"Red tag" means a unique identification device,
				  tag or other mechanism of a design approved by the Division that is placed on
				  the fill pipe of an underground storage tank to indicate that the underground
				  storage tank is ineligible to receive a delivery of a regulated
				  substance.
Added to NAC by Environmental
				  Comm'n by R004-08, eff. 4-17-2008
NRS
				  459.826
Nevada Administrative Code › Chapter 459 - Hazardous Materials › STORAGE TANKS › Section 459.992885 - "Secondary containment system" defined (Repealed)

Current through
				  June 11, 2024
Added to NAC by Environmental
				  Comm'n by R005-08, eff. 4-17-2008; R by
				  R106-16A,
				  eff. 11/2/2016
NRS
				  459.826
Nevada Administrative Code › Chapter 459 - Hazardous Materials › STORAGE TANKS › Section 459.99289 - "Under-dispenser container" defined (Repealed)

Current through June 11,
				  2024
Added to NAC by Environmental
				  Comm'n by R005-08, eff. 4-17-2008; R by
				  R106-16A,
				  eff. 11/2/2016
NRS
				  459.826
Nevada Administrative Code › Chapter 459 - Hazardous Materials › STORAGE TANKS › Section 459.9929 - "Underground storage tank" defined

Current through June 11,
				  2024
"Underground storage tank" has the meaning
				  ascribed to it in
				  40
				  C.F.R. §
									280.12.
Added to NAC by Environmental
				  Comm'n, eff. 10-9-90; A by R083-05, 10-31-2005
NRS
				  459.826
Nevada Administrative Code › Chapter 459 - Hazardous Materials › STORAGE TANKS › Section 459.993 - Federal regulations: Adoption by reference of certain provisions regarding underground storage tanks; compliance required

Current through
				  June 11, 2024
1. The
				  State Environmental Commission hereby adopts by reference the provisions of
				  40
				  C.F.R. §§
									280.10 to
				  280.116,
				  inclusive, and 280.240 to 280.252, inclusive, as they existed on October 13,
				  2015. A copy of the volume containing these provisions may be :
(a) Obtained at a cost of $56 by mail from
				  the Superintendent of Documents, U.S. Government Printing Office, P.O. Box
				  979050, St. Louis, Missouri 63197-9000, by toll-free telephone at (866)
				  512-1800 or at the Internet address
https://bookstore.gpo.gov
; and
(b) Viewed in electronic
				  format at the Internet address
www.ecfr.gov
.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › STORAGE TANKS › Section 459.9931 - Adoption by reference of certain chapters of International Fire Code

Current through June 11, 2024
The State
				  Environmental Commission hereby adopts by reference chapters 2, 22 and 34 of
				  the
International Fire Code
, 2003 edition. A copy of the
				  volume containing these provisions may be obtained at the cost of $70 from the
				  International Code Council at the Internet address
http://www.iccsafe.org
.
Added to NAC by Environmental
				  Comm'n by R083-05, eff. 10-31-2005
NRS
				  459.826,
				  459.830
Nevada Administrative Code › Chapter 459 - Hazardous Materials › STORAGE TANKS › Section 459.9933 - Marina storage tanks: Registration; fee; date for compliance

Current through June 11, 2024
The owner or
				  operator of a marina storage tank shall register each marina storage tank
				  compartment with the Division on a prescribed form and pay an annual fee of $50
				  for each registered marina storage tank compartment.
Added to NAC by Environmental
				  Comm'n by R083-05, eff. 10-31-2005; A by
				  R106-16A,
				  eff. 11/2/2016
NRS
				  459.826
Nevada Administrative Code › Chapter 459 - Hazardous Materials › STORAGE TANKS › Section 459.9934 - Marina storage tanks: Construction, design, location and overfill prevention

Current through June 11,
				  2024
1. A marina storage
				  tank must meet the requirements of chapters 2, 22 and 34 of the International
				  Fire Code , 2003 edition, with regard to construction, design, location and
				  overfill prevention.
2. Any
				  metallic portion of a marina storage tank or its piping system that is in
				  contact with the soil or water and is subject to corrosion must be protected
				  from corrosion by a continuously operating cathodic protection system that is
				  properly engineered, installed and maintained in accordance with
				  40 C.F.R. §§
									280.20(a)(2) and
				  280.20(b)(2).
				  A metal tank sitting on a concrete slab will be considered in contact with the
				  soil unless it is insulated from the concrete by a dielectric material.
				  Anchoring hardware is not considered part of the tank.
Added to NAC by Environmental
				  Comm'n by R083-05, eff. 10-31-2005; A by
				  R106-16A,
				  eff. 11/2/2016
NRS
				  459.826,
				  459.830
Nevada Administrative Code › Chapter 459 - Hazardous Materials › STORAGE TANKS › Section 459.9935 - Marina storage tanks: Secondary containment

Current through
				  June 11, 2024
1. A
				  marina storage tank must have a secondary containment area for the fuel stored
				  in the tank.
2. Multiple products
				  stored within the same containment area must be compatible with each
				  other.
3. If the secondary
				  containment area is open to precipitation, it must be capable of containing 110
				  percent of the capacity of the largest tank plus the volume displaced by the
				  other tanks within the containment area.
4. The secondary containment area must be
				  made of concrete or steel and be compatible with and impermeable to the
				  products stored in the tank.
5.
				  Liquid discharges to the environment from the secondary containment area are
				  prohibited if contamination of the liquid by a regulated substance is suspected
				  or detected.
6. The secondary
				  containment area must not include any uncapped drain that extends outside of
				  the containment area.
7. A
				  double-walled tank does not require additional containment if:
(a) All piping connections to the tank are
				  made above the normal maximum liquid level;
(b) A mechanism is provided to prevent the
				  release of liquid from the tank by siphon flow;
(c) A mechanism, accessible to a delivery
				  operator, is provided for determining the level of liquid in the
				  tank;
(d) A mechanism which does
				  not restrict or interfere with the proper functioning of the normal vent or
				  emergency vent is provided to prevent overfilling by sounding an alarm when the
				  liquid level in the tank reaches 90 percent of capacity and by automatically
				  stopping the delivery of liquid to the tank when the level in the tank reaches
				  95 percent of capacity;
(e) The
				  interstitial space is enclosed and the space has emergency venting;
				  and
(f) A means is provided to
				  verify the integrity of the double wall.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › STORAGE TANKS › Section 459.9936 - Marina storage tanks: Piping and valves

Current through June
				  11, 2024
1. If, on a
				  marina storage tank:
(a) A submersible pump is
				  used, a listed emergency shutoff valve must be installed at each dispensing
				  device.
(b) A suction pump-type
				  dispensing device is used, a listed vacuum-actuated shutoff valve with a shear
				  section or equivalent-type valve must be installed directly under each
				  dispensing device.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › STORAGE TANKS › Section 459.9937 - Marina storage tanks: Dispensing equipment

Current through
				  June 11, 2024
1. A
				  control must be installed that will permit the fuel delivery pump to operate
				  only when a dispensing nozzle is removed from its bracket or normal position
				  with respect to the dispensing device and only when the switch on the
				  dispensing device is manually actuated. The control must also stop the pump
				  when all nozzles have been returned either to their brackets or to the normal
				  nondispensing position.
2.
				  Dispensers not integral with the tank must have sumps with operating
				  leak-monitoring sensors that automatically shut off the electricity to the
				  pumping device.
3. Dispenser hoses
				  must be checked and a record kept on a daily basis for evidence of blistering,
				  carcass saturation or separation, for cuts, nicks or abrasions that expose
				  reinforced material, and for slippage, misalignment or leaks at couplings.
				  Defective hoses must be removed from service within 48 hours after evidence of
				  failure.
4. At least once each
				  month, each dispenser hose must be completely extended and inspected as
				  follows:
(a) The hose couplings and the first
				  12 inches of hose adjacent to the couplings must be examined.
(b) The dispenser hose must be checked for
				  structural weakness evidenced by soft spots by pressing the hose in the area
				  around its entire circumference. Any hose that shows evidence of soft spots
				  must be removed from service.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › STORAGE TANKS › Section 459.9938 - Marina storage tanks: Filling equipment; monitoring; testing; daily inventory records

Current through June 11,
				  2024
1. Except as
				  otherwise provided in subsection 3, all aboveground marina storage tanks must
				  be filled through a liquid-tight connection enclosed in a grounded fill pipe
				  spill-containment box that is located at least 3 feet above the ground and at
				  least 20 feet away from a body of water and is capable of containing a minimum
				  of 5 gallons.
2. Except as
				  otherwise provided in subsection 3, all marina storage tanks filled by means of
				  remote piping must have installed in the piping at a point where connection and
				  disconnection is made between the tank and a delivery vehicle either a check
				  valve and shutoff valve with a quick-connect coupling or a check valve with a
				  dry-break coupling. The check valve device must be protected from tampering and
				  physical damage.
3. The provisions
				  of subsections 1 and 2 do not apply to a marina storage tank:
(a) With a capacity of 1,100 gallons or less;
				  or
(b) That is not equipped to
				  accept a tight-fill and is instead filled from a delivery nozzle on a delivery
				  vehicle.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › STORAGE TANKS › Section 459.99395 - Underground storage tanks: Designation of Class A operators, Class B operators and Class C operators

Current through June 11,
				  2024
1. The owner or
				  operator of an underground storage tank shall, for each underground storage
				  tank he or she owns or operates, designate one or more persons as a Class A
				  operator , a Class B operator and a Class C operator in accordance with
				  40 C.F.R. §
									280.241.
2. An owner or operator may, for the purposes
				  of complying with subsection 1, designate himself or herself as a Class A
				  operator, Class B operator or Class C operator if the owner or operator meets
				  the training or examination requirements prescribed in NAC
				  459.99396 for the class of
				  operator for which he or she has been designated.
3. An owner or operator may, for the purposes
				  of complying with subsection 1, designate a person as more than one class of
				  operator if the person meets the training or examination requirements
				  prescribed in NAC
				  459.99396 for each class of
				  operator for which the person has been designated.
4. The owner or operator of an underground
				  storage tank shall maintain a list of persons who are designated by the owner
				  or operator as Class A operators, Class B operators and Class C operators in
				  accordance with
				  40
				  C.F.R. §
									280.245. Records maintained
				  pursuant to this subsection must be made available to the Division upon
				  request.
Added to NAC by Environmental
				  Comm'n by R052-11, 5-30-2012, eff. 8-8-2012; A by
				  R106-16A,
				  eff. 11/2/2016
NRS
				  459.826
Nevada Administrative Code › Chapter 459 - Hazardous Materials › STORAGE TANKS › Section 459.99396 - Underground storage tanks: Training programs for Class A operators and Class B operators

Current through June 11,
				  2024
1. The owner or
				  operator of an underground storage tank shall ensure that:
(a) A Class A operator or a Class B operator
				  successfully completes not later than 30 days after being designated as such:
(1) A program of training that complies with
				  the requirements of
				  40 C.F.R. §
											280.242 applicable to the class for which the
				  person has been designated and that is provided by a person who is certified by
				  the Division; or
(2) A comparable
				  examination, as described in
				  40 C.F.R. §
											280.242(e).
Nevada Administrative Code › Chapter 459 - Hazardous Materials › STORAGE TANKS › Section 459.99397 - Underground storage tanks: Training programs for Class C operators (Repealed)

Current through June 11, 2024
Added to NAC by Environmental
				  Comm'n by R052-11, 5-30-2012, eff. 8-8-2012; R by
				  R106-16A,
				  eff. 11/2/2016
NRS
				  459.826
Nevada Administrative Code › Chapter 459 - Hazardous Materials › STORAGE TANKS › Section 459.994 - Underground storage tanks: Testing for tightness

Current through
				  June 11, 2024
1. Except
				  as otherwise provided in this section, each owner or operator of an underground
				  storage tank shall provide a method, or combination of methods, of release
				  detection in accordance with
				  40 C.F.R. §§
									280.40 to
				  280.45,
				  inclusive.
2. Tightness testing
				  conducted pursuant to
				  40 C.F.R. §§
									280.43(c) and
				  280.44(b)
				  must be performed by a contractor certified by the Division.
The owner or
				  operator shall retain a certificate from the person performing the test showing
				  that the test has been performed. The certificate must be made on a form
				  approved by the Division.
3. Except as otherwise provided in this
				  subsection, tightness testing must be conducted on an abandoned underground
				  storage tank in accordance with
				  40 C.F.R. §§
									280.43(c) and
				  280.44(b)
				  before it is returned to service. If tightness testing on the abandoned
				  underground storage tank will cause a threat to human health or the
				  environment, as determined by the Division, the Division may waive the test or
				  require any other method of testing in accordance with the provisions of
				  40 C.F.R. §§
									280.43(i) and
				  280.44(c).
				  The allocation of costs pursuant to
				  NRS
				  445C.370 or
				  445C.380
				  will be applied if there is a discharge from the storage tank.
4. Tightness testing is not required before
				  an underground storage tank is permanently closed pursuant to
				  40 C.F.R. §
									280.71(b) if the Division:
(a) Has no record of the storage tank being
				  installed, operated or closed; and
(b) Is unable to locate the owner of the
				  storage tank.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › STORAGE TANKS › Section 459.9941 - Underground storage tanks: Ineligibility to receive delivery of regulated substance; placement of red tag

Current through June 11,
				  2024
An underground storage tank is ineligible to
				  receive a delivery of a regulated substance if:
1. The Division:
(a) Determines that any required component of
				  the underground storage tank is not installed, including, without limitation,
				  any equipment that is designed to:
(1)
				  Prevent a spill or overfill;
(2)
				  Detect a leak; or
(3) Protect the
				  underground storage tank from corrosion; or
Nevada Administrative Code › Chapter 459 - Hazardous Materials › STORAGE TANKS › Section 459.9942 - Underground storage tanks: Notice of determination that tank is ineligible to receive delivery of regulated substance

Current through June
				  11, 2024
If the Division determines that an
				  underground storage tank located at a facility specified by the Division is
				  ineligible to receive a delivery of a regulated substance, the Division shall
				  provide a written notice of that determination to the owner or operator or an
				  on-site employee of the facility. The notice must include, without
				  limitation:
1. An identification of
				  the underground storage tank;
2.
				  The date the Division makes the determination of ineligibility;
3. The date of placement of the red tag by
				  the Division or the date by which the red tag must be placed on the underground
				  storage tank, if the Division orders the red tag to be placed by the owner or
				  operator of the facility;
4.
				  Instructions for placing the red tag on the fill pipe of the underground
				  storage tank, if the Division orders the red tag to be placed by the owner or
				  operator of the facility;
5. The
				  criteria used by the Division to make the determination of ineligibility;
				  and
6. The specific remedial
				  actions which the owner or operator of the facility must take in order for the
				  Division to reclassify the underground storage facility tank as eligible to
				  receive a delivery of a regulated substance.
Added to NAC by Environmental
				  Comm'n by R004-08, eff. 4-17-2008
NRS
				  459.826,
				  459.830
Nevada Administrative Code › Chapter 459 - Hazardous Materials › STORAGE TANKS › Section 459.9943 - Underground storage tanks: Request for or acceptance of delivery of regulated substance to tank marked with red tag prohibited; deferral of prohibition

Current through June 11, 2024
1. Except as otherwise provided in subsection
				  2, an owner or operator of a facility specified by the Division at which an
				  underground storage tank is located shall not request or accept a delivery of a
				  regulated substance to the underground storage tank if the underground storage
				  tank is marked with a red tag in accordance with the provisions of NAC 459.9941
				  and 459.9942.
2. The Division may
				  authorize a single delivery, or multiple deliveries for not more than 180 days,
				  to an underground storage tank that is marked with a red tag by providing a
				  deferral in writing to the owner or operator of the facility, if the owner or
				  operator demonstrates to the satisfaction of the Division that the delivery:
(a) Is required because of an
				  emergency;
(b) Is for the purpose
				  of testing or calibrating the underground storage tank to reestablish
				  eligibility to receive a delivery pursuant to NAC 459.9944; or
(c) Is required to maintain the availability
				  of, or access to, motor vehicle fuel in any rural or remote area of this State
				  specified by the Division.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › STORAGE TANKS › Section 459.9944 - Underground storage tanks: Reclassification of tank marked with red tag as eligible to receive delivery of regulated substance

Current
				  through June 11, 2024
If the Division determines
				  that an underground storage tank is ineligible to receive a delivery of a
				  regulated substance and the underground storage tank is marked with a red tag
				  pursuant to NAC
				  459.9941 and
				  459.9942, the Division may
				  reclassify the underground storage tank as eligible to receive such a delivery
				  if:
1. The owner or operator of the
				  facility at which the underground storage tank is located provides to the
				  Division documentation setting forth the remedial actions taken to install any
				  required equipment or to correct any failure to comply for which the tank was
				  marked with the red tag;
2. The
				  Division reviews the documentation to determine the appropriateness of the
				  remedial action taken:
(a) Except as otherwise
				  provided in paragraph (b), within 7 days after the Division receives the
				  documentation; or
(b) Within 14
				  days after the Division receives the documentation, if the Division determines
				  that an inspection of the site of the underground storage tank is required;
				  and
Nevada Administrative Code › Chapter 459 - Hazardous Materials › STORAGE TANKS › Section 459.9945 - Underground storage tanks: Secondary containment system required on tank installed on or after July 1, 2008; exceptions

Current through June
				  11, 2024
1. Except as
				  otherwise provided in subsection 2 , secondary containment is required for all
				  underground storage tanks installed on or after July 1, 2008. Secondary
				  containment for a new underground storage tank must meet the criteria for
				  secondary containment set forth in
				  40 C.F.R. §
									280.20.
2. The provisions of subsection 1 do not
				  apply to underground storage tanks existing at a facility before July 1, 2008,
				  which may be connected by piping or coupled through a manifold to the new
				  underground storage tank.
Added to NAC by Environmental
				  Comm'n by R005-08, eff. 4-17-2008; A by
				  R106-16A,
				  eff. 11/2/2016
NRS
				  459.826,
				  459.830
Nevada Administrative Code › Chapter 459 - Hazardous Materials › STORAGE TANKS › Section 459.9946 - Underground storage tanks: Secondary containment system required upon replacement of tank or piping; exceptions

Current through June 11,
				  2024
1. Except as
				  otherwise provided in subsection 2 , secondary containment which meets the
				  criteria set forth in
				  40 C.F.R. §
									280.20 is required for any existing
				  underground storage tank which is replaced, including the replacement of any
				  piping that constitutes a portion of the underground storage tank regardless of
				  whether the piping is replaced in conjunction with or separately from other
				  portions of the underground storage tank.
2. The provisions of subsection 1 apply
				  solely to those portions of an underground storage tank that are replaced and
				  not to any other portion that remains in place, including any other underground
				  storage tank that is connected to the replaced tank by piping or coupled
				  through a manifold.
3. Piping is
				  not considered to be replaced for purposes of this section unless the entire
				  amount of a run of piping , excluding connectors, from one component to another
				  component of the underground storage tank is replaced, including, without
				  limitation, a component consisting of an individual tank, dispenser or piece of
				  ancillary equipment.
Added to NAC by Environmental
				  Comm'n by R005-08, eff. 4-17-2008; A by
				  R106-16A,
				  eff. 11/2/2016
NRS
				  459.826,
				  459.830
Nevada Administrative Code › Chapter 459 - Hazardous Materials › STORAGE TANKS › Section 459.9947 - Underground storage tanks: Duties of owner or operator required to implement secondary containment system

Current through June 11,
				  2024
An owner or operator of an underground storage
				  tank who is required to implement secondary containment for that underground
				  storage tank pursuant to NAC
				  459.9945 and
				  459.9946 shall:
1. Notify the Division not less than 30 days
				  before the installation or replacement of an underground storage tank and
				  provide to the Division the proposed method of secondary containment planned
				  for use; and
2. Upon request, make
				  available for review by the Division records of the installation, testing and
				  method of monitoring of the secondary containment .
Added to NAC by Environmental
				  Comm'n by R005-08, eff. 4-17-2008; A by
				  R106-16A,
				  eff. 11/2/2016
NRS
				  459.826,
				  459.830