reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF CERTAIN CONSULTANTS AND CONTRACTORS › Section 459.972 - Certification as environmental manager

Current through June 11,
				  2024
An applicant for certification as an
				  environmental manager must:
1. Be of
				  good character and reputation as determined by the Division upon review of the
				  applicant's references, record of violations of environmental laws and
				  regulations and such other considerations as the Division deems necessary and
				  proper. Certification must be denied if such a review indicates that the
				  applicant fails to meet the applicable standards.
2. Submit to the Division:
(a) An application on a form provided by the
				  Division;
(b) A nonrefundable fee
				  of $150 for the review of the application;
(c) A color photograph of the applicant which
				  is approximately 2 inches by 2 inches;
(d) A statement signed by the applicant under
				  penalty of perjury declaring the details of all pleas of guilty or nolo
				  contendere in any criminal proceeding and all convictions of any crimes;
				  and
(e) Three letters of reference
				  from natural persons with experience in the services of that classification
				  attesting to the applicant's moral character and competence in that
				  classification.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF CERTAIN CONSULTANTS AND CONTRACTORS › Section 459.9721 - Certification as specialist in the management of hazardous waste (Repealed)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 459.9722 - Certification as handler of underground storage tanks

Current
				  through June 11, 2024
An applicant for certification
				  as a handler of underground storage tanks must:
1. Be of good character and reputation as
				  determined by the Division upon review of the applicant's references, record of
				  violations of environmental laws and regulations and such other considerations
				  as the Division deems necessary and proper. Certification must be denied if
				  such a review indicates that the applicant fails to meet the applicable
				  standards.
2. Submit to the
				  Division:
(a) An application on a form
				  provided by the Division;
(b) A
				  nonrefundable fee of $150 for the review of the application;
(c) A color photograph of the applicant which
				  is approximately 2 inches by 2 inches;
(d) A specific record of at least 2 years'
				  experience and the direct participation in at least 10 projects relating to the
				  handling of underground storage tanks;
(e) A copy of an appropriate license issued
				  by the State Contractors' Board pursuant to chapter 624 of NRS;
(f) Proof of completion of a course approved
				  by the Division concerning the safe handling of underground storage
				  tanks;
(g) A statement signed by
				  the applicant under penalty of perjury declaring the details of all pleas of
				  guilty or nolo contendere in any criminal proceeding and all convictions of any
				  crimes; and
(h) Three letters of
				  reference from natural persons with experience in the services of that
				  classification attesting to the applicant's moral character and competence in
				  that classification.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF CERTAIN CONSULTANTS AND CONTRACTORS › Section 459.9723 - Certification as tester of underground storage tanks

Current through
				  June 11, 2024
An applicant for certification as a
				  tester of underground storage tanks must:
1. Be of good character and reputation as
				  determined by the Division upon review of the applicant's references, record of
				  violations of environmental laws and regulations and such other considerations
				  as the Division deems necessary and proper. Certification must be denied if
				  such a review indicates that the applicant fails to meet the applicable
				  standards.
2. Submit to the
				  Division:
(a) An application on a form
				  provided by the Division;
(b) A
				  nonrefundable fee of $150 for the review of the application;
(c) A color photograph of the applicant which
				  is approximately 2 inches by 2 inches;
(d) A specific record of direct participation
				  in at least 50 tests of underground storage tanks;
(e) A specific record of at least 1 year of
				  experience in the testing of underground storage tanks;
(f) Proof of training provided by the
				  manufacturer of the equipment which is used for testing;
(g) Proof of completion of a course approved
				  by the Division concerning the safe handling of underground storage
				  tanks;
(h) A statement signed by
				  the applicant under penalty of perjury declaring the details of all pleas of
				  guilty or nolo contendere in any criminal proceeding and all convictions of any
				  crimes; and
(i) Three letters of
				  reference from natural persons with experience in the services of that
				  classification attesting to the applicant's moral character and competence in
				  that classification.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF CERTAIN CONSULTANTS AND CONTRACTORS › Section 459.97232 - Certification as provider of approved underground storage tank training program

Current through June 11,
				  2024
An applicant for certification as a provider of
				  an approved underground storage tank training program must:
1. Be of good reputation as determined by the
				  Division upon review of the applicant's application and such other
				  considerations as the Division deems necessary and proper.
Certification
				  must be denied if such a review indicates that the applicant fails to meet the
				  applicable standards.
2.
				  Submit to the Division:
(a) An application on
				  a form provided by the Division;
(b) A nonrefundable fee of $150 for review of
				  the application; and
(c)
				  Documentation satisfactory to the Division that the applicant's training
				  program meets the requirements of Subpart J of 40 C.F.R. Part 280 , as those
				  provisions existed on November 2, 2016.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF CERTAIN CONSULTANTS AND CONTRACTORS › Section 459.9724 - Certification of person certified by another state or recognized organization (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 459.9725 - Waiver of requirements for training

Current through June 11,
				  2024
The Division may waive any requirements for
				  training for a certificate if that training is not available.
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 459.9726 - Action on applications; examinations for certification

Current
				  through June 11, 2024
1.
				  The Division will review each application and send each applicant written
				  notice within 6 weeks of receipt of all required materials whether his or her
				  application has been approved or rejected.
2. An applicant whose application is approved
				  by the Division and who wishes to take the examination must submit to the
				  Division a nonrefundable examination fee set by the Division, not to exceed
				  $200, at least 30 days before the examination is given.
3. The Division shall determine the content
				  of the examinations.
4. A score of
				  70 is a passing score on an examination for certification.
5. An examination for each classification
				  will be given at least once each year.
6. The examinations are the property of the
				  Division and must remain confidential.
7. An applicant who fails the examination may
				  apply for a reexamination. The nonrefundable fee for reexamination must be set
				  by the Division not to exceed $200.
8. Each application for certification will
				  remain on file with the Division for 2 years after the date that all required
				  materials are received by the Division. If the applicant does not pass an
				  examination for certification or request reexamination within the 2-year
				  period, the applicant must file with the Division a new application for
				  certification.
Added to NAC by Environmental
				  Comm'n, eff. 3-6-91; A 1-24-92; A by
				  R033-22A,
				  eff. 9/8/2022
NRS 459.485,
				  459.500
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF CERTAIN CONSULTANTS AND CONTRACTORS › Section 459.9727 - Contents and duration of certificate

Current through June 11,
				  2024
1. Each certificate
				  issued by the Division to an applicant must bear:
(a) The name of the applicant;
(b) The number of the certificate;
(c) The date of expiration of the
				  certificate; and
(d) The specific
				  classification of certification.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF CERTAIN CONSULTANTS AND CONTRACTORS › Section 459.9728 - Renewal of certificate

Current through June 11,
				  2024
A holder of a certificate who wishes to renew
				  his or her certificate must, not later than 1 year after the date on which the
				  certificate expires:
1. Demonstrate to
				  the Division that he or she continues to meet all qualifications and
				  performance requirements of NAC 459.970 to
				  459.9729, inclusive;
2. Submit an application for renewal of the
				  certificate to the Division on a form provided by the Division;
3. Submit a nonrefundable fee set by the
				  Division not to exceed $150;
4.
				  Complete an examination for renewal if the Division has determined that such a
				  renewal examination is appropriate; and
5. Successfully complete at least 24 hours of
				  continuing education during the immediately preceding 2 years and submit with
				  his or her application for renewal, sufficient proof of the completion of such
				  hours, as determined by the Division.
Added to NAC by Environmental
				  Comm'n, eff. 3-6-91; A by
				  R123-16A,
				  eff. 11/2/2016; A by
				  R033-22A,
				  eff. 9/8/2022
NRS 459.485,
				  459.500
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF CERTAIN CONSULTANTS AND CONTRACTORS › Section 459.97285 - Contents of document relating to service for which certification is required

Current through June 11,
				  2024
A holder of a certificate who is responsible
				  for a service requiring certification shall ensure that each document relating
				  to the service includes:
1. The
				  following language:
I hereby certify that I am responsible for the
				  services described in this document and for the preparation of this document.
				  The services described in this document have been provided in a manner
				  consistent with the current standards of the profession and to the best of my
				  knowledge comply with all applicable federal, state and local statutes,
				  regulations and ordinances.
2. A description of the services
				  provided.
3. The signature of the
				  holder of the certificate and the date on which the document was
				  signed.
4. The number of the
				  certificate.
5. The date of
				  expiration of the certificate.
Added to NAC by Environmental
				  Comm'n, eff. 5-3-96
NRS 459.485,
				  459.500
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF CERTAIN CONSULTANTS AND CONTRACTORS › Section 459.9729 - Standards of practice

Current through June 11,
				  2024
1. Each holder of a
				  certificate issued by the Division pursuant to the provisions of NAC
				  459.970 to 459.9729, inclusive,
				  and section 33 of this regulation:
(a) Shall
				  provide services which are ethical, meet the current standards of the
				  profession and which comply with federal, state and local regulations
				  concerning hazardous substances or underground storage tanks.
(b) Is responsible for the work of other
				  persons he or she employs or supervises.
(c) Shall have a copy of his or her
				  certificate at the location where the holder of a certificate is supervising
				  work. Upon the request of the Division, client or potential client, a holder of
				  a certificate shall present the certificate for inspection.
(d) Shall make a written report to the
				  facility owner or operator, within 24 hours, upon the discovery of a release of
				  a hazardous substance or the existence of an unregistered underground storage
				  tank and advise that facility owner or operator of any applicable reporting
				  requirements.
(e) Shall report to
				  the Division the discovery of a release of a hazardous substance which presents
				  an imminent and substantial hazard to human health, public safety or the
				  environment as soon as possible after the holder of a certificate has knowledge
				  of a release.
(f) Shall secure the
				  services of a qualified person to perform any part of his or her job which
				  requires a level of service or skill which he or she is not qualified to
				  provide.
(g) Shall make complete
				  prior disclosures to his or her clients or potential clients of potential
				  conflicts of interest or other circumstances which could influence his or her
				  judgment or the quality of the services the holder of a certificate
				  provides.
(h) Shall not falsify or
				  misrepresent his or her education or experience, the degree of responsibility
				  for prior assignments or the complexity of prior employment or business,
				  relevant factors concerning employers, employees, associates or joint ventures
				  or past accomplishments.
(i) Shall
				  maintain a written record of each project requiring certification for 3 years
				  after the project is completed. The Division may inspect those records during
				  normal business hours and will establish requirements concerning the
				  information which must be included in the records.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF CERTAIN CONSULTANTS AND CONTRACTORS › Section 459.97295 - Aggrieved person: Request for informal discussion; subsequent request for informal conference; determination; final remedy

Current
				  through June 11, 2024
1.
				  Any person who has reason to believe that an action taken by the Division
				  pursuant to NAC
				  459.970 to
				  459.9729, inclusive, other than a
				  disciplinary action, is incorrect or based on inadequate knowledge may, within
				  10 business days after receiving notice of the action, request an informal
				  discussion with the employee responsible for the action and the immediate
				  supervisor of the employee.
2. If
				  the informal discussion does not resolve the problem, the aggrieved person may,
				  within 10 business days after the date scheduled for the informal discussion,
				  submit a written request to the Administrator of the Division or the
				  Administrator's designee for an informal conference. The informal conference
				  must be scheduled for a date, place and time mutually agreed upon by the
				  aggrieved person and the Administrator or the Administrator's designee, except
				  that the informal conference must be held not later than 60 days after the date
				  on which the Administrator or the Administrator's designee received the written
				  request.
3. The determination of
				  the Administrator of the Division or the Administrator's designee resulting
				  from the informal conference cannot be appealed and is the final remedy
				  available to the aggrieved person.
Added to NAC by
				  Bd. of Health, Radiation Control Reg by
				  R126-19A,
				  eff. 12/29/2020
NRS
				  459.485,
				  459.500
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PARTICIPATION IN PROGRAM FOR VOLUNTARY CLEANUP OF HAZARDOUS SUBSTANCES AND RELIEF FROM LIABILITY › Section 459.973 - Definitions

Current through June 11, 2024
As used in
				  NAC 459.973 to 459.9743, inclusive, unless the context otherwise requires, the
				  words and terms defined in NAC 459.9731 to 459.9736, inclusive, have the
				  meanings ascribed to them in those sections.
Added to NAC by Environmental
				  Comm'n by R054-00, eff. 5-26-2000
NRS
				  459.656
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PARTICIPATION IN PROGRAM FOR VOLUNTARY CLEANUP OF HAZARDOUS SUBSTANCES AND RELIEF FROM LIABILITY › Section 459.9731 - "Administrator" defined

Current through June 11,
				  2024
"Administrator" means the Administrator of the
				  Division.
Added to NAC by Environmental
				  Comm'n by R054-00, eff. 5-26-2000
NRS
				  459.656
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PARTICIPATION IN PROGRAM FOR VOLUNTARY CLEANUP OF HAZARDOUS SUBSTANCES AND RELIEF FROM LIABILITY › Section 459.9732 - "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 R054-00, eff. 5-26-2000
NRS
				  459.656
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PARTICIPATION IN PROGRAM FOR VOLUNTARY CLEANUP OF HAZARDOUS SUBSTANCES AND RELIEF FROM LIABILITY › Section 459.9733 - "Eligible property" defined

Current through June 11,
				  2024
"Eligible property" has the meaning ascribed to
				  it in
				  NRS
				  459.618.
Added to NAC by Environmental
				  Comm'n by R054-00, eff. 5-26-2000
NRS
				  459.656
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PARTICIPATION IN PROGRAM FOR VOLUNTARY CLEANUP OF HAZARDOUS SUBSTANCES AND RELIEF FROM LIABILITY › Section 459.9734 - "Participant" defined

Current through June 11,
				  2024
"Participant" has the meaning ascribed to it in
				  NRS
				  459.622.
Added to NAC by Environmental
				  Comm'n by R054-00, eff. 5-26-2000
NRS
				  459.656
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PARTICIPATION IN PROGRAM FOR VOLUNTARY CLEANUP OF HAZARDOUS SUBSTANCES AND RELIEF FROM LIABILITY › Section 459.9735 - "Program" defined

Current through June 11,
				  2024
"Program" has the meaning ascribed to it in
				  NRS
				  459.624.
Added to NAC by Environmental
				  Comm'n by R054-00, eff. 5-26-2000
NRS
				  459.656
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PARTICIPATION IN PROGRAM FOR VOLUNTARY CLEANUP OF HAZARDOUS SUBSTANCES AND RELIEF FROM LIABILITY › Section 459.9736 - "Responsible party" defined

Current through June 11,
				  2024
"Responsible party" has the meaning ascribed to
				  it in
				  NRS
				  459.630.
Added to NAC by Environmental
				  Comm'n by R054-00, eff. 5-26-2000
NRS
				  459.656
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PARTICIPATION IN PROGRAM FOR VOLUNTARY CLEANUP OF HAZARDOUS SUBSTANCES AND RELIEF FROM LIABILITY › Section 459.9737 - Signature requirement

Current through June 11,
				  2024
Any application, remedial agreement,
				  certification to the Administrator or information submitted to the Division
				  pursuant to NAC 459.973 to 459.9743, inclusive, must be signed by a consultant
				  or contractor who is certified pursuant to NAC 459.970 to 459.9729, inclusive,
				  in the area that is appropriate for the type of cleanup that is the subject of
				  such documents or information.
Added to NAC by Environmental
				  Comm'n by R054-00, eff. 5-26-2000
NRS
				  459.656
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PARTICIPATION IN PROGRAM FOR VOLUNTARY CLEANUP OF HAZARDOUS SUBSTANCES AND RELIEF FROM LIABILITY › Section 459.9738 - Application; environmental assessment; additional information

Current through June 11, 2024
1. A person who desires to apply for
				  participation in the program pursuant to
				  NRS
				  459.634 must apply on the application form
				  prescribed by the Administrator.
2.
				  An environmental assessment of the eligible property required pursuant to
				  NRS
				  459.634 may be conducted pursuant to the
				  Standard Practice for Environmental Site Assessments described in E1527-97 and
				  E1528-96 of the American Society for Testing and Materials or pursuant to a
				  similar method that is approved by the Administrator. Such an assessment must
				  include:
(a) Information regarding the site,
				  including property ownership, current property use, proposed property use and
				  all written communications with regulatory agencies that relate to the
				  environmental condition of the property;
(b) A legal description of the
				  property;
(c) A description of the
				  physical characteristics of the property;
(d) To the extent known by the applicant, the
				  operational history of the site;
(e) To the extent known by the applicant,
				  information concerning the nature and extent of any contamination or release at
				  the eligible property or at property that is contiguous to the eligible
				  property; and
(f) To the extent
				  known by the applicant, relevant information concerning the potential for human
				  and environmental exposure to contamination at the property.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PARTICIPATION IN PROGRAM FOR VOLUNTARY CLEANUP OF HAZARDOUS SUBSTANCES AND RELIEF FROM LIABILITY › Section 459.9739 - Application fees

Current through June 11,
				  2024
A person who submits an application for
				  participation in the program must submit to the Division one of the following
				  nonrefundable application fees, as applicable:
Residential.........................................................................................................
$400
Commercial
Less than
				  1
				  acre............................................................................................
500
1 to 25
				  acres..................................................................................................
1,000
26 to 100
				  acres..............................................................................................
1,600
More than 100
				  acres.....................................................................................
2,000
Added to NAC by Environmental
				  Comm'n by R054-00, eff. 5-26-2000
NRS
				  459.634,
				  459.656
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PARTICIPATION IN PROGRAM FOR VOLUNTARY CLEANUP OF HAZARDOUS SUBSTANCES AND RELIEF FROM LIABILITY › Section 459.974 - Remedial agreement: Submission; contents; approval

Current
				  through June 11, 2024
1.
				  A participant must submit a remedial agreement to the Administrator within 1
				  year after the date on which his or her application was approved by the
				  Administrator. In addition to the requirements of
				  NRS
				  459.636, a remedial agreement must include:
(a) A cost estimate and information regarding
				  the financial ability of the participant to perform the voluntary cleanup as
				  set forth in NAC 459.9741;
(b) A
				  phase II environmental assessment using the Standard Practice for Environmental
				  Site Assessments of the American Society for Testing and Materials or any
				  equivalent method that is approved by the Administrator;
(c) A corrective action plan that identifies
				  the substances to be removed or remediated, the proposed removal or remediation
				  methods and appropriate remediation standards, consistent with NAC 445A.226 to
				  445A.22755, inclusive; and
(d) A
				  description of the intended use of the property.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PARTICIPATION IN PROGRAM FOR VOLUNTARY CLEANUP OF HAZARDOUS SUBSTANCES AND RELIEF FROM LIABILITY › Section 459.9741 - Cost estimate

Current through June 11,
				  2024
1. A participant
				  must submit a detailed cost estimate to restore the property to the condition
				  to which it would be restored if the Division caused action to be taken
				  pursuant to
				  NRS
				  459.537. The cost estimate must account for
				  the costs of all activities described in the remedial agreement.
2. Through the cost estimate, the participant
				  must demonstrate to the satisfaction of the Administrator that the participant
				  is financially capable of completing the remedial agreement.
Added to NAC by Environmental
				  Comm'n by R054-00, eff. 5-26-2000
NRS
				  459.636,
				  459.656
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PARTICIPATION IN PROGRAM FOR VOLUNTARY CLEANUP OF HAZARDOUS SUBSTANCES AND RELIEF FROM LIABILITY › Section 459.9742 - Recovery of costs

Current through June 11,
				  2024
1. The provisions
				  of the remedial agreement that provide for the recovery of costs by the
				  Division must include, without limitation, the costs the Division incurred for:
(a) Reviewing the remedial
				  agreement;
(b) Overseeing and
				  supervising the actions specified in the remedial agreement; and
(c) Issuing a certificate of
				  completion.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PARTICIPATION IN PROGRAM FOR VOLUNTARY CLEANUP OF HAZARDOUS SUBSTANCES AND RELIEF FROM LIABILITY › Section 459.9743 - Report of completion; certificate of partial completion

Current
				  through June 11, 2024
1.
				  To certify that all the activities in the remedial agreement have been
				  completed pursuant to
				  NRS
				  459.638, the participant shall submit a
				  report to the Administrator which shows that each activity in the agreement has
				  been completed in accordance with the terms of the agreement.
2. The Administrator may issue a certificate
				  of partial completion for a portion of an eligible property that is distinct if
				  such a portion of the eligible property satisfies all the requirements of
				  NRS 459.610 to
				  459.658,
				  inclusive, and NAC 459.973 to 459.9743, inclusive.
Added to NAC by Environmental
				  Comm'n by R054-00, eff. 5-26-2000
NRS
				  459.638,
				  459.656
Nevada Administrative Code › Chapter 459 - Hazardous Materials › TRANSPORTATION OF HAZARDOUS MATERIALS ON PUBLIC HIGHWAYS › Section 459.975 - Definitions

Current through June 11, 2024
As used in
				  NAC 459.975 to 459.991, inclusive, unless the context otherwise requires, the
				  words and terms defined in NAC 459.97515 to 459.9758, inclusive, have the
				  meanings ascribed to them in those sections.
Added to NAC by Dep't of Motor
				  Veh. & Pub. Safety, 9-30-88, eff. 1-1-89; A 11-16-89, eff. 1-1-90; 9-13-94,
				  eff. 6-30-95; 1-4-96; A by Dep't of Pub. Safety by R168-03,
				  12-16-2003
NRS
				  459.721,
				  459.725
Nevada Administrative Code › Chapter 459 - Hazardous Materials › TRANSPORTATION OF HAZARDOUS MATERIALS ON PUBLIC HIGHWAYS › Section 459.97515 - "Director" defined

Current through June 11,
				  2024
"Director" means the Director of the Department
				  of Public Safety.
Added to NAC by Dep't of Motor
				  Veh. & Pub. Safety, eff. 1-4-96
NRS
				  459.721,
				  459.725
Nevada Administrative Code › Chapter 459 - Hazardous Materials › TRANSPORTATION OF HAZARDOUS MATERIALS ON PUBLIC HIGHWAYS › Section 459.9752 - "Division" defined

Current through June 11,
				  2024
"Division" means the Nevada Highway Patrol
				  Division of the Department of Public Safety.
Added to NAC by Dep't of Motor
				  Veh. & Pub. Safety, eff. 1-4-96
NRS
				  459.721,
				  459.725
Nevada Administrative Code › Chapter 459 - Hazardous Materials › TRANSPORTATION OF HAZARDOUS MATERIALS ON PUBLIC HIGHWAYS › Section 459.97525 - "Hazardous material" defined

Current through June 11,
				  2024
"Hazardous material" has the meaning ascribed
				  to it in
				  NRS
				  459.7024.
Added to NAC by Dep't of Motor
				  Veh. & Pub. Safety, eff. 1-4-96; A by Dep't of Pub. Safety by R168-03,
				  12-16-2003
NRS
				  459.721,
				  459.725
Nevada Administrative Code › Chapter 459 - Hazardous Materials › TRANSPORTATION OF HAZARDOUS MATERIALS ON PUBLIC HIGHWAYS › Section 459.9753 - "Motor carrier" defined

Current through June 11,
				  2024
"Motor carrier" means a person who owns or
				  operates one or more motor vehicles used to transport hazardous
				  material.
Added to NAC by Dep't of Motor
				  Veh. & Pub. Safety, eff. 1-4-96
NRS
				  459.721,
				  459.725
Nevada Administrative Code › Chapter 459 - Hazardous Materials › TRANSPORTATION OF HAZARDOUS MATERIALS ON PUBLIC HIGHWAYS › Section 459.97535 - "Motor vehicle" defined

Current through June 11,
				  2024
"Motor vehicle" has the meaning ascribed to it
				  in
				  NRS
				  706.096.
Added to NAC by Dep't of Motor
				  Veh. & Pub. Safety, eff. 1-4-96
NRS
				  459.721,
				  459.725
Nevada Administrative Code › Chapter 459 - Hazardous Materials › TRANSPORTATION OF HAZARDOUS MATERIALS ON PUBLIC HIGHWAYS › Section 459.9754 - "Participating state" defined

Current through June 11,
				  2024
"Participating state" means a state that has
				  entered into a reciprocal agreement with this State to participate in the
				  uniform program.
Added to NAC by Dep't of Motor
				  Veh. & Pub. Safety, eff. 1-4-96; A by Dep't of Pub. Safety by R168-03,
				  12-16-2003
NRS
				  459.721,
				  459.725
Nevada Administrative Code › Chapter 459 - Hazardous Materials › TRANSPORTATION OF HAZARDOUS MATERIALS ON PUBLIC HIGHWAYS › Section 459.97543 - "Permit Section" defined

Current through June 11,
				  2024
"Permit Section" means the Permit Section of
				  the Division.
Added to NAC by Dep't of Motor
				  Veh. & Pub. Safety, eff. 1-4-96; A by Dep't of Pub. Safety by R168-03,
				  12-16-2003-Substituted in revision for NAC
				  459.9756
NRS
				  459.721,
				  459.725
Nevada Administrative Code › Chapter 459 - Hazardous Materials › TRANSPORTATION OF HAZARDOUS MATERIALS ON PUBLIC HIGHWAYS › Section 459.97545 - "Person" defined

Current through June 11,
				  2024
"Person" means a natural person, any agency of
				  the Federal Government, any agency or political subdivision of this State, any
				  form of business or social organization, and any other legal entity, including,
				  but not limited to, a corporation, partnership, association, trust, or
				  unincorporated organization.
Added to NAC by Dep't of Motor
				  Veh. & Pub. Safety, eff. 1-4-96
NRS
				  459.721,
				  459.725
Nevada Administrative Code › Chapter 459 - Hazardous Materials › TRANSPORTATION OF HAZARDOUS MATERIALS ON PUBLIC HIGHWAYS › Section 459.9755 - "Principal place of business" defined

Current through June 11,
				  2024
"Principal place of business" means the place
				  where a person maintains his or her central records relating to the
				  transportation of hazardous material.
Added to NAC by Dep't of Motor
				  Veh. & Pub. Safety, eff. 1-4-96
NRS
				  459.721,
				  459.725
Nevada Administrative Code › Chapter 459 - Hazardous Materials › TRANSPORTATION OF HAZARDOUS MATERIALS ON PUBLIC HIGHWAYS › Section 459.97555 - "Reciprocal agreement" defined

Current through June 11,
				  2024
"Reciprocal agreement" means an agreement
				  entered into by this State and another state to:
1. Participate in a program for the
				  reciprocal registration and permitting of persons who transport hazardous
				  material; and
2. Appoint a
				  governing board to assist in the administration of the agreement and the
				  interpretation of its terms.
Added to NAC by Dep't of Motor
				  Veh. & Pub. Safety, eff. 1-4-96
NRS
				  459.721,
				  459.725
Nevada Administrative Code › Chapter 459 - Hazardous Materials › TRANSPORTATION OF HAZARDOUS MATERIALS ON PUBLIC HIGHWAYS › Section 459.97565 - "Single-trip permit" defined

Current through June 11,
				  2024
"Single-trip permit" means a permit for the
				  transportation of hazardous material which is issued pursuant to NAC 459.984
				  and valid only in the State of Nevada.
Added to NAC by Dep't of Motor
				  Veh. & Pub. Safety, eff. 1-4-96
NRS
				  459.721,
				  459.725
Nevada Administrative Code › Chapter 459 - Hazardous Materials › TRANSPORTATION OF HAZARDOUS MATERIALS ON PUBLIC HIGHWAYS › Section 459.9757 - "Transport" and "transportation" defined

Current through June 11,
				  2024
"Transport" or "transportation" means the
				  movement of property on any public highway.
Added to NAC by Dep't of Motor
				  Veh. & Pub. Safety, eff. 1-4-96
NRS
				  459.721,
				  459.725
Nevada Administrative Code › Chapter 459 - Hazardous Materials › TRANSPORTATION OF HAZARDOUS MATERIALS ON PUBLIC HIGHWAYS › Section 459.97573 - "Uniform application" defined

Current through June 11,
				  2024
"Uniform application" has the meaning ascribed
				  to it in
				  NRS
				  459.703.
Added to NAC by Dep't of Pub.
				  Safety by R168-03, eff. 12-16-2003
NRS
				  459.721,
				  459.725
Nevada Administrative Code › Chapter 459 - Hazardous Materials › TRANSPORTATION OF HAZARDOUS MATERIALS ON PUBLIC HIGHWAYS › Section 459.97575 - "Uniform permit" defined

Current through June 11,
				  2024
"Uniform permit" means a permit for the
				  transportation of hazardous material established pursuant to
				  49 U.S.C. §
									5119 to regulate the transportation of
				  hazardous materials and issued pursuant to NAC 459.9805 or the corresponding
				  statute or regulation of a participating state.
Added to NAC by Dep't of Motor
				  Veh. & Pub. Safety, eff. 1-4-96; A by Dep't of Pub. Safety by R168-03,
				  12-16-2003
NRS
				  459.721,
				  459.725
Nevada Administrative Code › Chapter 459 - Hazardous Materials › TRANSPORTATION OF HAZARDOUS MATERIALS ON PUBLIC HIGHWAYS › Section 459.97577 - "Uniform program" defined

Current through June 11,
				  2024
"Uniform program" has the meaning ascribed to
				  it in
				  NRS
				  459.7032.
Added to NAC by Dep't of Pub.
				  Safety by R168-03, eff. 12-3-2003
NRS
				  459.721,
				  459.725
Nevada Administrative Code › Chapter 459 - Hazardous Materials › TRANSPORTATION OF HAZARDOUS MATERIALS ON PUBLIC HIGHWAYS › Section 459.9758 - "Vehicle" defined

Current through June 11,
				  2024
"Vehicle" has the meaning ascribed to it in
				  NRS
				  706.146.
Added to NAC by Dep't of Motor
				  Veh. & Pub. Safety, eff. 1-4-96
NRS
				  459.721,
				  459.725
Nevada Administrative Code › Chapter 459 - Hazardous Materials › TRANSPORTATION OF HAZARDOUS MATERIALS ON PUBLIC HIGHWAYS › Section 459.976 - Applicability

Current through June 11, 2024
Except as
				  otherwise provided in this section, the provisions of NAC 459.975 to 459.991,
				  inclusive, apply to any person who transports hazardous material in this State.
				  Except as otherwise provided by federal law, the provisions of NAC 459.975 to
				  459.991, inclusive, do not apply to the transportation of a hazardous material
				  by any vehicle that is owned and operated by the Federal Government, this State
				  or any political subdivision of this State.
Added to NAC by Dep't of Motor
				  Veh. & Pub. Safety, 9-30-88, eff. 1-1-89; A 11-16-89, eff. 1-1-90; 9-13-94,
				  eff. 6-30-95; 1-4-96; A by Dep't of Pub. Safety by R168-03, 12-16-2003;
				  R203-05, 2-23-2006
NRS
				  459.721,
				  459.725
Nevada Administrative Code › Chapter 459 - Hazardous Materials › TRANSPORTATION OF HAZARDOUS MATERIALS ON PUBLIC HIGHWAYS › Section 459.977 - Adoption of and compliance with certain provisions of Code of Federal Regulations

Current through June 11,
				  2024
1. The provisions
				  of 49 C.F.R. Parts 40, 105 to 180, inclusive, and 325 to 399, inclusive, are
				  hereby adopted by reference as they exist on May 30, 2012, and as subsequently
				  revised by the United States Department of Transportation unless the Director
				  gives notice pursuant to subsection 3 that a revision is not suitable for this
				  State. Each motor vehicle used for the transportation of hazardous materials in
				  this State must, and each driver of such a vehicle shall, comply with those
				  provisions.
2. A copy of the
				  publications which contain these parts may be obtained:
(a) 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. The price is:
(1) For the volume containing Part
				  40...............................................................................
				  $66
(2) For the volume containing
				  Parts 105 to 180, inclusive..................................................
				  70
(3) For the volume containing
				  Parts 325 to 399, inclusive..................................................
				  37
Nevada Administrative Code › Chapter 459 - Hazardous Materials › TRANSPORTATION OF HAZARDOUS MATERIALS ON PUBLIC HIGHWAYS › Section 459.978 - Address for communications and payments

Current through June 11,
				  2024
Any written communication with or payment made
				  to the Permit Section pursuant to NAC 459.975 to 459.991, inclusive, must be
				  mailed to the Nevada Highway Patrol, Permit Section, 555 Wright Way, Carson
				  City, Nevada 89711-0590.
Added to NAC by Dep't of Motor
				  Veh. & Pub. Safety, 9-30-88, eff. 1-1-89; A 11-16-89, eff. 1-1-90; 9-13-94,
				  eff. 6-30-95; 1-4-96; A by Dep't of Pub. Safety by R168-03,
				  12-16-2003
NRS
				  459.721,
				  459.725
Nevada Administrative Code › Chapter 459 - Hazardous Materials › TRANSPORTATION OF HAZARDOUS MATERIALS ON PUBLIC HIGHWAYS › Section 459.9785 - Prerequisites to transportation of hazardous materials for which federal safety permit required

Current through June 11,
				  2024
A motor carrier shall not transport upon a
				  public highway of this State any hazardous material set forth in
				  49 C.F.R. §
									385.403, in the quantity indicated for each,
				  unless the motor carrier:
1. Holds a
				  uniform permit and a safety permit issued by the Federal Motor Carrier Safety
				  Administration of the United States Department of Transportation;
2. Has a "Satisfactory" safety rating
				  assigned by the Federal Motor Carrier Safety Administration as required by
				  49
				  C.F.R. §
									385.407(a);
3. Certifies that it has a satisfactory
				  security program as required by
				  49
				  C.F.R. §
									385.407(b),
				  including:
(a) A written route plan that
				  meets the requirements of
				  49 C.F.R. §
										397.101; and
(b) A communication plan that allows for
				  contact between the operator of a motor vehicle used to transport such
				  hazardous material and the motor carrier, to meet the periodic contact
				  requirements set forth in
				  49
				  C.F.R. §
										385.415(c)(1);
Nevada Administrative Code › Chapter 459 - Hazardous Materials › TRANSPORTATION OF HAZARDOUS MATERIALS ON PUBLIC HIGHWAYS › Section 459.979 - Registration and uniform permit required

Current through June 11,
				  2024
Except as otherwise provided in NAC 459.980 and
				  459.984, any person who transports hazardous materials in a vehicle upon a
				  public highway in this State shall register with and obtain a uniform permit
				  from:
1. The Division, if:
(a) The person's principal place of business
				  is located in this State; or
(b)
				  The person's principal place of business is located in a state other than this
				  State or a participating state, and the mileage over which the person
				  transported hazardous material during the preceding year is higher in this
				  State than any participating state;
Nevada Administrative Code › Chapter 459 - Hazardous Materials › TRANSPORTATION OF HAZARDOUS MATERIALS ON PUBLIC HIGHWAYS › Section 459.980 - Use of vehicle under lease

Current through June 11,
				  2024
1. A vehicle which
				  is the subject of a lease agreement may be used to transport hazardous
				  materials in this State if:
(a) The lessee or
				  lessor of the vehicle has obtained a uniform permit from the entity prescribed
				  in NAC 459.979;
(b) The uniform
				  permit has not expired or been suspended; and
(c) A legible copy of the lease agreement and
				  uniform permit are carried in the driver's compartment of the
				  vehicle.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › TRANSPORTATION OF HAZARDOUS MATERIALS ON PUBLIC HIGHWAYS › Section 459.9805 - Uniform permit: Uniform application for issuance or renewal; fees; expiration

Current through June 11,
				  2024
1. A person seeking
				  to obtain a uniform permit from the Division, or to renew a uniform permit
				  issued by the Division, must submit to the Permit Section:
(a) A completed uniform application for the
				  issuance or renewal of a uniform permit, on the form prescribed by the
				  Division;
(b) A general processing
				  fee of $125;
(c) The apportioned
				  registration fee:
(1) For this State, as
				  prescribed by subsection 2; and
(2)
				  For each participating state in which the person transports hazardous
				  material;
(d) A permit
				  review fee of $500 to be paid once every 3 years; and
(e) A reasonable fee to cover the
				  administrative expenses of any costs incurred pursuant to NAC 459.98055.
A uniform permit will not be issued or renewed pursuant to this section
				  until the required uniform application and fees have been received by the
				  Permit Section.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › TRANSPORTATION OF HAZARDOUS MATERIALS ON PUBLIC HIGHWAYS › Section 459.98055 - Authority of Division to require fingerprints from principal officers of applicant

Current through June 11,
				  2024
1. In addition to
				  any other information required by law, the Division may require the principal
				  officers of an applicant to submit a fingerprint card with its uniform
				  application. Fingerprints must be taken by a recognized law enforcement
				  agency.
2. For the purposes of this
				  section, principal officer means any person having responsibility, control, or
				  influence over the environmental, waste management or transportation operations
				  of the applicant.
Added to NAC by Dep't of Motor
				  Veh. & Pub. Safety, eff. 1-4-96; A by Dep't of Pub. Safety by R168-03,
				  12-16-2003
NRS
				  459.721,
				  459.725
Nevada Administrative Code › Chapter 459 - Hazardous Materials › TRANSPORTATION OF HAZARDOUS MATERIALS ON PUBLIC HIGHWAYS › Section 459.982 - Uniform permit: Notice of change in information in uniform application

Current through June 11, 2024
If there is
				  any change in the information contained in a uniform application to the
				  Division for the issuance or renewal of a uniform permit, the holder of the
				  uniform permit shall, within 1 year after the change occurs, give written
				  notice of the change to the Permit Section.
Added to NAC by Dep't of Motor
				  Veh. & Pub. Safety, 9-30-88, eff. 1-1-89; A 9-13-94, eff. 6-30-95; 1-4-96;
				  A by Dep't of Pub. Safety by R168-03, 12-16-2003
NRS
				  459.721,
				  459.725
Nevada Administrative Code › Chapter 459 - Hazardous Materials › TRANSPORTATION OF HAZARDOUS MATERIALS ON PUBLIC HIGHWAYS › Section 459.983 - Uniform permit: Maintenance at place of business; inspection; copy required in vehicle during transportation

Current through June 11,
				  2024
1. The original of
				  any uniform permit must be:
(a) Maintained by
				  the holder at his or her principal place of business, as listed in his or her
				  uniform application or as stated pursuant to NAC 459.982; and
(b) Made available for inspection upon
				  request by any peace officer.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › TRANSPORTATION OF HAZARDOUS MATERIALS ON PUBLIC HIGHWAYS › Section 459.984 - Single-trip permit: Obtainment; use; expiration; fee

Current
				  through June 11, 2024
1.
				  A person may, not more than once during any period of 3 consecutive months,
				  obtain a single-trip permit in lieu of a uniform permit, from any authorized
				  vendor before or at the time of entry into this State.
2. A single-trip permit:
(a) Is valid for only a single vehicle and
				  shipment of hazardous material within or through this State.
(b) Must be carried in the driver's
				  compartment of the vehicle for which it is issued, and must not be
				  duplicated.
(c) Expires 72 hours
				  after its issuance.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › TRANSPORTATION OF HAZARDOUS MATERIALS ON PUBLIC HIGHWAYS › Section 459.986 - Inspection of vehicles; verification of drivers' qualifications

Current through June 11, 2024
1. Any vehicle used to transport hazardous
				  materials in this State is subject to inspection.
2. The qualifications of the driver of a
				  vehicle used to transport hazardous materials in this State are subject to
				  verification.
3. Any such
				  inspection will be conducted by employees of the Division, in conformity with
				  the national uniform inspection procedure and vehicle and driver out-of-service
				  standards adopted by the Commercial Vehicle Safety Alliance and by the
				  Division.
Added to NAC by Dep't of Motor
				  Veh. & Pub. Safety, 9-30-88, eff. 1-1-89; A 11-16-89, eff.
				  1-1-90
NRS
				  459.712,
				  459.721,
				  459.725
Nevada Administrative Code › Chapter 459 - Hazardous Materials › TRANSPORTATION OF HAZARDOUS MATERIALS ON PUBLIC HIGHWAYS › Section 459.9865 - Provision of notice before transportation of radioactive waste

Current through June 11, 2024
A person who
				  transports radioactive waste shall notify the Division not less than 4 hours
				  nor more than 48 hours before beginning to transport the waste in this State.
				  As used in this section, "radioactive waste" includes low-level waste as
				  defined in
				  NRS
				  459.007.
Added to NAC by Dep't of Motor
				  Veh. & Pub. Safety, 11-16-89, eff. 1-1-90
NRS
				  459.709,
				  459.721,
				  459.725
Nevada Administrative Code › Chapter 459 - Hazardous Materials › TRANSPORTATION OF HAZARDOUS MATERIALS ON PUBLIC HIGHWAYS › Section 459.987 - Reporting certain accidents and incidents

Current through June
				  11, 2024
1. Any accident
				  or incident involving hazardous materials must be reported to the Division in
				  the manner provided by
				  NRS
				  459.718.
2. Any such report must be submitted on a
				  form prescribed by the Division or on the form prescribed for the hazardous
				  material incident report by the United States Department of Transportation
				  (Form No. 5800.1 ).
Added to NAC by Dep't of Motor
				  Veh. & Pub. Safety, 9-30-88, eff. 1-1-89; A by Dep't of Pub. Safety by
				  R168-03, 12-16-2003
NRS
				  459.718,
				  459.721,
				  459.725
Nevada Administrative Code › Chapter 459 - Hazardous Materials › TRANSPORTATION OF HAZARDOUS MATERIALS ON PUBLIC HIGHWAYS › Section 459.988 - Reimbursement of expenses for response to spill or accident

Current
				  through June 11, 2024
If an incident occurs
				  involving hazardous materials, the expenses for which reimbursement may be
				  sought pursuant to
				  NRS
				  459.760 and
				  459.770:
1. Include any expenses incurred for
				  immediate action taken to prevent injury to persons or property.
2. Are the obligation, jointly and severally,
				  of:
(a) The holder of the uniform permit, or
				  of the single-trip permit, pursuant to which the hazardous materials are being
				  transported or, if the materials are transported without a uniform permit, or a
				  single-trip permit, the person who is required to obtain the uniform permit, or
				  the single-trip permit, pursuant to the provisions of NAC 459.979 or 459.984;
				  and
(b) Each agent or employee of
				  the person described in paragraph (a).