reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 444 - Sanitation › DISPOSAL OF HAZARDOUS WASTE › Administrative Penalties › Section 444.8711 - Issuance and contents of citations

Current through June 11, 2024
1. Any authorized
				representative or employee of the Division who has probable cause to believe
				that a violation described in NAC 444.8706 has occurred may issue a citation to
				the generator or other person responsible for the violation.
2. A citation issued pursuant to this section
				must:
(a) Be in the form prescribed by the
				Division;
(b) Identify the
				provision alleged to have been violated;
(c) Contain a short and plain statement of
				the facts supporting the alleged violation; and
(d) Set forth the amount of the penalty
				provided for the violation.
Nevada Administrative Code › Chapter 444 - Sanitation › DISPOSAL OF HAZARDOUS WASTE › Administrative Penalties › Section 444.8716 - Requests for forfeiture or hearing; scheduling and notice of hearing

Current through June 11, 2024
1. A person who receives a citation pursuant
				to NAC 444.8711 and does not desire to contest the matter must, within 30 days
				after the date of the citation, sign a request for forfeiture and deliver it to
				the Division, together with his or her copy of the citation and payment for the
				total amount of the penalty set forth in the citation.
2. A person who is cited pursuant to NAC
				444.8711 and desires a hearing on the matter must, within the time provided by
				subsection 1, deliver a written request for hearing to the Division. The person
				shall include in the request a statement of the issues that he or she intends
				to raise at the hearing.
3. Upon
				receipt of a request for hearing, the Division shall:
(a) Schedule the matter for hearing at the
				earliest practicable date; and
(b)
				Deliver written notice of the hearing to the person.
Nevada Administrative Code › Chapter 444 - Sanitation › DISPOSAL OF HAZARDOUS WASTE › Administrative Penalties › Section 444.8721 - Failure to request forfeiture or hearing or to appear at hearing

Current through June 11, 2024
If a person cited pursuant to NAC 444.8711 fails to deliver a
				  request for forfeiture or a request for hearing within the time required by NAC
				  444.8716, or fails to appear at a scheduled hearing, the Department may proceed
				  to recover a civil penalty and damages for the violation as provided by
				  NRS
				  459.585.
Added to NAC by
				  Environmental Comm'n, 9-19-90, eff. 12-1-90
NRS 459.485,
					 459.500
Nevada Administrative Code › Chapter 444 - Sanitation › DISPOSAL OF HAZARDOUS WASTE › Administrative Penalties › Section 444.8726 - Continuance of hearing

Current through June 11, 2024
1. If a request for
				hearing is made and granted pursuant to NAC 444.8716, the person cited may
				request a continuance of the hearing by delivering a written request to the
				hearing officer. The request may be granted or denied at the discretion of the
				hearing officer.
2. Except as
				otherwise ordered by the hearing officer for good cause:
(a) A request for continuance:
(1) Must state the basis for the request;
				and
(2) Must be received by the
				hearing officer not less than 5 business days before the scheduled date of the
				hearing.
Nevada Administrative Code › Chapter 444 - Sanitation › DISPOSAL OF HAZARDOUS WASTE › Administrative Penalties › Section 444.8731 - Inspection and copying of documents Division intends to use at hearing

Current through June 11, 2024
If a request for hearing is granted, the person cited is
				  entitled before the hearing to inspect and copy any document that the Division
				  intends to present to the hearing officer. The Division may charge a fee, not
				  to exceed the cost of reproduction, for each copy of any such document.
Added to NAC by
				  Environmental Comm'n, 9-19-90, eff. 12-1-90
NRS 459.485,
					 459.500
Nevada Administrative Code › Chapter 444 - Sanitation › DISPOSAL OF HAZARDOUS WASTE › Administrative Penalties › Section 444.8736 - Rendering of decision by hearing officer

Current through June 11, 2024
Within 30 days after the end of a hearing, the hearing
				  officer shall prepare and file a decision in writing. The decision must include
				  a statement of the reasons for the conclusion reached by the hearing officer.
				  The hearing officer shall cause a copy of the decision to be delivered,
				  personally or by certified mail, to the person cited.
Added to NAC by
				  Environmental Comm'n, 9-19-90, eff. 12-1-90
NRS 459.485,
					 459.500
Nevada Administrative Code › Chapter 444 - Sanitation › DISPOSAL OF HAZARDOUS WASTE › Administrative Penalties › Section 444.8741 - Address for delivery of documents

Current through June 11, 2024
Any delivery required by NAC 444.8701 to 444.8746, inclusive,
				  to be made to:
1. The Division must be
				made to the office of the Division at Bryan State Office Building, 901 South
				Stewart Street, Carson City, Nevada 89701-5249.
2. The person cited must be made to him or
				her at the address set forth in the citation or, if the person has made a
				request for hearing, at the address set forth in the request.
Added to NAC by
				  Environmental Comm'n, 9-19-90, eff. 12-1-90; A by R015-08,
				  4-17-2008
NRS 459.485,
					 459.500
Nevada Administrative Code › Chapter 444 - Sanitation › DISPOSAL OF HAZARDOUS WASTE › Administrative Penalties › Section 444.8746 - Methods of payment

Current through June 11, 2024
Payment of an administrative penalty imposed pursuant to NAC
				  444.8706 must be made by money order, bank draft or check payable to the State
				  of Nevada.
Added to NAC by
				  Environmental Comm'n, 9-19-90, eff. 12-1-90
NRS 459.485,
					 459.500
Nevada Administrative Code › Chapter 444 - Sanitation › RECYCLING OF USED ANTIFREEZE › General Provisions › Section 444.8801 - Definitions

Current through June 11, 2024
As used in NAC 444.8801 to 444.9071, inclusive, unless the
				  context otherwise requires, the words and terms defined in NAC 444.8806 to
				  444.8866, inclusive, have the meanings ascribed to them in those
				  sections.
Supplied in
				  codification
Nevada Administrative Code › Chapter 444 - Sanitation › RECYCLING OF USED ANTIFREEZE › General Provisions › Section 444.8811 - "Center for the collection of used antifreeze" defined

Current through June 11, 2024
"Center for the collection of used antifreeze" means any
				  facility that accepts, aggregates or stores used antifreeze which is collected
				  from:
1. Generators of used antifreeze
				that are governed by the provisions of NAC 444.8911 to 444.8931, inclusive;
				or
2. A person who generates used
				antifreeze from his or her household.
The term does not include a generator of used antifreeze who
				  collects his or her used antifreeze in compliance with the provisions of NAC
				  444.8911 to 444.8931, inclusive.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96
NRS 459.485
Nevada Administrative Code › Chapter 444 - Sanitation › RECYCLING OF USED ANTIFREEZE › General Provisions › Section 444.8821 - "Division" defined

Current through June 11, 2024
"Division" means the Division of Environmental Protection of
				  the State Department of Conservation and Natural Resources.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96
NRS 459.485
Nevada Administrative Code › Chapter 444 - Sanitation › RECYCLING OF USED ANTIFREEZE › General Provisions › Section 444.8826 - "Facility for the recycling of used antifreeze" defined

Current through June 11, 2024
1. "Facility for the recycling of used
				antifreeze" means a facility that receives used antifreeze from another site,
				performs recycling of the used antifreeze and is permanently stationed at a
				single facility.
2. The term
				includes the contiguous land and any structures, other appurtenances or
				improvements on the land which are used for the recycling of used
				antifreeze.
3. The term does not
				include a generator of used antifreeze who recycles his or her own used
				antifreeze or has it recycled by a mobile unit for the recycling of used
				antifreeze.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96
NRS 459.485
Nevada Administrative Code › Chapter 444 - Sanitation › RECYCLING OF USED ANTIFREEZE › General Provisions › Section 444.8831 - "Facility for the transfer of used antifreeze" defined

Current through June 11, 2024
1. "Facility for the transfer of used
				antifreeze" means a facility where shipments of used antifreeze are transported
				to and stored for more than 24 hours but not more than 35 days.
2. The term includes, without limitation,
				loading docks and parking areas.
3.
				The term does not include a generator of used antifreeze who transfers his or
				her used antifreeze in compliance with the provisions of NAC 444.8911 to
				444.8931, inclusive.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96
NRS 459.485
Nevada Administrative Code › Chapter 444 - Sanitation › RECYCLING OF USED ANTIFREEZE › General Provisions › Section 444.8836 - "Generator of used antifreeze" defined

Current through June 11, 2024
"Generator of used antifreeze" means a person or facility
				  that performs an act or conducts a process which produces used
				  antifreeze.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96
NRS 459.485
Nevada Administrative Code › Chapter 444 - Sanitation › RECYCLING OF USED ANTIFREEZE › General Provisions › Section 444.8841 - "Hazardous waste" defined

Current through June 11, 2024
1. "Hazardous
				waste" has the meaning ascribed to it in NRS
				NRS
				459.430.
2. The term includes any:
(a) Hazardous waste or constituent of
				hazardous waste which is subject to regulation under 40 C.F.R. Part 261 , as
				adopted by reference in NAC
				444.8632; and
(b) Waste brought into this State which is
				designated as hazardous waste in the state of its origin.
Nevada Administrative Code › Chapter 444 - Sanitation › RECYCLING OF USED ANTIFREEZE › General Provisions › Section 444.8846 - "Identification number" defined

Current through June 11, 2024
"Identification number" means an identification number issued
				  by the Environmental Protection Agency or by an agency of a state authorized by
				  the Environmental Protection Agency to issue such numbers.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96; A by R126-03,
				  4-13-2004
NRS 459.485
Nevada Administrative Code › Chapter 444 - Sanitation › RECYCLING OF USED ANTIFREEZE › General Provisions › Section 444.8851 - "Mobile unit for the recycling of used antifreeze" defined

Current through June 11, 2024
"Mobile unit for the recycling of used antifreeze" means any
				  transportable equipment which is used to perform recycling of used antifreeze
				  and is not permanently stationed to a single facility.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96
NRS 459.485
Nevada Administrative Code › Chapter 444 - Sanitation › RECYCLING OF USED ANTIFREEZE › General Provisions › Section 444.8856 - "Point for aggregation" defined

Current through June 11, 2024
"Point for aggregation" means a facility that accepts,
				  aggregates or stores used antifreeze which is collected from:
1. Another site where used antifreeze is
				generated which is owned or operated by the owner or operator of the point for
				aggregation; or
2. A person who
				generates used antifreeze from his or her household.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96
NRS 459.485
Nevada Administrative Code › Chapter 444 - Sanitation › RECYCLING OF USED ANTIFREEZE › General Provisions › Section 444.8861 - "Transporter of used antifreeze" defined

Current through June 11, 2024
"Transporter of used antifreeze" means a person who:
1. Transports used antifreeze;
2. Collects used antifreeze from more than
				one generator of used antifreeze and transports the used antifreeze;
				or
3. Owns or operates a facility
				for the transfer of used antifreeze.
The term does not include a generator of used antifreeze who
				  transports his or her used antifreeze in compliance with the provisions of NAC
				  444.8911 to 444.8931, inclusive.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96
NRS 459.485
Nevada Administrative Code › Chapter 444 - Sanitation › RECYCLING OF USED ANTIFREEZE › General Provisions › Section 444.8866 - "Used antifreeze" defined

Current through June 11, 2024
"Used antifreeze" means ethylene glycol or propylene glycol
				  that has been used and as a result of such use is contaminated by physical or
				  chemical impurities.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96
NRS 459.485
Nevada Administrative Code › Chapter 444 - Sanitation › RECYCLING OF USED ANTIFREEZE › General Provisions › Section 444.8871 - Applicability

Current through June 11, 2024
1. The provisions of NAC
				444.8801 to
				444.9071, inclusive, apply to
				used antifreeze that is recycled and is determined to be a hazardous waste
				because:
(a) It exhibits a characteristic of
				hazardous waste which is identified in 40 C.F.R. Part 261, Subpart C, as
				adopted by reference in NAC
				444.8632; or
(b) It was designated as a hazardous waste in
				the state of its origin.
Nevada Administrative Code › Chapter 444 - Sanitation › RECYCLING OF USED ANTIFREEZE › General Requirements › Section 444.8876 - Containers and tanks for storage of used antifreeze: General requirements

Current through June 11, 2024
Each container and storage tank that is above the ground
				  which stores used antifreeze must be:
1. In good condition, including, without
				limitation, being free from severe rusting, visible structural defects or
				deterioration;
2. Free from visible
				leaks;
3. Closed unless material is
				being added or removed; and
4.
				Clearly marked with the words "Used Antifreeze."
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96
NRS 459.485
Nevada Administrative Code › Chapter 444 - Sanitation › RECYCLING OF USED ANTIFREEZE › General Requirements › Section 444.8881 - Underground storage tanks: Compliance with federal regulations; identification of pipes

Current through June 11, 2024
1. Each storage
				tank that is underground which stores used antifreeze must comply with the
				requirements of 40 C.F.R. Part 265, Subpart J, as adopted by reference in NAC
				444.8632.
2. Each pipe that transfers used antifreeze
				to storage tanks that are underground must be clearly marked with the words
				"Used Antifreeze."
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96; A by R126-03, 4-13-2004; R175-05, 5-4-2006;
				  R137-07, 1-30-2008; R015-08, 4-17-2008; R153-08, 4-23-2009; A by
				  R091-16A,
				  eff. 11/2/2016
NRS 459.485,
				  459.490
Nevada Administrative Code › Chapter 444 - Sanitation › RECYCLING OF USED ANTIFREEZE › General Requirements › Section 444.8886 - Container: Secondary system for containment

Current through June 11, 2024
Each container which stores used antifreeze at a facility for
				  the transfer of used antifreeze or a facility for the recycling of used
				  antifreeze must have a secondary system for containment which:
1. Includes dikes, berms or retaining walls,
				or the equivalent, which are impervious to the penetration of used
				antifreeze;
2. Includes a floor, or
				the equivalent, which covers the entire area within the dike, berm or retaining
				wall and is impervious to the penetration of used antifreeze;
3. Is large enough to prevent the release of
				used antifreeze into the soil, groundwater or surface water; and
4. Has the capacity to contain either 10
				percent of the total volume of the containers within the system or the volume
				of the largest container within the system, excluding a container which
				contains no free liquid, whichever is greater.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96; A by R202-97,
				  3-5-98
NRS 459.485
Nevada Administrative Code › Chapter 444 - Sanitation › RECYCLING OF USED ANTIFREEZE › General Requirements › Section 444.8891 - Above-ground storage tank: Secondary system for containment

Current through June 11, 2024
1. Each storage tank that is above the ground
				which stores used antifreeze at a facility for the transfer of used antifreeze
				or a facility for the recycling of used antifreeze must have a secondary system
				for containment which:
(a) Includes dikes,
				berms or retaining walls, or the equivalent, which are impervious to the
				penetration of used antifreeze;
(b)
				Except as otherwise provided in subsection 2, includes a floor, or the
				equivalent, which covers the entire area within the dike, berm or retaining
				wall and is impervious to the penetration of used antifreeze; and
(c) Is large enough to prevent the release of
				used antifreeze into the soil, groundwater or surface water.
Nevada Administrative Code › Chapter 444 - Sanitation › RECYCLING OF USED ANTIFREEZE › General Requirements › Section 444.8896 - Required action upon release of used antifreeze

Current through June 11, 2024
If used antifreeze which is not governed by the requirements
				  of 40 C.F.R. Part 280, Subpart F, is released into the environment, a person,
				  center or facility that is governed by the provisions of NAC 444.8911 to
				  444.8931, inclusive, 444.8936 to 444.8986, inclusive, or 444.8991 to 444.9046,
				  inclusive, shall, as soon as the release is discovered:
1. Immediately stop the release of used
				antifreeze into the environment;
2.
				Immediately contain, if possible, the used antifreeze which was
				released;
3. Clean up and properly
				manage the used antifreeze which was released and any other materials that were
				released; and
4. If necessary to
				prevent future releases of used antifreeze, repair or replace any storage tanks
				or containers.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96; A by R126-03,
				  4-13-2004
NRS 459.485
Nevada Administrative Code › Chapter 444 - Sanitation › RECYCLING OF USED ANTIFREEZE › General Requirements › Section 444.8901 - Required report of release of used antifreeze

Current through June 11, 2024
In addition to the requirements of NAC 444.8896, a person,
				  center, point for aggregation or facility that is governed by the provisions of
				  NAC 444.8911 to 444.8931, inclusive, 444.8936 to 444.8986, inclusive, or
				  444.8991 to 444.9046, inclusive, shall, not more than 24 hours after a release,
				  report the release by telephone to:
1.
				The National Response Center, in accordance with 40 C.F.R. Part 302, at (800)
				424-8802 or (202) 267-2675; and
2.
				The Director of the State Department of Conservation and Natural Resources at
				(888) 331-6337 or (775) 687-9485.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96; A by R021-99, 9-27-99; R126-03,
				  4-13-2004
NRS 459.485,
					 459.550
Nevada Administrative Code › Chapter 444 - Sanitation › RECYCLING OF USED ANTIFREEZE › General Requirements › Section 444.8906 - Required report of release of used antifreeze into body of water

Current through June 11, 2024
If used antifreeze is released into a body of water in this
				  State, a person, center, point for aggregation or facility that is governed by
				  the provisions of NAC 444.8911 to 444.8931, inclusive, 444.8936 to 444.8986,
				  inclusive, or 444.8991 to 444.9046, inclusive, shall, not more than 24 hours
				  after a release, report the release by telephone to the Director of the State
				  Department of Conservation and Natural Resources at (888) 331-6337 or (775)
				  687-9485.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96; A by R021-99, 9-27-99; R126-03,
				  4-13-2004
NRS 459.485,
					 459.550
Nevada Administrative Code › Chapter 444 - Sanitation › RECYCLING OF USED ANTIFREEZE › Generation, Collection and Aggregation › Section 444.8911 - Applicability

Current through June 11, 2024
1. The provisions of NAC 444.8911 to
				444.8931, inclusive, apply to:
(a) Generators
				of used antifreeze, except for persons who generate used antifreeze from their
				households.
(b) Centers for the
				collection of used antifreeze.
(c)
				Points for aggregation.
Nevada Administrative Code › Chapter 444 - Sanitation › RECYCLING OF USED ANTIFREEZE › Generation, Collection and Aggregation › Section 444.8916 - Mixing of used antifreeze with solid or hazardous waste forbidden; storage

Current through June 11, 2024
1. A generator of
				used antifreeze shall not mix any solid waste or hazardous waste with used
				antifreeze.
2. A generator of used
				antifreeze shall store his or her used antifreeze in containers or storage
				tanks that are above the ground, or both, which comply with the requirements of
				NAC 444.8876.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96
NRS 459.485
Nevada Administrative Code › Chapter 444 - Sanitation › RECYCLING OF USED ANTIFREEZE › Generation, Collection and Aggregation › Section 444.8921 - Center for collection of used antifreeze: Registration

Current through June 11, 2024
A center for the collection of used antifreeze shall register
				  with the Division for permission to manage used antifreeze. An application for
				  registration may be obtained from the Division.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96
NRS 459.485
Nevada Administrative Code › Chapter 444 - Sanitation › RECYCLING OF USED ANTIFREEZE › Generation, Collection and Aggregation › Section 444.8926 - Recycling of used antifreeze for personal use: Requirements; calculation in determination of status; management of waste as hazardous waste

Current through June 11, 2024
1. A generator of used antifreeze may recycle
				his or her used antifreeze for the generator's own use if the recycling:
(a) Is performed by the generator at a site
				which is located where the used antifreeze was generated; or
(b) Is performed pursuant to a written
				contract by a mobile unit for the recycling of used antifreeze which is located
				where the used antifreeze was generated.
Nevada Administrative Code › Chapter 444 - Sanitation › RECYCLING OF USED ANTIFREEZE › Generation, Collection and Aggregation › Section 444.8931 - Transport of used antifreeze: Responsibilities of generator; calculation in determination of status

Current through June 11, 2024
1. Except as
				otherwise provided in this section, a generator of used antifreeze shall ensure
				that his or her used antifreeze is transported by persons who hold an
				identification number.
2. A
				generator may transport, without an identification number, used antifreeze
				generated at a site which is owned by the generator or collected from a person
				who generated the used antifreeze from his or her household if:
(a) The used antifreeze is transported in a
				motor vehicle which is owned by the generator or an employee of the
				generator;
(b) Not more than 350
				gallons of used antifreeze is transported at one time; and
(c) The used antifreeze is transported to a
				point for aggregation or a center for the collection of used antifreeze which
				is registered pursuant to NAC
				444.8921.
Nevada Administrative Code › Chapter 444 - Sanitation › RECYCLING OF USED ANTIFREEZE › Transport and Transfer › Section 444.8936 - Applicability

Current through June 11, 2024
1. Except as otherwise provided in this
				section, the provisions of NAC 444.8936 to 444.8986, inclusive, apply to all
				transporters of used antifreeze. The provisions of NAC 444.8936 to 444.8986,
				inclusive, apply to the transportation of used antifreeze for the purposes of
				import into this State and export from this State while the used antifreeze is
				located in this State.
2. The
				provisions of NAC 444.8936 to 444.8986, inclusive, do not apply to the
				transportation of used antifreeze on the site where the used antifreeze was
				generated.
3. The provisions of NAC
				444.8936 to 444.8986, inclusive, do not apply to the transportation of used
				antifreeze which was generated at a site owned by the generator of used
				antifreeze or collected from a person who generates used antifreeze from his or
				her household if:
(a) The used antifreeze is
				transported in a motor vehicle which is owned by the generator or an employee
				of the generator;
(b) Not more than
				350 gallons of used antifreeze is transported at one time; and
(c) The used antifreeze is transported to:
(1) A center for the collection of used
				antifreeze which is registered pursuant to NAC 444.8921; or
(2) A point for aggregation which is owned or
				operated by the generator.
Nevada Administrative Code › Chapter 444 - Sanitation › RECYCLING OF USED ANTIFREEZE › Transport and Transfer › Section 444.8941 - Management of used antifreeze transported in truck used for hazardous waste

Current through June 11, 2024
If a transporter of used antifreeze transports used
				  antifreeze in a truck which was used to transport hazardous waste, he or she
				  shall manage the used antifreeze as a hazardous waste pursuant to the
				  provisions of NAC
				  444.850 to
				  444.8746, inclusive, unless the
				  transporter removes the hazardous waste from the truck in accordance with
				  40 C.F.R. §
										261.7, as adopted by reference in NAC
				  444.8632, before transporting the
				  used antifreeze.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96; A by R126-03, 4-13-2004; R175-05, 5-4-2006;
				  R137-07, 1-30-2008; R015-08, 4-17-2008; R153-08, 4-23-2009; A by
				  R091-16A,
				  eff. 11/2/2016
NRS 459.485,
				  459.490
Nevada Administrative Code › Chapter 444 - Sanitation › RECYCLING OF USED ANTIFREEZE › Transport and Transfer › Section 444.8946 - Consolidation or aggregation; processing forbidden; exception

Current through June 11, 2024
1. A transporter of used antifreeze may
				consolidate or aggregate loads of used antifreeze for the purpose of
				transporting the used antifreeze.
2. Except as otherwise provided in this
				subsection, a transporter of used antifreeze shall not perform any operations
				which process the used antifreeze unless he or she complies with the provisions
				of NAC 444.8991 to 444.9046, inclusive. A transporter may perform operations
				which process the used antifreeze if the processing is a result of the normal
				operation of the transportation, including, without limitation, skimming or
				separating the used antifreeze.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96
NRS 459.485
Nevada Administrative Code › Chapter 444 - Sanitation › RECYCLING OF USED ANTIFREEZE › Transport and Transfer › Section 444.8951 - Identification number; compliance with federal regulations

Current through June 11, 2024
1. Except as otherwise provided in subsection
				2 of NAC 444.8931, a transporter of used antifreeze must hold an identification
				number. A person may obtain information relating to the procedure to obtain the
				identification number and an application by submitting a request in writing to
				the Division of Environmental Protection, Bryan State Office Building, 901
				South Stewart Street, Carson City, Nevada 89701-5249, or by telephone at (775)
				687-9481.
2. A transporter of used
				antifreeze shall comply with all applicable provisions of 49 C.F.R. Parts 173,
				178 and 179, which govern the packaging, labeling and placarding of hazardous
				waste.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96; A by R202-97, 3-5-98; R126-03, 4-13-2004;
				  R175-05, 5-4-2006
NRS 459.485
Nevada Administrative Code › Chapter 444 - Sanitation › RECYCLING OF USED ANTIFREEZE › Transport and Transfer › Section 444.8956 - Required destinations after transport

Current through June 11, 2024
A transporter of used antifreeze shall transport all used
				  antifreeze to:
1. Another transporter
				of used antifreeze who holds an identification number; or
2. A facility for the recycling of used
				antifreeze which has an identification number and written determination issued
				by the Administrator pursuant to NAC 444.8455 and 444.84555.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96
NRS 459.485
Nevada Administrative Code › Chapter 444 - Sanitation › RECYCLING OF USED ANTIFREEZE › Transport and Transfer › Section 444.8961 - Records of used antifreeze accepted for transport: Maintenance; contents

Current through June 11, 2024
A transporter of used antifreeze shall maintain records of
				  all used antifreeze accepted by him or her for the purpose of transport. The
				  transporter shall maintain the records for at least 3 years and, upon request,
				  provide the records for inspection by a representative of the Division. The
				  record for each shipment of used antifreeze accepted by the transporter must
				  include:
1. The name and address of
				the person or facility that provided the used antifreeze;
2. The identification number of the person,
				if he or she has an identification number, or the facility, if it has an
				identification number;
3. The
				quantity of used antifreeze accepted by the transporter; and
4. The signature and date of delivery of the
				representative of the person or facility that provided the used
				antifreeze.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96
NRS 459.485,
					 459.550
Nevada Administrative Code › Chapter 444 - Sanitation › RECYCLING OF USED ANTIFREEZE › Transport and Transfer › Section 444.8966 - Records of used antifreeze delivered to transporter: Maintenance; contents

Current through June 11, 2024
A transporter of used antifreeze shall maintain records of
				  all used antifreeze which is delivered by him or her to another transporter or
				  a facility for the recycling of used antifreeze, including a transporter or
				  facility that is located in a foreign county. The transporter shall maintain
				  the records for at least 3 years and, upon request, provide the records for
				  inspection by a representative of the Division. The record for each delivery of
				  used antifreeze must include:
1. The
				name and address of the facility or transporter which received the used
				antifreeze from the transporter;
2.
				The identification number of the facility, if it has an identification number,
				or the transporter, if he or she has an identification number;
3. The quantity of used antifreeze that was
				delivered to the facility or transporter;
4. The date of delivery of the used
				antifreeze; and
5. The signature of
				a representative of the transporter or facility that received the used
				antifreeze from the transporter, unless the used antifreeze is delivered to a
				foreign country.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96
NRS 459.485,
					 459.550
Nevada Administrative Code › Chapter 444 - Sanitation › RECYCLING OF USED ANTIFREEZE › Transport and Transfer › Section 444.8971 - Release of used antifreeze during transport

Current through June 11, 2024
1. If
				used antifreeze is released during transportation, the transporter of the used
				antifreeze shall immediately take action which is necessary to protect human
				health and the environment, including, without limitation, notification of the
				local, state and federal officials in the location where the release
				occurred.
2. If an official from a
				local, state or federal agency determines that the used antifreeze must be
				immediately removed to protect human health or the environment, that official
				may authorize the transportation of the used antifreeze by transporters who
				have not been issued an identification number.
3. If used antifreeze is released during
				transportation, the transporter shall clean up the release and take such action
				as is required or approved by an official from a local, state or federal
				agency.
4. If used antifreeze is
				released during transportation, the transporter shall comply with the
				provisions of this section and NAC 444.8896 and 444.8901.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96
NRS 459.485
Nevada Administrative Code › Chapter 444 - Sanitation › RECYCLING OF USED ANTIFREEZE › Transport and Transfer › Section 444.8976 - Release of used antifreeze into body of water during transport

Current through June 11, 2024
If used antifreeze is released during transportation into a
				  body of water which is located in this State, the person who transports the
				  used antifreeze shall:
1. Comply with
				the provisions of NAC 444.8906;
2.
				If required by 40 C.F.R. Part 302 or
				49 C.F.R.
				§
										171.15, report the release to the
				National Response Center at (800) 424-8802 or (202) 267-2675; and
3. If required by
				49 C.F.R. §
										171.16, provide a written report of the
				release to the Information Systems Manager, DHM-63, Research and Special
				Programs Administration, Department of Transportation, Washington, DC
				20509-0001.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96; A by R126-03,
				  4-13-2004
NRS 459.485,
					 459.550
Nevada Administrative Code › Chapter 444 - Sanitation › RECYCLING OF USED ANTIFREEZE › Transport and Transfer › Section 444.8981 - Storage: Tanks and containers

Current through June 11, 2024
An owner or operator of a facility for the transfer of used
				  antifreeze shall store the used antifreeze at the facility in storage tanks or
				  containers, or both, which comply with the applicable requirements of NAC
				  444.8876 to 444.8891, inclusive.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96
NRS 459.485
Nevada Administrative Code › Chapter 444 - Sanitation › RECYCLING OF USED ANTIFREEZE › Transport and Transfer › Section 444.8986 - Storage: Maximum duration

Current through June 11, 2024
An owner or operator of a facility for the transfer of used
				  antifreeze shall not store used antifreeze for more than 35
				  days.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96
NRS 459.485
Nevada Administrative Code › Chapter 444 - Sanitation › RECYCLING OF USED ANTIFREEZE › Facilities for Recycling › Section 444.8991 - Applicability

Current through June 11, 2024
The provisions of NAC 444.8991 to 444.9046, inclusive, apply
				  to facilities for the recycling of used antifreeze which perform recycling of
				  used antifreeze at a location other than the location where the used antifreeze
				  was generated.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96
NRS 459.485
Nevada Administrative Code › Chapter 444 - Sanitation › RECYCLING OF USED ANTIFREEZE › Facilities for Recycling › Section 444.8996 - Written determination; identification number

Current through June 11, 2024
1. An
				owner or operator of a facility for the recycling of used antifreeze shall
				obtain a written determination from the Administrator pursuant to NAC 444.8455
				and 444.84555.
2. An owner or
				operator of a facility for the recycling of used antifreeze shall obtain an
				identification number. A person may obtain information relating to the
				procedure to obtain the identification number and an application by submitting
				a request in writing to the Division of Environmental Protection, Bryan State
				Office Building, 901 South Stewart Street, Carson City, Nevada 89701-5249, or
				by telephone at (775) 687-9481.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96; A by R126-03, 4-13-2004; R175-05,
				  5-4-2006
NRS 459.485
Nevada Administrative Code › Chapter 444 - Sanitation › RECYCLING OF USED ANTIFREEZE › Facilities for Recycling › Section 444.9001 - Storage: Tanks and containers

Current through June 11, 2024
An owner or operator of a facility for the recycling of used
				  antifreeze shall store used antifreeze at the facility in storage tanks or
				  containers, or both, which comply with the applicable requirements of NAC
				  444.8876 to 444.8891, inclusive.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96
NRS 459.485
Nevada Administrative Code › Chapter 444 - Sanitation › RECYCLING OF USED ANTIFREEZE › Facilities for Recycling › Section 444.9006 - Requirements when above-ground storage tank no longer used

Current through June 11, 2024
1. Except as otherwise provided in subsection
				2, if a storage tank that is above the ground is no longer used at a facility
				for the recycling of used antifreeze, the owner or operator of the facility
				shall ensure that the used antifreeze, including its residue, is decontaminated
				or removed from the storage tank, system for containment, soil and other
				structures or equipment which are contaminated with used antifreeze. The owner
				or operator shall manage the used antifreeze as a hazardous waste unless it
				does not exhibit a characteristic of hazardous waste identified in 40 C.F.R.
				Part 261, as adopted by reference in NAC
				444.8632.
2. If the owner or operator demonstrates to
				the satisfaction of the Division that the used antifreeze cannot be removed or
				decontaminated as required by subsection 1, he or she must follow the
				procedures for closure and postclosure set forth in
				40 C.F.R. §
										265.310, as adopted by reference in NAC
				444.8632.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96; A by R126-03, 4-13-2004; R175-05, 5-4-2006;
				  R137-07, 1-30-2008; R015-08, 4-17-2008; R153-08, 4-23-2009; A by
				  R091-16A,
				  eff. 11/2/2016
NRS 459.485,
				  459.490
Nevada Administrative Code › Chapter 444 - Sanitation › RECYCLING OF USED ANTIFREEZE › Facilities for Recycling › Section 444.9011 - Requirements when facility is closed

Current through June 11, 2024
If a facility for the recycling of used antifreeze is closed,
				  the owner or operator of the facility shall ensure that containers which are
				  used to store used antifreeze, including its residue, are removed from the
				  facility and that systems for containment, soil and other structures or
				  equipment which are contaminated with used antifreeze are decontaminated or
				  removed. Material that is removed must be managed as a hazardous waste unless
				  it does not exhibit a characteristic of hazardous waste which is identified in
				  40 C.F.R. Part 261, as adopted by reference in NAC
				  444.8632.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96; A by R126-03, 4-13-2004; R175-05, 5-4-2006;
				  R137-07, 1-30-2008; R015-08, 4-17-2008; R153-08, 4-23-2009; A by
				  R091-16A,
				  eff. 11/2/2016
NRS 459.485,
				  459.490
Nevada Administrative Code › Chapter 444 - Sanitation › RECYCLING OF USED ANTIFREEZE › Facilities for Recycling › Section 444.9016 - Records of used antifreeze accepted by facility: Maintenance; contents

Current through June 11, 2024
An owner or operator of a facility for the recycling of used
				  antifreeze shall maintain records of all used antifreeze accepted by the
				  facility. The records must be maintained for at least 3 years and be made
				  available, upon request, for inspection by a representative of the Division.
				  The records may be in the form of a log, copies of contractual agreements,
				  invoices, bills of lading or other documents relating to shipping which show
				  each shipment of used antifreeze accepted by the facility for the purpose of
				  recycling. The record for each shipment of used antifreeze accepted by the
				  facility must include:
1. The name and
				address of the person, or the owner or operator of the facility that provided
				the used antifreeze;
2. The
				identification number of the person, or the owner or operator that provided the
				used antifreeze, if he or she has an identification number;
3. The quantity of used antifreeze accepted
				by the facility; and
4. The
				signature and date of acceptance of the representative of the person, or the
				owner or operator that provided the used antifreeze.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96
NRS 459.485,
					 459.550
Nevada Administrative Code › Chapter 444 - Sanitation › RECYCLING OF USED ANTIFREEZE › Facilities for Recycling › Section 444.9021 - Management of residue as hazardous waste

Current through June 11, 2024
An owner or operator of a facility for the recycling of used
				  antifreeze shall manage any residue of used antifreeze which is generated by
				  the storage or recycling of used antifreeze in accordance with the provisions
				  of NAC 444.850 to 444.8746, inclusive.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96
NRS 459.485
Nevada Administrative Code › Chapter 444 - Sanitation › RECYCLING OF USED ANTIFREEZE › Facilities for Recycling › Section 444.9026 - Responsibility of owner or operator that used antifreeze not be mixed with hazardous waste; creation, maintenance and review of written plan

Current through June 11, 2024
1. An owner or operator of a facility for the
				recycling of used antifreeze shall ensure that the used antifreeze managed at
				the facility is not mixed with hazardous waste. The owner or operator shall
				submit to the Division a written plan for the characterization of waste which
				describes the procedures that will be used at the facility to detect hazardous
				waste at the facility. The facility must not begin operations until the
				Division has approved the written plan.
2. The written plan must be reviewed, and
				amended if necessary, if the quantity or source of waste streams received at
				the facility changes significantly.
3. The written plan must be maintained at the
				facility and be made available, upon request, for review by a representative of
				the Division.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96
NRS 459.485
Nevada Administrative Code › Chapter 444 - Sanitation › RECYCLING OF USED ANTIFREEZE › Facilities for Recycling › Section 444.9031 - Contingency plan in case of release: Contents; review and amendment; maintenance

Current through June 11, 2024
1. An owner or
				operator of a facility for the recycling of used antifreeze shall develop a
				plan for contingency to be followed if used antifreeze is released into the
				soil, groundwater or surface water. The plan must:
(a) Be designed to minimize hazards to human
				health, public safety and the environment upon the release of used antifreeze;
				and
(b) Describe the actions that
				personnel employed at the facility will be required to take upon the release of
				used antifreeze.
Nevada Administrative Code › Chapter 444 - Sanitation › RECYCLING OF USED ANTIFREEZE › Facilities for Recycling › Section 444.9036 - Responsibility of owner or operator for weekly inspection of storage tanks and containers

Current through June 11, 2024
An owner or operator of a facility for the recycling of used
				  antifreeze shall ensure that all containers and storage tanks at the facility,
				  including the secondary systems for containment, are inspected at least once
				  per week. The containers and storage tanks must be inspected for evidence of
				  leaks and deterioration caused by corrosion or other factors. Each inspection
				  must be documented in the written record of operation.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96
NRS 459.485,
					 459.550
Nevada Administrative Code › Chapter 444 - Sanitation › RECYCLING OF USED ANTIFREEZE › Facilities for Recycling › Section 444.9041 - Written record of operation

Current through June 11, 2024
1. An owner or
				operator of a facility for the recycling of used antifreeze shall maintain a
				written record of operation. The record of operation must include:
(a) The records and results of analyses
				performed on used antifreeze at the facility pursuant to NAC
				444.9026;
(b) Reports which
				summarize all incidents which required the facility to use its plan for
				contingency;
(c) A copy of the
				application for a written determination submitted by the facility pursuant to
				NAC 444.84555;
(d) A copy of the
				written determination issued to the facility by the Administrator;
(e) The records for each shipment of
				antifreeze maintained pursuant to NAC 444.9016; and
(f) The records of inspections of the
				containers and storage tanks used at the facility pursuant to NAC
				444.9036.
Nevada Administrative Code › Chapter 444 - Sanitation › RECYCLING OF USED ANTIFREEZE › Facilities for Recycling › Section 444.9046 - Written report

Current through June 11, 2024
1. An owner or
				operator of a facility for the recycling of used antifreeze shall submit a
				written report to the Administrator which includes:
(a) The name and address of the
				facility;
(b) The identification
				number issued to the facility;
(c)
				The quantity of used antifreeze accepted by the facility for recycling during
				the previous year;
(d) The quantity
				of used antifreeze accepted by the facility for a purpose other than recycling
				and the disposition of that used antifreeze; and
(e) The calendar year which the report
				covers.
Nevada Administrative Code › Chapter 444 - Sanitation › RECYCLING OF USED ANTIFREEZE › Mobile Units for Recycling › Section 444.9051 - Applicability

Current through June 11, 2024
The provisions of NAC 444.9051 to 444.9071, inclusive, apply
				  to an owner or operator of a mobile unit for the recycling of used antifreeze
				  which recycles used antifreeze pursuant to a contract with a generator of used
				  antifreeze.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96
NRS 459.485
Nevada Administrative Code › Chapter 444 - Sanitation › RECYCLING OF USED ANTIFREEZE › Mobile Units for Recycling › Section 444.9056 - Written determination

Current through June 11, 2024
An owner or operator of a mobile unit for the recycling of
				  used antifreeze shall obtain a written determination from the Administrator
				  pursuant to NAC 444.8455 and 444.84555.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96
NRS 459.485
Nevada Administrative Code › Chapter 444 - Sanitation › RECYCLING OF USED ANTIFREEZE › Mobile Units for Recycling › Section 444.9061 - Records of used antifreeze accepted by mobile unit: Maintenance; contents

Current through June 11, 2024
An owner or operator of a mobile unit for the recycling of
				  used antifreeze shall maintain records of all used antifreeze accepted by the
				  mobile unit for recycling. The records must be maintained for at least 3 years
				  and be made available, upon request, for inspection by a representative of the
				  Division. The records may be in the form of a log or copies of written
				  contracts. The record for each shipment of used antifreeze accepted by the
				  mobile unit for the purpose of recycling must include:
1. The name and address of the generator of
				used antifreeze;
2. The
				identification number of the generator, if he or she has an identification
				number;
3. The quantity of used
				antifreeze that is accepted by the mobile unit;
4. The date of acceptance of the used
				antifreeze; and
5. Upon completion
				of the contract, the date of completion and the signature of the representative
				of the owner or operator of the mobile unit.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96
NRS 459.485,
					 459.550
Nevada Administrative Code › Chapter 444 - Sanitation › RECYCLING OF USED ANTIFREEZE › Mobile Units for Recycling › Section 444.9066 - Management of residue as hazardous waste

Current through June 11, 2024
1. Except as
				otherwise provided in subsection 2, an owner or operator of a mobile unit for
				the recycling of used antifreeze is responsible for the proper management, in
				accordance with NAC 444.850 to 444.8746, inclusive, of residue of used
				antifreeze generated during the recycling or storage of the used
				antifreeze.
2. If recycling of used
				antifreeze occurs at the location where the used antifreeze was generated, the
				contract between the generator of used antifreeze and the owner or operator of
				the mobile unit which performs the recycling may specify that the generator is
				responsible for the proper management, in accordance with NAC 444.850 to
				444.8746, inclusive, of residue of used antifreeze generated during the
				recycling or storage of the used antifreeze.
Added to NAC by
				  Environmental Comm'n, eff. 10-3-96
NRS 459.485
Nevada Administrative Code › Chapter 444 - Sanitation › RECYCLING OF USED ANTIFREEZE › Mobile Units for Recycling › Section 444.9071 - Written report

Current through June 11, 2024
1. An owner or
				operator of a mobile unit for the recycling of used antifreeze shall submit a
				written report to the Administrator which includes:
(a) The name and address of the mobile
				unit;
(b) The identification number
				issued to the mobile unit;
(c) The
				quantity of used antifreeze accepted by the mobile unit for recycling during
				the previous year; and
(d) The
				calendar year which the report covers.