Nevada Administrative Code › Chapter 459 - Hazardous Materials › PENALTIES › Section 459.949 - Administrative fine for failure to comply with regulation or statute governing hazardous materials; procedure for imposition of fine; recovery of actual damages; reduction of fine

Current through June 11,
				  2024
1. If an
				  inspection, evaluation or investigation reveals that a person is in violation
				  of NAC 459.010 to
				  459.950, inclusive, and sections
				  5 to 12, inclusive, and sections 5 to 12, inclusive, of this regulation, or any
				  provision of chapter 459 of NRS, the Division may issue a notice of
				  violation.
2. Except as otherwise
				  provided in subsection 4, the Division may impose an administrative fine as
				  provided in subsection 3 after sending the notice of violation to the violator
				  by certified mail or personal service. The notice of violation must include a
				  reference to the section of the statute, regulation, order or condition of a
				  license violated, a concise statement of the facts alleged to constitute the
				  violation, a statement of the amount of the administrative fine to be imposed
				  and a statement of the violator's right to a hearing. The violator has 10
				  business days after receipt of the notice within which to deliver to the
				  Division a written request for a hearing. After the hearing, if requested, and
				  upon a finding that a violation has occurred, the Administrator of the Division
				  may issue a final order and assess the amount of the fine. If no hearing is
				  requested, the notice becomes a final order upon the expiration of the 10-day
				  period. Payment of the penalty is due when a final order is issued or when the
				  notice becomes a final order. The authority to levy an administrative fine is
				  in addition to all other provisions for enforcement of
				  NRS 459.010 to
				  459.290, inclusive, or
				  NAC 459.010 to 459.950, inclusive, and sections 5 to 12, inclusive, and
				  sections 5 to 12, inclusive, of this regulation, and the payment of the
				  administrative fine does not affect the availability of any other provision for
				  enforcement in connection with the violation for which the penalty is
				  levied.
3. The Division may, after
				  providing a notice of violation as described in subsection 2, impose an
				  administrative fine:
(a) Except as otherwise
				  provided in paragraphs (b), (c) and (d), of not more than $2,000 per day for
				  each violation of NAC 459.010 to 459.950, inclusive, and sections 5 to 12,
				  inclusive, of this regulation, or any provision of chapter 459 of NRS, or for a
				  violation of any regulation or order, or any term, condition, or limitation of
				  any license issued pursuant to those provisions.
(b) Of not more than $5,000 per day for each
				  violation of a provision described in paragraph (a) that the Division
				  determines is necessary to protect health and minimize danger to life or
				  property.
(c) In the amount of $500
				  for the failure to satisfy the requirement of notifying the Division within the
				  period specified in paragraph (b) of subsection 1 of NAC
				  459.210.
(d) In an amount equal to the fee required
				  for the proposed activity if the person fails to receive written permission
				  from the Division, as required pursuant to paragraph (b) of subsection 1 of NAC
				  459.210, to proceed with the
				  proposed activity before engaging in the proposed activity.