reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 444 - Sanitation › FACILITIES FOR MANAGEMENT OF HAZARDOUS WASTE › General Provisions › Section 444.8438 - "Storage" defined

Current through June 11, 2024
"Storage" has the meaning ascribed to it in
				  NRS
				  459.450.
Added to NAC by
				  Environmental Comm'n, eff. 7-22-87
NRS 459.485
Nevada Administrative Code › Chapter 444 - Sanitation › FACILITIES FOR MANAGEMENT OF HAZARDOUS WASTE › General Provisions › Section 444.8442 - "Treatment" defined

Current through June 11, 2024
"Treatment" has the meaning ascribed to it in
				  NRS
				  459.455.
Added to NAC by
				  Environmental Comm'n, eff. 7-22-87
NRS 459.485
Nevada Administrative Code › Chapter 444 - Sanitation › FACILITIES FOR MANAGEMENT OF HAZARDOUS WASTE › General Provisions › Section 444.8444 - "Waste containing polychlorinated biphenyl" defined

Current through June 11, 2024
"Waste containing polychlorinated biphenyl" has the meaning
				  ascribed to it in NAC 444.945.
Added to NAC by
				  Environmental Comm'n, eff. 7-22-87
NRS 459.485
Nevada Administrative Code › Chapter 444 - Sanitation › FACILITIES FOR MANAGEMENT OF HAZARDOUS WASTE › General Provisions › Section 444.8446 - Fee for processing and review of certain applications: Payment; amount; deposit; return of excess

Current through June 11, 2024
1. Except as
				otherwise provided in subsection 4, the:
(a)
				Owner or operator of a facility for the management of hazardous waste, for
				which a permit is required for its operation, closure or care after
				closure;
(b) Person who applies for
				a written determination pursuant to NAC 444.8455; or
(c) Person who applies for a certificate of
				designation pursuant to NAC 444.8458, must, before the Administrator may issue
				a permit, written determination or certificate of designation, pay a fee to the
				Division to offset the cost to process and review the application. The amount
				of the fee is $50 for each hour of staff time devoted to processing and
				reviewing the application for the facility, plus the amount paid to consultants
				by the Division in connection with the application. The total fee must not
				exceed:
Regulated Unit
Maximum Fee
Landfill, boiler, industrial furnace or
							 incinerator...........................................
$50,000
Treatment..................................................................................................
50,000
Surface impounds, areas for thermal treatment, waste
							 piles.........................
25,000
Storage.....................................................................................................
25,000
Facility for
							 recycling...................................................................................
10,000
Mobile unit for the recycling of hazardous
							 waste.........................................
10,000
Nevada Administrative Code › Chapter 444 - Sanitation › FACILITIES FOR MANAGEMENT OF HAZARDOUS WASTE › General Provisions › Section 444.8447 - Fees for emergency permit

Current through June 11, 2024
1. Except as
				otherwise provided in subsection 2, an owner or operator of a facility for the
				management of hazardous waste who applies for an emergency permit pursuant to
				40 C.F.R. §
										270.61, as adopted by reference in NAC
				444.8632, shall, before the
				permit is issued by the Administrator, pay to the Division the following fees
				to offset the cost to process and review the application:
(a) A fee of $25; and
(b) An additional fee of $50 for each hour of
				staff time devoted to processing and reviewing the application.
Nevada Administrative Code › Chapter 444 - Sanitation › FACILITIES FOR MANAGEMENT OF HAZARDOUS WASTE › General Provisions › Section 444.8448 - Fees for modification, termination or reissuance of existing permit

Current through June 11, 2024
1. An owner or operator of a facility for the
				management of hazardous waste who applies for a modification, or a renewal and
				reissuance of an existing permit issued by the Division shall, before the
				Administrator may modify or renew and reissue the existing permit, pay to the
				Division the following fees to offset the cost to process and review the
				application:
(a) For the renewal and
				reissuance of an existing permit, $15,000.
(b) For the class 1 modification of an
				existing permit that requires prior approval, $500.
(c) For the class 2 modification of an
				existing permit, $1,500.
(d) For
				the class 3 modification of an existing permit, $5,000.
Nevada Administrative Code › Chapter 444 - Sanitation › FACILITIES FOR MANAGEMENT OF HAZARDOUS WASTE › General Provisions › Section 444.845 - Annual operating fee; penalty for unpaid fee

Current through June 11, 2024
1. The owner or
				operator of a facility for the management of hazardous waste shall, on or
				before March 1 of each year, pay the following annual permit fee to the
				Division to offset partially the cost of inspection and other regulation of the
				facility:
Permitted Activity or Regulated Unit
Annual Permit Fee
Land disposal, or incineration or burning in a
								boiler or industrial furnace ........
......... $50,000
Treatment of hazardous waste
								............................................................................
........... 10,000
Thermal treatment of waste munitions of the Armed
								Forces of the United States or its contractor, including, without limitation,
								detonation ................
............. 7,500
Storage of hazardous waste
								................................................................................
............. 2,500
2.
				If the facility contains more than one type of regulated unit or engages in
				more than one type of permitted activity, the operator is not required to pay
				more than the annual permit fee for the regulated unit or permitted activity to
				which the highest fee is applicable.
3. The Division may assess a penalty of 2
				percent of the unpaid balance for each month, or portion thereof, that the fee
				remains unpaid.
4. As used in this
				section, "owner or operator of a facility for the management of hazardous
				waste" means a person who:
(a) Qualifies for
				interim status pursuant to 40 C.F.R. Part 270, Subpart G , as adopted by
				reference in NAC
				444.8632;
(b) Has been issued a permit pursuant to 40
				C.F.R. Part 124, Subparts A , B and G, and Part 270, Subparts A to F, inclusive
				, I and J, as adopted by reference in NAC
				444.8632; or
(c) Has been issued a permit to carry out a
				remedial action plan pursuant to 40 C.F.R. Part 270, Subpart H, as adopted by
				reference in NAC
				444.8632, if the facility is
				constructed and the permit issued after October 24, 2014.
Nevada Administrative Code › Chapter 444 - Sanitation › FACILITIES FOR MANAGEMENT OF HAZARDOUS WASTE › General Provisions › Section 444.8452 - Additional fees to offset cost of inspection and other regulation: Payment; accounting; penalty for unpaid fee; waiver

Current through June 11, 2024
1. The owner or
				operator of a facility for the management of hazardous waste shall, in addition
				to any other applicable fees, pay the following fees to the Division to offset
				partially the cost of inspection and other regulation of the facility:
(a) For the disposal, open burn, open
				detonation or incineration of hazardous waste by a unit or for the burning of
				hazardous waste in a boiler or industrial furnace for the recovery of energy by
				a facility:
(1) Nineteen dollars per ton of
				the volume that is hazardous waste pursuant to paragraph (a) of subsection 2 of
				NAC 444.843; and
(2) Three dollars and fifty cents per ton of
				the volume that is hazardous waste pursuant to paragraph (b) or (c) of
				subsection 2 of NAC
				444.843 but is not hazardous
				waste pursuant to paragraph (a) of that subsection.
Nevada Administrative Code › Chapter 444 - Sanitation › FACILITIES FOR MANAGEMENT OF HAZARDOUS WASTE › General Provisions › Section 444.8454 - Deposit of fees

Current through June 11, 2024
The Division shall deposit the fees and penalties it collects
				  pursuant to NAC 444.8446 to 444.8452, inclusive, with the State Treasurer for
				  credit to the Account for the Management of Hazardous Waste.
Added to NAC by
				  Environmental Comm'n, eff. 7-22-87; A by R170-99,
				  1-26-2000
NRS 459.485,
					 459.500,
					 459.510
Nevada Administrative Code › Chapter 444 - Sanitation › FACILITIES FOR MANAGEMENT OF HAZARDOUS WASTE › General Provisions › Section 444.8455 - Facility or mobile unit for recycling of hazardous waste: Preliminary requirements; exemption

Current through June 11, 2024
1. Except as
				otherwise provided in subsection 4, a person who proposes to construct or
				operate a facility for the recycling of hazardous waste must obtain a written
				determination from the Administrator that the facility will operate as a
				facility for the recycling of hazardous waste before commencing the
				construction or operation of the facility. If the facility will recycle
				hazardous waste other than used antifreeze governed by NAC
				444.8801 to
				444.9071, inclusive, or precious
				metals governed by 40 C.F.R. Part 266, as adopted by reference in NAC
				444.8632, the Administrator must
				approve an operating plan for the facility before construction or operation of
				the facility commences. Such an operating plan must, without limitation,
				include a description of the procedures that will ensure safe operation and
				demonstrate compliance with:
(a) The
				requirements for emergency preparedness and a contingency plan specified in 40
				C.F.R. Part 264, Subparts C and D , as adopted by reference in NAC
				444.8632;
(b) The standards for containers and tanks
				specified in 40 C.F.R. Part 264, Subparts I, J, AA, BB and CC , as adopted by
				reference in NAC
				444.8632; and
(c) The applicable requirements for closure
				and financial assurance for closure specified in 40 C.F.R. Part 264, Subparts G
				and H , as adopted by reference in NAC
				444.8632.
Nevada Administrative Code › Chapter 444 - Sanitation › FACILITIES FOR MANAGEMENT OF HAZARDOUS WASTE › General Provisions › Section 444.84555 - Facility or mobile unit for recycling of hazardous waste: Written determination by Administrator

Current through June 11, 2024
1. An application
				for a written determination that a proposed facility or mobile unit will
				operate as a facility for the recycling of hazardous waste or mobile unit for
				the recycling of hazardous waste must be accompanied by:
(a) The name and address of the owner and
				operator of the facility or mobile unit;
(b) The name and address of the property
				owner of the location at which a facility is proposed to be
				constructed;
(c) A detailed
				description of the type of recycling which is proposed, including:
(1) The manufacturer of the equipment to be
				used at the facility or mobile unit;
(2) The nature of the recycling;
				and
(3) An explanation evidencing
				that the:
(I) Facility is a facility for the
				recycling of hazardous waste; or
(II) Mobile unit is a mobile unit for the
				recycling of hazardous waste;
(d) A description of the source and estimated
				amount of hazardous waste to be recycled on an average day and on a peak
				day;
(e) A physical and chemical
				description of the type of hazardous waste to be accepted by the facility or
				processed by the mobile unit;
(f) A
				detailed economic analysis of the recycling process to be used at the facility
				or by the mobile unit, including:
(1) The
				projected costs to operate the facility or mobile unit;
(2) The fees that would be charged per unit
				of volume to process waste transported to the facility or processed by the
				mobile unit;
(3) The projected
				value that would be recovered per unit of volume; and
(4) The projected costs otherwise to manage,
				recycle, treat or dispose of the material as a hazardous waste;
(g) A description of the markets
				and the uses for the products to be produced and the materials and energy to be
				recovered;
(h) A comparison of the
				economic and environmental impact of the proposed recycling process to a
				process which uses material that is not considered waste when producing the
				same product; and
(i) An operating
				plan if the facility is a stationary facility and will recycle hazardous waste
				other than used antifreeze governed by NAC
				444.8801 to
				444.9071, inclusive, or precious
				metals governed by 40 C.F.R. Part 266. Such an operating plan must, without
				limitation, include a description of the procedures that will ensure safe
				operation and demonstrate compliance with:
(1)
				The requirements for emergency preparedness and a contingency plan specified in
				40 C.F.R. Part 264, Subparts C and D;
(2) The standards for containers and tanks
				specified in 40 C.F.R. Part 264, Subparts I, J, AA, BB and CC; and
(3) The applicable requirements for closure
				and financial assurance for closure specified in 40 C.F.R. Part 264, Subparts G
				and H.
Nevada Administrative Code › Chapter 444 - Sanitation › FACILITIES FOR MANAGEMENT OF HAZARDOUS WASTE › General Provisions › Section 444.8456 - Stationary new or expanding facility for management of hazardous waste: Restrictions on location; exempt facilities

Current through June 11, 2024
1. A stationary
				new or expanding facility for the management of hazardous waste must not be
				constructed within:
(a) One mile of:
(1) A dwelling, school, church or community
				center;
(2) An area zoned solely
				for residential use;
(3) A public
				park;
(4) A wildlife management
				area;
(5) An area identified by the
				Department of Wildlife as a key habitat for wildlife or as a habitat for an
				endangered or threatened species;
(6) An area where surface water or wetlands
				occur;
(7) A natural or
				artificially created geologic hazard which provides a potential for the
				conveyance of hazardous constituents, as that term is defined in Appendix VIII
				of 40 C.F.R. Part 261, as adopted by reference in NAC
				444.8632, to surface or
				groundwaters; or
(8) An existing
				well which supplies public drinking water;
Nevada Administrative Code › Chapter 444 - Sanitation › FACILITIES FOR MANAGEMENT OF HAZARDOUS WASTE › General Provisions › Section 444.8458 - Stationary new or expanding facility for management of hazardous waste: Certificate of designation; prerequisite for permit; application; issuance; exempt facilities

Current through June 11, 2024
1. A person who
				proposes to construct or operate a new or new or expanding facility for the
				management of hazardous waste must obtain a certificate of designation from the
				Administrator before the submission of an application for a permit or class 3
				modification required pursuant to 40 C.F.R. Part 124, Subparts A , B and G, and
				Part 270, Subparts A to F, inclusive , H, I and J, as adopted by reference in
				NAC 444.8632.
2. An application for a certificate of
				designation must be accompanied by sufficient information to determine the need
				for the facility and by information concerning:
(a) The effect of the proposed facility on
				the public health, safety and welfare in the geographic area and any
				municipality near its proposed location, including without limitation:
(1) The risk and effect of an accident in the
				transportation of hazardous waste to the facility;
(2) The identification, risk and effect of
				any spill, discharge, fire, failure of equipment or other emergency that could
				occur at the facility;
(3) The
				identification, risk and effect of any exposure to persons of hazardous waste,
				or products of the degradation of hazardous waste, that could occur during the
				operation or after the closure of the facility;
(4) The consistency of the facility with
				local and regional plans and regulations for the use of land;
(5) The protection of the public from adverse
				effects, including the economic and environmental effects from the construction
				and operation, and care after closure, of the facility;
(6) The risk and effect of the facility
				concerning public and private sources of drinking water; and
(7) The risk and effect of the facility
				concerning scenic, historic and recreational areas, and wetlands, floodplains,
				wildlife areas and other areas that are environmentally sensitive;
Nevada Administrative Code › Chapter 444 - Sanitation › FACILITIES FOR MANAGEMENT OF HAZARDOUS WASTE › General Provisions › Section 444.846 - Fee for volume of hazardous waste received by facility for the management of hazardous waste owned by State: Amount; payment; penalty; disposition

Current through June 11, 2024
1. The operator of a facility for the
				management of hazardous waste that is owned by the State of Nevada shall, in
				addition to any other applicable fees, pay to the Division of Environmental
				Protection of the State Department of Conservation and Natural Resources a fee
				of 25 cents per cubic foot of the volume of all hazardous waste received at the
				facility.
2. The operator of such a
				facility shall pay the fee provided in subsection 1, based upon the volume of
				hazardous waste received by the facility during each quarter of the calendar
				year, within 30 days after the end of each quarter.
3. The Division of Environmental Protection
				may assess and collect a penalty of 2 percent of the unpaid balance for each
				month, or portion thereof, that the fee remains due.
4. The Division of Environmental Protection
				shall:
(a) Deposit the money received pursuant
				to this section in the Account for the Management of Hazardous Waste created
				pursuant to
				NRS
				459.530;
(b) Account for the money received pursuant
				to this section separately; and
(c)
				Use the money for the cost of closure and perpetual care of the
				facility.
Nevada Administrative Code › Chapter 444 - Sanitation › FACILITIES FOR MANAGEMENT OF HAZARDOUS WASTE › Variances › Section 444.847 - Submission of application

Current through June 11, 2024
Any person seeking a variance from the provisions of NAC
				  444.842 to 444.8482, inclusive, must submit an application for the variance to
				  the Secretary of the Commission.
Added to NAC by
				  Environmental Comm'n, eff. 4-18-90
NRS 459.485,
					 459.548
Nevada Administrative Code › Chapter 444 - Sanitation › FACILITIES FOR MANAGEMENT OF HAZARDOUS WASTE › Variances › Section 444.8472 - Contents of application

Current through June 11, 2024
An application for a variance must:
1. Be accompanied by:
(a) The maximum fee prescribed by subsection
				2 of NAC 444.8474;
(b) A map
				showing:
(1) The site of the facility or
				proposed facility; and
(2) The
				location of any area, structure, park, hazard or well described in NAC 444.8456
				and located within 2 miles of the facility;
(c) Any drawings, plans or specifications
				related to the variance requested; and
(d) If it has not previously been submitted,
				any report of operations required to be submitted to the Division pursuant to
				this chapter.
Nevada Administrative Code › Chapter 444 - Sanitation › FACILITIES FOR MANAGEMENT OF HAZARDOUS WASTE › Variances › Section 444.8474 - Fee for review of application: Amount; return of excess

Current through June 11, 2024
1. An applicant for a variance shall pay:
(a) A fee of $50 per hour for each hour spent
				by the staff of the Division to review the application; and
(b) The actual cost of travel, per diem,
				salaries and any other expenses incurred by the Commission in connection with
				the application.
Nevada Administrative Code › Chapter 444 - Sanitation › FACILITIES FOR MANAGEMENT OF HAZARDOUS WASTE › Variances › Section 444.8476 - Initial review of application; recommendation to Commission

Current through June 11, 2024
Upon the filing of an application for a variance, the
				  Division shall review the application and accompanying materials and make a
				  recommendation to the Commission for approval or disapproval of the
				  application.
Added to NAC by
				  Environmental Comm'n, eff. 4-18-90
NRS 459.485,
					 459.548
Nevada Administrative Code › Chapter 444 - Sanitation › FACILITIES FOR MANAGEMENT OF HAZARDOUS WASTE › Variances › Section 444.8478 - Public comment and hearing on application; statement of reasons for denial

Current through June 11, 2024
1. Before an
				application is heard, the Commission will provide for a period of public notice
				and comment of not less than 30 days. After the expiration of that period, the
				application will be heard by the Commission at its next regularly scheduled
				meeting or at a meeting scheduled by the Chair of the Commission.
2. If the Commission denies an application,
				it will state its reasons for the denial.
Added to NAC by
				  Environmental Comm'n, eff. 4-18-90
NRS 459.485,
					 459.548
Nevada Administrative Code › Chapter 444 - Sanitation › FACILITIES FOR MANAGEMENT OF HAZARDOUS WASTE › Variances › Section 444.848 - Duration of variance; revocation; annual review

Current through June 11, 2024
1. The
				duration of a variance will be established by the Commission in each case, but
				in no event does a variance continue in force after the expiration of any
				permit issued by the Division for the facility involved.
2. A variance may be revoked by the
				Commission if it finds, after notice to the owner or operator of the facility
				and a hearing at which the owner or operator is given an opportunity to be
				heard:
(a) That the owner or operator has
				violated any condition of the variance; or
(b) That continued operation of the facility
				as permitted by the variance poses an unreasonable threat to the public health
				or violates minimum requirements for the protection of public health as
				established by state and federal laws and regulations.
Nevada Administrative Code › Chapter 444 - Sanitation › FACILITIES FOR MANAGEMENT OF HAZARDOUS WASTE › Variances › Section 444.8482 - Renewal of variance

Current through June 11, 2024
1. A variance must
				be renewed before the renewal of any permit issued by the Division for the
				facility involved.
2. An
				application to renew a variance is subject to all the provisions of NAC 444.847
				to 444.8482, inclusive, except that the information required by NAC 444.8472
				for an original application need not be submitted if the applicant requests the
				incorporation into the present record of the entire administrative record
				relating to the original application.
Added to NAC by
				  Environmental Comm'n, eff. 4-18-90
NRS 459.485,
					 459.547,
					 459.548
Nevada Administrative Code › Chapter 444 - Sanitation › DISPOSAL OF HAZARDOUS WASTE › General Provisions › Section 444.850 - Definitions

Current through June 11, 2024
As used in NAC 444.850 to
				  444.8746, inclusive, unless the
				  context otherwise requires:
1. The
				words and terms defined in NAC
				444.8505 to
				444.861, inclusive, and sections
				2 and 3 of this regulation have the meanings ascribed to them in those
				sections.
2. Except for the words
				and terms otherwise defined in NAC
				444.8505 to
				444.861, inclusive, and sections
				2 and 3 of this regulation, the words and terms defined in
				40
				C.F.R. §
										260.10, as adopted by reference
				in NAC 444.8632, have the meanings
				ascribed to them in that section.
Added to NAC by
				  Environmental Comm'n, eff. 11-22-82; A 9-19-90; 9-19-90, eff. 12-1-90; 1-2-92;
				  5-27-92; 5-27-92; 10-29-93; 3-1-94; 11-9-95; R202-97, 3-5-98; R124-98, 11-2-98;
				  R170-99, 1-26-2000; R037-01, 10-25-2001; R104-02, 10-18-2002; 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; A by
				  R084-19A,
				  eff. 8/26/2020
NRS 459.485,
				  459.490
Nevada Administrative Code › Chapter 444 - Sanitation › DISPOSAL OF HAZARDOUS WASTE › General Provisions › Section 444.8509

Current through June 11, 2024
Added to NAC by
				  Environmental Comm'n, eff. 3-1-94; R by
				  R084-19A,
				  eff. 8/26/2020
NRS 459.485,
				  459.490
Nevada Administrative Code › Chapter 444 - Sanitation › DISPOSAL OF HAZARDOUS WASTE › General Provisions › Section 444.8546 - "Facility for the management of hazardous waste" defined

Current through June 11, 2024
"Facility for the management of hazardous waste" has the
				  meaning ascribed to it in NAC 444.8428.
Added to NAC by
				  Environmental Comm'n, eff. 5-27-92
NRS 459.485
Nevada Administrative Code › Chapter 444 - Sanitation › DISPOSAL OF HAZARDOUS WASTE › General Provisions › Section 444.8565 - "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 4448632; and
(b) Waste brought into this State which is
				designated as hazardous waste in the state of its origin.
The term does not include waste containing polychlorinated
				  biphenyl, unless it is mixed with hazardous waste.
Nevada Administrative Code › Chapter 444 - Sanitation › DISPOSAL OF HAZARDOUS WASTE › General Provisions › Section 444.861 - "Used oil" defined

Current through June 11, 2024
"Used oil" means any oil that has been refined from crude
				  oil, or any synthetic oil, that has been used and as a result of the use is
				  contaminated by physical or chemical impurities.
Added to NAC by
				  Environmental Comm'n, eff. 3-1-94
NRS 459.485
Nevada Administrative Code › Chapter 444 - Sanitation › DISPOSAL OF HAZARDOUS WASTE › General Provisions › Section 444.8614 - "Very small quantity generator" defined

Current through June 11, 2024
"Very small quantity generator" means a generator which
				  generates less than or equal to the following amounts in a calendar
				  month:
1. 100 kilograms (220 pounds)
				of non-acute hazardous waste;
2. 1
				kilogram (2.2 pounds) of acute hazardous waste listed in
				40 C.F.R. §§
										261.31 or
				261.33(e);
				and
3. 100 kilograms (220 pounds)
				of any residue or contaminated soil, water or other debris resulting from the
				cleanup of a spill into or on any land or water of any acute hazardous waste
				listed in
				40 C.F.R. §§
										261.31 or
				261.33(e).
Added to
				  NAC by Bd. of Health by
				  R084-19A,
				  eff. 8/26/2020
NRS 459.485,
				  459.490
Nevada Administrative Code › Chapter 444 - Sanitation › DISPOSAL OF HAZARDOUS WASTE › General Provisions › Section 444.8616 - "Written" defined

Current through June 11, 2024
"Written" includes, without limitation, any form that results
				  in a permanent record and is handwritten, typed, printed or electronically
				  created.
Added to
				  NAC by Bd. of Health by
				  R084-19A,
				  eff. 8/26/2020
NRS 459.485,
				  459.490
Nevada Administrative Code › Chapter 444 - Sanitation › DISPOSAL OF HAZARDOUS WASTE › General Provisions › Section 444.8618 - Information concerning and application for EPA identification number

Current through June 11, 2024
A generator, transporter or facility owner or operator who is
				  required to obtain an EPA identification number pursuant to
				  40
				  C.F.R. §§
										262.12,
				  263.11,
				  264.1(j)(1),
				  264.11 or
				  265. 11, as adopted by reference in NAC
				  444.8632, may obtain information
				  relating to the procedure to obtain the identification number and an
				  application by:
1. Submitting a
				request in writing to the Division of Environmental Protection, 901 South
				Stewart Street, Suite 4001, Carson City, Nevada 89701-5249;
2. Telephone at (775) 687-9461; or
3. Visiting the Internet website
https://ndep.nv.gov/land/waste/hazardous-waste-management/epa-id-number-information
.
Added to NAC by
				  Environmental Comm'n by R019-00, eff. 5-26-2000; A by R126-03, 4-13-2004;
				  R175-05, 5-4-2006; A by
				  R091-16A,
				  eff. 11/2/2016; A by
				  R084-19A,
				  eff. 8/26/2020
NRS 459.485,
				  459.490
Nevada Administrative Code › Chapter 444 - Sanitation › DISPOSAL OF HAZARDOUS WASTE › Standards of Practice › Section 444.8632 - Compliance with federal regulations adopted by reference

Current through June 11, 2024
1. In addition to the requirements of NAC
				444.850 to
				444.8746, inclusive, a person who
				generates, transports, treats, stores, disposes or otherwise manages hazardous
				waste or used oil shall comply with all applicable requirements of, and may
				rely upon applicable exclusions or exemptions under, 40 C.F.R. Part 2, Subpart
				A, Part 124, Subparts A, B and G, Parts 260 to 270, inclusive, Part 273 and
				Part 279, as those provisions existed on July 1, 2018, which, except as
				otherwise modified by NAC
				444.86325,
				444.8633 and
				444.8634, are hereby adopted by
				reference. The Commission may use federal statutes and regulations that are
				cited in 40 C.F.R. Part 2, Subpart A, Part 124, Subparts A, B and G, Parts 260
				to 270, inclusive, Part 273 and Part 279 to interpret those sections and
				parts.
2. The volumes containing
				those parts may be obtained by mail from the Superintendent of Documents, U.S.
				Government Publishing Office, P.O. Box 979050, St. Louis, Missouri 63197-9000,
				or by toll-free telephone at (866) 512-1800, for the following prices:
(a) Volume 40 C.F.R. Parts 1 to 49, inclusive
								.......................................
................................ $66
(b) Volume 40 C.F.R. Parts 100 to 135, inclusive
								................................
.................................. 51
(c) Volume 40 C.F.R. Parts 260 to 265, inclusive
								.................................
.................................. 56
(d) Volume 40 C.F.R. Parts 266 to 299, inclusive
								................................
.................................. 56
Added to NAC by
				  Environmental Comm'n, eff. 7-22-87; A 3-7-90; 9-19-90; 1-2-92; 5-27-92;
				  10-29-93; 3-1-94; 9-15-94; 11-9-95; R202-97, 3-5-98; R124-98, 11-2-98; R170-99,
				  1-26-2000; R037-01, 10-25-2001; R104-02, 10-18-2002; 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; A by
				  R084-19A,
				  eff. 8/26/2020
NRS 459.485,
				  459.490
Nevada Administrative Code › Chapter 444 - Sanitation › DISPOSAL OF HAZARDOUS WASTE › Standards of Practice › Section 444.86325 - Exceptions to and revision of federal regulations adopted by reference

Current through June 11, 2024
1. The following sections and parts of Title
				40 of the Code of Federal Regulations, and any reference to those sections and
				parts, are not adopted by reference:
(a)
				Section 2.101(a)(1) -(4);
(b)
				Sections 124.1(b) -(e), 124.4, 124.5(e), 124.9, 124.10(a)(1)(iv), 124.15(b)(2),
				124.16, 124.17(b), 124.18, 124.19 and 124.21;
(c) Sections 260.1(b)(4) -(6) and 260.20,
				260.21, 260.22 and 260.42;
(d)
				Sections 261.4(a)(23), 261.4(a)(24), 261.4(a)(27), 261.4(b)(4), 261.4(h),
				261.400(a) -(b), 261.410(e) -(f), 261.411, 261.420, 261.1035(b)(1) and
				261.1064(b)(2);
(e) Section
				262.10(l), 262.13(f)(1)(iii) and Part 262, Subpart K;
(f) Sections 264.1(d), 264.1(f),
				264.15(b)(5), 264.149, 264.150, 264.301(l), 264.1050(h), 265.1(c)(4), 265.149,
				265.150, 265.430 and 265.1050(g);
(g) Section 266.111;
(h) Section 267.150;
(i) Sections 268.5 and 268.6, Part 268,
				Subpart B, and sections 268.42(b) and 268.44;
(j) Sections 270.1(c)(1)(i), 270.60(b) and
				270.64;
(k) Part 278; and
(l) Sections 279.10(b)(2), 279.10(b)(3),
				279.10(c), 279.10(d)(1), 279.42(b)(2), 279.51(b)(2), 279.62(b)(2) and
				279.73(b)(2).
Nevada Administrative Code › Chapter 444 - Sanitation › DISPOSAL OF HAZARDOUS WASTE › Standards of Practice › Section 444.8633 - Revision of certain terms referred to in federal regulations adopted by reference

Current through June 11, 2024
Except as otherwise provided in NAC
				  444.8634:
1. Any references in any part of Title 40 of
				the Code of Federal Regulations to the U.S. Environmental Protection Agency,
				"United States Environmental Protection Agency," "Agency," "EPA Headquarters,"
				"EPA Region(s)" or "EPA" which have been adopted by reference in NAC
				444.8632 shall be deemed to mean
				the "Department" with the following exceptions:
(a) Any reference to "EPA" identification
				numbers;
(b) Any reference to "EPA"
				hazardous waste numbers;
(c) Any
				reference to "EPA" test methods;
(d) Any reference to "EPA" forms;
(e) Any reference to "EPA" publications or
				manuals;
(f) Any reference to "EPA"
				guidance;
(g) Any reference to
				"EPA" Acknowledgment of Consent;
(h) Any reference to "EPA" or "Agency" in:
(1) Sections 124.1(f), 124.2(b), 124.6(e) and
				124.10(c)(1)(ii);
(2) The
				provisions of section 124.2(a) defining "Administrator," "Director," "EPA,"
				"permit," "person" and "Regional Administrator";
(3) The provisions of section 260.10 defining
				"Administrator," "EPA Region," "federal agency," "person" and "Regional
				Administrator";
(4) Sections
				260.4(a)(4), 260.5(b)(2), 260.11 and Part 260, Appendix I;
(5) Sections 261.39(a)(5), 261.41 and Part
				261, Appendix IX;
(6) Section
				262.32(b) and Part 262, Subpart H;
(7) The Note following section
				263.10(a);
(8) Sections 264.11,
				264.12(a) and 264.71;
(9) Sections
				265.11, 265.12(a) and 265.71;
(10)
				Sections 268.1(e)(3) and 268.2(j);
(11) Sections 270.1(a)(1), 270.1(b), 270.3,
				270.5, 270.10(e)(1) -(2), 270.11(a)(3), 270.32(a), 270.32(c), 270.51,
				270.72(a)(5) and 270.72(b)(5);
(12)
				The provisions of section 270.2 defining "Administrator," "approved program or
				approved State," "Director," "Environmental Protection Agency," "EPA," "final
				authorization," "permit," "person," "Regional Administrator" and "state/EPA
				agreement"; and
(13) Section
				279.82(b);
(i) Any
				reference to "EPA," "Agency" or "EPA Director of the Office of Solid Waste" in
				sections 262.21 and 262.24(a)(3) and any subsequent reference to EPA's
				oversight of the manifest registry process in Part 262, Subparts C and H,
				sections 264.71(j), 265.71(j), Part 264, Subpart FF and Part 265, Subpart FF;
				and
(j) Any reference to "EPA,"
				"federal requirements" or internal reference to section 262.25 in any of the
				provisions addressing the federal requirements for electronic manifest
				signatures in Title 40 of the Code of Federal Regulations.
Nevada Administrative Code › Chapter 444 - Sanitation › DISPOSAL OF HAZARDOUS WASTE › Standards of Practice › Section 444.8634 - Meanings ascribed to certain terms referred to in federal regulations; payment and deposit of certain fees

Current through June 11, 2024
1. Any reference to
				the following terms in 40 C.F.R. Part 2, Subpart A, as adopted by reference in
				NAC 444.8632, shall be deemed to have
				the meanings ascribed thereto in this section:
(a) "District court of the United States" or
				"Federal district court" shall be deemed to mean "district court in
				Nevada";
(b) "Federal agency" shall
				be deemed to mean "state agency";
(c) Except in section 2.105(a), Freedom of
				Information Act, "FOIA," the "Act" or "
				5
				U.S.C. 552 " shall be deemed to mean
				"NRS
				459.555 and any regulations adopted pursuant
				thereto";
(d) "Freedom of
				information officer" shall be deemed to mean the "Administrator of the Division
				or his or her designee";
(e)
				"General counsel" shall be deemed to mean the "Attorney General of
				Nevada";
(f) Except in
				40
				C.F.R. §
											261.4(b)(11)(ii), any
				addresses shall be deemed to mean the "Division of Environmental Protection,
				901 South Stewart Street, Suite 4001, Carson City, Nevada
				89701-5249";
(g) Any references to
				the employment rankings of "GS-8" or "GS-9" shall be deemed to mean,
				respectively, "grade 31" and "grade 32" of the Nevada Personnel System
				established pursuant to
				NRS
				284.170, and any reference to a fee for the
				cost of staff time shall be deemed to mean, respectively, $15 and $22.50 per
				half hour;
(h) Any references to
				duplication or reproduction charges of "$0.15 per page" shall be deemed to mean
				"10 cents per page"; and
(i) Any
				reference to an officer except the general counsel shall be deemed to mean the
				"Administrator of the Division."
Nevada Administrative Code › Chapter 444 - Sanitation › DISPOSAL OF HAZARDOUS WASTE › Standards of Practice › Section 444.8655 - Acquisition, preparation and distribution of manifests

Current through June 11, 2024
1. Except as otherwise provided in 40 C.F.R.
				Part 262, Subpart B, as adopted by reference in NAC
				444.8632, the generator shall
				include in the manifest the hazardous waste number assigned by the United
				States Environmental Protection Agency, if appropriate.
2. The manifest must consist of at least the
				number of copies which will provide:
(a) The
				generator, each transporter and the operator of the designated facility, one
				copy each; and
(b) Another copy to
				be returned to the generator upon completion of the shipment.
Nevada Administrative Code › Chapter 444 - Sanitation › DISPOSAL OF HAZARDOUS WASTE › Standards of Practice › Section 444.8666 - Receipt of hazardous waste accompanied by manifest

Current through June 11, 2024
If a facility receives hazardous waste accompanied by a
				  manifest, the owner or operator, or his or her agent, shall comply with the
				  requirements for manifests set forth in 40 C.F.R. Part 264, Subpart E or 40
				  C.F.R. Part 265, Subpart E, as adopted by reference in NAC
				  444.8632.
Added to NAC by
				  Environmental Comm'n, eff. 11-22-82; A 9-19-90-Substituted in revision for NAC
				  444.8960; A by
				  R091-16A,
				  eff. 11/2/2016; A by
				  R084-19A,
				  eff. 8/26/2020
NRS 459.485,
				  459.490
Nevada Administrative Code › Chapter 444 - Sanitation › DISPOSAL OF HAZARDOUS WASTE › Standards of Practice › Section 444.8671 - Labeling of containers of hazardous waste accumulated or stored on-site

Current through June 11, 2024
A generator who accumulates or stores hazardous waste on-site
				  shall, in addition to complying with the requirements for labeling set forth in
				  40 C.F.R. Part 262, as adopted by reference in NAC
				  444.8632, include on the label of
				  each container of hazardous waste, excluding those containers described in
				  40
				  C.F.R. §
										262.15(a), as
				  adopted by reference in NAC 444.8632, the hazardous waste number assigned by
				  the United States Environmental Protection Agency.
Added to NAC by
				  Environmental Comm'n, eff. 5-27-92; A by R202-97, 3-5-98; A by
				  R091-16A,
				  eff. 11/2/2016; A by
				  R084-19A,
				  eff. 8/26/2020
NRS 459.485,
				  459.490
Nevada Administrative Code › Chapter 444 - Sanitation › DISPOSAL OF HAZARDOUS WASTE › Standards of Practice › Section 444.8677 - Written record of inspections by certain generators of hazardous waste

Current through June 11, 2024
A generator who generates more than 100 kilograms of
				  hazardous waste in a calendar month and accumulates hazardous waste on-site
				  shall, in addition to complying with the requirements for accumulation set
				  forth in
				  40
				  C.F.R. §§
										262.15,
				  262.16
				  and
				  262.17,
				  as adopted by reference in NAC
				  444.8632, maintain a written
				  record of inspections conducted of containers and tanks. Those records must be
				  kept on-site for not less than 3 years and must include:
1. The date and time of an
				inspection;
2. The name of the
				inspector;
3. A notation of the
				inspector's observations; and
4.
				The date and nature of any repairs made or other remedial action
				taken.
Added to NAC by
				  Environmental Comm'n, eff. 10-29-93; A by
				  R091-16A,
				  eff. 11/2/2016; A by
				  R084-19A,
				  eff. 8/26/2020
NRS 459.485,
				  459.490,
				  459.550
Nevada Administrative Code › Chapter 444 - Sanitation › DISPOSAL OF HAZARDOUS WASTE › Standards of Practice › Section 444.8681 - Mixing of used oil with hazardous waste or products prohibited; exceptions; recordkeeping requirements

Current through June 11, 2024
1. The mixing of
				used oil with hazardous wastes is prohibited except for the following:
(a) Mixtures of used oil and a hazardous
				waste which is hazardous solely because it exhibits the characteristic of
				ignitability specified in
				40 C.F.R. §
											261.21, as adopted by reference in NAC
				444.8632, and is not listed in
				Subpart D of 40 C.F.R. Part 261, as adopted by reference in NAC
				444.8632, by a very small
				quantity generator who generates and mixes less than 5 gallons of such waste
				per calendar month with its used oil, if the resulting mixture does not exhibit
				the characteristic of ignitability specified in
				40 C.F.R. §
											261.21.
(b) Mixtures of used oil and waste gasoline,
				if the resulting mixture does not exhibit any of the characteristics of
				hazardous waste specified in Subpart C of 40 C.F.R. Part 261, as adopted by
				reference in NAC
				444.8632.
(c) Mixtures of used oil and waste diesel
				fuel. If such mixtures will be used for mining activities relating to
				extraction, express written approval must be granted by the Division before
				such use.
Nevada Administrative Code › Chapter 444 - Sanitation › DISPOSAL OF HAZARDOUS WASTE › Standards of Practice › Section 444.8682 - Requirements for managing and disposing of mixtures of used oil and hazardous wastes or other products

Current through June 11, 2024
1. Mixtures of used
				oil with hazardous wastes that are exempted pursuant to subsection 1 of NAC
				444.8681 that are being recycled
				or burned for the recovery of energy must be managed in accordance with the
				requirements of 40 C.F.R. Part 279 , as adopted by reference in NAC
				444.8632. If such mixtures are to
				be disposed of, they must be managed in accordance with the requirements of 40
				C.F.R. Part 262 , as adopted by reference in NAC
				444.8632.
2. Mixtures of used oil and hazardous wastes
				that are not exempted pursuant to subsection 1 of NAC
				444.8681 must be managed as a
				hazardous waste in accordance with the requirements of Subtitle C of the
				Resource Conservation and Recovery Act and NAC
				444.850 to
				444.8746, inclusive.
3. Except as otherwise provided in subsection
				4, mixtures of used oil and products that are exempted pursuant to subsection 2
				of NAC 444.8681 that are being reused or
				burned for the recovery of energy must be managed in accordance with the
				requirements of 40 C.F.R. Part 279 , as adopted by reference in NAC
				444.8632.
4. Mixtures of used oil and sorbent materials
				that are exempted pursuant to paragraph (c) of subsection 2 of NAC
				444.8681 may be managed in
				accordance with the requirements of NAC
				444.570 to
				444.7499, inclusive.
5. Mixtures of used oil and products that are
				not exempted pursuant to subsection 2 of NAC
				444.8681 must be managed as a
				hazardous waste in accordance with the requirements of Subtitle C of the
				Resource Conservation and Recovery Act and NAC
				444.850 to
				444.8746, inclusive, until a
				determination has been made pursuant to NAC
				444.8683 that the waste is not
				hazardous.
Added to NAC by
				  Environmental Comm'n, eff. 3-1-93; A by
				  R091-16A,
				  eff. 11/2/2016
NRS 459.485,
				  459.490
Nevada Administrative Code › Chapter 444 - Sanitation › DISPOSAL OF HAZARDOUS WASTE › Standards of Practice › Section 444.8683 - Regulation of mixtures of used oil with wastes determined not to be hazardous

Current through June 11, 2024
Mixtures of used oil with wastes that are determined not to
				  be hazardous are subject to regulation as used oil pursuant to 40 C.F.R. Part
				  279 , as adopted by reference in NAC
				  444.8632. Documentation of the
				  determination that the waste was not hazardous must be maintained on-site and
				  available for inspection while the waste is being generated and for a minimum
				  of 3 years.
Added to NAC by
				  Environmental Comm'n, eff. 3-1-93; A by
				  R091-16A,
				  eff. 11/2/2016
NRS 459.485,
				  459.490
Nevada Administrative Code › Chapter 444 - Sanitation › DISPOSAL OF HAZARDOUS WASTE › Standards of Practice › Section 444.8686 - Open burning of hazardous waste

Current through June 11, 2024
An operator shall not openly burn hazardous waste except for
				  the open burning and detonation of waste explosives. For the purposes of this
				  section, waste explosives include waste which has the potential to detonate and
				  any bulk military propellants which cannot safely be disposed of through other
				  treatment. For the purposes of this section, detonation is an explosion in
				  which chemical transformation passes through the material faster than the speed
				  of sound. An operator who openly burns hazardous waste or detonates waste
				  explosives shall do so in accordance with 40 C.F.R. Part 264, Subpart X , as
				  adopted by reference in NAC
				  444.8632, and the following table
				  and in a manner that does not threaten human health or the environment.
Pounds of Waste Explosives or Propellants
Minimum Distance From Open Burning or Detonation to
								the Property of Others
0 to 100 .................................
................................. 204 meters
101 to 1,000
								.................................
................................. 380 meters
1,001 to 10,000
								.................................
................................. 530 meters
10,001 to 30,000
								.................................
................................. 690 meters
Added to NAC by
				  Environmental Comm'n, eff. 11-22-82; A 9-19-90-Substituted in revision for NAC
				  444.9290; A by
				  R091-16A,
				  eff. 11/2/2016
NRS 459.485,
				  459.490
Nevada Administrative Code › Chapter 444 - Sanitation › DISPOSAL OF HAZARDOUS WASTE › Standards of Practice › Section 444.8688 - Transfer of hazardous waste from transport vehicle to boiler or industrial furnace

Current through June 11, 2024
1. A person shall
				not transfer hazardous waste from a transport vehicle directly to a boiler or
				industrial furnace without the use of a storage unit.
2. An owner or operator of a boiler or
				industrial furnace may transfer hazardous waste from a transport vehicle to the
				boiler or furnace using a storage unit if he or she first obtains a permit for
				the storage of hazardous waste in the manner prescribed by 40 C.F.R. Part 270,
				as adopted by reference in NAC
				444.8632.
Added to NAC by
				  Environmental Comm'n, eff. 1-2-92; 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 › DISPOSAL OF HAZARDOUS WASTE › Variances › Section 444.8693

Current through June 11, 2024
Added to NAC by
				  Environmental Comm'n, eff. 5-27-92; A by R126-03, 4-13-2004; R by
				  R084-19A,
				  eff. 8/26/2020
NRS 459.485,
				  459.490
Nevada Administrative Code › Chapter 444 - Sanitation › DISPOSAL OF HAZARDOUS WASTE › Variances › Section 444.8696

Current through June 11, 2024
Added to NAC by
				  Environmental Comm'n, eff. 5-27-92; R by
				  R084-19A,
				  eff. 8/26/2020
NRS 459.485,
				  459.490
Nevada Administrative Code › Chapter 444 - Sanitation › DISPOSAL OF HAZARDOUS WASTE › Administrative Penalties › Section 444.8701 - Definitions

Current through June 11, 2024
As used in NAC 444.8701 to 444.8746, inclusive:
1. "Administrator" means the Administrator of
				the Division.
2. "Hearing officer"
				means the Administrator or any person designated by him or her to conduct a
				hearing relating to a citation issued pursuant to NAC 444.8711.
Added to NAC by
				  Environmental Comm'n, 9-19-90, eff. 12-1-90
NRS 459.485,
					 459.500