PocketLaw | Nevada Revised Statutes | Environmental Requirements;

Mitigating factors considered by court in determining criminal penalty for violation; written agreement regarding environmental audit may be modified; authority of regulatory agency not limited by mitigation of criminal penalty.

Section
445C.080

Presumption that regulated person is not liable for administrative or civil penalty for violation; written agreement concerning environmental audit may be modified; authority of regulatory agency not limited by presumption against liability.

Section
445C.090

Rebuttal of presumption that regulated person is not liable for administrative or civil penalty for violation.

Section
445C.100

Administrative or civil proceedings for violation: Burdens of proof.

Section
445C.110

Environmental audit: Privileged; exceptions.

Section
445C.120

Regulations; court or administrative hearing officer not to consider failure to conduct environmental audit in determining liability for violation.

Section
445C.150

Board to Review Claims: Creation; members; Chair; administrative assistance; compensation of members.

Section
445C.310

Fund for Cleaning Up Discharges of Petroleum: Creation; administration by Division; adoption of regulations by Board; claims; grant program to assist in defraying cost of preventing discharges; program of assistance to assist in complying with laws relating to storage tanks; expenses and interest; resolutions adopted by Board concerning Fund.

Section
445C.320

Fund for Cleaning Up Discharges of Petroleum: Expenditures for certain discharges; limitations; reimbursement.

Section
445C.330

Collection of fee for certain fuels and heating oil; exempt products; payment of expenses of Department.

Section
445C.340

Registration of storage tanks: Collection of annual fee; exempt tanks; reimbursement and other liability for noncompliance.

Section
445C.350

Transfer of portion of ending balance in Fund to account created in NRS 408.242.

Section
445C.360

Report of discharge from tank required; cleanup of discharge; test of tank required for certain coverage for cleanup.

Section
445C.370

Allocation of costs resulting from discharge from certain storage tanks for heating oil.

Section
445C.380

Allocation of costs resulting from discharge from other storage tanks; requirement to hold public hearings under certain circumstances.

Section
445C.390

Liability for costs to clean up discharge caused by willful or wanton misconduct, gross negligence or violation of statute or regulation.

Section
445C.400

Pro rata reduction if balance of Fund insufficient for full payment.

Section
445C.410

Environmental Requirements; Cleanup of Discharged Petroleum

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Definitions.

"Environmental audit" defined.

"Environmental requirement" defined.

"Regulated facility" defined.

"Regulated person" defined.

"Regulatory agency" defined.

Mitigating factors considered by court in determining criminal penalty for violation; written agreement regarding environmental audit may be modified; authority of regulatory agency not limited by mitigation of criminal penalty.

Presumption that regulated person is not liable for administrative or civil penalty for violation; written agreement concerning environmental audit may be modified; authority of regulatory agency not limited by presumption against liability.

Rebuttal of presumption that regulated person is not liable for administrative or civil penalty for violation.

Administrative or civil proceedings for violation: Burdens of proof.

Environmental audit: Privileged; exceptions.

Regulations; court or administrative hearing officer not to consider failure to conduct environmental audit in determining liability for violation.

Definitions.

"Board" defined.

"Department" defined.

"Diesel fuel of grade number 1" defined.

"Diesel fuel of grade number 2" defined.

"Discharge" defined.

"Division" defined.

"Fund" defined.

"Heating oil" defined.

"Motor vehicle fuel" defined.

"Operator" defined.

"Person" defined.

"Petroleum" defined.

"Storage tank" defined.

Legislative findings.

Board to Review Claims: Creation; members; Chair; administrative assistance; compensation of members.

Fund for Cleaning Up Discharges of Petroleum: Expenditures for certain discharges; limitations; reimbursement.

Collection of fee for certain fuels and heating oil; exempt products; payment of expenses of Department.

Registration of storage tanks: Collection of annual fee; exempt tanks; reimbursement and other liability for noncompliance.

Transfer of portion of ending balance in Fund to account created in NRS 408.242.

Report of discharge from tank required; cleanup of discharge; test of tank required for certain coverage for cleanup.

Allocation of costs resulting from discharge from certain storage tanks for heating oil.

Allocation of costs resulting from discharge from other storage tanks; requirement to hold public hearings under certain circumstances.

Liability for costs to clean up discharge caused by willful or wanton misconduct, gross negligence or violation of statute or regulation.

Pro rata reduction if balance of Fund insufficient for full payment.

Tanks exempted from certain provisions; optional coverage of exempted tank.