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Nevada Revised Statutes
Hazardous Materials
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Section
459.001
Enactment; text.
Section
459.002
Appointment of member of Board by Governor.
Section
459.003
Alternate member: Designation; powers and duties.
Section
459.004
Bylaws, rules and regulations filed with Secretary of State.
Section
459.005
Applicability of Nevada Industrial Insurance Act to persons dispatched to another state.
Section
459.007
Enactment; text.
Section
459.008
Appointment of member of Board by Governor; designation of alternate member.
Section
459.009
Definitions.
Section
459.0083
State surcharge: Imposition; collection; distribution; deposit for credit to Fund for Care of Sites for Disposal of Radioactive Waste.
Section
459.0085
Creation; membership; powers and duties; compensation and expenses of members.
Section
459.0091
Commission on Nuclear Projects: Creation; membership; terms and salary of members.
Section
459.0092
Commission on Nuclear Projects: Duties.
Section
459.0093
Agency for Nuclear Projects: Creation; composition; appointment and qualifications of Executive Director.
Section
459.0094
Executive Director of Agency for Nuclear Projects: Duties.
Section
459.0095
Executive Director of Agency for Nuclear Projects: Powers.
Section
459.0096
Executive Director and Administrators: Administration of laws relating to Division; classification; certain other employment prohibited.
Section
459.0097
Duties of Administrator of Division of Technical Programs.
Section
459.0098
Duties of Administrator of Division of Planning.
Section
459.010
Definitions.
Section
459.020
State agency for control of radiation.
Section
459.030
Duties of state agency for control of radiation.
Section
459.035
Applicant for registration of radiation machine to attest to knowledge of and compliance with certain guidelines concerning safe and appropriate injection practices. [Effective through December 31, 2019.]
Section
459.035
Applicant for registration of radiation machine to attest to proper licensure of employees. [Effective January 1, 2020.]
Section
459.050
Inspections; confidentiality of report of inspection.
Section
459.060
Records.
Section
459.070
Report of exposure of personnel; regulations.
Section
459.080
Agreements between State and Federal Government.
Section
459.090
Agreements concerning inspection; program for training.
Section
459.100
Hearings; written decisions.
Section
459.105
Disciplinary action by hearing officer or panel: Procedural requirements; powers and duties of officer or panel; judicial review.
Section
459.120
Issuance of emergency regulation or order by Division.
Section
459.125
Department of Transportation to develop plan for routing shipments of controlled quantities of radioactive materials and high-level radioactive waste; cooperation with Federal Government, regional organizations and other states; regulations.
Section
459.201
Licensing and registration of sources of ionizing radiation.
Section
459.211
Fees for operation or use of areas for storage and disposal owned by State; fee for revenue.
Section
459.221
License to use area for disposal required; violations concerning shipping; penalties; suspension, revocation or reinstatement of license.
Section
459.231
Fund for Care of Sites for Disposal of Radioactive Waste: Creation; administration; deposits; investment; interest; income.
Section
459.235
Deposit of penal fines; delegation of authority to take disciplinary action; deposit of fines imposed by State Board of Health; claims for attorney’s fees and costs of investigation.
Section
459.250
Enforcement of certain provisions by peace officers of Nevada Highway Patrol; impounding or detaining of vehicles. [Effective until the earlier of July 1, 2020, or the date on which the Director of the Department of Motor Vehicles notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the provisions of chapter 180, Statutes of Nevada 2017, at page 987.]
Section
459.250
Enforcement of certain provisions by peace officers of Nevada Highway Patrol; impounding or detaining of vehicles. [Effective on the earlier of July 1, 2020, or the date on which the Director of the Department of Motor Vehicles notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the provisions of chapter 180, Statutes of Nevada 2017, at page 987.]
Section
459.260
Impounding of sources of ionizing radiation by Division. [Effective through December 31, 2019.]
Section
459.260
Suspension, revocation or amending of license or registration; impounding of sources of ionizing radiation by Division. [Effective January 1, 2020.]
Section
459.270
Injunctive and other relief.
Section
459.280
Removal of radioactive waste, machinery or equipment by employee from area for disposal prohibited; penalties.
Section
459.290
Penalties.
Section
459.300
Legislative findings.
Section
459.310
Fees for regulating operations concerning uranium and care and maintenance of radioactive tailings and residues; posting of security; Fund for Licensing Uranium Mills; Fund for Care of Uranium Tailings.
Section
459.320
Prerequisites to issuance of license.
Section
459.330
Terms and conditions to be contained in license.
Section
459.340
Title to site for disposal and by-products to be transferred to United States or this State before termination of production.
Section
459.350
Person exempt from licensing may be required to observe or perform remedial work.
Section
459.360
Standards of management of by-products.
Section
459.370
Construction of facility or disposal of by-products without license unlawful.
Section
459.380
Legislative declaration.
Section
459.382
Reports of regulatory agencies; review of requirements of regulatory agencies; final authority of Division of Environmental Protection.
Section
459.387
Entry into facility to verify compliance with statutory requirements and regulations; issuance of order.
Section
459.400
Purpose.
Section
459.405
Definitions.
Section
459.410
"Commission" defined.
Section
459.415
"Department" defined.
Section
459.420
"Director" defined.
Section
459.425
"Disposal" defined.
Section
459.428
"Hazardous material" defined.
Section
459.429
"Hazardous substance" defined.
Section
459.430
"Hazardous waste" defined.
Section
459.432
"Household waste" defined.
Section
459.435
"Management of hazardous waste" defined.
Section
459.440
"Manifest" defined.
Section
459.445
"Person" defined.
Section
459.448
"Regulated substance" defined.
Section
459.450
"Storage" defined.
Section
459.455
"Treatment" defined.
Section
459.460
Applicability and administration of NRS 459.400 to 459.600, inclusive.
Section
459.465
Types of waste subject to NRS 459.400 to 459.600, inclusive.
Section
459.470
Department designated as state agency for regulation of hazardous waste.
Section
459.475
Duties of Department.
Section
459.480
Delegation of responsibility for enforcement of NRS 459.400 to 459.600, inclusive.
Section
459.485
Duties of Commission.
Section
459.490
General requirements for regulations.
Section
459.500
Contents of regulations; enforcement of regulations relating to transportation and handling of hazardous waste.
Section
459.501
Certification of laboratory required for performance of analysis to detect presence of hazardous waste or regulated substance in soil or water for certain purposes; exception.
Section
459.502
Certification of laboratory required for performance of analysis for person who generates waste to determine whether waste is hazardous.
Section
459.505
Agreements to provide state land for areas for disposal of hazardous waste.
Section
459.510
Fees for use of areas for disposal owned by State: Amount; payment; waiver; collection of interest; penalties.
Section
459.512
Payment of additional fees by facility for management of hazardous waste for training emergency personnel and ensuring safety of shipment of hazardous materials; penalty for late payment.
Section
459.515
Construction, alteration or operation of facility without permit unlawful; exception.
Section
459.520
Regulations governing permits.
Section
459.525
Financial responsibility of owner or operator of facility; claim against insurer, guarantor, surety or other person providing evidence of financial responsibility.
Section
459.530
Account for Management of Hazardous Waste: Creation; source; separate accounting for certain fees collected.
Section
459.535
Account for Management of Hazardous Waste: Use.
Section
459.537
Account for Management of Hazardous Waste: Payment of costs of responding to leak, spill, accident or motor vehicle crash; reimbursement; action by Attorney General.
Section
459.540
Condition in permit specifying time allowed for completion of modification.
Section
459.545
Substitution of equivalent standards of protection.
Section
459.546
Variances: Conditions and criteria for granting; revocation.
Section
459.547
Variances: Renewal; protest and hearing on application for renewal.
Section
459.548
Variances: Regulations governing applications; fees.
Section
459.549
Variances: Granting and renewal discretionary.
Section
459.550
Records and reports.
Section
459.555
Disclosure of public and confidential information.
Section
459.558
Applicability of NRS 459.560 and 459.565.
Section
459.560
Inspections.
Section
459.565
Action to prevent practice or act which constitutes hazard to human health, public safety or environment.
Section
459.570
Order to prevent act or practice which violates NRS 459.400 to 459.560, inclusive.
Section
459.575
Subpoenas.
Section
459.580
Injunctive relief.
Section
459.585
Civil penalties; damages; injunction.
Section
459.590
Unlawful transportation of hazardous waste.
Section
459.595
False statement, representation or certification; tampering with device.
Section
459.600
Operation without permit or in violation of condition of permit or order; disposal or discharge of hazardous waste in unauthorized manner; penalty.
Section
459.610
Definitions.
Section
459.612
"Administrator" defined.
Section
459.614
"Commission" defined.
Section
459.616
"Division" defined.
Section
459.618
"Eligible property" defined.
Section
459.620
"Hazardous substance" defined.
Section
459.622
"Participant" defined.
Section
459.624
"Program" defined.
Section
459.626
"Prospective purchaser" defined.
Section
459.628
"Remedial agreement" defined.
Section
459.630
"Responsible party" defined.
Section
459.632
Certain real property deemed to be eligible property.
Section
459.634
Application for participation in program; action by Administrator on application.
Section
459.636
Submission of remedial agreement for approval; prerequisites to approval; explanation of disapproval.
Section
459.638
Certification of completion of remedial agreement; issuance, contents and recordation of certificate of completion; explanation of failure to issue certificate.
Section
459.640
Effect of certificate of completion: Relief from liability.
Section
459.642
Effect of certificate of completion: Limitations on relief from liability.
Section
459.644
Effect of certificate of completion: Applicability to persons other than original holder.
Section
459.646
Limitations on liability of lenders and persons with security interest in property.
Section
459.648
Limitations on liability of prospective purchasers.
Section
459.650
Action against responsible party by holder of certificate of completion or seller of property.
Section
459.652
Termination of participation in program.
Section
459.654
Review of decisions of Administrator.
Section
459.656
Adoption of regulations by Commission.
Section
459.658
Negotiation with Environmental Protection Agency regarding effect of certificate of completion.
Section
459.700
Definitions.
Section
459.701
"Commission" defined.
Section
459.702
"Division" defined.
Section
459.703
"Uniform application" defined.
Section
459.704
Coordination of fees, forms and regulations; duties of regulatory agencies.
Section
459.706
Motor carriers: Prerequisites to issuance of permit to transport radioactive waste; assessment for investigation, inspection or audit outside of State.
Section
459.708
Motor carriers: Rejection of and liability for certain packages of radioactive waste.
Section
459.709
Motor carriers: Prerequisites to transportation of high-level radioactive waste or spent nuclear fuel.
Section
459.712
Inspections, investigations and reproduction of records: Authority of Department; regulations.
Section
459.715
Repository for Information Concerning Hazardous Materials in Nevada.
Section
459.718
Notification of Division regarding certain accidents, motor vehicle crashes or incidents.
Section
459.721
Duties of Director: Regulations for participation in uniform program.
Section
459.725
Powers and duties of Director: Administration of provisions; regulations; agreements.
Section
459.727
Provisions inapplicable to transportation by governmental vehicle.
Section
459.728
Provisions supersede and preempt local regulation of transportation; exceptions.
Section
459.735
Contingency Account for Hazardous Materials.
Section
459.738
Creation of Commission; appointment and terms of members; appointment of Chair or Co-Chairs; employment of staff.
Section
459.740
Adoption of regulations; acceptance of gifts and grants of money and other revenues.
Section
459.742
Powers of Commission.
Section
459.744
Establishment and payment of fees.
Section
459.748
Definitions.
Section
459.750
Responsibility for cleaning and decontamination of area affected by spill, accident or motor vehicle crash.
Section
459.755
Use of Contingency Account for Hazardous Materials to pay for costs of cleaning and decontamination of area affected by spill, accident or motor vehicle crash.
Section
459.760
Reimbursement of expenses of responding state agency; reporting of need for additional funding; action by Attorney General.
Section
459.765
Deposit of reimbursement and penalty for credit to Contingency Account for Hazardous Materials.
Section
459.770
Recovery of costs incurred by responding county or city.
Section
459.773
Development and dissemination of reference guide regarding response to accidents, motor vehicle crashes and incidents.
Section
459.774
Civil penalties for certain violations.
Section
459.775
Unlawful acts: Misdemeanors.
Section
459.780
Unlawful acts: Gross misdemeanors.
Section
459.790
"Hazardous material" defined.
Section
459.792
Scope of immunity: State Emergency Response Commission; local emergency planning committees; persons providing equipment, advice or other assistance.
Section
459.794
Exclusions from immunity: Damages from gross negligence or misconduct; persons causing discharge; persons receiving compensation for assistance.
Section
459.796
Prerequisites for immunity: Persons providing equipment, advice or other assistance.
Section
459.800
Definitions.
Section
459.802
"Commission" defined.
Section
459.804
"Department" defined.
Section
459.806
"Director" defined.
Section
459.808
"Division" defined.
Section
459.810
"Operator" defined.
Section
459.812
"Owner" defined.
Section
459.814
"Person" defined.
Section
459.816
"Regulated substance" defined.
Section
459.818
"Release" defined.
Section
459.820
"Storage tank" defined.
Section
459.822
Department designated as state agency for regulation of storage tanks.
Section
459.824
Duties of Director.
Section
459.825
Coordination of fees, regulations and forms; duties of regulatory agencies.
Section
459.826
Regulations of Commission: General requirements.
Section
459.828
Owner or operator of storage tank to provide Department with certain information.
Section
459.830
Regulations of Commission: Standards of performance.
Section
459.832
Regulations of Commission: Closure, removal, disposal and management of storage tanks.
Section
459.834
Regulations of Commission regarding corrective action, evidence of financial responsibility; determination of whether corrective action is required.
Section
459.836
Permits to operate storage tanks: Regulations; terms and conditions; fee.
Section
459.838
Account for Management of Storage Tanks: Creation; sources; claims.
Section
459.840
Account for Management of Storage Tanks: Use; reimbursement; action by Attorney General.
Section
459.842
Enforcement by Department; delegation of responsibility.
Section
459.844
Subpoenas.
Section
459.846
Disclosure of information obtained by Department.
Section
459.848
Authority to enter and inspect.
Section
459.850
Action to alleviate hazard to human health, public safety or environment.
Section
459.852
Order for corrective action.
Section
459.854
Injunctive relief.
Section
459.856
Civil penalties; damages; injunction.
Section
459.860
Definitions.
Section
459.862
"Administrator" defined.
Section
459.864
"Brownfield project" defined.
Section
459.866
"Brownfield site" defined.
Section
459.868
"Brownfields Restoration Act" defined.
Section
459.870
"Commission" defined.
Section
459.872
"Division" defined.
Section
459.874
"Federal grant" defined.
Section
459.876
"Fund" defined.
Section
459.878
Creation; use of money; payment of claims; acceptance of gifts, appropriations, contributions, grants and bequests.
Section
459.880
Limitations on use of money.
Section
459.882
Limitations regarding expenditures from money from federal grant.
Section
459.884
Duties of Division.
Section
459.886
Powers of Division.
Section
459.888
Administrator may collect fee to defray costs of administering Fund.
Section
459.890
Administrator may employ persons necessary to carry out duties.
Section
459.892
Regulations.
Section
459.900
Submission to governmental agencies of information regarding manufacture, processing, use and disposal of toxic chemicals.
Section
459.910
Unlawful to store high-level radioactive waste in State.
Section
459.920
Prerequisites for operation or display of radar gun or similar device.
Section
459.930
Immunity from liability for certain persons for response actions and cleanup with respect to certain real property at which hazardous substance has been or may have been released.
Section
459.3802
Definitions.
Section
459.3806
"Division" defined.
Section
459.3809
"Process" defined.
Section
459.3813
Applicability of statutory provisions and regulations to certain facilities; exemptions.
Section
459.3814
Applicability of statutory provisions: Excluded activities.
Section
459.3816
Designation of highly hazardous substances and explosives: Regulations; amendment.
Section
459.3818
State Environmental Commission to adopt regulations; Division to administer and enforce statutory provisions and regulations; involvement of interested persons; applicability of statutory provisions to dealers of liquefied petroleum gas.
Section
459.3819
Inspections by state and local agencies of facilities where explosives are manufactured, used, processed, handled, moved on-site or stored.
Section
459.3822
Records, reports and other information of facility: Submission by owner or operator of facility; availability for public inspection; confidentiality of information protected as trade secret; regulations.
Section
459.3824
Annual fees; Account for Precaution Against Chemical Accidents.
Section
459.3829
Permits to construct or commence operation of new process: Requirements; application; regulations; fee.
Section
459.3832
Regulations concerning certification of records, reports and information submitted to Division; requirements for signature on certification.
Section
459.3833
Program to prevent and minimize consequences of accidental release of hazardous substance: Delegation of authority and grant of money from Federal Government; regulations.
Section
459.3834
Unlawful acts; penalties.
Section
459.3862
"Committee" defined.
Section
459.3864
Creation; appointment of members; appointment of chair and co-chair; resources.
Section
459.3866
Receipt of records and documents; subpoena; informal inquiries; confidentiality of trade secret or information; inspection of facility; Attorney General is counsel for committee; authorization to make recommendations to reviewing authority.
Section
459.3868
Duties.
Section
459.3872
Injunctive relief; levy of civil administrative penalty; notice of levy of penalty; request for hearing; payment of penalty.
Section
459.3874
Amount of civil administrative penalties; settlement of claim; imposition of civil penalty.
Section
459.7005
"Base state" defined.
Section
459.7016
"Department" defined.
Section
459.7018
"Director" defined.
Section
459.7022
"Extremely hazardous material" defined.
Section
459.7024
"Hazardous material" defined.
Section
459.7025
"Motor carrier" defined.
Section
459.7026
"Person" defined.
Section
459.7032
"Uniform program" defined.
Section
459.7052
Registration and permit required for transportation by motor carrier. [Effective until the earlier of July 1, 2020, or the date on which the Director of the Department of Motor Vehicles notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the provisions of chapter 180, Statutes of Nevada 2017, at page 987.]
Section
459.7052
Registration and permit required for transportation by motor carrier. [Effective on the earlier of July 1, 2020, or the date on which the Director of the Department of Motor Vehicles notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the provisions of chapter 180, Statutes of Nevada 2017, at page 987.]
Section
459.7054
Uniform application: Information required.
Section
459.7056
Uniform application: Confidentiality and disclosure of information provided.
Section
459.7058
Denial, suspension or revocation of registration and permit: Grounds; procedure.
Section
459.38075
"Facility" defined.
Section
459.38125
"Vessel" defined.
Section
459.38195
Investigation of certain accidents and motor vehicle crashes: Powers and duties of Division; duty of owner or operator of facility to cooperate.
Section
459.70255
"Participating state" defined.