Prerequisites for immunity: Persons providing equipment, advice or other assistance.

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A person is entitled to immunity under subsection 2 of NRS 459.792 only if:

1. In the case of one furnishing advice or assistance, the person is qualified by training, education or experience in the handling of hazardous materials and provides advice or assistance within the area of his or her qualifications; and

2. The person was requested to provide the equipment, advice or other assistance by:

(a) The person responsible for the discharge;

(b) The Division of Emergency Management of the Department of Public Safety;

(c) The Division of Industrial Relations of the Department of Business and Industry;

(d) The Division of Environmental Protection of the State Department of Conservation and Natural Resources;

(e) The Nevada Highway Patrol Division of the Department of Public Safety;

(f) The State Fire Marshal Division of the Department of Public Safety;

(g) The State Emergency Response Commission or a local emergency planning committee appointed by the Commission;

(h) A local fire department; or

(i) A local agency for law enforcement.

(Added to NRS by 1993, 823; A 1995, 545; 2001, 2627)


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