In an administrative or civil proceeding for a violation of an environmental requirement:
1. A regulated person who claims to have made a voluntary examination and disclosure pursuant to an audit agreement has the burden of establishing prima facie that the disclosure met the requirements of subsection 1 of NRS 445C.080.
2. A regulatory agency has the burden of rebutting the presumption against liability by a preponderance of the evidence.
(Added to NRS by 1997, 1077)
Structure Nevada Revised Statutes
Chapter 445C - Environmental Requirements; Cleanup of Discharged Petroleum
NRS 445C.020 - "Environmental audit" defined.
NRS 445C.030 - "Environmental requirement" defined.
NRS 445C.040 - "Regulated facility" defined.
NRS 445C.050 - "Regulated person" defined.
NRS 445C.060 - "Regulatory agency" defined.
NRS 445C.100 - Administrative or civil proceedings for violation: Burdens of proof.
NRS 445C.110 - Environmental audit: Privileged; exceptions.
NRS 445C.160 - "Board" defined.
NRS 445C.170 - "Department" defined.
NRS 445C.180 - "Diesel fuel of grade number 1" defined.
NRS 445C.190 - "Diesel fuel of grade number 2" defined.
NRS 445C.200 - "Discharge" defined.
NRS 445C.210 - "Division" defined.
NRS 445C.220 - "Fund" defined.
NRS 445C.230 - "Heating oil" defined.
NRS 445C.240 - "Motor vehicle fuel" defined.
NRS 445C.250 - "Operator" defined.
NRS 445C.260 - "Person" defined.
NRS 445C.270 - "Petroleum" defined.
NRS 445C.280 - "Storage tank" defined.
NRS 445C.290 - Legislative findings.
NRS 445C.350 - Transfer of portion of ending balance in Fund to certain accounts.
NRS 445C.400 - Pro rata reduction if balance of Fund insufficient for full payment.
NRS 445C.410 - Storage tanks exempted from certain provisions; optional coverage of exempted tank.