Nevada Revised Statutes
Chapter 445C - Environmental Requirements; Cleanup of Discharged Petroleum
NRS 445C.360 - Report of discharge from tank required; cleanup of discharge; demonstration required for certain coverage for cleanup.


1. The operator of every storage tank, and every person who for compensation puts petroleum into a storage tank, shall report to the Division every discharge from that storage tank of which the operator or other person is aware or has reason to believe has occurred. The Division shall undertake or contract for cleaning up the discharge unless the operator or another person is already acting properly to clean it up. If the Division cleans up the discharge, the operator shall reimburse the Division for the operator’s share of the costs. If, in cleaning up the discharge, the Division expends money from the Fund in accordance with NRS 445C.320, the Division shall, upon being reimbursed by the operator of the storage tank pursuant to this subsection, deposit that money in the Fund.
2. Before a storage tank is eligible for the coverage provided by NRS 445C.380, each operator who is required pursuant to subsection 1 of NRS 445C.340 or who chooses to register a storage tank must, unless the storage tank has been tested for tightness under the federal standards embodied in 40 C.F.R. §§ 280.43(c) and 280.44(b) within the previous 6 months, demonstrate that:
(a) The storage tank is being monitored for a discharge; and
(b) A discharge has not occurred.
(Added to NRS by 2015, 3605; A 2021, 1864)

Structure Nevada Revised Statutes

Nevada Revised Statutes

Chapter 445C - Environmental Requirements; Cleanup of Discharged Petroleum

NRS 445C.010 - Definitions.

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.070 - 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.

NRS 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 liab...

NRS 445C.090 - Rebuttal of presumption that regulated person is not liable for administrative or civil penalty for violation.

NRS 445C.100 - Administrative or civil proceedings for violation: Burdens of proof.

NRS 445C.110 - Environmental audit: Privileged; exceptions.

NRS 445C.120 - Regulations; court or administrative hearing officer not to consider failure to conduct environmental audit in determining liability for violation.

NRS 445C.150 - Definitions.

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

NRS 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 comply...

NRS 445C.320 - Fund for Cleaning Up Discharges of Petroleum: Expenditures for certain discharges; limitations; reimbursement.

NRS 445C.330 - Collection of fee for certain fuels and heating oil; exempt products; payment of expenses of Department.

NRS 445C.340 - Registration of storage tanks: Collection of annual fee; exempt tanks; reimbursement and other liability for noncompliance.

NRS 445C.350 - Transfer of portion of ending balance in Fund to certain accounts.

NRS 445C.360 - Report of discharge from tank required; cleanup of discharge; demonstration required for certain coverage for cleanup.

NRS 445C.370 - Allocation of costs resulting from discharge from certain storage tanks for heating oil.

NRS 445C.380 - Allocation of costs resulting from discharge from other storage tanks; additional allotments from Fund; requirement to hold public hearings under certain circumstances.

NRS 445C.390 - Liability for costs to clean up discharge caused by willful or wanton misconduct, gross negligence or violation of statute or regulation.

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.