Nevada Revised Statutes
Chapter 445C - Environmental Requirements; Cleanup of Discharged Petroleum
NRS 445C.390 - Liability for costs to clean up discharge caused by willful or wanton misconduct, gross negligence or violation of statute or regulation.


1. Any person who, through willful or wanton misconduct, through gross negligence or through violation of any applicable statute or regulation, including specifically any state or federal standard pertaining to the preparation or maintenance of sites for storage tanks, proximately causes a discharge is liable to the Division for any cost in cleaning up the discharge or paying for it to be cleaned up.
2. If a discharge occurs, the site of the storage tank and any other premises affected by the discharge must be brought into compliance with any applicable standard as described in subsection 1.
(Added to NRS by 2015, 3606; A 2021, 1867)

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.