1. Except as otherwise provided in NRS 459.700 to 459.780, inclusive, or 459.800 to 459.856, inclusive:
(a) Regulations of the Commission must provide:
(1) For safety in the packaging, handling, transportation and disposal of hazardous waste;
(2) For the certification of consultants involved in consultation regarding the response to and the clean up of leaks of hazardous waste, hazardous material or a regulated substance from underground storage tanks, the clean up of spills of or accidents or motor vehicle crashes involving hazardous waste, hazardous material or a regulated substance, or the management of hazardous waste;
(3) That a person employed full-time by a business to act as such a consultant is exempt from the requirements of certification if the person:
(I) Meets the applicable requirements of 29 C.F.R. § 1910.120 to manage such waste, materials or substances; and
(II) Is acting in the course of that full-time employment; and
(4) For the certification of laboratories that perform analyses for the purposes of NRS 459.400 to 459.600, inclusive, 459.610 to 459.658, inclusive, and 459.800 to 459.856, inclusive, to identify whether waste is hazardous waste or to detect the presence of hazardous waste or a regulated substance in soil or water.
(b) Regulations of the Commission may:
(1) Provide for the licensing and other necessary regulation of generators, including shippers and brokers, who cause that waste to be transported into or through Nevada or for disposal in Nevada;
(2) Require that the person responsible for a spill, leak, accident or motor vehicle crash involving hazardous waste, hazardous material or a regulated substance, obtain advice on the proper handling of the spill, leak, accident or motor vehicle crash from a consultant certified under the regulations adopted pursuant to paragraph (a); and
(3) Establish standards relating to the education, experience, performance and financial responsibility required for the certification of consultants.
2. The regulations may include provisions for:
(a) Fees to pay the cost of inspection, certification and other regulation, excluding any activities conducted pursuant to NRS 459.7052 to 459.728, inclusive; and
(b) Administrative penalties of not more than $2,500 per violation or $10,000 per shipment for violations by persons licensed by the Department, and the criminal prosecution of violations of its regulations by persons who are not licensed by the Department.
3. Designated employees of the Department and the Nevada Highway Patrol Division shall enforce the regulations of the Commission relating to the transport and handling of hazardous waste and the leakage or spill of that waste from packages.
(Added to NRS by 1981, 882; A 1985, 1990; 1987, 1755; 1989, 1489; 1993, 847; 1997, 2002; 1999, 3349; 2001, 899; 2003, 2115; 2015, 1680)
Structure Nevada Revised Statutes
Chapter 459 - Hazardous Materials
NRS 459.001 - Enactment; text.
NRS 459.002 - Appointment of member of Board by Governor.
NRS 459.003 - Alternate member: Designation; powers and duties.
NRS 459.004 - Bylaws, rules and regulations filed with Secretary of State.
NRS 459.007 - Enactment; text.
NRS 459.008 - Appointment of member of Board by Governor; designation of alternate member.
NRS 459.0085 - Creation; membership; powers and duties; compensation and expenses of members.
NRS 459.0091 - Commission on Nuclear Projects: Creation; membership; terms and salary of members.
NRS 459.0092 - Commission on Nuclear Projects: Duties.
NRS 459.0094 - Executive Director of Agency for Nuclear Projects: Duties.
NRS 459.0095 - Executive Director of Agency for Nuclear Projects: Powers.
NRS 459.0097 - Duties of Administrator of Division of Technical Programs.
NRS 459.0098 - Duties of Administrator of Division of Planning.
NRS 459.020 - State agency for control of radiation.
NRS 459.030 - Duties of state agency for control of radiation.
NRS 459.050 - Inspections; confidentiality of report of inspection.
NRS 459.070 - Report of exposure of personnel; regulations.
NRS 459.080 - Agreements between State and Federal Government.
NRS 459.090 - Agreements concerning inspection; program for training.
NRS 459.100 - Hearings; written decisions.
NRS 459.120 - Issuance of emergency regulation or order by Division.
NRS 459.201 - Licensing and registration of sources of ionizing radiation.
NRS 459.270 - Injunctive and other relief.
NRS 459.300 - Legislative findings.
NRS 459.320 - Prerequisites to issuance of license.
NRS 459.330 - Terms and conditions to be contained in license.
NRS 459.350 - Person exempt from licensing may be required to observe or perform remedial work.
NRS 459.360 - Standards of management of by-products.
NRS 459.370 - Construction of facility or disposal of by-products without license unlawful.
NRS 459.380 - Legislative declaration.
NRS 459.3806 - "Division" defined.
NRS 459.38075 - "Facility" defined.
NRS 459.3809 - "Process" defined.
NRS 459.38125 - "Vessel" defined.
NRS 459.3814 - Applicability of statutory provisions: Excluded activities.
NRS 459.3816 - Designation of highly hazardous substances and explosives: Regulations; amendment.
NRS 459.3824 - Annual fees; Account for Precaution Against Chemical Accidents.
NRS 459.3834 - Unlawful acts; penalties.
NRS 459.3862 - "Committee" defined.
NRS 459.3864 - Creation; appointment of members; appointment of chair and co-chair; resources.
NRS 459.410 - "Commission" defined.
NRS 459.415 - "Department" defined.
NRS 459.420 - "Director" defined.
NRS 459.425 - "Disposal" defined.
NRS 459.428 - "Hazardous material" defined.
NRS 459.429 - "Hazardous substance" defined.
NRS 459.430 - "Hazardous waste" defined.
NRS 459.432 - "Household waste" defined.
NRS 459.435 - "Management of hazardous waste" defined.
NRS 459.440 - "Manifest" defined.
NRS 459.445 - "Person" defined.
NRS 459.448 - "Regulated substance" defined.
NRS 459.450 - "Storage" defined.
NRS 459.455 - "Treatment" defined.
NRS 459.460 - Applicability and administration of NRS 459.400 to 459.600, inclusive.
NRS 459.465 - Types of waste subject to NRS 459.400 to 459.600, inclusive.
NRS 459.470 - Department designated as state agency for regulation of hazardous waste.
NRS 459.475 - Duties of Department.
NRS 459.480 - Delegation of responsibility for enforcement of NRS 459.400 to 459.600, inclusive.
NRS 459.485 - Duties of Commission.
NRS 459.490 - General requirements for regulations.
NRS 459.505 - Agreements to provide state land for areas for disposal of hazardous waste.
NRS 459.515 - Construction, alteration or operation of facility without permit unlawful; exception.
NRS 459.520 - Regulations governing permits.
NRS 459.535 - Account for Management of Hazardous Waste: Use.
NRS 459.540 - Condition in permit specifying time allowed for completion of modification.
NRS 459.545 - Substitution of equivalent standards of protection.
NRS 459.546 - Variances: Conditions and criteria for granting; revocation.
NRS 459.547 - Variances: Renewal; protest and hearing on application for renewal.
NRS 459.548 - Variances: Regulations governing applications; fees.
NRS 459.549 - Variances: Granting and renewal discretionary.
NRS 459.550 - Records and reports.
NRS 459.555 - Disclosure of public and confidential information.
NRS 459.558 - Applicability of NRS 459.560 and 459.565.
NRS 459.570 - Order to prevent act or practice which violates NRS 459.400 to 459.560, inclusive.
NRS 459.580 - Injunctive relief.
NRS 459.585 - Civil penalties; damages; injunction.
NRS 459.590 - Unlawful transportation of hazardous waste.
NRS 459.595 - False statement, representation or certification; tampering with device.
NRS 459.612 - "Administrator" defined.
NRS 459.614 - "Commission" defined.
NRS 459.616 - "Division" defined.
NRS 459.618 - "Eligible property" defined.
NRS 459.620 - "Hazardous substance" defined.
NRS 459.622 - "Participant" defined.
NRS 459.624 - "Program" defined.
NRS 459.626 - "Prospective purchaser" defined.
NRS 459.628 - "Remedial agreement" defined.
NRS 459.630 - "Responsible party" defined.
NRS 459.632 - Certain real property deemed to be eligible property.
NRS 459.634 - Application for participation in program; action by Administrator on application.
NRS 459.640 - Effect of certificate of completion: Relief from liability.
NRS 459.642 - Effect of certificate of completion: Limitations on relief from liability.
NRS 459.646 - Limitations on liability of lenders and persons with security interest in property.
NRS 459.648 - Limitations on liability of prospective purchasers.
NRS 459.652 - Termination of participation in program.
NRS 459.654 - Review of decisions of Administrator.
NRS 459.656 - Adoption of regulations by Commission.
NRS 459.670 - Definitions. [Effective January 1, 2022.]
NRS 459.672 - "Class B firefighting foam" defined. [Effective January 1, 2022.]
NRS 459.676 - "Division" defined. [Effective January 1, 2022.]
NRS 459.678 - "Perfluoroalkyl and polyfluoroalkyl substances" defined. [Effective January 1, 2022.]
NRS 459.684 - Reporting of discharge, use or release. [Effective January 1, 2022.]
NRS 459.7005 - "Base state" defined.
NRS 459.701 - "Commission" defined.
NRS 459.7016 - "Department" defined.
NRS 459.7018 - "Director" defined.
NRS 459.702 - "Division" defined.
NRS 459.7022 - "Extremely hazardous material" defined.
NRS 459.7024 - "Hazardous material" defined.
NRS 459.7025 - "Motor carrier" defined.
NRS 459.70255 - "Participating state" defined.
NRS 459.7026 - "Person" defined.
NRS 459.703 - "Uniform application" defined.
NRS 459.7032 - "Uniform program" defined.
NRS 459.704 - Coordination of fees, forms and regulations; duties of regulatory agencies.
NRS 459.7052 - Registration and permit required for transportation by motor carrier.
NRS 459.7054 - Uniform application: Information required.
NRS 459.7056 - Uniform application: Confidentiality and disclosure of information provided.
NRS 459.7058 - Denial, suspension or revocation of registration and permit: Grounds; procedure.
NRS 459.708 - Motor carriers: Rejection of and liability for certain packages of radioactive waste.
NRS 459.715 - Repository for Information Concerning Hazardous Materials in Nevada.
NRS 459.721 - Duties of Director: Regulations for participation in uniform program.
NRS 459.725 - Powers and duties of Director: Administration of provisions; regulations; agreements.
NRS 459.727 - Provisions inapplicable to transportation by governmental vehicle.
NRS 459.728 - Provisions supersede and preempt local regulation of transportation; exceptions.
NRS 459.735 - Contingency Account for Hazardous Materials.
NRS 459.740 - Adoption of regulations; acceptance of gifts and grants of money and other revenues.
NRS 459.742 - Powers of Commission.
NRS 459.744 - Establishment and payment of fees.
NRS 459.770 - Recovery of costs incurred by responding county or city.
NRS 459.774 - Civil penalties for certain violations.
NRS 459.775 - Unlawful acts: Misdemeanors.
NRS 459.780 - Unlawful acts: Gross misdemeanors.
NRS 459.790 - "Hazardous material" defined.
NRS 459.796 - Prerequisites for immunity: Persons providing equipment, advice or other assistance.
NRS 459.802 - "Commission" defined.
NRS 459.804 - "Department" defined.
NRS 459.806 - "Director" defined.
NRS 459.808 - "Division" defined.
NRS 459.810 - "Operator" defined.
NRS 459.812 - "Owner" defined.
NRS 459.814 - "Person" defined.
NRS 459.816 - "Regulated substance" defined.
NRS 459.818 - "Release" defined.
NRS 459.820 - "Storage tank" defined.
NRS 459.822 - Department designated as state agency for regulation of storage tanks.
NRS 459.824 - Duties of Director.
NRS 459.825 - Coordination of fees, regulations and forms; duties of regulatory agencies.
NRS 459.826 - Regulations of Commission: General requirements.
NRS 459.828 - Owner or operator of storage tank to provide Department with certain information.
NRS 459.830 - Regulations of Commission: Standards of performance.
NRS 459.832 - Regulations of Commission: Closure, removal, disposal and management of storage tanks.
NRS 459.836 - Permits to operate storage tanks: Regulations; terms and conditions; fee.
NRS 459.838 - Account for Management of Storage Tanks: Creation; sources; claims.
NRS 459.842 - Enforcement by Department; delegation of responsibility.
NRS 459.846 - Disclosure of information obtained by Department.
NRS 459.848 - Authority to enter and inspect.
NRS 459.850 - Action to alleviate hazard to human health, public safety or environment.
NRS 459.852 - Order for corrective action.
NRS 459.854 - Injunctive relief.
NRS 459.856 - Civil penalties; damages; injunction.
NRS 459.862 - "Administrator" defined.
NRS 459.864 - "Brownfield project" defined.
NRS 459.866 - "Brownfield site" defined.
NRS 459.868 - "Brownfields Restoration Act" defined.
NRS 459.870 - "Commission" defined.
NRS 459.872 - "Division" defined.
NRS 459.874 - "Federal grant" defined.
NRS 459.880 - Limitations on use of money.
NRS 459.882 - Limitations regarding expenditures from money from federal grant.
NRS 459.884 - Duties of Division.
NRS 459.886 - Powers of Division.
NRS 459.888 - Administrator may collect fee to defray costs of administering Fund.
NRS 459.890 - Administrator may employ persons necessary to carry out duties.
NRS 459.910 - Unlawful to store high-level radioactive waste in State.
NRS 459.920 - Prerequisites for operation or display of radar gun or similar device.