Nevada Revised Statutes
Chapter 459 - Hazardous Materials
NRS 459.644 - Effect of certificate of completion: Applicability to persons other than original holder.

1. The relief from liability provided by NRS 459.640 extends to another person who:
(a) Purchases or leases the property to which the certificate of completion relates; or
(b) Acquires, merges with or purchases substantially all of the assets of the holder of the certificate,
after the certificate is issued, if the other person is not otherwise a responsible party. The other person is subject to any duties of the original holder of the certificate under the remedial agreement or the certificate.
2. The relief provided to a subsequent owner or lessee continues even if it is determined that the original holder of the certificate is not released from liability because of a provision of NRS 459.642 if:
(a) The subsequent owner or lessee purchased or leased the property in good faith for its fair market value; and
(b) The actions of the original holder of the certificate cannot be attributed to the subsequent owner or lessee under a provision of law other than this chapter.
3. If the original holder of a certificate of completion is a prospective purchaser, the relief from liability provided by NRS 459.640 extends to the person from whom he or she purchases the property if:
(a) The seller and purchaser so agree;
(b) The seller bears the expense of removal or remediation performed on the property, directly or indirectly;
(c) The seller is a responsible party only because of his or her ownership of the property; and
(d) The Administrator approves the extension of relief and incorporates it into the certificate of completion.
(Added to NRS by 1999, 2692)

Structure Nevada Revised Statutes

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 459.005 - Applicability of Nevada Industrial Insurance Act to persons dispatched to another state.

NRS 459.007 - Enactment; text.

NRS 459.008 - Appointment of member of Board by Governor; designation of alternate member.

NRS 459.0083 - State surcharge: Imposition; collection; distribution; deposit for credit to Fund for Care of Sites for Disposal of Radioactive Waste.

NRS 459.0085 - Creation; membership; powers and duties; compensation and expenses of members.

NRS 459.009 - Definitions.

NRS 459.0091 - Commission on Nuclear Projects: Creation; membership; terms and salary of members.

NRS 459.0092 - Commission on Nuclear Projects: Duties.

NRS 459.0093 - Agency for Nuclear Projects: Creation; composition; appointment and qualifications of Executive Director.

NRS 459.0094 - Executive Director of Agency for Nuclear Projects: Duties.

NRS 459.0095 - Executive Director of Agency for Nuclear Projects: Powers.

NRS 459.0096 - Executive Director and Administrators: Administration of laws relating to Division; classification; certain other employment prohibited.

NRS 459.0097 - Duties of Administrator of Division of Technical Programs.

NRS 459.0098 - Duties of Administrator of Division of Planning.

NRS 459.010 - Definitions.

NRS 459.020 - State agency for control of radiation.

NRS 459.030 - Duties of state agency for control of radiation.

NRS 459.035 - Applicant for registration of radiation machine to attest to proper licensure of employees; fees.

NRS 459.050 - Inspections; confidentiality of report of inspection.

NRS 459.060 - Records.

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 459.105 - Disciplinary action by hearing officer or panel: Procedural requirements; powers and duties of officer or panel; judicial review.

NRS 459.120 - Issuance of emergency regulation or order by Division.

NRS 459.125 - Department of Transportation to develop plan for routing shipments of controlled quantities of radioactive materials and high-level radioactive waste; cooperation with Federal Government, regional organizations and other states; regulat...

NRS 459.201 - Licensing and registration of sources of ionizing radiation.

NRS 459.211 - Fees for operation or use of areas for storage and disposal owned by State; fee for revenue.

NRS 459.221 - License to use area for disposal required; violations concerning shipping; penalties; suspension, revocation or reinstatement of license.

NRS 459.231 - Fund for Care of Sites for Disposal of Radioactive Waste: Creation; administration; deposits; investment; interest; income.

NRS 459.235 - Deposit of penal fines; delegation of authority to take disciplinary action; deposit of fines imposed by State Board of Health; claims for attorney’s fees and costs of investigation.

NRS 459.250 - Enforcement of certain provisions by peace officers of Nevada Highway Patrol; impounding or detaining of vehicles.

NRS 459.260 - Suspension, revocation or amending of license or registration; impounding of sources of ionizing radiation by Division.

NRS 459.270 - Injunctive and other relief.

NRS 459.280 - Removal of radioactive waste, machinery or equipment by employee from area for disposal prohibited; penalties.

NRS 459.290 - Penalties.

NRS 459.300 - Legislative findings.

NRS 459.310 - Fees for regulating operations concerning uranium and care and maintenance of radioactive tailings and residues; posting of security; Fund for Licensing Uranium Mills; Fund for Care of Uranium Tailings.

NRS 459.320 - Prerequisites to issuance of license.

NRS 459.330 - Terms and conditions to be contained in license.

NRS 459.340 - Title to site for disposal and by-products to be transferred to United States or this State before termination of production.

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 459.3802 - Definitions.

NRS 459.3806 - "Division" defined.

NRS 459.38075 - "Facility" defined.

NRS 459.3809 - "Process" defined.

NRS 459.38125 - "Vessel" defined.

NRS 459.3813 - Applicability of statutory provisions and regulations to certain facilities; exemptions.

NRS 459.3814 - Applicability of statutory provisions: Excluded activities.

NRS 459.3816 - Designation of highly hazardous substances and explosives: Regulations; amendment.

NRS 459.3818 - State Environmental Commission to adopt regulations; Division to administer and enforce statutory provisions and regulations; involvement of interested persons; applicability of statutory provisions to dealers of liquefied petroleum ga...

NRS 459.3819 - Inspections by state and local agencies of facilities where explosives are manufactured, used, processed, handled, moved on-site or stored.

NRS 459.38195 - Investigation of certain accidents and motor vehicle crashes: Powers and duties of Division; duty of owner or operator of facility to cooperate.

NRS 459.382 - Reports of regulatory agencies; review of requirements of regulatory agencies; final authority of Division of Environmental Protection.

NRS 459.3822 - Records, reports and other information of facility: Submission by owner or operator of facility; availability for public inspection; confidentiality of information protected as trade secret; regulations.

NRS 459.3824 - Annual fees; Account for Precaution Against Chemical Accidents.

NRS 459.3829 - Permits to construct or commence operation of new process: Requirements; application; regulations; fee.

NRS 459.3832 - Regulations concerning certification of records, reports and information submitted to Division; requirements for signature on certification.

NRS 459.3833 - Program to prevent and minimize consequences of accidental release of hazardous substance: Delegation of authority and grant of money from Federal Government; regulations.

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 459.3866 - Receipt of records and documents; subpoena; informal inquiries; confidentiality of trade secret or information; inspection of facility; Attorney General is counsel for committee; authorization to make recommendations to reviewing autho...

NRS 459.3868 - Duties.

NRS 459.387 - Entry into facility to verify compliance with statutory requirements and regulations; issuance of order.

NRS 459.3872 - Injunctive relief; levy of civil administrative penalty; notice of levy of penalty; request for hearing; payment of penalty.

NRS 459.3874 - Amount of civil administrative penalties; settlement of claim; imposition of civil penalty.

NRS 459.400 - Purpose.

NRS 459.405 - Definitions.

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 459.500 - Contents of regulations; enforcement of regulations relating to transportation and handling of hazardous waste.

NRS 459.501 - Certification of laboratory required for performance of analysis to detect presence of hazardous waste or regulated substance in soil or water for certain purposes; exception.

NRS 459.502 - Certification of laboratory required for performance of analysis for person who generates waste to determine whether waste is hazardous.

NRS 459.505 - Agreements to provide state land for areas for disposal of hazardous waste.

NRS 459.510 - Fees for use of areas for disposal owned by State: Amount; payment; waiver; collection of interest; penalties.

NRS 459.512 - Payment of additional fees by facility for management of hazardous waste for training emergency personnel and ensuring safety of shipment of hazardous materials; penalty for late payment.

NRS 459.515 - Construction, alteration or operation of facility without permit unlawful; exception.

NRS 459.520 - Regulations governing permits.

NRS 459.525 - Financial responsibility of owner or operator of facility; claim against insurer, guarantor, surety or other person providing evidence of financial responsibility.

NRS 459.530 - Account for Management of Hazardous Waste: Creation; source; separate accounting for certain fees collected.

NRS 459.535 - Account for Management of Hazardous Waste: Use.

NRS 459.537 - Account for Management of Hazardous Waste: Payment of costs of responding to leak, spill, accident or motor vehicle crash; reimbursement; action by Attorney General.

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 459.560 - Inspections.

NRS 459.565 - Action to prevent practice or act which constitutes hazard to human health, public safety or environment.

NRS 459.570 - Order to prevent act or practice which violates NRS 459.400 to 459.560, inclusive.

NRS 459.575 - Subpoenas.

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 459.600 - Operation without permit or in violation of condition of permit or order; disposal or discharge of hazardous waste in unauthorized manner; penalty.

NRS 459.610 - Definitions.

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 459.636 - Submission of remedial agreement for approval; prerequisites to approval; explanation of disapproval.

NRS 459.638 - Certification of completion of remedial agreement; issuance, contents and recordation of certificate of completion; explanation of failure to issue certificate.

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 459.644 - Effect of certificate of completion: Applicability to persons other than original holder.

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 459.650 - Action against responsible party by holder of certificate of completion or seller of property.

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 459.658 - Negotiation with Environmental Protection Agency regarding effect of certificate of completion.

NRS 459.670 - Definitions. [Effective January 1, 2022.]

NRS 459.672 - "Class B firefighting foam" defined. [Effective January 1, 2022.]

NRS 459.674 - "Class B firefighting foam that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances" 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 459.680 - Inapplicability of certain provisions where preempted by or in conflict with federal law. [Effective January 1, 2022.]

NRS 459.682 - Prohibition on discharge, use or release; exception; penalty. [Effective January 1, 2022.]

NRS 459.684 - Reporting of discharge, use or release. [Effective January 1, 2022.]

NRS 459.686 - Working group to study issues relating to environmental contamination: Establishment; composition; duties; members serve without compensation. [Effective January 1, 2022.]

NRS 459.700 - Definitions.

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 459.706 - Motor carriers: Prerequisites to issuance of permit to transport radioactive waste; assessment for investigation, inspection or audit outside of State.

NRS 459.708 - Motor carriers: Rejection of and liability for certain packages of radioactive waste.

NRS 459.709 - Motor carriers: Prerequisites to transportation of high-level radioactive waste or spent nuclear fuel.

NRS 459.712 - Inspections, investigations and reproduction of records: Authority of Department; regulations.

NRS 459.715 - Repository for Information Concerning Hazardous Materials in Nevada.

NRS 459.718 - Notification of Division regarding certain accidents, motor vehicle crashes or incidents.

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 459.738 - Creation of Commission; appointment and terms of members; appointment of Chair or Co-Chairs; employment of staff.

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 459.748 - Definitions.

NRS 459.750 - Responsibility for cleaning and decontamination of area affected by spill, accident or motor vehicle crash.

NRS 459.755 - Use of Contingency Account for Hazardous Materials to pay for costs of cleaning and decontamination of area affected by spill, accident or motor vehicle crash.

NRS 459.760 - Reimbursement of expenses of responding state agency; reporting of need for additional funding; action by Attorney General.

NRS 459.765 - Deposit of reimbursement and penalty for credit to Contingency Account for Hazardous Materials.

NRS 459.770 - Recovery of costs incurred by responding county or city.

NRS 459.773 - Development and dissemination of reference guide regarding response to accidents, motor vehicle crashes and incidents.

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 459.792 - Scope of immunity: State Emergency Response Commission; local emergency planning committees; persons providing equipment, advice or other assistance.

NRS 459.794 - Exclusions from immunity: Damages from gross negligence or misconduct; persons causing discharge; persons receiving compensation for assistance.

NRS 459.796 - Prerequisites for immunity: Persons providing equipment, advice or other assistance.

NRS 459.800 - Definitions.

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 459.834 - Regulations of Commission regarding corrective action, evidence of financial responsibility; determination of whether corrective action is required.

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 459.840 - Account for Management of Storage Tanks: Use; reimbursement; action by Attorney General.

NRS 459.842 - Enforcement by Department; delegation of responsibility.

NRS 459.844 - Subpoenas.

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 459.860 - Definitions.

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 459.876 - "Fund" defined.

NRS 459.878 - Creation; use of money; payment of claims; acceptance of gifts, appropriations, contributions, grants and bequests.

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 459.892 - Regulations.

NRS 459.900 - Submission to governmental agencies of information regarding manufacture, processing, use and disposal of toxic chemicals.

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.

NRS 459.930 - Immunity from liability for certain persons for response actions and cleanup with respect to certain real property at which hazardous substance has been or may have been released.