HAZARDOUS MATERIALS

Nev. Rev. Stat. 459
in effect

Contents

section459.001. Enactment; text.section459.002. Appointment of member of Board by Governor.section459.003. Alternate member: Designation; powers and duties.section459.004. Bylaws, rules and regulations filed with Secretary of State.section459.005. Applicability of Nevada Industrial Insurance Act to persons dispatched to another state.section459.007. Enactment; text.section459.008. Appointment of member of Board by Governor; designation of alternate member.section459.009. Definitions.section459.010. Definitions.section459.020. State agency for control of radiation.section459.030. Duties of state agency for control of radiation.section459.035. Applicant for registration of radiation machine to attest to proper licensure of employees; fees.section459.050. Inspections; confidentiality of report of inspection.section459.060. Records.section459.070. Report of exposure of personnel; regulations.section459.080. Agreements between State and Federal Government.section459.0083. State surcharge: Imposition; collection; distribution; deposit for credit to Fund for Care of Sites for Disposal of Radioactive Waste.section459.090. Agreements concerning inspection; program for training.section459.0091. Commission on Nuclear Projects: Creation; membership; terms and salary of members.section459.0092. Commission on Nuclear Projects: Duties.section459.0093. Agency for Nuclear Projects: Creation; composition; appointment and qualifications of Executive Director.section459.0094. Executive Director of Agency for Nuclear Projects: Duties.section459.0095. Executive Director of Agency for Nuclear Projects: Powers.section459.0096. Executive Director and Administrators: Administration of laws relating to Division; classification; certain other employment prohibited.section459.0097. Duties of Administrator of Division of Technical Programs.section459.0098. Duties of Administrator of Division of Planning.section459.100. Hearings; written decisions.section459.105. Disciplinary action by hearing officer or panel: Procedural requirements; powers and duties of officer or panel; judicial review.section459.120. Issuance of emergency regulation or order by Division.section459.125. 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; regulations.section459.201. Licensing and registration of sources of ionizing radiation.section459.211. Fees for operation or use of areas for storage and disposal owned by State; fee for revenue.section459.221. License to use area for disposal required; violations concerning shipping; penalties; suspension, revocation or reinstatement of license.section459.231. Fund for Care of Sites for Disposal of Radioactive Waste: Creation; administration; deposits; investment; interest; income.section459.235. 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.section459.250. Enforcement of certain provisions by peace officers of Nevada Highway Patrol; impounding or detaining of vehicles.section459.260. Suspension, revocation or amending of license or registration; impounding of sources of ionizing radiation by Division.section459.270. Injunctive and other relief.section459.280. Removal of radioactive waste, machinery or equipment by employee from area for disposal prohibited; penalties.section459.290. Penalties.section459.300. Legislative findings.section459.310. 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.section459.320. Prerequisites to issuance of license.section459.330. Terms and conditions to be contained in license.section459.340. Title to site for disposal and by-products to be transferred to United States or this State before termination of production.section459.350. Person exempt from licensing may be required to observe or perform remedial work.section459.360. Standards of management of by-products.section459.370. Construction of facility or disposal of by-products without license unlawful.section459.380. Legislative declaration.section459.382. Reports of regulatory agencies; review of requirements of regulatory agencies; final authority of Division of Environmental Protection.section459.387. Entry into facility to verify compliance with statutory requirements and regulations; issuance of order.section459.400. Purpose.section459.405. Definitions.section459.410. “Commission” defined.section459.415. “Department” defined.section459.420. “Director” defined.section459.425. “Disposal” defined.section459.428. “Hazardous material” defined.section459.429. “Hazardous substance” defined.section459.430. “Hazardous waste” defined.section459.432. “Household waste” defined.section459.435. “Management of hazardous waste” defined.section459.440. “Manifest” defined.section459.445. “Person” defined.section459.447. “Recycling” defined.section459.448. “Regulated substance” defined.section459.450. “Storage” defined.section459.455. “Treatment” defined.section459.460. Applicability and administration of NRS 459.400 to 459.600 , inclusive.section459.465. Types of waste subject to NRS 459.400 to 459.600 , inclusive.section459.470. Department designated as state agency for regulation of hazardous waste.section459.475. Duties of Department.section459.480. Delegation of responsibility for enforcement of NRS 459.400 to 459.600 , inclusive.section459.485. Duties of Commission.section459.490. General requirements for regulations.section459.500. Contents of regulations; enforcement of regulations relating to transportation and handling of hazardous waste.section459.501. 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.section459.502. Certification of laboratory required for performance of analysis for person who generates waste to determine whether waste is hazardous.section459.505. Agreements to provide state land for areas for disposal of hazardous waste.section459.510. Fees for use of areas for disposal owned by State: Amount; payment; waiver; collection of interest; penalties.section459.512. 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.section459.515. Construction, alteration or operation of facility without permit unlawful; exception.section459.520. Regulations governing permits.section459.525. Financial responsibility of owner or operator of facility; claim against insurer, guarantor, surety or other person providing evidence of financial responsibility.section459.530. Account for Management of Hazardous Waste: Creation; source; separate accounting for certain fees collected.section459.535. Account for Management of Hazardous Waste: Use.section459.537. Account for Management of Hazardous Waste: Payment of costs of responding to leak, spill, accident or motor vehicle crash; reimbursement; action by Attorney General.section459.540. Condition in permit specifying time allowed for completion of modification.section459.545. Substitution of equivalent standards of protection.section459.546. Variances: Conditions and criteria for granting; revocation.section459.547. Variances: Renewal; protest and hearing on application for renewal.section459.548. Variances: Regulations governing applications; fees.section459.549. Variances: Granting and renewal discretionary.section459.550. Records and reports.section459.555. Disclosure of public and confidential information.section459.558. Applicability of NRS 459.560 and 459.565 .section459.560. Inspections.section459.565. Action to prevent practice or act which constitutes hazard to human health, public safety or environment.section459.570. Order to prevent act or practice which violates NRS 459.400 to 459.560 , inclusive.section459.573. Lien on property for certain costs and deficiencies; perfection; notice; maximum amount; release; foreclosure; suit by Attorney General.section459.575. Subpoenas.section459.580. Injunctive relief.section459.585. Civil penalties; damages; injunction.section459.590. Unlawful transportation of hazardous waste.section459.595. False statement, representation or certification; tampering with device.section459.600. Operation without permit or in violation of condition of permit or order; disposal or discharge of hazardous waste in unauthorized manner; penalty.section459.610. Definitions.section459.612. “Administrator” defined.section459.614. “Commission” defined.section459.616. “Division” defined.section459.618. “Eligible property” defined.section459.620. “Hazardous substance” defined.section459.622. “Participant” defined.section459.624. “Program” defined.section459.626. “Prospective purchaser” defined.section459.628. “Remedial agreement” defined.section459.630. “Responsible party” defined.section459.632. Certain real property deemed to be eligible property.section459.634. Application for participation in program; action by Administrator on application.section459.636. Submission of remedial agreement for approval; prerequisites to approval; explanation of disapproval.section459.638. Certification of completion of remedial agreement; issuance, contents and recordation of certificate of completion; explanation of failure to issue certificate.section459.640. Effect of certificate of completion: Relief from liability.section459.642. Effect of certificate of completion: Limitations on relief from liability.section459.644. Effect of certificate of completion: Applicability to persons other than original holder.section459.646. Limitations on liability of lenders and persons with security interest in property.section459.648. Limitations on liability of prospective purchasers.section459.650. Action against responsible party by holder of certificate of completion or seller of property.section459.652. Termination of participation in program.section459.654. Review of decisions of Administrator.section459.656. Adoption of regulations by Commission.section459.658. Negotiation with Environmental Protection Agency regarding effect of certificate of completion.section459.670. Definitions.section459.672. “Class B firefighting foam” defined.section459.674. “Class B firefighting foam that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances” defined.section459.676. “Division” defined.section459.678. “Perfluoroalkyl and polyfluoroalkyl substances” defined.section459.680. Inapplicability of certain provisions where preempted by or in conflict with federal law.section459.682. Prohibition on discharge, use or release; exception; penalty.section459.684. Reporting of discharge, use or release.section459.686. Working group to study issues relating to environmental contamination: Establishment; composition; duties; members serve without compensation.section459.700. Definitions.section459.701. “Commission” defined.section459.702. “Division” defined.section459.703. “Uniform application” defined.section459.704. Coordination of fees, forms and regulations; duties of regulatory agencies.section459.706. Motor carriers: Prerequisites to issuance of permit to transport radioactive waste; assessment for investigation, inspection or audit outside of State.section459.708. Motor carriers: Rejection of and liability for certain packages of radioactive waste.section459.709. Motor carriers: Prerequisites to transportation of high-level radioactive waste or spent nuclear fuel.section459.712. Inspections, investigations and reproduction of records: Authority of Department; regulations.section459.715. Repository for Information Concerning Hazardous Materials in Nevada.section459.718. Notification of Division regarding certain accidents, motor vehicle crashes or incidents.section459.721. Duties of Director: Regulations for participation in uniform program.section459.725. Powers and duties of Director: Administration of provisions; regulations; agreements.section459.727. Provisions inapplicable to transportation by governmental vehicle.section459.728. Provisions supersede and preempt local regulation of transportation; exceptions.section459.735. Contingency Account for Hazardous Materials.section459.738. Creation of Commission; appointment and terms of members; appointment of Chair or Co-Chairs; employment of staff.section459.740. Adoption of regulations; acceptance of gifts and grants of money and other revenues.section459.742. Powers of Commission.section459.744. Establishment and payment of fees.section459.748. Definitions.section459.750. Responsibility for cleaning and decontamination of area affected by spill, accident or motor vehicle crash.section459.755. 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.section459.760. Reimbursement of expenses of responding state agency; reporting of need for additional funding; action by Attorney General.section459.765. Deposit of reimbursement and penalty for credit to Contingency Account for Hazardous Materials.section459.770. Recovery of costs incurred by responding county or city.section459.773. Development and dissemination of reference guide regarding response to accidents, motor vehicle crashes and incidents.section459.774. Civil penalties for certain violations.section459.775. Unlawful acts: Misdemeanors.section459.780. Unlawful acts: Gross misdemeanors.section459.790. “Hazardous material” defined.section459.792. Scope of immunity: State Emergency Response Commission; local emergency planning committees; persons providing equipment, advice or other assistance.section459.794. Exclusions from immunity: Damages from gross negligence or misconduct; persons causing discharge; persons receiving compensation for assistance.section459.796. Prerequisites for immunity: Persons providing equipment, advice or other assistance.section459.800. Definitions.section459.802. “Commission” defined.section459.804. “Department” defined.section459.806. “Director” defined.section459.808. “Division” defined.section459.810. “Operator” defined.section459.812. “Owner” defined.section459.814. “Person” defined.section459.816. “Regulated substance” defined.section459.818. “Release” defined.section459.820. “Storage tank” defined.section459.822. Department designated as state agency for regulation of storage tanks.section459.824. Duties of Director.section459.825. Coordination of fees, regulations and forms; duties of regulatory agencies.section459.826. Regulations of Commission: General requirements.section459.828. Owner or operator of storage tank to provide Department with certain information.section459.830. Regulations of Commission: Standards of performance.section459.832. Regulations of Commission: Closure, removal, disposal and management of storage tanks.section459.834. Regulations of Commission regarding corrective action, evidence of financial responsibility; determination of whether corrective action is required.section459.836. Permits to operate storage tanks: Regulations; terms and conditions; fee.section459.838. Account for Management of Storage Tanks: Creation; sources; claims.section459.840. Account for Management of Storage Tanks: Use; reimbursement; action by Attorney General.section459.842. Enforcement by Department; delegation of responsibility.section459.844. Subpoenas.section459.846. Disclosure of information obtained by Department.section459.848. Authority to enter and inspect.section459.850. Action to alleviate hazard to human health, public safety or environment.section459.852. Order for corrective action.section459.854. Injunctive relief.section459.856. Civil penalties; damages; injunction.section459.860. Definitions.section459.862. “Administrator” defined.section459.864. “Brownfield project” defined.section459.866. “Brownfield site” defined.section459.868. “Brownfields Restoration Act” defined.section459.870. “Commission” defined.section459.872. “Division” defined.section459.874. “Federal grant” defined.section459.876. “Fund” defined.section459.878. Creation; use of money; payment of claims; acceptance of gifts, appropriations, contributions, grants and bequests.section459.880. Limitations on use of money.section459.882. Limitations regarding expenditures from money from federal grant.section459.884. Duties of Division.section459.886. Powers of Division.section459.888. Administrator may collect fee to defray costs of administering Fund.section459.890. Administrator may employ persons necessary to carry out duties.section459.892. Regulations.section459.900. Submission to governmental agencies of information regarding manufacture, processing, use and disposal of toxic chemicals.section459.910. Unlawful to store high-level radioactive waste in State.section459.920. Prerequisites for operation or display of radar gun or similar device.section459.930. 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.section459.3802. Definitions.section459.3806. “Division” defined.section459.3809. “Process” defined.section459.3813. Applicability of statutory provisions and regulations to certain facilities; exemptions.section459.3814. Applicability of statutory provisions: Excluded activities.section459.3816. Designation of highly hazardous substances and explosives: Regulations; amendment.section459.3818. 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 gas.section459.3819. Inspections by state and local agencies of facilities where explosives are manufactured, used, processed, handled, moved on-site or stored.section459.3822. 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.section459.3824. Annual fees; Account for Precaution Against Chemical Accidents.section459.3829. Permits to construct or commence operation of new process: Requirements; application; regulations; fee.section459.3832. Regulations concerning certification of records, reports and information submitted to Division; requirements for signature on certification.section459.3833. Program to prevent and minimize consequences of accidental release of hazardous substance: Delegation of authority and grant of money from Federal Government; regulations.section459.3834. Unlawful acts; penalties.section459.3862. “Committee” defined.section459.3864. Creation; appointment of members; appointment of chair and co-chair; resources.section459.3866. 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 authority.section459.3868. Duties.section459.3872. Injunctive relief; levy of civil administrative penalty; notice of levy of penalty; request for hearing; payment of penalty.section459.3874. Amount of civil administrative penalties; settlement of claim; imposition of civil penalty.section459.7005. “Base state” defined.section459.7016. “Department” defined.section459.7018. “Director” defined.section459.7022. “Extremely hazardous material” defined.section459.7024. “Hazardous material” defined.section459.7025. “Motor carrier” defined.section459.7026. “Person” defined.section459.7032. “Uniform program” defined.section459.7052. Registration and permit required for transportation by motor carrier.section459.7054. Uniform application: Information required.section459.7056. Uniform application: Confidentiality and disclosure of information provided.section459.7058. Denial, suspension or revocation of registration and permit: Grounds; procedure.section459.38075. “Facility” defined.section459.38125. “Vessel” defined.section459.38195. Investigation of certain accidents and motor vehicle crashes: Powers and duties of Division; duty of owner or operator of facility to cooperate.section459.70255. “Participating state” defined.
Source: NV Statutes (Official Site)URL: https://www.leg.state.nv.us/nrs/NRS-459.htmlFetched: 10/4/2026