REQUIRES TWO-THIRDS MAJORITY VOTE
(§§ 10, 22, 23.5, 39, 49 & NRS 444.560, 459.500,
459.512, 459.537, 459.548, 459.634)
(Reprinted with amendments adopted on April 18, 2025)
FIRST REPRINT A.B. 40
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ASSEMBLY BILL NO. 40–COMMITTEE ON NATURAL RESOURCES
(ON BEHALF OF THE DIVISION OF ENVIRONMENTAL
PROTECTION OF THE STATE DEPARTMENT OF
CONSERVATION AND NATURAL RESOURCES)
PREFILED NOVEMBER 19, 2024
____________
Referred to Committee on Natural Resources
SUMMARY—Revises various provisions relating to environmental
hazards. (BDR 46-265)
FISCAL NOTE: Effect on Local Government: Increases or Newly
Provides for Term of Imprisonment in County or City
Jail or Detention Facility.
Effect on the State: Yes.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to environmental hazards; authorizing the
Division of Environmental Protection of the State
Department of Conservation and Natural Resources to
issue an order for certain violations relating to mining
reclamation; providing the Division, solid waste
management authority and Department with a lien on
certain property under certain circumstances; revising
provisions governing mining reclamation to include the
stabilization of process fluids; revising certain
requirements for a permit to engage in a mining operation
or exploration project; authorizing the State
Environmental Commission to adopt regulations relating
to solid waste management facilities; requiring the
Commission to adopt regulations relating to the
requirements for the owner or operator of a municipal
solid waste landfill or solid waste management facility to
provide certain evidence of financial responsibility;
requiring a permit to construct or operate a solid waste
management facility; making requirements for disposal
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sites applicable to solid waste management facilities;
prohibiting a municipal solid waste landfill from
accepting certain types of hazardous waste; revising
provisions relating to the management of hazardous
waste; revising requirements governing a permit to
operate a facility for the management of hazardous waste;
revising requirements relating to evidence of financial
responsibility provided by an owner or operator of certain
facilities for the management of hazardous waste; revising
certain prohibitions relating to hazardous waste; providing
penalties; and providing other matters properly relating
thereto.
Legislative Counsel’s Digest:
Existing law establishes provisions governing the reclamation of land subject to 1
mining operations or exploration projects. (Chapter 519A of NRS) Section 13 of 2
this bill revises the definition of the term “reclamation” to include actions 3
performed during or after an exploration project or mining operation to stabilize 4
process fluids. Sections 2-9 of this bill define certain terms relating to reclamation. 5
Section 14 of this bill revises the definition of the term “surety” to include an 6
account held by or for the benefit of the Division of Environmental Protection of 7
the State Department of Conservation and Natural Resources. 8
Section 10 of this bill authorizes the Division to issue an order if the Division 9
has reasonable cause to believe that a holder of a permit is violating or is about to 10
violate certain provisions of existing law relating to the reclamation of land. 11
Section 11 of this bill provides that the Division may lien all real and personal 12
property associated with a facility of a holder of a permit for an exploration project 13
or mining operation. 14
Section 12 of this bill applies the definitions in existing law and sections 2-9 15
governing reclamation to the provisions of sections 10 and 11. 16
Section 15 of this bill authorizes certain fees collected by the Division that are 17
used to administer the provisions of existing law relating to reclamation to also be 18
used to administer the provisions of sections 2-11. 19
Existing law requires an applicant for a permit to engage in a mining operation 20
to, amongst other requirements, complete a checklist developed by the Division and 21
file a plan for reclamation with the application. (NRS 519A.210, 519A.220) 22
Section 16 of this bill requires that the information requested by the checklist 23
include a manual for the operation and maintenance of the fluid management 24
system for the mining operation. Section 17 of this bill requires a plan for 25
reclamation to provide for the stabilization of process fluids. 26
Existing law provides that if an exploration project or a mining operation is 27
conducted on: (1) land administered by a federal agency, an approved federal plan 28
of operations and surety that are consistent with certain requirements supersede 29
certain requirements for a permit and bond or other surety; or (2) both public land 30
and privately owned land, compliance with the approved federal plan of operations 31
is sufficient if that plan substantially provides for the reclamation and bond or other 32
surety required by existing law. (NRS 519A.240) Section 18 of this bill provides 33
that a federal plan of operations and surety approved by a federal agency for an 34
exploration project or a mining operation supersede, if wholly conducted on land 35
administered by a federal agency, or substitute, if partly conducted on land 36
administered by a federal agency, requirements in state law for a permit and bond 37
or other surety if the applicant: (1) submits to the Division the federal plan of 38
operations and an estimate of the costs of reclamation; and (2) remedies any 39
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inconsistencies identified by the Division between the federal plan of operations 40
and the requirements of state law. 41
Sections 19 and 20 of this bill apply certain disciplinary actions and criminal 42
penalties to the provisions of sections 2-11. 43
Existing law requires the governing body of every municipality or district board 44
of health of a health district to develop a plan to provide for a solid waste 45
management system which provides for the management and disposal of solid 46
waste. (NRS 444.510) Existing law defines the term “solid waste management 47
system” as the entire process of storage, collection, transportation, processing, 48
recycling and disposal of solid waste. (NRS 444.500) Section 28.3 of this bill 49
revises the definition of “solid waste management system” to mean the entire 50
process of storage, collection, transportation, processing, recycling or disposal of 51
solid waste. 52
Existing law requires a solid waste management authority to issue permits to 53
operate disposal sites. (NRS 444.553) Section 28.7 of this bill requires a solid 54
waste management authority to also issue permits to operate solid waste 55
management facilities. Section 32.1 of this bill requires the State Environmental 56
Commission to adopt regulations concerning standards for the issuance, renewal, 57
modification, suspension, revocation and denial of, and for the imposition of terms 58
and conditions for, a permit to construct or operate a solid waste management 59
facility. Sections 32.1-32.4 and 32.8 of this bill make certain provisions of existing 60
law relating to disposal sites applicable to solid waste management facilities. 61
Section 22 of this bill defines the term “solid waste management facility” to 62
mean any place that engages in any activity related to a solid waste management 63
system. Section 23.5 of this bill authorizes the State Environmental Commission to 64
adopt regulations establishing activities that are related to a solid waste 65
management system and the places which constitute a solid waste management 66
facility based on the activities performed at the place. 67
Existing law requires the owner or operator of a municipal solid waste landfill 68
to obtain a permit from a solid waste management authority before constructing or 69
operating the municipal solid waste landfill. The permit must be conditioned upon 70
all requirements necessary to ensure compliance with certain federal laws 71
governing solid waste, including financial requirements for the owners and 72
operators of municipal solid waste landfills. (NRS 444.465, 444.556) Section 30 of 73
this bill revises certain references to the term “municipal solid waste landfill.” 74
Section 32.6 of this bill revises a reference to a sanitary landfill with a reference to 75
a municipal solid waste landfill. Section 32 of this bill prohibits a municipal solid 76
waste landfill from accepting hazardous waste from a very small quantity 77
generator. 78
Section 24 of this bill requires the Commission to adopt regulations prescribing 79
the requirements for an owner or operator of a municipal solid waste landfill or 80
solid waste management facility to demonstrate financial responsibility. 81
Section 29 of this bill provides that certain requirements for a permit relating to 82
standards of care and financial responsibility may be satisfied by a plan for 83
reclamation under certain circumstances. 84
Section 25 of this bill provides that the Division or solid waste management 85
authority may lien all real and personal property associated with a municipal solid 86
waste landfill or solid waste management facility of an owner or operator of the 87
municipal solid waste landfill or solid waste management facility. 88
Section 26 of this bill applies the definitions in existing law and section 22 89
governing the collection and disposal of solid waste to the provisions of sections 90
22-25. 91
Existing law establishes provisions governing the disposal of hazardous waste 92
through the management of hazardous waste, which is defined as the systematic 93
control of the generation, collection, storage, transportation, processing, treatment, 94
recovery and disposal of hazardous waste. (NRS 459.400-459.600) Section 39 of 95
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this bill revises: (1) the definition of the management of hazardous waste to mean 96
the systematic control of the generation, collection, storage, transportation, 97
recycling, processing, treatment, recovery or disposal of hazardous waste; and as a 98
result: (2) expands the applicability of these requirements governing hazardous 99
waste to include recycling as a method for the disposal of hazardous waste and any 100
systematic control of the generation, collection, storage, transportation, recycling, 101
processing, treatment, recovery or disposal of hazardous waste. 102
Sections 36, 40, 44, 46-51, 52 and 53 of this bill remove references to specific 103
activities constituting the management of hazardous waste. Sections 37.5, 38.5 and 104
40-41 of this bill revise certain definitions relating to the disposal of hazardous 105
waste. 106
Sections 46, 53 and 54 of this bill apply certain existing criminal and civil 107
penalties and disciplinary actions to the management of hazardous waste. 108
Section 34 of this bill defines the term “recycling” to mean the processing of 109
hazardous waste to recover materials or produce a usable product. Section 36 110
establishes that an additional purpose of the provisions of existing law governing 111
the disposal of hazardous waste includes conserving resources of material and 112
energy through the recycling or recovery of hazardous waste. 113
Section 35 of this bill provides that the Department may lien all real and 114
personal property associated with a facility for the management of hazardous waste 115
of the owner, operator or holder of a permit of the facility. 116
Section 37 of this bill applies the definitions in existing law and section 34 117
governing the disposal of hazardous waste to the provisions of sections 34 and 35. 118
Existing law requires the Commission, through the Department, to develop a 119
program to encourage the minimization of hazardous waste and the recycling or 120
reuse of hazardous waste. (NRS 459.485) Section 43 of this bill removes the 121
requirement that the program include the reuse of hazardous waste. 122
Existing law prohibits a person from constructing, substantially altering or 123
operating a facility for the treatment, storage or disposal of hazardous waste or 124
treating, storing or disposing of hazardous waste unless the person has first 125
obtained a permit from the Department. (NRS 459.515) Section 46 provides that 126
the person must only obtain a permit if the Commission has required by regulation 127
that type of facility to obtain a permit. Section 47 requires the Commission to adopt 128
regulations establishing the types of facilities for the management of hazardous 129
waste which must obtain a permit. 130
Existing law requires the Commission to adopt regulations requiring the owner 131
or operator of any facility for the treatment, storage or disposal of hazardous waste 132
to show his or her financial responsibility for the undertaking. (NRS 459.525) 133
Section 48 requires the Commission to adopt regulations establishing the types of 134
facilities for the management of hazardous waste which must show financial 135
responsibility. 136
Existing law provides that certain provisions of existing law authorizing any 137
authorized representative or employee of the Commission or Department to 138
conduct certain inspections relating to hazardous substances and authorizing the 139
Department to issue certain orders relating to hazardous substances do not apply in 140
a county whose population is less than 55,000 (currently all counties except Clark 141
County, Washoe County, Lyon County and Carson City). (NRS 459.558) Section 142
51.5 of this bill removes this exemption. 143
Existing law prohibits a person from transporting hazardous waste to a facility 144
that has not been issued a permit to treat, store or dispose of hazardous waste. (NRS 145
459.590) Section 54.5 of this bill instead prohibits a person from transporting 146
hazardous waste to a facility that has not been authorized to accept hazardous waste 147
in accordance with certain regulations adopted by the Commission. 148
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 519A of NRS is hereby amended by 1
adding thereto the provisions set forth as sections 2 to 11, inclusive, 2
of this act. 3
Sec. 2. “Beneficiation” means the dressing or processing of 4
ores to: 5
1. Regulate the size of a desired product; 6
2. Remove unwanted constituents; and 7
3. Improve the quality, purity or assay grade of a desired 8
product. 9
Sec. 3. “Discharge” has the meaning ascribed to it in 10
NRS 445A.345. 11
Sec. 4. “Facility” means all portions of a mining operation, 12
including, without limitation, the mine, waste rock piles, ore piles, 13
process components for beneficiation, processed ore disposal sites, 14
and all associated buildings and structures. The term does not 15
include any process component or non-process component that is 16
not used for mining or mineral production and has not been used 17
in the past for mining or mineral production. 18
Sec. 5. “Fluid management system” means the portion of a 19
facility constructed to contain or transport process fluids. 20
Sec. 6. “Point source” means any discernible, confined and 21
discrete conveyance from which pollutants are or may be 22
discharged, including, without limitation, any pipe, ditch, channel, 23
conduit, well, discrete fissure, container, rolling stock, 24
concentrated animal feeding operation, wheeled, track, stationary 25
or floating equipment used for earth-moving activities or vessel or 26
other floating craft. The term does not include return flows from 27
irrigated agriculture. 28
Sec. 7. “Process component” means the distinct portion of a 29
constructed facility which is a point source. 30
Sec. 8. “Process fluid” means any liquid, including, without 31
limitation, meteoric waters, which are intentionally or 32
unintentionally introduced into any part of a process component 33
for beneficiation. 34
Sec. 9. “Stabilize” means the condition in which a 35
contaminant in a material or process fluid is bound, contained or 36
treated so that the contaminant does not exhibit a potential to 37
adversely impact human health, public safety or the environment. 38
Sec. 10. 1. If the Division has reasonable cause to believe, 39
based on evidence satisfactory to the Division, that a holder of a 40
permit is violating or is about to violate the provisions of NRS 41
519A.010 to 519A.280, inclusive, and sections 2 to 11, inclusive, of 42
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this act, or a regulation adopted or order issued pursuant thereto, 1
or any term or condition of a permit issued pursuant to NRS 2
519A.180 or 519A.200 pertaining to the stabilization of process 3
fluids, and that the violation will pose imminent danger to human 4
health, public safety or the environment, the Division may, without 5
prior hearing, issue an order against the holder of the permit, 6
which: 7
(a) Temporarily suspends all or part of the permit issued under 8
NRS 519A.180 or 519A.200; 9
(b) Requires the holder of the permit to ensure all equipment 10
necessary to stabilize process fluids remain at the facility; and 11
(c) Authorizes the Division to enter the facility and stabilize the 12
process fluids at the facility. 13
2. The order issued pursuant to subsection 1 must specify: 14
(a) The provision of NRS 519A.010 to 519A.280, inclusive, 15
and sections 2 to 11, inclusive, of this act or a regulation adopted 16
or order issued pursuant thereto, or the term or condition of a 17
permit issued pursuant to NRS 519A.180 or 519A.200 which the 18
Division reasonably believes is being or is about to be violated and 19
any facts supporting this belief; 20
(b) The parts of the permit that are being suspended, if only 21
parts of the permit are suspended; and 22
(c) The actions the holder of the permit must take to correct 23
the violation. 24
3. An order issued by the Division pursuant to this section is 25
effective immediately and remains in effect until the Division 26
issues a decision pursuant to subsection 5. 27
4. The Division shall serve an order issued pursuant to 28
subsection 1 personally or by mail with delivery on the next 29
business day to the holder of the permit at his or her address as 30
shown on the records of the Division. 31
5. Unless otherwise agreed upon by the holder of the permit 32
and the Division, the Division shall hold a hearing not later than 33
10 business days after issuing the order. The Division shall issue a 34
decision not later than 5 business days after the hearing. 35
6. Unless otherwise authorized in writing by the Division, the 36
permit or parts thereof must remain suspended until the violation 37
is corrected and any costs of the Division for the stabilization of 38
the process fluids while the permit is suspended pursuant to 39
subsection 1 are compensated from the bond or other surety 40
required pursuant to NRS 519A.190 or 519A.210, as applicable, or 41
otherwise repaid to the Division. 42
Sec. 11. 1. The Division may lien all real and personal 43
property, tangible and intangible, associated with a facility of a 44
holder of a permit under NRS 519A.180 or 519A.200 for: 45
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(a) The costs incurred by the Division pursuant to section 10 1
of this act to stabilize process fluids that pose an imminent danger 2
to human health, public safety or the environment; and 3
(b) The amount of any deficiency in a bond or surety required 4
by NRS 519A.190 or 519A.210 and identified in a notice of 5
noncompliance issued pursuant to NRS 519A.270. 6
2. To perfect a lien held pursuant to subsection 1, the 7
Division shall: 8
(a) Provide notice of intent to lien to the holder of the permit 9
by certified or registered mail; 10
(b) Not later than 30 days after providing notice of intent to 11
lien pursuant to paragraph (a), provide notice of the lien to the 12
holder of the permit by certified or registered mail; and 13
(c) File notice of the lien, which must set forth, without 14
limitation, the amount of the lien: 15
(1) If on real property, in the office of the county recorder 16
of the county where the real property is located. 17
(2) If on personal property, in the Office of the Secretary of 18
State. If the notice is filed in the Office of the Secretary of State, 19
the notice must be marked, held and indexed in accordance with 20
the provisions of NRS 104.9519 as if the notice were a financing 21
statement within the meaning of the Uniform Commercial Code. 22
3. The Division shall file an amended notice of the lien which 23
must set forth, without limitation, the amount of the lien: 24
(a) Not later than 30 days after the amount of the lien 25
decreases due to payment, reimbursement or any other partial lien 26
satisfaction; and 27
(b) Not later than 90 days after the first day of any month in 28
which the amount of the lien increases due to the accrual of 29
unrecovered costs or a deficiency in a bond or other surety 30
identified in a notice of noncompliance issued pursuant to 31
NRS 519A.270. 32
4. The amount of the lien held pursuant to subsection 1 must 33
not exceed: 34
(a) The costs of the Division for reclamation and any 35
deficiency in a bond or other surety; or 36
(b) The proceeds from the sale of the real or personal property 37
associated with the facility of the holder of the permit after any 38
previously perfected security interests or judgment liens are 39
satisfied. 40
5. A security interest or judgment lien that is perfected before 41
notice of the lien is filed pursuant to subsection 2 has priority over 42
a lien perfected pursuant to this section. A perfected lien held 43
pursuant to this section has priority over all other liens and 44
encumbrances that have an interest in the: 45
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(a) Proceeds of a bond or other surety required by NRS 1
519A.190 or 519A.210; or 2
(b) Increase in the fair market value of the real or personal 3
property associated with the facility that is attributable to 4
reclamation performed by the Division, which must be measured 5
at the time of the sale or other disposition of the real or personal 6
property. 7
6. The Division shall release the lien pursuant to subsection 7 8
if: 9
(a) The costs of reclamation incurred by the Division are 10
repaid or reimbursed; 11
(b) The holder of the permit resolves the deficiency in the bond 12
or other surety identified in a notice of noncompliance issued 13
pursuant to NRS 519A.270; or 14
(c) The lien is satisfied by sale or other means. 15
7. As soon as practicable but not more than 30 days after a 16
lien is satisfied pursuant to subsection 6, the Division shall file a 17
notice of lien release: 18
(a) If on real property, in the office of the county recorder of 19
the county where the real property is located. 20
(b) If on personal property, in the Office of the Secretary of 21
State. If the notice is filed in the Office of the Secretary of State, 22
the notice must be marked, held and indexed in accordance with 23
the provisions of NRS 104.9519 as if the notice were a financing 24
statement within the meaning of the Uniform Commercial Code. 25
8. The Attorney General may, on behalf of the Division, 26
foreclose on a perfected lien in a suit brought in district court in 27
the same manner as a suit for the foreclosure of any other lien. 28
9. Nothing in this section shall be construed to limit the right 29
of the Division to bring an action to recover any costs and 30
damages for which a person is liable under the provisions of this 31
chapter. 32
Sec. 12. NRS 519A.020 is hereby amended to read as follows: 33
519A.020 As used in this chapter, unless the context otherwise 34
requires, the words and terms defined in NRS 519A.030 to 35
519A.130, inclusive, and sections 2 to 9, inclusive, of this act have 36
the meanings ascribed to them in those sections. 37
Sec. 13. NRS 519A.100 is hereby amended to read as follows: 38
519A.100 “Reclamation” means actions performed during or 39
after an exploration project or mining operation to [shape,] : 40
1. Shape, stabilize, revegetate or otherwise treat the land in 41
order to return it to a safe, stable condition consistent with the 42
establishment of a productive postmining use of the land and the 43
abandonment of a facility in a manner which ensures the public 44
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safety, as well as the encouragement of techniques which minimize 1
the adverse visual effects [.] ; or 2
2. Stabilize process fluids. 3
Sec. 14. NRS 519A.130 is hereby amended to read as follows: 4
519A.130 “Surety” means, but is not limited to, a trust fund, 5
surety bonds that guarantee performance or payment into a trust 6
fund [,] or an account held by or for the benefit of the Division, 7
letters of credit, insurance [, corporate or other guarantees of 8
performance,] or any combination of these or other forms of security 9
approved by the Director of the State Department of Conservation 10
and Natural Resources and used to ensure that reclamation will be 11
completed. 12
Sec. 15. NRS 519A.170 is hereby amended to read as follows: 13
519A.170 All fees collected by the Division pursuant to this 14
chapter, including, without limitation, the fees for an application for 15
and the issuance of a permit, must be deposited with the State 16
Treasurer for credit to the appropriate account of the Division and 17
must be used in the administration of NRS 519A.010 to 519A.280, 18
inclusive [.] , and sections 2 to 11, inclusive, of this act. All interest 19
earned on the money credited pursuant to this section must be 20
credited to the account to which the money was credited. 21
Sec. 16. NRS 519A.220 is hereby amended to read as follows: 22
519A.220 The Division shall develop a checklist to be 23
completed by applicants for a permit to engage in a mining 24
operation. The information requested by the checklist must include: 25
1. Information relating to the plan for reclamation, including: 26
(a) The proposed subsequent use of the land after the mining 27
operation is completed; 28
(b) The proposed schedule of reclamation that will be followed; 29
(c) The proposed topography of the land after the mining 30
operation is completed; 31
(d) The treatment of slopes created or affected by the mining 32
operation; 33
(e) The proposed use of impoundments; 34
(f) The kinds of access roads to be built and the manner of 35
reclamation of road sites; 36
(g) The methods of drainage that will be used during the mining 37
operation and reclamation; 38
(h) The revegetation of the land; 39
(i) The monitoring and maintenance of the reclaimed land that 40
will be performed by the operator; 41
(j) The reclamation that will be necessary as a result of instream 42
mining; 43
(k) The effect that reclamation will have on future mining in that 44
area; [and] 45
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(l) The effect of the reclamation on public safety [.] ; and 1
(m) A manual for the operation and maintenance of the fluid 2
management system. 3
2. Information relating to the mining operation and maps of the 4
area which is required by the regulations adopted by the 5
Commission pursuant to NRS 519A.160. 6
3. Other information as requested by the Administrator which 7
the Administrator determines is pertinent to the reclamation 8
activities of the mining operation. 9
Sec. 17. NRS 519A.230 is hereby amended to read as follows: 10
519A.230 1. A plan for reclamation must provide: 11
(a) That reclamation activities, particularly those relating to the 12
control of erosion, must be conducted simultaneously with the 13
mining operation to the extent practicable, and otherwise must be 14
initiated promptly upon the completion or abandonment of the 15
mining operation in any area that will not be subject to further 16
disturbance. Reclamation activities must be completed within the 17
time set by the regulations adopted by the Commission pursuant to 18
NRS 519A.160. 19
(b) For vegetative cover if appropriate to the future use of the 20
land. 21
(c) For the reclamation of all land disturbed by the exploration 22
project or mining operation to a stability comparable to that of 23
adjacent areas. 24
(d) For the stabilization of process fluids. 25
2. The operator may request the Division to grant an exception 26
for open pits and rock faces which may not be feasible to reclaim. If 27
an exception is granted, other than for a pit lake for which public 28
access is provided in a plan for reclamation pursuant to subsection 29
3, the Division shall require the operator to take sufficient measures 30
to ensure public safety. 31
3. Except as otherwise provided in this subsection, for a pit 32
lake that will have a predicted filled surface area of more than 200 33
acres, a plan for reclamation must provide, in consultation with the 34
operator and each landowner, including any federal land manager, 35
and, if feasible, for at least one point of public nonmotorized access 36
to the water level of the pit lake when the pit in which the pit lake is 37
located reaches at least 90 percent of its predicted maximum 38
capacity. This subsection: 39
(a) Must not be construed to impede the ability of any 40
landowner, including any federal land manager, of any premises on 41
which a pit lake is located to determine the final and ultimate use of 42
those premises; 43
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(b) Does not require any landowner, including any federal land 1
manager, who is consulted pursuant to this subsection to agree to 2
allow access to any pit lake; and 3
(c) Does not alter any contract or agreement entered into before 4
October 1, 2013, between an operator and a landowner, including 5
any federal land manager. 6
4. A protected person with respect to any premises for which 7
public access to a pit lake is provided in a plan for reclamation 8
pursuant to subsection 3 owes no duty to keep the premises, 9
including, without limitation, the access area and the pit lake and its 10
surroundings, safe for entry or use by any other person for 11
participation in any activity, or to give a warning of any hazardous 12
condition, activity or use of the premises to any person entering the 13
premises. 14
5. If a protected person gives permission to another person to 15
access or engage in any activity with respect to any premises 16
specified in subsection 4, the protected person does not thereby 17
extend any assurance that the premises are safe for that activity or 18
any other purpose or assume responsibility for or incur any liability 19
for any injury to any person or property caused by any act of a 20
person to whom the permission is granted. The provisions of this 21
subsection do not confer any liability upon a protected person for 22
any injury to any other person or property, whether actual or 23
implied, or create a duty of care or ground of liability for any injury 24
to any person or property. 25
6. Except in the case of an emergency, an operator shall not 26
depart from an approved plan for reclamation without prior written 27
approval from the Division. 28
7. Reclamation activities must be economically and 29
technologically practicable in achieving a safe and stable condition 30
suitable for the use of the land. 31
8. As used in this section: 32
(a) “Pit lake” means a body of water that has resulted, after the 33
completion of an exploration project or mining operation, from an 34
open pit that has penetrated the water table of the area in which the 35
pit is located. 36
(b) “Protected person” means any past or present: 37
(1) Owner of any estate or interest in any premises for which 38
public access to a pit lake is provided in a plan for reclamation 39
pursuant to subsection 3; 40
(2) Operator of all or any part of the premises, including, 41
without limitation, any entity that has conducted or is conducting a 42
mining operation or any reclamation activity with respect to the 43
premises; 44
(3) Lessee or occupant of all or any part of the premises; or 45
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(4) Contractor, subcontractor, employee or agent of any such 1
owner, operator, lessee or occupant. 2
Sec. 18. NRS 519A.240 is hereby amended to read as follows: 3
519A.240 1. If a mining operation or exploration project is 4
conducted , in whole or in part, on land administered by a federal 5
agency, [an approved] a federal plan of operations and a surety 6
approved by the federal agency that are consistent with the 7
requirements of this chapter supersede , if wholly conducted on 8
land administered by the federal agency, or substitute, if partly 9
conducted on land administered by the federal agency, the 10
requirements for a permit and bond or other surety otherwise 11
required by this chapter [. If the mining operation or exploration 12
project is conducted on a site which includes both public land and 13
privately owned land, compliance with the federal plan suffices if 14
that plan substantially provides for the reclamation and bond or 15
other surety required by this chapter.] if the applicant: 16
(a) Submits to the Division the federal plan of operations 17
determined by the federal agency to be administratively complete 18
and an estimate of the costs of reclamation of the mining 19
operation or exploration project, and any modifications thereto; 20
and 21
(b) Remedies any inconsistencies between the federal plan of 22
operations and the requirements of this chapter and any 23
regulations adopted pursuant thereto that are identified by the 24
Division. 25
2. Nothing in this section affects the requirement [for] to 26
obtain a permit set forth in NRS 519A.180 or 519A.200 or the 27
required payment of fees set forth in NRS 519A.160 or 519A.260. 28
Sec. 19. NRS 519A.270 is hereby amended to read as follows: 29
519A.270 If the Division has reason to believe that any 30
provision of NRS 519A.010 to 519A.280, inclusive, and sections 2 31
to 11, inclusive, of this act, a plan for reclamation, any condition 32
placed on a plan for reclamation or any regulation adopted by the 33
Commission pursuant to NRS 519A.160, has been violated, the 34
Division shall serve a notice of noncompliance upon the holder of 35
the permit. The notice must: 36
1. Be served personally or by registered mail addressed to the 37
holder of the permit at his or her address as shown on the records of 38
the Division; 39
2. Specify each violation; and 40
3. Set a date and time for a hearing and inform the person that 41
the person’s permit may be suspended or revoked and the person’s 42
bond or other surety forfeited upon completion of the hearing or if 43
the person fails to attend the hearing. 44
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Sec. 20. NRS 519A.280 is hereby amended to read as follows: 1
519A.280 1. Except as otherwise provided in NRS 445C.010 2
to 445C.120, inclusive, a person who violates any provision of NRS 3
519A.010 to 519A.280, inclusive, and sections 2 to 11, inclusive, of 4
this act, or any regulation adopted by the Commission pursuant to 5
NRS 519A.160, is guilty of a misdemeanor and, in addition to any 6
criminal penalty, is subject to a civil penalty imposed by the 7
Division at a hearing for which notice has been given, in an amount 8
determined pursuant to the schedule adopted by the Commission 9
pursuant to NRS 519A.160. 10
2. Any money received by the Division pursuant to subsection 11
1 must be deposited with the State Treasurer for credit to 12
the appropriate account of the Division. All interest earned on the 13
money credited pursuant to this section must be credited to the 14
account to which the money was credited. 15
3. In addition to any other remedy provided by this chapter, the 16
Division may compel compliance with any provision of NRS 17
519A.010 to 519A.280, inclusive, and sections 2 to 11, inclusive, of 18
this act, or of any regulation adopted or permit or order issued 19
pursuant to those sections, by injunction or other appropriate 20
remedy. The Division may institute and maintain in the name of the 21
State of Nevada any such enforcement proceedings. 22
Sec. 21. Chapter 444 of NRS is hereby amended by adding 23
thereto the provisions set forth as sections 22 to 25, inclusive, of this 24
act. 25
Sec. 22. “Solid waste management facility” means any place 26
that engages in any activity related to a solid waste management 27
system. The term includes, without limitation, a disposal site. 28
Sec. 23. (Deleted by amendment.) 29
Sec. 23.5. The State Environmental Commission may adopt 30
regulations establishing activities that are related to a solid waste 31
management system. Such regulations may, without limitation, 32
establish places that constitute solid waste management facilities 33
because, as determined by the Commission, the activities 34
performed at the place present a significant hazard to human 35
health, public safety or the environment if solid waste at the place 36
is managed improperly. The determination of the Commission 37
may be based upon, without limitation, the size of the activity, 38
throughput of the activity, location of the place or any other 39
relevant factor determined by the State Environmental 40
Commission. 41
Sec. 24. 1. The State Environmental Commission shall 42
adopt regulations prescribing the requirements for an owner or 43
operator of a municipal solid waste landfill or solid waste 44
management facility to demonstrate that the owner or operator is 45
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- *AB40_R1*
financially responsible for the municipal solid waste landfill or 1
solid waste management facility in accordance with subsection 4 2
of NRS 444.556. Such regulations must require the owner or 3
operator to provide: 4
(a) Evidence that the owner or operator has a policy of liability 5
insurance in an amount which the State Department of 6
Conservation and Natural Resources has determined is necessary 7
for the protection of human health, public safety and the 8
environment; 9
(b) Evidence of security, in a form and amount which the State 10
Department of Conservation and Natural Resources deems 11
necessary, to ensure that at the time of any abandonment, 12
cessation or interruption of the service provided by the municipal 13
solid waste landfill or solid waste management facility, and 14
thereafter, all appropriate measures will be taken to prevent 15
damage to human health, public safety and the environment; and 16
(c) Any other evidence of financial responsibility which the 17
State Environmental Commission finds necessary for those 18
purposes. 19
2. Requirements established pursuant to this section may not 20
exceed those requirements for financial responsibility established 21
pursuant to the Resource Conservation and Recovery Act of 1976, 22
42 U.S.C. §§ 6901 et seq. 23
3. Any claim arising from conduct for which evidence of 24
financial responsibility is required may be asserted directly against 25
the insurer, guarantor, surety or other person providing such 26
evidence if the owner or operator: 27
(a) Has filed a petition in bankruptcy, or is the object of an 28
involuntary petition; 29
(b) Cannot respond in damages in the event a judgment is 30
entered against the owner or operator; or 31
(c) Is not subject to the personal jurisdiction of any courts of 32
this or any other state, or of the United States, or cannot, with due 33
diligence, be served with process. 34
4. If a claim is asserted directly against a person providing 35
evidence of financial responsibility, that person may assert any 36
right or defense which: 37
(a) The person might have asserted in any action against him 38
or her by the owner or operator; or 39
(b) The owner or operator might have asserted, had the claim 40
been made against him or her. 41
Sec. 25. 1. The Division of Environmental Protection of the 42
State Department of Conservation and Natural Resources or the 43
solid waste management authority may lien all real and personal 44
property, tangible and intangible, associated with a municipal 45
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- *AB40_R1*
solid waste landfill or solid waste management facility of the 1
owner or operator of a municipal solid waste landfill or solid 2
waste management facility for: 3
(a) The costs incurred by the Division of Environmental 4
Protection or solid waste management authority to reduce or 5
eliminate an imminent threat to human health, public safety or the 6
environment relating to the management of hazardous waste at a 7
municipal solid waste landfill or solid waste management facility 8
of the owner or operator pursuant to subsection 1 of NRS 459.537; 9
and 10
(b) The amount of any deficiency in a security or other type of 11
financial responsibility required in accordance with the 12
regulations adopted pursuant to section 24 of this act or the 13
Resource Conservation and Recovery Act of 1976, Subtitle D, §§ 14
42 U.S.C. 6941 et seq., and any regulations adopted pursuant 15
thereto and identified in an order issued pursuant to NRS 444.592. 16
2. To perfect a lien held pursuant to subsection 1, the 17
Division of Environmental Protection or solid waste management 18
authority shall: 19
(a) Provide notice of intent to lien to the owner or operator of 20
the municipal solid waste landfill or solid waste management 21
facility by certified or registered mail; 22
(b) Not later than 30 days after providing notice of intent to 23
lien pursuant to paragraph (a), provide notice of the lien to the 24
owner or operator of the municipal solid waste landfill or solid 25
waste management facility by certified or registered mail; and 26
(c) File notice of the lien, which must set forth, without 27
limitation, the amount of the lien: 28
(1) If on real property, in the office of the county recorder 29
of the county where the real property is located. 30
(2) If on personal property, in the Office of the Secretary of 31
State. If the notice is filed in the Office of the Secretary of State, 32
the notice must be marked, held and indexed in accordance with 33
the provisions of NRS 104.9519 as if the notice were a financing 34
statement within the meaning of the Uniform Commercial Code. 35
3. The Division of Environmental Protection or solid waste 36
management authority shall file an amended notice of the lien 37
which must set forth, without limitation, the amount of the lien: 38
(a) Not later than 30 days after the amount of the lien 39
decreases due to payment, reimbursement or any other partial lien 40
satisfaction; and 41
(b) Not later than 90 days after the first day of any month in 42
which the amount of the lien increases due to the accrual of 43
unrecovered costs or a deficiency in a security or other type of 44
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- *AB40_R1*
financial responsibility identified in an order issued pursuant to 1
NRS 444.592. 2
4. The amount of the lien held pursuant to subsection 1 must 3
not exceed: 4
(a) The costs of the Division of Environmental Protection or 5
solid waste management authority for performing remediation and 6
any deficiency in a security or other type of financial 7
responsibility; or 8
(b) The proceeds from the sale of the real or personal property 9
associated with the municipal solid waste landfill or solid waste 10
management facility after any previously perfected security 11
interests or judgment liens are satisfied. 12
5. A security interest or judgment lien that is perfected before 13
notice of the lien is filed pursuant to subsection 2 has priority over 14
a lien perfected pursuant to this section. A perfected lien held 15
pursuant to this section has priority over all other liens and 16
encumbrances that have an interest in the: 17
(a) Proceeds of a security or other type of financial 18
responsibility required in accordance with the requirements 19
prescribed pursuant to section 24 of this act or the Resource 20
Conservation and Recovery Act of 1976, Subtitle D, §§ 42 U.S.C. 21
6941 et seq., and any regulations adopted pursuant thereto; or 22
(b) Increase in the fair market value of the real or personal 23
property associated with the municipal solid waste landfill or solid 24
waste management facility that is attributable to remediation 25
performed by the Division of Environmental Protection or solid 26
waste management authority, which must be measured at the time 27
of the sale or other disposition of the real or personal property. 28
6. The Division of Environmental Protection or solid waste 29
management authority shall release the lien pursuant to 30
subsection 7 if: 31
(a) The costs of remediation of the Division of Environmental 32
Protection or solid waste management authority are repaid or 33
reimbursed; 34
(b) The owner or operator of the municipal solid waste landfill 35
or solid waste management authority resolves the deficiency in the 36
security or other type of financial responsibility identified in an 37
order issued pursuant to NRS 444.592; or 38
(c) The lien is satisfied by sale or other means. 39
7. As soon as practicable but not more than 30 days after a 40
lien is satisfied pursuant to subsection 6, the Division of 41
Environmental Protection or solid waste management authority 42
shall file a notice of lien release: 43
(a) If on real property, in the office of the county recorder of 44
the county where the real property is located. 45
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- *AB40_R1*
(b) If on personal property, in the Office of the Secretary of 1
State. If the notice is filed in the Office of the Secretary of State, 2
the notice must be marked, held and indexed in accordance with 3
the provisions of NRS 104.9519 as if the notice were a financing 4
statement within the meaning of the Uniform Commercial Code. 5
8. The Attorney General or district attorney may, on behalf of 6
the Division of Environmental Protection or solid waste 7
management authority, foreclose on a perfected lien in a suit 8
brought in district court in the same manner as a suit for the 9
foreclosure of any other lien. 10
9. Nothing in this section shall be construed to limit the right 11
of the Division of Environmental Protection or solid waste 12
management authority to recover any costs and damages incurred 13
by the Division of Environmental Protection or solid waste 14
management authority for which the person, owner or operator is 15
liable under NRS 444.598. 16
Sec. 26. NRS 444.450 is hereby amended to read as follows: 17
444.450 As used in NRS 444.440 to 444.620, inclusive, and 18
sections 22 to 25, inclusive, of this act, unless the context otherwise 19
requires, the words and terms defined in NRS 444.460 to 444.501, 20
inclusive, and section 22 of this act have the meanings ascribed to 21
them in those sections. 22
Sec. 27. (Deleted by amendment.) 23
Sec. 28. (Deleted by amendment.) 24
Sec. 28.3. NRS 444.500 is hereby amended to read as follows: 25
444.500 “Solid waste management system” means the entire 26
process of the storage, collection, transportation, processing, 27
recycling [and] or disposal of solid waste. The term includes plans 28
and programs for the reduction of waste and public education. 29
Sec. 28.7. NRS 444.553 is hereby amended to read as follows: 30
444.553 1. The solid waste management authority shall, in 31
accordance with the regulations of the State Environmental 32
Commission adopted pursuant to NRS 444.560, issue permits to 33
operate solid waste management facilities, including, without 34
limitation, disposal sites. 35
2. A person shall not operate or authorize the operation of a 36
solid waste management facility, including, without limitation, a 37
disposal site , unless the operator: 38
(a) Holds a permit to operate the solid waste management 39
facility, including without limitation, a disposal site , issued by the 40
solid waste management authority; and 41
(b) Complies with the terms and conditions of the permit. 42
Sec. 29. NRS 444.556 is hereby amended to read as follows: 43
444.556 1. Before constructing or operating a municipal solid 44
waste landfill, the owner or operator of the municipal solid waste 45
– 18 –
- *AB40_R1*
landfill shall obtain a permit issued by the solid waste management 1
authority. 2
2. A permit for the construction or operation of a municipal 3
solid waste landfill is subject to the general conditions of the 4
Resource Conservation and Recovery Act of 1976, Subtitle D, 42 5
U.S.C. §§ 6941 et seq., and the regulations adopted pursuant thereto. 6
3. Any documents submitted in connection with an application 7
for a permit, including any modifications requested by the solid 8
waste management authority that require corrective action to the 9
proposed construction or operation, are public records and must be 10
made available for public comment. The final determinations made 11
by the solid waste management authority on an application for a 12
permit are public records. 13
4. [A] Except as otherwise provided in subsection 5, a permit 14
issued by a solid waste management authority must be conditioned 15
upon all requirements that are necessary to ensure continuing 16
compliance with: 17
(a) The requirements of the Resource Conservation and 18
Recovery Act of 1976, Subtitle D, 42 U.S.C. §§ 6941 et seq., and 19
the regulations adopted pursuant thereto, which describe: 20
(1) General standards for a municipal solid waste landfill; 21
(2) Restrictions on the location of such a municipal solid 22
waste landfill; 23
(3) Criteria for the operation of such a municipal solid waste 24
landfill; 25
(4) Criteria for the design of such a municipal solid waste 26
landfill; 27
(5) Requirements for monitoring groundwater and standards 28
for corrective actions related thereto; 29
(6) Standards of care related to the closure of such a 30
municipal solid waste landfill; and 31
(7) Financial responsibility requirements for the owners or 32
operators of such municipal solid waste landfills [;] pursuant to 33
section 24 of this act; 34
(b) The applicable regulations of the State Environmental 35
Commission; and 36
(c) The applicable laws of this State. 37
5. The requirements of subparagraphs (6) and (7) of 38
paragraph (a) of subsection 4 may be satisfied by a plan for 39
reclamation: 40
(a) Which has been approved by the Division of 41
Environmental Protection of the State Department of 42
Conservation and Natural Resources; and 43
(b) Complies with NRS 519A.230 and the provisions of the 44
Resource Conservation and Recovery Act of 1976, Subtitle D, 45
– 19 –
- *AB40_R1*
42 U.S.C. §§ 6941 et seq., and the regulations adopted pursuant 1
thereto. 2
6. A solid waste management authority may: 3
(a) Obtain, and the owner or operator of a municipal waste 4
landfill shall deliver upon request, any information necessary to 5
determine whether the owner or operator is or has been in 6
compliance with the terms and conditions of the permit, the 7
regulations of the State Environmental Commission, the applicable 8
laws of this State and the provisions of the Resource Conservation 9
and Recovery Act of 1976, Subtitle D, 42 U.S.C. §§ 6941 et seq., 10
and the regulations adopted pursuant thereto; 11
(b) Conduct monitoring or testing to ensure that the owner or 12
operator is or has been in compliance with the terms and conditions 13
of the permit; and 14
(c) Enter any site or premises subject to the permit, during 15
normal business hours, on which records relevant to the municipal 16
solid waste landfill are kept in order to inspect those records. 17
Sec. 30. NRS 444.557 is hereby amended to read as follows: 18
444.557 1. A solid waste management authority shall 19
establish a program to monitor the compliance of a municipal solid 20
waste landfill with the terms and conditions of the permit issued for 21
that municipal solid waste landfill, the regulations of the State 22
Environmental Commission, the applicable laws of this state and the 23
provisions of the Resource Conservation and Recovery Act of 1976, 24
Subtitle D, 42 U.S.C. §§ 6941 et seq., and the regulations adopted 25
pursuant thereto. The program must include procedures to: 26
(a) Verify the accuracy of any information submitted by the 27
owner or operator of the municipal solid waste landfill to the 28
authority; 29
(b) Verify the adequacy of sampling procedures and analytical 30
methods used by the owner or operator of the municipal solid waste 31
landfill; and 32
(c) Require the owner or operator to produce all evidence which 33
would be admissible in a proceeding to enforce compliance. 34
2. The solid waste management authority shall receive and give 35
appropriate consideration to any information submitted by members 36
of the public regarding the continuing compliance of an owner or 37
operator with the permit issued by the solid waste management 38
authority. 39
3. In the administration of any permit issued by a solid waste 40
management authority, the authority shall establish procedures that 41
permit intervention pursuant to Rule 24 of the Nevada Rules of Civil 42
Procedure. The authority shall not oppose intervention on the 43
ground that the applicant’s interest is adequately represented by the 44
solid waste management authority. 45
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Sec. 31. (Deleted by amendment.) 1
Sec. 32. NRS 444.559 is hereby amended to read as follows: 2
444.559 1. A municipal solid waste landfill shall accept a 3
recreational vehicle for disposal if: 4
[1.] (a) The person disposing of the recreational vehicle pays 5
any applicable fee and provides the title to the recreational vehicle, 6
indicating that he or she is the owner. 7
[2.] (b) Accepting the recreational vehicle for disposal does not 8
violate any applicable federal or state law or regulation relating to 9
the operation of the municipal solid waste landfill. 10
2. A municipal solid waste landfill shall not accept hazardous 11
waste from a very small quantity generator for disposal. 12
3. As used in this section, “very small quantity generator” has 13
the meaning ascribed to it in 40 C.F.R. § 260.10. 14
Sec. 32.1. NRS 444.560 is hereby amended to read as follows: 15
444.560 1. The State Environmental Commission shall adopt 16
regulations concerning solid waste management systems, or any part 17
thereof, including regulations establishing standards for the 18
issuance, renewal, modification, suspension, revocation and denial 19
of, and for the imposition of terms and conditions for, a permit to 20
construct or operate a solid waste management facility, including, 21
without limitation, a disposal site. 22
2. The State Environmental Commission may establish a 23
schedule of fees for the disposal of solid waste in areas subject to 24
the jurisdiction of the State Department of Conservation and Natural 25
Resources in accordance with NRS 444.495 or for the issuance of 26
permits or other approvals by the Department for the operation of 27
solid waste management facilities. The Department may use the 28
money collected under the schedule to defray the cost of managing 29
and regulating solid waste. 30
3. Notice of the intention to adopt and the adoption of any 31
regulation or schedule of fees must be given to the clerk of the 32
governing board of all municipalities in this State. 33
4. Within a reasonable time, as fixed by the State 34
Environmental Commission, after the adoption of any regulation, no 35
governing board of a municipality or person may operate or permit 36
an operation in violation of the regulation. 37
Sec. 32.2. NRS 444.570 is hereby amended to read as follows: 38
444.570 1. The State Department of Conservation and 39
Natural Resources shall: 40
(a) Advise, consult and cooperate with other agencies and 41
commissions of the State, other states, the Federal Government, 42
municipalities and persons in the formulation of plans for and the 43
establishment of any solid waste management system. 44
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- *AB40_R1*
(b) Accept and administer loans and grants from any person that 1
may be available for the planning, construction and operation of 2
solid waste management systems. 3
(c) Enforce the provisions of NRS 444.440 to 444.560, 4
inclusive, and any regulation adopted by the State Environmental 5
Commission pursuant thereto. 6
(d) Periodically review the programs of other solid waste 7
management authorities in the State for issuing permits pursuant to 8
NRS 444.505, 444.553 and 444.556 and ensuring compliance with 9
the terms and conditions of such permits, the regulations of the State 10
Environmental Commission, the laws of this State and the 11
provisions of the Resource Conservation and Recovery Act of 1976, 12
42 U.S.C. §§ 6941 et seq., and the regulations adopted pursuant 13
thereto. The Director of the State Department of Conservation and 14
Natural Resources shall review the adequacy of such programs in 15
accordance with the standards adopted by the United States 16
Environmental Protection Agency to review the adequacy of the 17
state program. If the Director determines that a program is 18
inadequate, the Department shall act as the solid waste management 19
authority until the deficiency is corrected. A finding by the Director 20
that a program is inadequate is not final until reviewed by the State 21
Environmental Commission. This paragraph does not limit the 22
authority or responsibility of a district board of health to issue 23
permits for solid waste management facilities, including, without 24
limitation, disposal sites , and enforce the laws of this State 25
regarding solid waste management systems. 26
(e) Make such investigations and inspections and conduct such 27
monitoring and testing as may be necessary to require compliance 28
with NRS 444.450 to 444.560, inclusive, and any regulation adopted 29
by the State Environmental Commission. 30
2. The State Environmental Commission shall: 31
(a) In cooperation with governing bodies of municipalities, 32
develop a statewide solid waste management system plan, and 33
review and revise the plan every 5 years. 34
(b) Examine and approve or disapprove plans for solid waste 35
management systems. 36
(c) Review any determination by the Director of the State 37
Department of Conservation and Natural Resources that a program 38
for issuing permits administered by a solid waste management 39
authority is inadequate. The Commission may affirm, modify or 40
reverse the findings of the Director. 41
3. Employees of the State Department of Conservation and 42
Natural Resources or its authorized representatives may, during the 43
normal hours of operation of a facility subject to the provisions of 44
– 22 –
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NRS 444.440 to 444.620, inclusive, and sections 22 to 25, 1
inclusive, of this act, enter and inspect areas of the facility where: 2
(a) Solid waste may have been [generated,] stored, collected, 3
transported, [treated] processed, recycled or disposed; or 4
(b) Records are kept, and may inspect and copy any records, 5
reports, information or test results relating to the management of the 6
solid waste. 7
Sec. 32.4. NRS 444.580 is hereby amended to read as follows: 8
444.580 Except as otherwise provided in NRS 444.559: 9
1. Any district board of health created pursuant to NRS 10
439.362 or 439.370 and any governing body of a municipality may 11
adopt standards and regulations for the location, design, 12
construction, operation and maintenance of solid waste 13
management facilities, solid waste disposal sites and solid waste 14
management systems or any part thereof more restrictive than those 15
adopted by the State Environmental Commission, and any district 16
board of health may issue permits thereunder. 17
2. Any district board of health created pursuant to NRS 18
439.362 or 439.370 may adopt such other regulations as are 19
necessary to carry out the provisions of NRS 444.440 to 444.620, 20
inclusive [.] , and sections 22 to 25, inclusive, of this act. Such 21
regulations must not conflict with regulations adopted by the State 22
Environmental Commission. 23
Sec. 32.6. NRS 444.583 is hereby amended to read as follows: 24
444.583 1. Except as otherwise provided in subsection 5 and 25
NRS 444.509, it is unlawful willfully to: 26
(a) Dispose of, abandon or dump a motor vehicle battery, motor 27
vehicle tire or motor oil at any site which has not been issued a 28
permit for that purpose by the solid waste management authority; 29
(b) Dispose of, abandon or dump a motor vehicle battery, motor 30
vehicle tire or motor oil at a [sanitary] municipal solid waste landfill 31
or other disposal site established by a municipality which has not 32
been issued a permit for that purpose by the solid waste 33
management authority; or 34
(c) Incinerate a motor vehicle battery or motor vehicle tire as a 35
means of ultimate disposal, unless the incineration is approved by 36
the solid waste management authority for the recovery of energy or 37
other appropriate use. 38
2. A person who violates the provisions of subsection 1 is 39
guilty of a misdemeanor and except as otherwise provided in NRS 40
445C.010 to 445C.120, inclusive, shall be punished by a fine of not 41
less than $100 per violation. 42
3. The State Department of Conservation and Natural 43
Resources shall establish a plan for the appropriate disposal of used 44
or waste motor vehicle batteries, motor vehicle tires and motor oil. 45
– 23 –
- *AB40_R1*
The plan must include the issuance of permits to approved sites or 1
facilities for the disposal of those items by the public. The plan may 2
include education of the public regarding the necessity of disposing 3
of these items properly and recycling them. 4
4. The State Department of Conservation and Natural 5
Resources shall encourage the voluntary establishment of authorized 6
sites which are open to the public for the deposit of used or waste 7
motor vehicle batteries, motor vehicle tires and motor oil. 8
5. The provisions of subsections 1 and 2 do not apply to the 9
disposal of used or waste motor vehicle batteries or motor vehicle 10
tires if the unavailability of a site that has been issued a permit by 11
the solid waste management authority makes disposal at such a site 12
impracticable. The provisions of this subsection do not exempt a 13
person from any other regulation of the solid waste management 14
authority concerning the disposal of used or waste motor vehicle 15
batteries or motor vehicle tires. 16
Sec. 32.8. NRS 444.592 is hereby amended to read as follows: 17
444.592 If the solid waste management authority receives 18
information that the [handling,] storage, [recycling,] collection, 19
transportation, [treatment] processing, recycling or disposal of any 20
solid waste presents or may present a threat to human health, public 21
safety or the environment, or is in violation of a term or condition of 22
a permit issued pursuant to NRS 444.505, 444.553 or 444.556, a 23
statute, a regulation or an order issued pursuant to NRS 444.594, the 24
authority may, in addition to any other remedy provided in NRS 25
444.440 to 444.620, inclusive [:] , and sections 22 to 25, inclusive, 26
of this act: 27
1. Issue an order directing the owner or operator of the solid 28
waste management facility, including, without limitation, a 29
disposal site or any other site where the [handling,] storage, 30
[recycling,] collection, transportation, [treatment] processing, 31
recycling or disposal has occurred or may occur, or any other person 32
who has custody of the solid waste, to take such steps as are 33
necessary to prevent the act or eliminate the practice which 34
constitutes the threat or violation. 35
2. Commence an action in a court of competent jurisdiction to 36
enjoin the act or practice which constitutes the threat or violation in 37
accordance with the provisions of NRS 444.600. 38
3. Take any other action designed to reduce or eliminate the 39
threat or violation. 40
Sec. 33. Chapter 459 of NRS is hereby amended by adding 41
thereto the provisions set forth as sections 34 and 35 of this act. 42
Sec. 34. “Recycling” means the processing of hazardous 43
waste to recover materials or produce a usable product. The term 44
does not include the treatment or disposal of hazardous waste. 45
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Sec. 35. 1. The Department may lien all real and personal 1
property, tangible and intangible, associated with a facility for the 2
management of hazardous waste of the owner, operator or holder 3
of a permit for: 4
(a) The costs incurred by the Department to remediate an 5
imminent and substantial hazard to human health, public safety or 6
the environment pursuant to subsection 1 of NRS 459.537; and 7
(b) The amount of any deficiency in a security or other type of 8
financial responsibility required pursuant to NRS 459.525 and 9
identified in an order issued pursuant to NRS 459.570. 10
2. To perfect a lien held pursuant to subsection 1, the 11
Department shall: 12
(a) Provide notice of intent to lien to the owner, operator or 13
holder of the permit by certified or registered mail; 14
(b) Not later than 30 days after providing notice of intent to 15
lien pursuant to paragraph (a), provide notice of the lien to the 16
owner, operator or holder of the permit by certified or registered 17
mail; and 18
(c) File notice of the lien, which must set forth, without 19
limitation, the amount of the lien: 20
(1) If on real property, in the office of the county recorder 21
of the county where the real property is located. 22
(2) If on personal property, in the Office of the Secretary of 23
State. If the notice is filed in the Office of the Secretary of State, 24
the notice must be marked, held and indexed in accordance with 25
the provisions of NRS 104.9519 as if the notice were a financing 26
statement within the meaning of the Uniform Commercial Code. 27
3. The Department shall file an amended notice of the lien 28
which must set forth, without limitation, the amount of the lien: 29
(a) Not later than 30 days after the amount of the lien 30
decreases due to payment, reimbursement or any other partial lien 31
satisfaction; and 32
(b) Not later than 90 days after the first day of any month in 33
which the amount of the lien increases due to the accrual of 34
unrecovered costs or a deficiency in a security or other type of 35
financial responsibility identified in an order issued pursuant to 36
NRS 459.570. 37
4. The amount of the lien held pursuant to subsection 1 must 38
not exceed: 39
(a) The costs of the Department for performing remediation 40
and any deficiency in a security or other type of financial 41
responsibility; or 42
(b) The proceeds from the sale of the real or personal property 43
associated with the facility after any previously perfected security 44
interests or judgment liens are satisfied. 45
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5. A security interest or judgment lien that is perfected before 1
notice of the lien is filed pursuant to subsection 2 has priority over 2
a lien perfected pursuant to this section. A perfected lien held 3
pursuant to this section has priority over all other liens and 4
encumbrances that have an interest in the: 5
(a) Proceeds of a security or other type of financial 6
responsibility required pursuant to NRS 459.525; or 7
(b) Increase in the fair market value of the real or personal 8
property associated with the facility that is attributable to 9
remediation performed by the Department, which must be 10
measured at the time of the sale or other disposition of the real or 11
personal property. 12
6. The Department shall release the lien pursuant to 13
subsection 7 if: 14
(a) The costs of remediation of the Department are repaid or 15
reimbursed; 16
(b) The owner, operator or holder of the permit resolves the 17
deficiency in the security or other type of financial responsibility 18
identified in an order issued pursuant to NRS 459.570; or 19
(c) The lien is satisfied by sale or other means. 20
7. As soon as practicable but not more than 30 days after a 21
lien is satisfied pursuant to subsection 6, the Division shall file a 22
notice of lien release: 23
(a) If on real property, in the office of the county recorder of 24
the county where the real property is located. 25
(b) If on personal property, in the Office of the Secretary of 26
State. If the notice is filed in the Office of the Secretary of State, 27
the notice must be marked, held and indexed in accordance with 28
the provisions of NRS 104.9519 as if the notice were a financing 29
statement within the meaning of the Uniform Commercial Code. 30
8. The Attorney General, on behalf of the Department, may 31
foreclose on a perfected lien in a suit brought in district court in 32
the same manner as a suit for the foreclosure of any other lien. 33
9. Nothing in this section shall be construed to limit the right 34
of the Department to recover any costs and damages for which a 35
person is liable under the provisions of this chapter. 36
Sec. 36. NRS 459.400 is hereby amended to read as follows: 37
459.400 The purposes of NRS 459.400 to 459.600, inclusive, 38
and sections 34 and 35 of this act are to: 39
1. Protect human health, public safety and the environment 40
from the effects of improper, inadequate or unsound management of 41
hazardous waste; 42
2. Establish a program for regulation of the [storage, 43
generation, transportation, treatment and disposal] management of 44
hazardous waste; [and] 45
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- *AB40_R1*
3. Ensure safe and adequate management of hazardous waste 1
[.] ; and 2
4. Conserve resources of material and energy through the 3
recycling or recovery of hazardous waste. 4
Sec. 37. NRS 459.405 is hereby amended to read as follows: 5
459.405 As used in NRS 459.400 to 459.600, inclusive, and 6
sections 34 and 35 of this act, unless the context otherwise requires, 7
the words and terms defined in NRS 459.410 to 459.455, inclusive, 8
and section 34 of this act have the meanings ascribed to them in 9
those sections. 10
Sec. 37.5. NRS 459.425 is hereby amended to read as follows: 11
459.425 “Disposal” means the discharge, deposit, injection, 12
dumping, spilling, leaking or placing of any hazardous waste into or 13
on any land or water in a manner which might allow the hazardous 14
waste or any [part of it] constituent thereof to enter the 15
environment, be emitted into the air or be discharged into any 16
[water, including any groundwater.] waters of this State, as defined 17
in NRS 445A.415. 18
Sec. 38. (Deleted by amendment.) 19
Sec. 38.5. NRS 459.432 is hereby amended to read as follows: 20
459.432 “Household waste” means waste material, including, 21
without limitation, garbage, trash and sanitary wastes in septic tanks 22
that is generated by a household, including, without limitation, a 23
single-family or multiple-unit residence, hotel, motel, bunkhouse, 24
ranger station, crew quarters, campground, picnic ground and day-25
use recreational area. The term does not include nickel, cadmium, 26
mercuric oxide, manganese, zinc-carbon , [or] lead or high-density 27
energy batteries, toxic art supplies, used motor oil, kerosene, 28
solvent-based paint, paint thinner, paint solvents, fluorescent or 29
high-intensity light bulbs, ammunition, fireworks, pesticides the use 30
of which has been prohibited or restricted or any other waste 31
generated by a household that would otherwise be defined as 32
hazardous waste pursuant to subsection 2 of NRS 459.430. 33
Sec. 39. NRS 459.435 is hereby amended to read as follows: 34
459.435 “Management of hazardous waste” means the 35
systematic control of the generation, collection, storage, 36
transportation, recycling, processing, treatment, recovery [and] or 37
disposal of hazardous waste. 38
Sec. 40. NRS 459.440 is hereby amended to read as follows: 39
459.440 “Manifest” means a document used to identify 40
hazardous waste during its transportation from between any two of 41
the points of [generation, storage, treatment and disposal,] 42
management and specifying the quantity, composition, origin, route 43
and destination of the waste. 44
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Sec. 40.5. NRS 459.450 is hereby amended to read as follows: 1
459.450 “Storage” means the containment of hazardous waste, 2
[temporarily or] for a temporary period of years, [in a manner which 3
does not constitute disposal.] at the end of which the hazardous 4
waste is transported, processed, treated, recovered, disposed of or 5
stored elsewhere. 6
Sec. 41. NRS 459.455 is hereby amended to read as follows: 7
459.455 “Treatment” means [a] any method, technique or 8
process, including neutralization, which is designed to change the 9
physical, chemical or biological character or composition of 10
hazardous waste so as to neutralize it or render it less hazardous, 11
nonhazardous, safer for transportation, storage and disposal, 12
amenable to recovery of resources of material or energy from it, or 13
reduce its volume. 14
Sec. 42. (Deleted by amendment.) 15
Sec. 43. NRS 459.485 is hereby amended to read as follows: 16
459.485 The Commission shall: 17
1. Adopt regulations [governing systems of hazardous waste 18
management,] to carry out the provisions of NRS 459.400 to 19
459.600, inclusive, and sections 34 and 35 of this act, including the 20
plan for management of hazardous waste in the entire State; and 21
2. Through the Department: 22
(a) Advise, consult and cooperate with other agencies of the 23
State, other states, the Federal Government, municipalities and other 24
persons on matters relating to formulation of plans for managing 25
hazardous waste. 26
(b) Develop a plan for management of hazardous waste in the 27
entire State. 28
(c) Develop a program to encourage the minimization of 29
hazardous waste and the recycling [or reuse] of hazardous waste by 30
persons who generate hazardous waste within Nevada. The program 31
may include grants or other financial incentives. 32
Sec. 44. NRS 459.490 is hereby amended to read as follows: 33
459.490 Regulations adopted by the Commission pursuant to 34
NRS 459.485 must be based upon studies, guidelines and 35
regulations of the Federal Government and must: 36
1. Set out mechanisms for determining whether any waste is 37
hazardous; 38
2. Govern combinations of wastes which are not compatible 39
and may not be [stored, treated or disposed of] managed together; 40
3. Govern [generation, storage, treatment and disposal] the 41
management of hazardous waste; 42
4. Govern operation and maintenance of facilities for the 43
[treatment, storage and disposal] management of hazardous waste, 44
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- *AB40_R1*
including the qualifications and requirements for ownership, 1
continuity of operation, closure and care after closing; 2
5. Provide standards for location, design and construction of 3
facilities for [treatment, storage and disposal] the management of 4
hazardous waste; 5
6. Except as otherwise provided in NRS 459.700 to 459.780, 6
inclusive, govern the transportation, packing and labeling of 7
hazardous waste in a manner consistent with regulations issued by 8
the United States Department of Transportation relating to 9
hazardous waste; 10
7. Provide procedures and requirements for the use of a 11
manifest for each shipment of hazardous waste. The procedures and 12
requirements must be applied equally to those persons who transport 13
hazardous waste generated by others and those who transport 14
hazardous waste which they have generated themselves; and 15
8. Take into account climatic and geologic variations and other 16
factors relevant to the management of hazardous waste. 17
Sec. 45. (Deleted by amendment.) 18
Sec. 46. NRS 459.515 is hereby amended to read as follows: 19
459.515 1. It is unlawful for any person to: 20
(a) Construct, substantially alter or operate any facility for the 21
[treatment, storage or disposal] management of hazardous waste; or 22
(b) [Treat, store or dispose of] Manage any hazardous waste, 23
unless the person has first obtained a permit from the Department 24
to do so [.] , if a permit is required for that type of facility for the 25
management of hazardous waste by the regulations adopted by the 26
Commission pursuant to NRS 459.520. 27
2. A person who: 28
(a) Conducts an activity for which a permit is required pursuant 29
to this section, and is doing so on the effective date of the 30
regulations establishing procedures for the system of permits; and 31
(b) Has made an application for a permit, 32
shall be deemed to have been issued a permit until his or her 33
application has been acted upon, unless a delay in that action was 34
caused by the person’s failure to furnish information which was 35
reasonably requested or required for the processing of the 36
application. 37
3. The Commission may require a person who is conducting an 38
activity pursuant to subsection 2 to comply with requirements which 39
it has specified by regulation before a permit is issued. 40
Sec. 47. NRS 459.520 is hereby amended to read as follows: 41
459.520 1. The Commission shall adopt regulations [for] : 42
(a) Establishing the types of facilities for the management of 43
hazardous waste which must obtain a permit; and 44
– 29 –
- *AB40_R1*
(b) For the granting, renewal, modification, suspension, 1
revocation and denial of such permits. 2
2. If the local government within whose territory a facility for 3
the [treatment, storage or disposal] management of hazardous waste 4
is to be located requires that a special use permit or other 5
authorization be obtained for such a facility or activity, the 6
application to the Department for a permit to operate such a facility 7
must show that local authorization has been obtained. This 8
requirement does not apply to an application for a permit to 9
construct a utility facility that is subject to the provisions of NRS 10
704.820 to 704.900, inclusive. 11
3. Permits may contain terms and conditions which the 12
Department considers necessary and which conform to the 13
provisions of regulations adopted by the Commission. 14
4. Permits may be issued for any period of not more than 10 15
years. 16
5. A permit may not be granted or renewed if the Director 17
determines that granting or renewing the permit is inconsistent with 18
any regulation of the Commission relating to hazardous waste or 19
with the plan for management of hazardous waste developed 20
pursuant to NRS 459.485. The provisions of this subsection do not 21
apply to a permit granted or under review before July 1, 1987. 22
6. The Department may suspend or revoke a permit pursuant to 23
the Commission’s regulations if the holder of the permit fails or 24
refuses to comply with the terms of the permit or a regulation of the 25
Commission relating to hazardous waste. 26
7. A permit may not be granted, renewed or modified for a 27
facility for the disposal of hazardous waste that proposes to 28
construct or operate a landfill unless the Director determines that the 29
landfill is or will be constructed to include at least one liner and a 30
leachate collection and removal system designed to prevent the 31
migration of waste or leachate to the adjacent subsurface soils, 32
groundwater and surface water. 33
8. As used in this section: 34
(a) “Landfill” means a disposal facility or part of a facility 35
where hazardous waste is placed in or on land and which is not a 36
pile, a land-treatment facility, a surface impoundment, an 37
underground-injection well, a salt-dome formation, a salt-bed 38
formation, an underground mine or a cave. 39
(b) “Leachate” means any liquid, including any suspended 40
components in the liquid, that has percolated through or drained 41
from a landfill. 42
(c) “Leachate collection and removal system” means a layer of 43
granular or synthetic materials installed above a liner and operated 44
– 30 –
- *AB40_R1*
in conjunction with drains, pipes, sumps and pumps or other means 1
designed to collect and remove leachate from a landfill. 2
(d) “Liner” means a continuous layer of artificially created 3
material installed beneath and on the sides of a landfill which 4
restricts the downward or lateral escape of hazardous waste, 5
hazardous waste constituents or leachate, and prevents the migration 6
of waste to the adjacent subsurface soils, groundwater and surface 7
water. 8
Sec. 48. NRS 459.525 is hereby amended to read as follows: 9
459.525 1. The Commission shall adopt regulations 10
[requiring that] : 11
(a) Establishing the types of facilities for the management of 12
hazardous waste for which the owner or operator of [any] a facility 13
for the [treatment, storage or disposal] management of hazardous 14
waste must show his or her financial responsibility for the 15
undertaking [by providing:] ; and 16
(b) Requiring the owner or operator to provide: 17
[(a)] (1) Evidence that the owner or operator has a policy of 18
liability insurance in an amount which the Department has 19
determined is necessary for the protection of human health, public 20
safety and the environment; 21
[(b)] (2) Evidence of security, in a form and amount which the 22
Department deems necessary, to ensure that at the time of any 23
abandonment, cessation or interruption of the service provided by 24
the facility, and thereafter, all appropriate measures will be taken to 25
prevent damage to human health, public safety and the environment; 26
and 27
[(c)] (3) Any other evidence of financial responsibility which 28
the Commission finds necessary for those purposes. 29
2. Requirements established pursuant to this section may not 30
exceed those requirements for financial responsibility established 31
pursuant to the Resource Conservation and Recovery Act of 1976, 32
42 U.S.C. §§ 6901 et seq. 33
3. Any claim arising from conduct for which evidence of 34
financial responsibility is required may be asserted directly against 35
the insurer, guarantor, surety or other person providing such 36
evidence if the owner or operator: 37
(a) Has filed a petition in bankruptcy, or is the object of an 38
involuntary petition; 39
(b) Cannot respond in damages in the event a judgment is 40
entered against the owner or operator; or 41
(c) Is not subject to the personal jurisdiction of any court of this 42
or any other state, or of the United States, or cannot, with due 43
diligence, be served with process. 44
– 31 –
- *AB40_R1*
4. If a claim is asserted directly against a person providing 1
evidence of financial responsibility, that person may assert any right 2
or defense which: 3
(a) The person might have asserted in any action against him or 4
her by the owner or operator; or 5
(b) The owner or operator might have asserted, had the claim 6
been made against him or her. 7
Sec. 49. NRS 459.537 is hereby amended to read as follows: 8
459.537 1. If the person responsible for a leak or spill of or 9
an accident or motor vehicle crash involving hazardous waste, 10
hazardous material or a regulated substance does not act promptly 11
and appropriately to clean and decontaminate the affected area 12
properly, and if his or her inaction presents an imminent and 13
substantial hazard to human health, public safety or the 14
environment, money from the Account for the Management of 15
Hazardous Waste may be expended to pay the costs of: 16
(a) Responding to the leak, spill, accident or crash; 17
(b) Coordinating the efforts of state, local and federal agencies 18
responding to the leak, spill, accident or crash; 19
(c) Managing the cleaning and decontamination of an area for 20
the [disposal] management of hazardous waste or the site of the 21
leak, spill, accident or crash; 22
(d) Removing or contracting for the removal of hazardous 23
waste, hazardous material or a regulated substance which presents 24
an imminent danger to human health, public safety or the 25
environment; or 26
(e) Services rendered in responding to the leak, spill, accident or 27
crash, by consultants certified pursuant to regulations adopted by the 28
Commission. 29
2. Except as otherwise provided in this subsection or NRS 30
459.610 to 459.658, inclusive, the Director shall demand 31
reimbursement of the Account for money expended pursuant to 32
subsection 1 from any person who is responsible for the accident, 33
crash, leak or spill, or who owns or controls the hazardous waste, 34
hazardous material or a regulated substance, or the area used for the 35
[disposal] management of the waste, material or substance. 36
Payment of the reimbursement is due within 60 days after the person 37
receives notice from the Director of the amount due. The provisions 38
of this section do not apply to a spill or leak of or an accident or 39
motor vehicle crash involving natural gas or liquefied petroleum gas 40
while it is under the responsibility of a public utility. 41
3. At the request of the Director, the Attorney General shall 42
initiate recovery by legal action of the amount of any unpaid 43
reimbursement plus interest at a rate determined pursuant to NRS 44
17.130 computed from the date of the incident. 45
– 32 –
- *AB40_R1*
4. As used in this section: 1
(a) “Does not act promptly and appropriately” means that the 2
person: 3
(1) Cannot be notified of the incident within 2 hours after the 4
initial attempt to contact the person; 5
(2) Does not, within 2 hours after receiving notification of 6
the incident, make an oral or written commitment to clean and 7
decontaminate the affected area properly; 8
(3) Does not act upon the commitment within 24 hours after 9
making it; 10
(4) Does not clean and decontaminate the affected area 11
properly; or 12
(5) Does not act immediately to clean and decontaminate the 13
affected area properly, if his or her inaction presents an imminent 14
and substantial hazard to human health, public safety or the 15
environment. 16
(b) “Responding” means any efforts to mitigate, attempt to 17
mitigate or assist in the mitigation of the effects of a leak or spill of 18
or an accident or motor vehicle crash involving hazardous waste, 19
hazardous material or a regulated substance, including, without 20
limitation, efforts to: 21
(1) Contain and dispose of the hazardous waste, hazardous 22
material or regulated substance. 23
(2) Clean and decontaminate the area affected by the leak, 24
spill, accident or crash. 25
(3) Investigate the occurrence of the leak, spill, accident or 26
crash. 27
Sec. 50. NRS 459.546 is hereby amended to read as follows: 28
459.546 1. Except as otherwise provided in subsection 4, the 29
owner or operator of a facility for the [treatment, storage or 30
disposal] management of hazardous waste or a person who wishes 31
to construct such a facility may apply to the Commission for a 32
variance from its applicable regulations. The Commission may grant 33
a variance only if, after a public hearing on due notice, it finds from 34
a preponderance of the evidence that: 35
(a) The facility or proposed facility, under the worst adverse 36
conditions, does not or will not endanger or tend to endanger the 37
environment and human health or safety; and 38
(b) Compliance with the regulations would produce serious 39
hardship without equal or greater benefits to the environment or 40
public. 41
2. The Commission shall not grant a variance unless it has 42
considered in the following order of priority the interests of: 43
(a) The public; 44
– 33 –
- *AB40_R1*
(b) Other owners of property likely to be affected by the 1
emissions or discharge; and 2
(c) The applicant. 3
3. The Commission may: 4
(a) Upon granting a variance, impose certain conditions upon 5
the applicant; or 6
(b) Revoke the variance if the applicant fails to comply with 7
those conditions. 8
4. The Commission shall not grant a variance from its 9
applicable regulations that would allow a facility for the disposal of 10
hazardous waste to construct or operate a landfill in a manner that 11
fails to comply with the requirements of subsection 7 of 12
NRS 459.520. 13
Sec. 51. NRS 459.550 is hereby amended to read as follows: 14
459.550 1. The Commission shall adopt regulations which 15
require licensees to keep records and submit reports on hazardous 16
waste and which prescribe procedures for: 17
(a) Installing, calibrating, using and maintaining monitoring 18
equipment or other methods for obtaining data on hazardous wastes; 19
(b) Taking samples and performing tests and analyses; 20
(c) Establishing and maintaining suitable records; and 21
(d) Making reports to the Department. 22
2. It is unlawful for any person to [generate, store, transport, 23
treat or dispose of] manage hazardous waste without reporting each 24
activity to the Department in accordance with regulations adopted 25
by the Commission. 26
Sec. 51.5. NRS 459.558 is hereby amended to read as follows: 27
459.558 1. The provisions of NRS 459.560 and 459.565 that 28
concern hazardous substances do not apply: 29
(a) [In a county whose population is less than 55,000; 30
(b)] To mining or agricultural activities; or 31
[(c)] (b) To other facilities or locations where the quantity of 32
any one hazardous substance at any one facility or location does not 33
exceed 1,000 kilograms at any time. 34
2. All other provisions of NRS 459.560 and 459.565, including 35
the provisions concerning hazardous waste, apply to [all counties 36
and] all industries without regard to volume. 37
Sec. 52. NRS 459.560 is hereby amended to read as follows: 38
459.560 Any authorized representative or employee of the 39
Commission or the Department may, for the purpose of carrying out 40
his or her duties pursuant to NRS 459.400 to 459.600, inclusive, 41
and sections 34 and 35 of this act, or to enforce a regulation 42
adopted pursuant to those sections: 43
1. Enter any place where waste or a substance which the 44
Department has reason to believe may be hazardous waste or a 45
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- *AB40_R1*
hazardous substance is or may have been [generated, stored, 1
transported, treated, disposed of] managed or otherwise handled; 2
2. Inspect and obtain samples of any waste or substance which 3
the Department has reason to believe may be hazardous waste or a 4
hazardous substance, including samples from any vehicle in which 5
waste or substance is being transported, and samples of containers 6
and labels; and 7
3. Inspect and copy any records, reports, information or test 8
results relating to the management of hazardous wastes or hazardous 9
substances. 10
Sec. 53. NRS 459.565 is hereby amended to read as follows: 11
459.565 1. If the Department receives information that the 12
[handling, storage, transportation, treatment or disposal] the 13
management of any waste or hazardous substance may present an 14
imminent and substantial hazard to human health, public safety or 15
the environment, it may: 16
(a) Issue an order directing the owner or operator of the facility 17
for [treatment, storage or disposal] the management of the waste 18
or the owner or operator of any site where the [treatment, storage or 19
disposal] management of a hazardous substance has occurred or 20
may occur or any other person who has custody of the waste 21
or hazardous substance to take necessary steps to prevent the act or 22
eliminate the practice which constitutes the hazard. 23
(b) Order a site assessment to be conducted and a remediation 24
plan to be developed pursuant to regulations adopted by the 25
Commission. 26
(c) Assess costs and expenses incurred by the Department in 27
carrying out the provisions of this section or in removing, correcting 28
or terminating any hazard to human health, public safety or the 29
environment pursuant to regulations adopted by the Commission. 30
(d) Request that the Attorney General commence an action to 31
enjoin the practices or acts which constitute the hazard. 32
(e) Take any other action designed to reduce or eliminate the 33
hazard. 34
2. The Department may perform inspections pursuant to NRS 35
459.560 and issue an order directing the owner or operator of the 36
facility for [treatment, storage or disposal] the management of 37
waste or the owner or operator of any site where the [treatment, 38
storage or disposal] management of a hazardous substance has 39
occurred or may occur or any other person who has custody of the 40
waste or hazardous substance to take any necessary steps to prevent 41
any act or eliminate any practice or effect which could constitute a 42
hazard to human health, public safety or the environment. 43
– 35 –
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Sec. 54. NRS 459.585 is hereby amended to read as follows: 1
459.585 1. Any person who violates or contributes to a 2
violation of any provision of NRS 459.400 to 459.560, inclusive, 3
and section 34 of this act, NRS 459.590 or of any regulation 4
adopted or permit or order issued pursuant to those sections, or who 5
does not take action to correct a violation within the time specified 6
in an order, is liable to the Department for a civil penalty of not 7
more than $25,000 for each day on which the violation occurs. This 8
penalty is in addition to any other penalty provided by NRS 459.400 9
to 459.600, inclusive [.] and sections 34 and 35 of this act. 10
2. The Department may recover, in the name of the State of 11
Nevada, actual damages which result from a violation, in addition to 12
the civil penalty provided in this section. The damages may include 13
expenses incurred by the Department in removing, correcting or 14
terminating any adverse effects which resulted from the violation 15
and compensation for any fish, aquatic life or other wildlife 16
destroyed as a result of the violation. 17
3. In addition to any other remedy provided by this chapter, the 18
Department may compel compliance with any provision of NRS 19
459.400 to 459.560, inclusive, and section 34 of this act, NRS 20
459.590 or of any regulation adopted or permit or order issued 21
pursuant to those sections, by injunction or other appropriate 22
remedy. The Department may institute and maintain in the name of 23
the State of Nevada any such enforcement proceedings. 24
Sec. 54.5. NRS 459.590 is hereby amended to read as follows: 25
459.590 It is unlawful for any person to transport hazardous 26
waste: 27
1. Without a manifest that complies with regulations adopted 28
by the Commission; 29
2. That does not conform to the description of the waste 30
specified in the manifest; 31
3. In a manner that does not conform to the manner of 32
shipment described in the manifest; or 33
4. To a facility that has not been [issued a permit to treat, store 34
or dispose of] authorized by the Commission to accept the 35
hazardous waste described in the manifest [.] in accordance with 36
the regulations adopted pursuant to NRS 459.485 and 459.490. 37
Sec. 55. (Deleted by amendment.) 38
Sec. 56. This act becomes effective upon passage and 39
approval. 40
H