REQUIRES TWO-THIRDS MAJORITY VOTE
(§§ 10, 38, 39, 45, 49 & NRS 459.500,
459.512, 459.537, 459.548, 459.634)
A.B. 40
- *AB40*
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 a summary
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; requiring the
State Environmental 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
municipal solid waste landfills applicable to solid waste
management facilities establishing recycling as a method
of disposal for hazardous waste; providing penalties; and
providing other matters properly relating thereto.
– 2 –
- *AB40*
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 a summary order if the 9
Division has reasonable cause to believe that a person is about to violate certain 10
provisions of existing law relating to the reclamation of land. 11
Section 11 of this bill provides that, upon the issuance of a notice of 12
noncompliance or a summary order to a person holding a permit for an exploration 13
project or mining operation, the Division has a lien on all real and personal property 14
of the person. 15
Section 12 of this bill applies the definitions in existing law and sections 2-9 16
governing reclamation to the provisions of sections 10 and 11. 17
Section 15 of this bill authorizes certain fees collected by the Division that are 18
used to administer the provisions of existing law relating to reclamation to also be 19
used to administer the provisions of sections 2-11. 20
Existing law requires an applicant for a permit to engage in a mining operation 21
to, amongst other requirements, complete a checklist developed by the Division and 22
file a plan for reclamation with the application. (NRS 519A.210, 519A.220) 23
Section 16 of this bill requires that the information requested by the checklist 24
include a manual for the operation and maintenance of the fluid management 25
system for the mining operation. Section 17 of this bill requires a plan for 26
reclamation to provide for the stabilization of process fluids. 27
Existing law provides that if an exploration project or a mining operation are 28
conducted on: (1) land administered by a federal agency, an approved federal plan 29
of operations and surety that are consistent with certain requirements supersedes 30
certain requirements for a permit and bond or other surety; or (2) both public land 31
and privately owned land, compliance with the approved federal plan of operations 32
is sufficient if that plan substantially provides for the reclamation and bond or other 33
surety required by existing law. (NRS 519A.240) Section 18 of this bill requires the 34
Division to approve: (1) any parts of a federal plan of operations and surety 35
approved by a federal agency for an exploration project or a mining operation 36
conducted on land administered by a federal agency that include the stabilization of 37
process fluids; and (2) a federal plan of operations and surety approved by a federal 38
agency for an exploration project or a mining operation conducted on a site that 39
includes both public and privately owned land. 40
Sections 19 and 20 of this bill apply certain disciplinary actions and criminal 41
penalties to the provisions of sections 2-11. 42
Existing law requires the owner or operator of a municipal solid waste landfill 43
to obtain a permit from a solid waste management authority before constructing or 44
operating the municipal solid waste landfill. The permit must be conditioned upon 45
all requirements necessary to ensure compliance with certain federal laws 46
governing solid waste, including financial requirements for the owners and 47
operators of municipal solid waste landfills. (NRS 444.465, 444.556) Section 28 of 48
this bill revises the definition of the term “municipal solid waste landfill” to 49
exclude a landfill that receives waste from a very small quantity generator. Section 50
23 of this bill defines the term “very small quantity generator.” 51
Section 29 of this bill requires the owner or operator of a solid waste 52
management facility to also obtain a permit from a solid waste management 53
– 3 –
- *AB40*
authority. Sections 30-32 of this bill apply certain other requirements in existing 54
law governing municipal solid waste landfills to solid waste management facilities. 55
Section 22 of this bill defines the term “solid waste management facility” to 56
mean a facility or location that engages in any activity related to a solid waste 57
management system. Section 27 of this bill revises the definition of the term 58
“disposal site” to include a solid waste management facility. 59
Section 24 of this bill requires the State Environmental Commission to adopt 60
regulations prescribing the requirements for an owner or operator of a municipal 61
solid waste landfill or solid waste management facility to demonstrate financial 62
responsibility. 63
Section 29 also provides that certain requirements for a permit relating to 64
standards of care and financial responsibility may be satisfied by a plan for 65
reclamation under certain circumstances. 66
Section 25 of this bill provides that, upon the issuance of an order or action 67
taken by a solid waste management authority under existing law, the Division or 68
solid waste management authority has a lien on all real and personal property of the 69
person who is the subject of the order or action. 70
Section 26 of this bill applies the definitions in existing law and sections 22 71
and 23 governing the collection and disposal of solid waste to the provisions of 72
sections 22-25. 73
Existing law establishes provisions governing the disposal of hazardous waste 74
through the generation, collection, storage, transportation, processing, treatment, 75
recovery and disposal of hazardous waste. (NRS 459.400-459.600) Sections 36, 76
38-45 and 47-52 of this bill expand the applicability of these requirements 77
governing hazardous waste to include recycling as a method for the disposal of 78
hazardous waste. Sections 46 and 53-55 of this bill apply certain existing criminal 79
and civil penalties and disciplinary actions to the recycling of hazardous waste. As 80
a result of the inclusion of recycling, certain existing fees and reimbursements 81
relating to the management of hazardous waste also apply to the recycling of 82
hazardous waste. (NRS 459.500, 459.512, 459.537, 459.548, 459.634) 83
Section 34 of this bill defines the term “recycling” to mean the process of using 84
hazardous waste to recover materials or produce a usable product. 85
Section 35 of this bill provides that upon the issuance of an order under certain 86
provisions of existing law, the Department has a lien on all real and personal 87
property of the person who is the subject of the order. 88
Section 37 of this bill applies the definitions in existing law and section 34 89
governing the disposal of hazardous waste to the provisions of sections 34 and 35. 90
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
– 4 –
- *AB40*
Sec. 3. “Discharge” has the meaning ascribed to it 1
NRS 445A.345. 2
Sec. 4. “Facility” means all portions of a mining operation, 3
including, without limitation, the mine, waste rock piles, ore piles, 4
process components for beneficiation, processed ore disposal sites, 5
and all associated buildings and structures. The term does not 6
include any process component or non-process component that is 7
not used for mining or mineral production and has not been used 8
in the past for mining or mineral production. 9
Sec. 5. “Fluid management system” means the portion of a 10
facility constructed to contain or transport process fluids. 11
Sec. 6. “Point source” means any discernible, confined and 12
discrete conveyance from which pollutants are or may be 13
discharged, including, without limitation, any pipe, ditch, channel, 14
conduit, well, discrete fissure, container, rolling stock, 15
concentrated animal feeding operation, wheeled, track, stationary 16
or floating equipment used for earth-moving activities or vessel or 17
other floating craft. The term does not include return flows from 18
irrigated agriculture. 19
Sec. 7. “Process component” means the distinct portion of a 20
constructed facility which is a point source. 21
Sec. 8. “Process fluid” means any liquid, including, without 22
limitation, meteoric waters, which are intentionally or 23
unintentionally introduced into any part of a process component 24
for beneficiation. 25
Sec. 9. “Stabilize” means the condition in which a 26
contaminant in a material or process fluid are bound, contained 27
or treated so that the contaminant does not exhibit a potential to 28
adversely impact human health, public safety or the environment. 29
Sec. 10. 1. If the Division has reasonable cause to believe, 30
based on evidence satisfactory to the Division, that a person is 31
about to violate the provisions of NRS 519A.010 to 519A.280, 32
inclusive, and sections 2 to 11, inclusive, of this act, or a 33
regulation adopted or order issued pursuant thereto, or any term 34
or condition of a permit issued pursuant to NRS 519A.180 or 35
519A.200 pertaining to the stabilization of process fluids, and that 36
the violation will pose imminent danger to human health, public 37
safety or the environment, the Division may, without prior 38
hearing, issue a summary order against the person, which: 39
(a) Suspends a permit issued under NRS 519A.180 or 40
519A.200; 41
(b) Requires the person to ensure all equipment necessary to 42
stabilize process fluids remain at the facility; and 43
(c) Authorizes the Division to enter the facility and continue 44
stabilizing the process fluids at the facility. 45
– 5 –
- *AB40*
2. The summary order issued pursuant to subsection 1 must 1
specify the provision of NRS 519A.010 to 519A.280, inclusive, and 2
sections 2 to 11, inclusive, of this act or a regulation adopted or 3
order issued pursuant thereto, or the term or condition of a permit 4
issued pursuant to NRS 519A.180 or 519A.200 which the Division 5
reasonably believes is about to be violated. 6
3. An order issued by the Division pursuant to this section is 7
effective immediately and remains in effect until the Division 8
issues a decision pursuant to subsection 5. 9
4. The Division shall serve a summary order issued pursuant 10
to subsection 1 personally or by mail with delivery on the next 11
business day to the holder of the permit at his or her address as 12
shown on the records of the Division. 13
5. Unless otherwise agreed upon by the holder of the permit 14
and the Division, the Division shall hold a hearing not later than 15
10 business days after issuing the summary order. The Division 16
shall issue a decision not later than 5 business days after the 17
hearing. 18
6. The Division shall not reinstate the permit until any costs 19
of the Division for the management of the process fluids while the 20
permit is suspended pursuant to subsection 1 are compensated 21
from the bond or other surety required pursuant to NRS 519A.190 22
or 519A.210, as applicable, or otherwise repaid to the Division. 23
Sec. 11. 1. Upon the issuance of a notice of noncompliance 24
pursuant to NRS 519A.270 or a summary order pursuant to 25
section 10 of this act to a holder of a permit under NRS 519A.180 26
or 519A.200, the Division has a lien on all real and personal 27
property, tangible and intangible, of the holder. 28
2. To perfect a lien held pursuant to subsection 1, the 29
Division shall: 30
(a) Provide notice of the lien to the holder of the permit by 31
certified or registered mail; and 32
(b) File notice of the lien: 33
(1) If on real property, in the office of the county recorder 34
of the county where the real property is located; and 35
(2) If on personal property, in the Office of the Secretary of 36
State. 37
3. The amount of the lien held pursuant to subsection 1 must 38
not exceed: 39
(a) The unrecovered costs incurred by the Division for 40
performing reclamation; or 41
(b) If the property is marketable because of reclamation 42
performed by the Division, the difference between the fair market 43
value of the property at the time of the disposition of the property 44
– 6 –
- *AB40*
and the fair market value of the property before reclamation was 1
performed by the Division. 2
4. A security interest or judgment lien that is perfected before 3
notice of the lien is filed pursuant to subsection 2 has priority over 4
a lien perfected pursuant to this section. A perfected lien held 5
pursuant to this section has priority over all other liens and 6
encumbrances that have an interest in the property if the property 7
is: 8
(a) Held in trust or as part of a bond in accordance with the 9
requirements for a bond or other surety set forth in NRS 519A.190 10
or 519A.210; or 11
(b) Marketable due to reclamation performed by the Division. 12
5. The lien perfected pursuant to subsection 2 continues as a 13
lien against the property of the holder of the permit until: 14
(a) The notice of noncompliance is resolved or the permit is 15
reinstated and the costs of reclamation incurred by the Division 16
are repaid; or 17
(b) The Division releases the lien. 18
6. The Division may recover the lienable amount in an action 19
brought in the First Judicial District Court or in the district court 20
in the county in which the reclamation costs were incurred. 21
7. Nothing in this section shall be construed to limit the right 22
of the Division to bring an action to recover any costs and 23
damages for which a person is liable under the provisions of this 24
chapter. 25
Sec. 12. NRS 519A.020 is hereby amended to read as follows: 26
519A.020 As used in this chapter, unless the context otherwise 27
requires, the words and terms defined in NRS 519A.030 to 28
519A.130, inclusive, and sections 2 to 11, inclusive, of this act 29
have the meanings ascribed to them in those sections. 30
Sec. 13. NRS 519A.100 is hereby amended to read as follows: 31
519A.100 “Reclamation” means actions performed during or 32
after an exploration project or mining operation to [shape,] : 33
1. Shape, stabilize, revegetate or otherwise treat the land in 34
order to return it to a safe, stable condition consistent with the 35
establishment of a productive postmining use of the land and the 36
abandonment of a facility in a manner which ensures the public 37
safety, as well as the encouragement of techniques which minimize 38
the adverse visual effects [.] ; or 39
2. Stabilize process fluids. 40
Sec. 14. NRS 519A.130 is hereby amended to read as follows: 41
519A.130 “Surety” means, but is not limited to, a trust fund, 42
surety bonds that guarantee performance or payment into a trust 43
fund [,] or an account held by or for the benefit of the Division, 44
letters of credit, insurance, [corporate or other guarantees of 45
– 7 –
- *AB40*
performance,] or any combination of these or other forms of security 1
approved by the Director of the State Department of Conservation 2
and Natural Resources and used to ensure that reclamation will be 3
completed. 4
Sec. 15. NRS 519A.170 is hereby amended to read as follows: 5
519A.170 All fees collected by the Division pursuant to this 6
chapter, including, without limitation, the fees for an application for 7
and the issuance of a permit, must be deposited with the State 8
Treasurer for credit to the appropriate account of the Division and 9
must be used in the administration of NRS 519A.010 to 519A.280, 10
inclusive [.] , and sections 2 to 11, inclusive, of this act. All interest 11
earned on the money credited pursuant to this section must be 12
credited to the account to which the money was credited. 13
Sec. 16. NRS 519A.220 is hereby amended to read as follows: 14
519A.220 The Division shall develop a checklist to be 15
completed by applicants for a permit to engage in a mining 16
operation. The information requested by the checklist must include: 17
1. Information relating to the plan for reclamation, including: 18
(a) The proposed subsequent use of the land after the mining 19
operation is completed; 20
(b) The proposed schedule of reclamation that will be followed; 21
(c) The proposed topography of the land after the mining 22
operation is completed; 23
(d) The treatment of slopes created or affected by the mining 24
operation; 25
(e) The proposed use of impoundments; 26
(f) The kinds of access roads to be built and the manner of 27
reclamation of road sites; 28
(g) The methods of drainage that will be used during the mining 29
operation and reclamation; 30
(h) The revegetation of the land; 31
(i) The monitoring and maintenance of the reclaimed land that 32
will be performed by the operator; 33
(j) The reclamation that will be necessary as a result of instream 34
mining; 35
(k) The effect that reclamation will have on future mining in that 36
area; [and] 37
(l) The effect of the reclamation on public safety [.] ; and 38
(m) A manual for the operation and maintenance of the fluid 39
management system. 40
2. Information relating to the mining operation and maps of the 41
area which is required by the regulations adopted by the 42
Commission pursuant to NRS 519A.160. 43
– 8 –
- *AB40*
3. Other information as requested by the Administrator which 1
the Administrator determines is pertinent to the reclamation 2
activities of the mining operation. 3
Sec. 17. NRS 519A.230 is hereby amended to read as follows: 4
519A.230 1. A plan for reclamation must provide: 5
(a) That reclamation activities, particularly those relating to the 6
control of erosion, must be conducted simultaneously with the 7
mining operation to the extent practicable, and otherwise must be 8
initiated promptly upon the completion or abandonment of the 9
mining operation in any area that will not be subject to further 10
disturbance. Reclamation activities must be completed within the 11
time set by the regulations adopted by the Commission pursuant to 12
NRS 519A.160. 13
(b) For vegetative cover if appropriate to the future use of the 14
land. 15
(c) For the reclamation of all land disturbed by the exploration 16
project or mining operation to a stability comparable to that of 17
adjacent areas. 18
(d) For the stabilization of process fluids. 19
2. The operator may request the Division to grant an exception 20
for open pits and rock faces which may not be feasible to reclaim. If 21
an exception is granted, other than for a pit lake for which public 22
access is provided in a plan for reclamation pursuant to subsection 23
3, the Division shall require the operator to take sufficient measures 24
to ensure public safety. 25
3. Except as otherwise provided in this subsection, for a pit 26
lake that will have a predicted filled surface area of more than 200 27
acres, a plan for reclamation must provide, in consultation with the 28
operator and each landowner, including any federal land manager, 29
and, if feasible, for at least one point of public nonmotorized access 30
to the water level of the pit lake when the pit in which the pit lake is 31
located reaches at least 90 percent of its predicted maximum 32
capacity. This subsection: 33
(a) Must not be construed to impede the ability of any 34
landowner, including any federal land manager, of any premises on 35
which a pit lake is located to determine the final and ultimate use of 36
those premises; 37
(b) Does not require any landowner, including any federal land 38
manager, who is consulted pursuant to this subsection to agree to 39
allow access to any pit lake; and 40
(c) Does not alter any contract or agreement entered into before 41
October 1, 2013, between an operator and a landowner, including 42
any federal land manager. 43
4. A protected person with respect to any premises for which 44
public access to a pit lake is provided in a plan for reclamation 45
– 9 –
- *AB40*
pursuant to subsection 3 owes no duty to keep the premises, 1
including, without limitation, the access area and the pit lake and its 2
surroundings, safe for entry or use by any other person for 3
participation in any activity, or to give a warning of any hazardous 4
condition, activity or use of the premises to any person entering the 5
premises. 6
5. If a protected person gives permission to another person to 7
access or engage in any activity with respect to any premises 8
specified in subsection 4, the protected person does not thereby 9
extend any assurance that the premises are safe for that activity or 10
any other purpose or assume responsibility for or incur any liability 11
for any injury to any person or property caused by any act of a 12
person to whom the permission is granted. The provisions of this 13
subsection do not confer any liability upon a protected person for 14
any injury to any other person or property, whether actual or 15
implied, or create a duty of care or ground of liability for any injury 16
to any person or property. 17
6. Except in the case of an emergency, an operator shall not 18
depart from an approved plan for reclamation without prior written 19
approval from the Division. 20
7. Reclamation activities must be economically and 21
technologically practicable in achieving a safe and stable condition 22
suitable for the use of the land. 23
8. As used in this section: 24
(a) “Pit lake” means a body of water that has resulted, after the 25
completion of an exploration project or mining operation, from an 26
open pit that has penetrated the water table of the area in which the 27
pit is located. 28
(b) “Protected person” means any past or present: 29
(1) Owner of any estate or interest in any premises for which 30
public access to a pit lake is provided in a plan for reclamation 31
pursuant to subsection 3; 32
(2) Operator of all or any part of the premises, including, 33
without limitation, any entity that has conducted or is conducting a 34
mining operation or any reclamation activity with respect to the 35
premises; 36
(3) Lessee or occupant of all or any part of the premises; or 37
(4) Contractor, subcontractor, employee or agent of any such 38
owner, operator, lessee or occupant. 39
Sec. 18. NRS 519A.240 is hereby amended to read as follows: 40
519A.240 [If] 1. Except as otherwise provided in this 41
subsection, if a mining operation or exploration project is conducted 42
on land administered by a federal agency, [an approved] a federal 43
plan of operations and a surety approved by the federal agency that 44
are consistent with the requirements of this chapter supersede the 45
– 10 –
- *AB40*
requirements for a permit and bond or other surety otherwise 1
required by this chapter. If the federal plan of operations and 2
surety approved by the federal agency includes the stabilization of 3
process fluids, the plan of operations and surety relating to the 4
stabilization of process fluids must also be approved by the 5
Division. 6
2. If the mining operation or exploration project is conducted 7
on a site which includes both public land and privately owned land, 8
[compliance with] the [federal] federally approved plan [suffices if 9
that plan substantially provides for the reclamation] of operations 10
and surety must also be approved by the Division to satisfy the 11
requirements for a permit and bond or other surety required by this 12
chapter. 13
3. Nothing in this section affects the requirement [for] to 14
obtain a permit set forth in NRS 519A.180 or 519A.200 or the 15
required payment of fees set forth in NRS 519A.160 or 519A.260. 16
Sec. 19. NRS 519A.270 is hereby amended to read as follows: 17
519A.270 If the Division has reason to believe that any 18
provision of NRS 519A.010 to 519A.280, inclusive, and sections 2 19
to 11, inclusive, of this act, a plan for reclamation, any condition 20
placed on a plan for reclamation or any regulation adopted by the 21
Commission pursuant to NRS 519A.160, has been violated, the 22
Division shall serve a notice of noncompliance upon the holder of 23
the permit. The notice must: 24
1. Be served personally or by registered mail addressed to the 25
holder of the permit at his or her address as shown on the records of 26
the Division; 27
2. Specify each violation; and 28
3. Set a date and time for a hearing and inform the person that 29
the person’s permit may be suspended or revoked and the person’s 30
bond or other surety forfeited upon completion of the hearing or if 31
the person fails to attend the hearing. 32
Sec. 20. NRS 519A.280 is hereby amended to read as follows: 33
519A.280 1. Except as otherwise provided in NRS 445C.010 34
to 445C.120, inclusive, a person who violates any provision of NRS 35
519A.010 to 519A.280, inclusive, and sections 2 to 11, inclusive, of 36
this act, or any regulation adopted by the Commission pursuant to 37
NRS 519A.160, is guilty of a misdemeanor and, in addition to any 38
criminal penalty, is subject to a civil penalty imposed by the 39
Division at a hearing for which notice has been given, in an amount 40
determined pursuant to the schedule adopted by the Commission 41
pursuant to NRS 519A.160. 42
2. Any money received by the Division pursuant to subsection 43
1 must be deposited with the State Treasurer for credit to the 44
appropriate account of the Division. All interest earned on the 45
– 11 –
- *AB40*
money credited pursuant to this section must be credited to the 1
account to which the money was credited. 2
3. In addition to any other remedy provided by this chapter, the 3
Division may compel compliance with any provision of NRS 4
519A.010 to 519A.280, inclusive, and sections 2 to 11, inclusive, of 5
this act, or of any regulation adopted or permit or order issued 6
pursuant to those sections, by injunction or other appropriate 7
remedy. The Division may institute and maintain in the name of the 8
State of Nevada any such enforcement proceedings. 9
Sec. 21. Chapter 444 of NRS is hereby amended by adding 10
thereto the provisions set forth as sections 22 to 25, inclusive, of this 11
act. 12
Sec. 22. “Solid waste management facility” means a facility 13
or location that engages in any activity related to a solid waste 14
management system. 15
Sec. 23. “Very small quantity generator” has the meaning 16
ascribed to it in 40 C.F.R. § 260.10. 17
Sec. 24. 1. The State Environmental Commission shall 18
adopt regulations prescribing the requirements for an owner or 19
operator of a municipal solid waste landfill or solid waste 20
management facility to demonstrate that the owner or operator is 21
financially responsible for the municipal solid waste landfill or 22
solid waste management facility in accordance with subsection 4 23
of NRS 444.556. Such regulations must require the owner or 24
operator to provide: 25
(a) Evidence that the owner or operator has a policy of liability 26
insurance in an amount which the State Department of 27
Conservation and Natural Resources has determined is necessary 28
for the protection of human health, public safety and the 29
environment; 30
(b) Evidence of security, in a form and amount which the State 31
Department of Conservation and Natural Resources deems 32
necessary, to ensure that at the time of any abandonment, 33
cessation or interruption of the service provided by the municipal 34
solid waste landfill or solid waste management facility, and 35
thereafter, all appropriate measures will be taken to prevent 36
damage to human health, public safety and the environment; and 37
(c) Any other evidence of financial responsibility which the 38
State Environmental Commission finds necessary for those 39
purposes. 40
2. Requirements established pursuant to this section may not 41
exceed those requirements for financial responsibility established 42
pursuant to the Resource Conservation and Recovery Act of 1976, 43
42 U.S.C. §§ 6901 et seq. 44
– 12 –
- *AB40*
3. Any claim arising from conduct for which evidence of 1
financial responsibility is required may be asserted directly against 2
the insurer, guarantor, surety or other person providing such 3
evidence if the owner or operator: 4
(a) Has filed a petition in bankruptcy, or is the object of an 5
involuntary petition; 6
(b) Cannot respond in damages in the event a judgment is 7
entered against the owner or operator; or 8
(c) Is not subject to the personal jurisdiction of any courts of 9
this or any other state, or of the United States, or cannot, with due 10
diligence, be served with process. 11
4. If a claim is asserted directly against a person providing 12
evidence of financial responsibility, that person may assert any 13
right or defense which: 14
(a) The person might have asserted in any action against him 15
or her by the owner or operator; or 16
(b) The owner or operator might have asserted, had the claim 17
been made against him or her. 18
Sec. 25. 1. Upon the issuance of an order or other action 19
taken pursuant to NRS 444.592 to a person, owner or operator 20
holding a permit under NRS 444.505, 444.553 or 444.556, the 21
Division of Environmental Protection of the State Department of 22
Conservation and Natural Resources or the solid waste 23
management authority have a lien on all real and personal 24
property, tangible and intangible, of the person who is the subject 25
of the order or action. 26
2. To perfect a lien held pursuant to subsection 1, the 27
Division of Environmental Protection or solid waste management 28
authority shall: 29
(a) Provide notice of the lien to the holder of the permit by 30
certified or registered mail; and 31
(b) File notice of the lien: 32
(1) If on real property, in the office of the county recorder 33
of the county where the real property is located; and 34
(2) If on personal property, in the Office of the Secretary of 35
State. 36
3. The amount of the lien held pursuant to subsection 1 must 37
not exceed: 38
(a) The unrecovered costs incurred by the Division of 39
Environmental Protection or solid waste management authority 40
for performing remediation; or 41
(b) If the property is marketable because of remediation 42
performed by the Division of Environmental Protection or solid 43
waste management authority, the difference between the fair 44
market value of the property at the time of the disposition of the 45
– 13 –
- *AB40*
property and the fair market value of the property before 1
remediation was performed. 2
4. A security interest or judgment lien that is perfected before 3
notice of the lien is filed pursuant to subsection 2 has priority over 4
a lien perfected pursuant to this section. A perfected lien held 5
pursuant to this section has priority over all other liens and 6
encumbrances that have an interest in the property if the property 7
is: 8
(a) Held in trust or as part of a security or other evidence of 9
financial responsibility in accordance with the requirements 10
prescribed pursuant to section 24 of this act or the Resource 11
Conservation and Recovery Act of 1976, Subtitle D, §§ 42 U.S.C. 12
6941 et. seq, and any regulations adopted pursuant thereto; or 13
(b) Marketable due to remediation performed by the Division 14
of Environmental Protection or solid waste management 15
authority. 16
5. The lien perfected pursuant to subsection 2 continues as a 17
lien against the property of the holder of the permit until: 18
(a) The order or other action of the Division of Environmental 19
Protection or solid waste management authority is resolved; 20
(b) The security or other evidence of financial responsibility is 21
forfeited and the proceeds are available to the Division of 22
Environmental Protection or solid waste management authority to 23
pay the costs of remediation; or 24
(c) The Division of Environmental Protection or solid waste 25
management authority releases the lien. 26
6. The Division of Environmental Protection or solid waste 27
management authority may recover the lienable amount in an 28
action brought in the First Judicial District Court or in the district 29
court in the county in which the remediation costs were incurred. 30
7. Nothing in this section shall be construed to limit the right 31
of the Division of Environmental Protection or solid waste 32
management authority to recover any costs and damages incurred 33
by the Division of Environmental Protection or solid waste 34
management authority for which the person, owner or operator is 35
liable under NRS 444.598. 36
Sec. 26. NRS 444.450 is hereby amended to read as follows: 37
444.450 As used in NRS 444.440 to 444.620, inclusive, and 38
sections 22 to 25, inclusive, of this act, unless the context otherwise 39
requires, the words and terms defined in NRS 444.460 to 444.501, 40
inclusive, and sections 22 and 23 of this act have the meanings 41
ascribed to them in those sections. 42
Sec. 27. NRS 444.460 is hereby amended to read as follows: 43
444.460 “Disposal site” means any place at which solid waste 44
is dumped, abandoned or accepted or disposed of by incineration, 45
– 14 –
- *AB40*
land filling, composting or any other method. The term includes a 1
municipal solid waste landfill [.] and a solid waste management 2
facility. 3
Sec. 28. NRS 444.465 is hereby amended to read as follows: 4
444.465 “Municipal solid waste landfill” has the meaning 5
ascribed to [it] a “municipal solid waste landfill unit” in [the 6
Resource Conservation and Recovery Act of 1976, Subtitle D, 42 7
U.S.C. §§ 6941 et seq., and the regulations adopted pursuant 8
thereto.] 40 C.F.R. § 258.2, except that the term does not include a 9
landfill that receives waste from a very small quantity generator. 10
Sec. 29. NRS 444.556 is hereby amended to read as follows: 11
444.556 1. Before constructing or operating a municipal solid 12
waste landfill [,] or solid waste management facility, the owner or 13
operator of the municipal solid waste landfill or solid waste 14
management facility, as applicable, shall obtain a permit issued by 15
the solid waste management authority. 16
2. A permit for the construction or operation of a municipal 17
solid waste landfill or solid waste management facility is subject to 18
the general conditions of the Resource Conservation and Recovery 19
Act of 1976, Subtitle D, 42 U.S.C. §§ 6941 et seq., and the 20
regulations adopted pursuant thereto. 21
3. Any documents submitted in connection with an application 22
for a permit, including any modifications requested by the solid 23
waste management authority that require corrective action to the 24
proposed construction or operation, are public records and must be 25
made available for public comment. The final determinations made 26
by the solid waste management authority on an application for a 27
permit are public records. 28
4. [A] Except as otherwise provided in subsection 5, a permit 29
issued by a solid waste management authority must be conditioned 30
upon all requirements that are necessary to ensure continuing 31
compliance with: 32
(a) The requirements of the Resource Conservation and 33
Recovery Act of 1976, Subtitle D, 42 U.S.C. §§ 6941 et seq., and 34
the regulations adopted pursuant thereto, which describe: 35
(1) General standards for a municipal solid waste landfill [;] 36
or solid waste management facility; 37
(2) Restrictions on the location of such a municipal solid 38
waste landfill [;] or solid waste management facility; 39
(3) Criteria for the operation of such a municipal solid waste 40
landfill [;] or solid waste management facility; 41
(4) Criteria for the design of such a municipal solid waste 42
landfill [;] or solid waste management facility; 43
(5) Requirements for monitoring groundwater and standards 44
for corrective actions related thereto; 45
– 15 –
- *AB40*
(6) Standards of care related to the closure of such a 1
municipal solid waste landfill [;] or solid waste management 2
facility; and 3
(7) Financial responsibility requirements for the owners or 4
operators of such municipal solid waste landfills [;] or solid waste 5
management facilities pursuant to section 24 of this act; 6
(b) The applicable regulations of the State Environmental 7
Commission; and 8
(c) The applicable laws of this State. 9
5. The requirements of subparagraphs (6) and (7) of 10
paragraph (a) of subsection 4, may be satisfied by a plan for 11
reclamation that complies with NRS 519A.230 and the provisions 12
of the Resource Conservation and Recovery Act of 1976, Subtitle 13
D, 42 U.S.C. §§ 6941 et seq., and the regulations adopted pursuant 14
thereto which has been approved by the Division of 15
Environmental Protection of the State Department of 16
Conservation and Natural Resources. 17
6. A solid waste management authority may: 18
(a) Obtain, and the owner or operator of a municipal waste 19
landfill or solid waste management facility shall deliver upon 20
request, any information necessary to determine whether the owner 21
or operator is or has been in compliance with the terms and 22
conditions of the permit, the regulations of the State Environmental 23
Commission, the applicable laws of this State and the provisions of 24
the Resource Conservation and Recovery Act of 1976, Subtitle D, 25
42 U.S.C. §§ 6941 et seq., and the regulations adopted pursuant 26
thereto; 27
(b) Conduct monitoring or testing to ensure that the owner or 28
operator is or has been in compliance with the terms and conditions 29
of the permit; and 30
(c) Enter any site or premises subject to the permit, during 31
normal business hours, on which records relevant to the municipal 32
solid waste landfill or solid waste management facility are kept in 33
order to inspect those records. 34
Sec. 30. NRS 444.557 is hereby amended to read as follows: 35
444.557 1. A solid waste management authority shall 36
establish a program to monitor the compliance of a municipal solid 37
waste landfill or solid waste management facility with the terms 38
and conditions of the permit issued for that municipal solid waste 39
landfill [,] or solid waste management facility, the regulations of 40
the State Environmental Commission, the applicable laws of this 41
state and the provisions of the Resource Conservation and Recovery 42
Act of 1976, Subtitle D, 42 U.S.C. §§ 6941 et seq., and the 43
regulations adopted pursuant thereto. The program must include 44
procedures to: 45
– 16 –
- *AB40*
(a) Verify the accuracy of any information submitted by the 1
owner or operator of the municipal solid waste landfill or solid 2
waste management facility to the authority; 3
(b) Verify the adequacy of sampling procedures and analytical 4
methods used by the owner or operator of the municipal solid waste 5
landfill [;] or solid waste management facility; and 6
(c) Require the owner or operator to produce all evidence which 7
would be admissible in a proceeding to enforce compliance. 8
2. The solid waste management authority shall receive and give 9
appropriate consideration to any information submitted by members 10
of the public regarding the continuing compliance of an owner or 11
operator with the permit issued by the solid waste management 12
authority. 13
3. In the administration of any permit issued by a solid waste 14
management authority, the authority shall establish procedures that 15
permit intervention pursuant to Rule 24 of the Nevada Rules of Civil 16
Procedure. The authority shall not oppose intervention on the 17
ground that the applicant’s interest is adequately represented by the 18
solid waste management authority. 19
Sec. 31. NRS 444.558 is hereby amended to read as follows: 20
444.558 1. The State Environmental Commission and the 21
district board of health of a health district created pursuant to NRS 22
439.362 or 439.370 shall, in a timely manner, adopt all regulations 23
that are necessary to establish and carry out a program of issuing 24
permits for municipal solid waste landfills [.] and solid waste 25
management facilities. The program must ensure compliance with 26
the Resource Conservation and Recovery Act of 1976, Subtitle D, 27
42 U.S.C. §§ 6941 et seq., and the regulations adopted pursuant 28
thereto, and carry out the purpose and intent of this section. 29
2. The regulations adopted by a district board of health 30
pursuant to this section must not conflict with regulations adopted 31
by the State Environmental Commission. 32
Sec. 32. NRS 444.559 is hereby amended to read as follows: 33
444.559 A municipal solid waste landfill or a solid waste 34
management facility shall accept a recreational vehicle for disposal 35
if: 36
1. The person disposing of the recreational vehicle pays any 37
applicable fee and provides the title to the recreational vehicle, 38
indicating that he or she is the owner. 39
2. Accepting the recreational vehicle for disposal does not 40
violate any applicable federal or state law or regulation relating to 41
the operation of the municipal solid waste landfill [.] or solid waste 42
management facility. 43
– 17 –
- *AB40*
Sec. 33. Chapter 459 of NRS is hereby amended by adding 1
thereto the provisions set forth as sections 34 and 35 of this act. 2
Sec. 34. “Recycling” means the process of using hazardous 3
waste to recover materials or produce a usable product. 4
Sec. 35. 1. Upon the issuance of an order pursuant to NRS 5
459.565 or 459.570, the Department has a lien on all real and 6
personal property, tangible and intangible, of the person who is 7
the subject of the order. 8
2. To perfect a lien held pursuant to subsection 1, the 9
Department shall: 10
(a) Provide notice of the lien to the holder of the permit by 11
certified or registered mail; and 12
(b) File notice of the lien: 13
(1) If on real property, in the office of the county recorder 14
of the county where the real property is located; and 15
(2) If on personal property, in the Office of the Secretary of 16
State. 17
3. The amount of the lien held pursuant to subsection 1 must 18
not exceed: 19
(a) The unrecovered costs incurred by the Department for 20
performing remediation; or 21
(b) If the property is marketable because of remediation 22
performed by the Department, the difference between the fair 23
market value of the property at the time of the disposition of the 24
property and the fair market value of the property before the 25
remediation was performed by the Department. 26
4. A security interest or judgment lien that is perfected before 27
notice of the lien is filed pursuant to subsection 2 has priority over 28
a lien perfected pursuant to this section. A perfected lien held 29
pursuant to this section has priority over all other liens and 30
encumbrances that have an interest in the property if the property 31
is: 32
(a) Held in trust or as part of a security or other evidence of 33
financial responsibility established pursuant to NRS 459.525; or 34
(b) Marketable due to remediation performed by the 35
Department. 36
5. The lien perfected pursuant to subsection 2 continues as a 37
lien against the property of the holder of the permit until: 38
(a) The order of the Department is resolved; 39
(b) The security or other evidence of financial responsibility is 40
forfeited and the proceeds are available to the Department to pay 41
the costs of remediation; or 42
(c) The Department releases the lien. 43
– 18 –
- *AB40*
6. The Department may recover the lienable amount in an 1
action brought in the First Judicial District Court or in the district 2
court in the county in which the remediation costs were incurred. 3
7. Nothing in this section shall be construed to limit the right 4
of the Department to recover any costs and damages for which a 5
person is liable under the provisions of this chapter. 6
Sec. 36. NRS 459.400 is hereby amended to read as follows: 7
459.400 The purposes of NRS 459.400 to 459.600, inclusive, 8
and sections 34 and 35 of this act are to: 9
1. Protect human health, public safety and the environment 10
from the effects of improper, inadequate or unsound management of 11
hazardous waste; 12
2. Establish a program for regulation of the storage, generation, 13
transportation, treatment and disposal or recycling of hazardous 14
waste; and 15
3. Ensure safe and adequate management of hazardous waste. 16
Sec. 37. NRS 459.405 is hereby amended to read as follows: 17
459.405 As used in NRS 459.400 to 459.600, inclusive, and 18
sections 34 and 35 of this act, unless the context otherwise requires, 19
the words and terms defined in NRS 459.410 to 459.455, inclusive, 20
and section 34 of this act have the meanings ascribed to them in 21
those sections. 22
Sec. 38. NRS 459.430 is hereby amended to read as follows: 23
459.430 “Hazardous waste” means any waste or combination 24
of wastes, including, without limitation, solids, semisolids, liquids 25
or contained gases, except household waste, which: 26
1. Because of its quantity or concentration or its physical, 27
chemical or infectious characteristics may: 28
(a) Cause or significantly contribute to an increase in mortality 29
or serious irreversible or incapacitating illness; or 30
(b) Pose a substantial hazard or potential hazard to human 31
health, public safety or the environment when it is given improper 32
treatment, storage, transportation, disposal , recycling or other 33
management. 34
2. Is identified as hazardous by the Department as a result of 35
studies undertaken for the purpose of identifying hazardous wastes. 36
The term includes, among other wastes, toxins, corrosives, 37
flammable materials, irritants, strong sensitizers and materials which 38
generate pressure by decomposition, heat or otherwise. 39
Sec. 39. NRS 459.435 is hereby amended to read as follows: 40
459.435 “Management of hazardous waste” means the 41
systematic control of the generation, collection, storage, 42
transportation, processing, treatment, recovery and disposal or 43
recycling of hazardous waste. 44
– 19 –
- *AB40*
Sec. 40. NRS 459.440 is hereby amended to read as follows: 1
459.440 “Manifest” means a document used to identify 2
hazardous waste during its transportation from between any two of 3
the points of generation, storage, treatment and disposal [,] or 4
recycling, and specifying the quantity, composition, origin, route 5
and destination of the waste. 6
Sec. 41. NRS 459.455 is hereby amended to read as follows: 7
459.455 “Treatment” means a process, including 8
neutralization, which is designed to change the physical, chemical or 9
biological character or composition of hazardous waste so as to 10
neutralize it or render it less hazardous, nonhazardous, safer for 11
transportation, storage and disposal [,] or recycling, amenable to 12
recovery of resources from it, or reduce its volume. 13
Sec. 42. NRS 459.475 is hereby amended to read as follows: 14
459.475 The Department shall: 15
1. Except as otherwise provided in NRS 459.480, enforce the 16
Commission’s regulations on hazardous waste; 17
2. Develop and publish a plan of management of hazardous 18
waste in this State, including among other things, descriptions of: 19
(a) Sources of hazardous waste, including information on the 20
types and quantities of the waste; 21
(b) Current practices and costs in the management of hazardous 22
waste, including treatment, storage and disposal [;] or recycling; 23
and 24
(c) The hazards associated with the use by a consumer of a 25
commercial product in a manner contrary to the directions for use, 26
cautions or warnings appearing on the label of the product, if the 27
Department determines that such a description is necessary; and 28
3. Cooperate with other states to bring about improved 29
management of hazardous waste, encourage the enactment of 30
uniform state laws relating to hazardous waste, and develop 31
compacts between this and other states which are designed to 32
provide for improved management of hazardous waste. 33
Sec. 43. NRS 459.485 is hereby amended to read as follows: 34
459.485 The Commission shall: 35
1. Adopt regulations [governing systems of hazardous waste 36
management,] to carry out the provisions of NRS 459.400 to 37
459.600, inclusive, and sections 34 and 35 of this act, including the 38
plan for management of hazardous waste in the entire State; and 39
2. Through the Department: 40
(a) Advise, consult and cooperate with other agencies of the 41
State, other states, the Federal Government, municipalities and other 42
persons on matters relating to formulation of plans for managing 43
hazardous waste. 44
– 20 –
- *AB40*
(b) Develop a plan for management of hazardous waste in the 1
entire State. 2
(c) Develop a program to encourage the minimization of 3
hazardous waste and the recycling or reuse of hazardous waste by 4
persons who generate hazardous waste within Nevada. The program 5
may include grants or other financial incentives. 6
Sec. 44. NRS 459.490 is hereby amended to read as follows: 7
459.490 Regulations adopted by the Commission pursuant to 8
NRS 459.485 must be based upon studies, guidelines and 9
regulations of the Federal Government and must: 10
1. Set out mechanisms for determining whether any waste is 11
hazardous; 12
2. Govern combinations of wastes which are not compatible 13
and may not be stored, treated , [or] disposed of or recycled 14
together; 15
3. Govern generation, storage, treatment and disposal or 16
recycling of hazardous waste; 17
4. Govern operation and maintenance of facilities for the 18
treatment, storage and disposal or recycling of hazardous waste, 19
including the qualifications and requirements for ownership, 20
continuity of operation, closure and care after closing; 21
5. Provide standards for location, design and construction of 22
facilities for treatment, storage and disposal or recycling of 23
hazardous waste; 24
6. Except as otherwise provided in NRS 459.700 to 459.780, 25
inclusive, govern the transportation, packing and labeling of 26
hazardous waste in a manner consistent with regulations issued by 27
the United States Department of Transportation relating to 28
hazardous waste; 29
7. Provide procedures and requirements for the use of a 30
manifest for each shipment of hazardous waste. The procedures and 31
requirements must be applied equally to those persons who transport 32
hazardous waste generated by others and those who transport 33
hazardous waste which they have generated themselves; and 34
8. Take into account climatic and geologic variations and other 35
factors relevant to the management of hazardous waste. 36
Sec. 45. NRS 459.500 is hereby amended to read as follows: 37
459.500 1. Except as otherwise provided in NRS 459.700 to 38
459.780, inclusive, or 459.800 to 459.856, inclusive: 39
(a) Regulations of the Commission must provide: 40
(1) For safety in the packaging, handling, transportation and 41
disposal or recycling of hazardous waste; 42
(2) For the certification of consultants involved in 43
consultation regarding the response to and the clean up of leaks of 44
hazardous waste, hazardous material or a regulated substance from 45
– 21 –
- *AB40*
underground storage tanks, the clean up of spills of or accidents or 1
motor vehicle crashes involving hazardous waste, hazardous 2
material or a regulated substance, or the management of hazardous 3
waste; 4
(3) That a person employed full-time by a business to act as 5
such a consultant is exempt from the requirements of certification if 6
the person: 7
(I) Meets the applicable requirements of 29 C.F.R. § 8
1910.120 to manage such waste, materials or substances; and 9
(II) Is acting in the course of that full-time employment; 10
and 11
(4) For the certification of laboratories that perform analyses 12
for the purposes of NRS 459.400 to 459.600, inclusive, and sections 13
34 and 35 of this act, NRS 459.610 to 459.658, inclusive, and 14
459.800 to 459.856, inclusive, to identify whether waste is 15
hazardous waste or to detect the presence of hazardous waste or a 16
regulated substance in soil or water. 17
(b) Regulations of the Commission may: 18
(1) Provide for the licensing and other necessary regulation 19
of generators, including shippers and brokers, who cause that waste 20
to be transported into or through Nevada or for disposal in Nevada; 21
(2) Require that the person responsible for a spill, leak, 22
accident or motor vehicle crash involving hazardous waste, 23
hazardous material or a regulated substance, obtain advice on the 24
proper handling of the spill, leak, accident or motor vehicle crash 25
from a consultant certified under the regulations adopted pursuant to 26
paragraph (a); and 27
(3) Establish standards relating to the education, experience, 28
performance and financial responsibility required for the 29
certification of consultants. 30
2. The regulations may include provisions for: 31
(a) Fees to pay the cost of inspection, certification and other 32
regulation, excluding any activities conducted pursuant to NRS 33
459.7052 to 459.728, inclusive; and 34
(b) Administrative penalties of not more than $2,500 per 35
violation or $10,000 per shipment for violations by persons licensed 36
by the Department, and the criminal prosecution of violations of its 37
regulations by persons who are not licensed by the Department. 38
3. Designated employees of the Department and the Nevada 39
Highway Patrol Division shall enforce the regulations of the 40
Commission relating to the transport and handling of hazardous 41
waste and the leakage or spill of that waste from packages. 42
Sec. 46. NRS 459.515 is hereby amended to read as follows: 43
459.515 1. It is unlawful for any person to: 44
– 22 –
- *AB40*
(a) Construct, substantially alter or operate any facility for the 1
treatment, storage , [or] disposal or recycling of hazardous waste; or 2
(b) Treat, store , [or] dispose of or recycle any hazardous waste, 3
unless the person has first obtained a permit from the Department 4
to do so. 5
2. A person who: 6
(a) Conducts an activity for which a permit is required pursuant 7
to this section, and is doing so on the effective date of the 8
regulations establishing procedures for the system of permits; and 9
(b) Has made an application for a permit, 10
shall be deemed to have been issued a permit until his or her 11
application has been acted upon, unless a delay in that action was 12
caused by the person’s failure to furnish information which was 13
reasonably requested or required for the processing of the 14
application. 15
3. The Commission may require a person who is conducting an 16
activity pursuant to subsection 2 to comply with requirements which 17
it has specified by regulation before a permit is issued. 18
Sec. 47. NRS 459.520 is hereby amended to read as follows: 19
459.520 1. The Commission shall adopt regulations for the 20
granting, renewal, modification, suspension, revocation and denial 21
of permits. 22
2. If the local government within whose territory a facility for 23
the treatment, storage , [or] disposal or recycling of hazardous waste 24
is to be located requires that a special use permit or other 25
authorization be obtained for such a facility or activity, the 26
application to the Department for a permit to operate such a facility 27
must show that local authorization has been obtained. This 28
requirement does not apply to an application for a permit to 29
construct a utility facility that is subject to the provisions of NRS 30
704.820 to 704.900, inclusive. 31
3. Permits may contain terms and conditions which the 32
Department considers necessary and which conform to the 33
provisions of regulations adopted by the Commission. 34
4. Permits may be issued for any period of not more than 10 35
years. 36
5. A permit may not be granted or renewed if the Director 37
determines that granting or renewing the permit is inconsistent with 38
any regulation of the Commission relating to hazardous waste or 39
with the plan for management of hazardous waste developed 40
pursuant to NRS 459.485. The provisions of this subsection do not 41
apply to a permit granted or under review before July 1, 1987. 42
6. The Department may suspend or revoke a permit pursuant to 43
the Commission’s regulations if the holder of the permit fails or 44
– 23 –
- *AB40*
refuses to comply with the terms of the permit or a regulation of the 1
Commission relating to hazardous waste. 2
7. A permit may not be granted, renewed or modified for a 3
facility for the disposal of hazardous waste that proposes to 4
construct or operate a landfill unless the Director determines that the 5
landfill is or will be constructed to include at least one liner and a 6
leachate collection and removal system designed to prevent the 7
migration of waste or leachate to the adjacent subsurface soils, 8
groundwater and surface water. 9
8. As used in this section: 10
(a) “Landfill” means a disposal facility or part of a facility 11
where hazardous waste is placed in or on land and which is not a 12
pile, a land-treatment facility, a surface impoundment, an 13
underground-injection well, a salt-dome formation, a salt-bed 14
formation, an underground mine or a cave. 15
(b) “Leachate” means any liquid, including any suspended 16
components in the liquid, that has percolated through or drained 17
from a landfill. 18
(c) “Leachate collection and removal system” means a layer of 19
granular or synthetic materials installed above a liner and operated 20
in conjunction with drains, pipes, sumps and pumps or other means 21
designed to collect and remove leachate from a landfill. 22
(d) “Liner” means a continuous layer of artificially created 23
material installed beneath and on the sides of a landfill which 24
restricts the downward or lateral escape of hazardous waste, 25
hazardous waste constituents or leachate, and prevents the migration 26
of waste to the adjacent subsurface soils, groundwater and surface 27
water. 28
Sec. 48. NRS 459.525 is hereby amended to read as follows: 29
459.525 1. The Commission shall adopt regulations requiring 30
that the owner or operator of any facility for the treatment, storage , 31
[or] disposal or recycling of hazardous waste show his or her 32
financial responsibility for the undertaking by providing: 33
(a) Evidence that the owner or operator has a policy of liability 34
insurance in an amount which the Department has determined is 35
necessary for the protection of human health, public safety and the 36
environment; 37
(b) Evidence of security, in a form and amount which the 38
Department deems necessary, to ensure that at the time of any 39
abandonment, cessation or interruption of the service provided by 40
the facility, and thereafter, all appropriate measures will be taken to 41
prevent damage to human health, public safety and the environment; 42
and 43
(c) Any other evidence of financial responsibility which the 44
Commission finds necessary for those purposes. 45
– 24 –
- *AB40*
2. Requirements established pursuant to this section may not 1
exceed those requirements for financial responsibility established 2
pursuant to the Resource Conservation and Recovery Act of 1976, 3
42 U.S.C. §§ 6901 et seq. 4
3. Any claim arising from conduct for which evidence of 5
financial responsibility is required may be asserted directly against 6
the insurer, guarantor, surety or other person providing such 7
evidence if the owner or operator: 8
(a) Has filed a petition in bankruptcy, or is the object of an 9
involuntary petition; 10
(b) Cannot respond in damages in the event a judgment is 11
entered against the owner or operator; or 12
(c) Is not subject to the personal jurisdiction of any court of this 13
or any other state, or of the United States, or cannot, with due 14
diligence, be served with process. 15
4. If a claim is asserted directly against a person providing 16
evidence of financial responsibility, that person may assert any right 17
or defense which: 18
(a) The person might have asserted in any action against him or 19
her by the owner or operator; or 20
(b) The owner or operator might have asserted, had the claim 21
been made against him or her. 22
Sec. 49. NRS 459.537 is hereby amended to read as follows: 23
459.537 1. If the person responsible for a leak or spill of or 24
an accident or motor vehicle crash involving hazardous waste, 25
hazardous material or a regulated substance does not act promptly 26
and appropriately to clean and decontaminate the affected area 27
properly, and if his or her inaction presents an imminent and 28
substantial hazard to human health, public safety or the 29
environment, money from the Account for the Management of 30
Hazardous Waste may be expended to pay the costs of: 31
(a) Responding to the leak, spill, accident or crash; 32
(b) Coordinating the efforts of state, local and federal agencies 33
responding to the leak, spill, accident or crash; 34
(c) Managing the cleaning and decontamination of an area for 35
the treatment, storage, disposal or recycling of hazardous waste or 36
the site of the leak, spill, accident or crash; 37
(d) Removing or contracting for the removal of hazardous 38
waste, hazardous material or a regulated substance which presents 39
an imminent danger to human health, public safety or the 40
environment; or 41
(e) Services rendered in responding to the leak, spill, accident or 42
crash, by consultants certified pursuant to regulations adopted by the 43
Commission. 44
– 25 –
- *AB40*
2. Except as otherwise provided in this subsection or NRS 1
459.610 to 459.658, inclusive, the Director shall demand 2
reimbursement of the Account for money expended pursuant to 3
subsection 1 from any person who is responsible for the accident, 4
crash, leak or spill, or who owns or controls the hazardous waste, 5
hazardous material or a regulated substance, or the area used for the 6
disposal or recycling of the waste, material or substance. Payment 7
of the reimbursement is due within 60 days after the person receives 8
notice from the Director of the amount due. The provisions of this 9
section do not apply to a spill or leak of or an accident or motor 10
vehicle crash involving natural gas or liquefied petroleum gas while 11
it is under the responsibility of a public utility. 12
3. At the request of the Director, the Attorney General shall 13
initiate recovery by legal action of the amount of any unpaid 14
reimbursement plus interest at a rate determined pursuant to NRS 15
17.130 computed from the date of the incident. 16
4. As used in this section: 17
(a) “Does not act promptly and appropriately” means that the 18
person: 19
(1) Cannot be notified of the incident within 2 hours after the 20
initial attempt to contact the person; 21
(2) Does not, within 2 hours after receiving notification of 22
the incident, make an oral or written commitment to clean and 23
decontaminate the affected area properly; 24
(3) Does not act upon the commitment within 24 hours after 25
making it; 26
(4) Does not clean and decontaminate the affected area 27
properly; or 28
(5) Does not act immediately to clean and decontaminate the 29
affected area properly, if his or her inaction presents an imminent 30
and substantial hazard to human health, public safety or the 31
environment. 32
(b) “Responding” means any efforts to mitigate, attempt to 33
mitigate or assist in the mitigation of the effects of a leak or spill of 34
or an accident or motor vehicle crash involving hazardous waste, 35
hazardous material or a regulated substance, including, without 36
limitation, efforts to: 37
(1) Contain and dispose of the hazardous waste, hazardous 38
material or regulated substance. 39
(2) Clean and decontaminate the area affected by the leak, 40
spill, accident or crash. 41
(3) Investigate the occurrence of the leak, spill, accident or 42
crash. 43
– 26 –
- *AB40*
Sec. 50. NRS 459.546 is hereby amended to read as follows: 1
459.546 1. Except as otherwise provided in subsection 4, the 2
owner or operator of a facility for the treatment, storage , [or] 3
disposal or recycling of hazardous waste or a person who wishes to 4
construct such a facility may apply to the Commission for a variance 5
from its applicable regulations. The Commission may grant a 6
variance only if, after a public hearing on due notice, it finds from a 7
preponderance of the evidence that: 8
(a) The facility or proposed facility, under the worst adverse 9
conditions, does not or will not endanger or tend to endanger the 10
environment and human health or safety; and 11
(b) Compliance with the regulations would produce serious 12
hardship without equal or greater benefits to the environment or 13
public. 14
2. The Commission shall not grant a variance unless it has 15
considered in the following order of priority the interests of: 16
(a) The public; 17
(b) Other owners of property likely to be affected by the 18
emissions or discharge; and 19
(c) The applicant. 20
3. The Commission may: 21
(a) Upon granting a variance, impose certain conditions upon 22
the applicant; or 23
(b) Revoke the variance if the applicant fails to comply with 24
those conditions. 25
4. The Commission shall not grant a variance from its 26
applicable regulations that would allow a facility for the disposal of 27
hazardous waste to construct or operate a landfill in a manner that 28
fails to comply with the requirements of subsection 7 of 29
NRS 459.520. 30
Sec. 51. NRS 459.550 is hereby amended to read as follows: 31
459.550 1. The Commission shall adopt regulations which 32
require licensees to keep records and submit reports on hazardous 33
waste and which prescribe procedures for: 34
(a) Installing, calibrating, using and maintaining monitoring 35
equipment or other methods for obtaining data on hazardous wastes; 36
(b) Taking samples and performing tests and analyses; 37
(c) Establishing and maintaining suitable records; and 38
(d) Making reports to the Department. 39
2. It is unlawful for any person to generate, store, transport, 40
treat , [or] dispose of or recycle hazardous waste without reporting 41
each activity to the Department in accordance with regulations 42
adopted by the Commission. 43
– 27 –
- *AB40*
Sec. 52. NRS 459.560 is hereby amended to read as follows: 1
459.560 Any authorized representative or employee of the 2
Commission or the Department may, for the purpose of carrying out 3
his or her duties pursuant to NRS 459.400 to 459.600, inclusive, 4
and sections 34 and 35 of this act, or to enforce a regulation 5
adopted pursuant to those sections: 6
1. Enter any place where waste or a substance which the 7
Department has reason to believe may be hazardous waste or a 8
hazardous substance is or may have been generated, stored, 9
transported, treated, disposed of , recycled or otherwise handled; 10
2. Inspect and obtain samples of any waste or substance which 11
the Department has reason to believe may be hazardous waste or a 12
hazardous substance, including samples from any vehicle in which 13
waste or substance is being transported, and samples of containers 14
and labels; and 15
3. Inspect and copy any records, reports, information or test 16
results relating to the management of hazardous wastes or hazardous 17
substances. 18
Sec. 53. NRS 459.565 is hereby amended to read as follows: 19
459.565 1. If the Department receives information that the 20
handling, storage, transportation, treatment , [or] disposal or 21
recycling of any waste or hazardous substance may present an 22
imminent and substantial hazard to human health, public safety or 23
the environment, it may: 24
(a) Issue an order directing the owner or operator of the facility 25
for treatment, storage , [or] disposal or recycling of the waste or the 26
owner or operator of any site where the treatment, storage , [or] 27
disposal or recycling of a hazardous substance has occurred or may 28
occur or any other person who has custody of the waste or 29
hazardous substance to take necessary steps to prevent the act or 30
eliminate the practice which constitutes the hazard. 31
(b) Order a site assessment to be conducted and a remediation 32
plan to be developed pursuant to regulations adopted by the 33
Commission. 34
(c) Assess costs and expenses incurred by the Department in 35
carrying out the provisions of this section or in removing, correcting 36
or terminating any hazard to human health, public safety or the 37
environment pursuant to regulations adopted by the Commission. 38
(d) Request that the Attorney General commence an action to 39
enjoin the practices or acts which constitute the hazard. 40
(e) Take any other action designed to reduce or eliminate the 41
hazard. 42
2. The Department may perform inspections pursuant to NRS 43
459.560 and issue an order directing the owner or operator of the 44
facility for treatment, storage , [or] disposal or recycling of waste or 45
– 28 –
- *AB40*
the owner or operator of any site where the treatment, storage , [or] 1
disposal or recycling of a hazardous substance has occurred or may 2
occur or any other person who has custody of the waste or 3
hazardous substance to take any necessary steps to prevent any act 4
or eliminate any practice or effect which could constitute a hazard to 5
human health, public safety or the environment. 6
Sec. 54. NRS 459.585 is hereby amended to read as follows: 7
459.585 1. Any person who violates or contributes to a 8
violation of any provision of NRS 459.400 to 459.560, inclusive, 9
and section 34 of this act, NRS 459.590 or of any regulation 10
adopted or permit or order issued pursuant to those sections, or who 11
does not take action to correct a violation within the time specified 12
in an order, is liable to the Department for a civil penalty of not 13
more than $25,000 for each day on which the violation occurs. This 14
penalty is in addition to any other penalty provided by NRS 459.400 15
to 459.600, inclusive [.] and sections 34 and 35 of this act. 16
2. The Department may recover, in the name of the State of 17
Nevada, actual damages which result from a violation, in addition to 18
the civil penalty provided in this section. The damages may include 19
expenses incurred by the Department in removing, correcting or 20
terminating any adverse effects which resulted from the violation 21
and compensation for any fish, aquatic life or other wildlife 22
destroyed as a result of the violation. 23
3. In addition to any other remedy provided by this chapter, the 24
Department may compel compliance with any provision of NRS 25
459.400 to 459.560, inclusive, and section 34 of this act, NRS 26
459.590 or of any regulation adopted or permit or order issued 27
pursuant to those sections, by injunction or other appropriate 28
remedy. The Department may institute and maintain in the name of 29
the State of Nevada any such enforcement proceedings. 30
Sec. 55. NRS 459.600 is hereby amended to read as follows: 31
459.600 A person who, intentionally or with criminal 32
negligence: 33
1. Violates NRS 459.590, subsection 1 of NRS 459.515 or any 34
term or condition of a permit issued pursuant to NRS 459.520; 35
2. Violates an order issued by the Department relating to 36
hazardous waste, if: 37
(a) The violation threatens or harms the environment or the 38
personal safety of other persons; and 39
(b) The person has not made a good faith effort to comply with 40
the order; or 41
3. Disposes of , recycles or discharges hazardous waste in any 42
manner not authorized by the provisions of this chapter or 43
regulations adopted thereunder, 44
– 29 –
- *AB40*
is guilty of a category D felony and shall be punished as provided 1
in NRS 193.130, or by a fine of not more than $50,000 for each day 2
of the violation, or by both fine and the punishment provided in 3
NRS 193.130. 4
Sec. 56. This act becomes effective upon passage and 5
approval. 6
H