NRS 459.001 Enactment; text.
NRS 459.002 Appointment of member of board by governor.
NRS 459.003 Alternate member: Designation; powers and duties.
NRS 459.004 Bylaws, rules and regulations filed with secretary of state.
NRS 459.005 Applicability of Nevada Industrial Insurance Act to persons dispatched to another state.
ROCKY MOUNTAIN LOW-LEVEL RADIOACTIVE WASTE COMPACT
NRS 459.007 Enactment; text.
NRS 459.008 Appointment of member of board by governor; designation of alternate member.
NRS 459.0083 State surcharge: Imposition; collection; distribution; deposit for credit to fund for care of sites for disposal of radioactive waste.
COMMITTEE ON HIGH-LEVEL RADIOACTIVE WASTE
NRS 459.0085 Creation; membership; duties; compensation and expenses of members.
NUCLEAR PROJECTS
NRS 459.009 Definitions.
NRS 459.0091 Commission on nuclear projects: Creation; membership; terms and salary of members.
NRS 459.0092 Commission on nuclear projects: Duties.
NRS 459.0093 Agency for nuclear projects: Creation; composition; appointment and qualifications of executive director.
NRS 459.0094 Executive director of agency for nuclear projects: Duties.
NRS 459.0095 Executive director of agency for nuclear projects: Powers.
NRS 459.0096 Executive director and administrators: Administration of laws relating to division; classification; certain other employment prohibited.
NRS 459.0097 Duties of administrator of division of technical programs.
NRS 459.0098 Duties of administrator of division of planning.
STATE CONTROL OF RADIATION
General Provisions
NRS 459.010 Definitions.
NRS 459.020 State agency for control of radiation.
NRS 459.030 Duties of state agency for control of radiation.
NRS 459.050 Inspections.
NRS 459.060 Records.
NRS 459.070 Report of exposure of personnel; regulations.
NRS 459.080 Agreements between state and Federal Government.
NRS 459.090 Agreements concerning inspection; program for training.
NRS 459.100 Hearings; written decisions.
NRS 459.105 Disciplinary action by hearing officer or panel: Procedural requirements; powers and duties of officer or panel; judicial review.
NRS 459.120 Issuance of emergency regulation or order by health division.
NRS 459.125 Department of transportation to develop plan for routing shipments of controlled quantities of radioactive materials and high-level radioactive waste; cooperation with Federal Government, regional organizations and other states; regulations.
Possession, Transfer and Disposal of Radioactive Material
NRS 459.201 Licensing and registration of sources of ionizing radiation.
NRS 459.211 Fees for operation or use of areas for storage and disposal owned by state; fee for revenue.
NRS 459.221 License to use area for disposal required; violations concerning shipping; penalties; suspension, revocation or reinstatement of license.
NRS 459.231 Fund for care of sites for disposal of radioactive waste: Creation; administration; deposits; investment; interest; income.
NRS 459.235 Deposit of penal fines; delegation of authority to take disciplinary action; deposit of fines imposed by state board of health; claims for attorney's fees and costs of investigation.
Enforcement, Violations and Penalties
NRS 459.250 Enforcement by certain peace officers; impounding or detaining of vehicle.
NRS 459.260 Impounding of sources of ionizing radiation by health division.
NRS 459.270 Injunctive and other relief.
NRS 459.280 Removal of radioactive waste, machinery or equipment by employee from area for disposal prohibited; penalties.
NRS 459.290 Penalties.
REGULATION OF MILLS AND BY-PRODUCTS
NRS 459.300 Legislative findings.
NRS 459.310 Fees for regulating operations concerning uranium and care and maintenance of radioactive tailings and residues; posting of security; fund for licensing uranium mills; fund for care of uranium tailings.
NRS 459.320 Prerequisites to issuance of license.
NRS 459.330 Terms and conditions to be contained in license.
NRS 459.340 Title to site for disposal and by-products to be transferred to United States or this state before termination of production.
NRS 459.350 Person exempt from licensing may be required to observe or perform remedial work.
NRS 459.360 Standards of management of by-products.
NRS 459.370 Construction of facility or disposal of by-products without license unlawful.
REGULATION OF HIGHLY HAZARDOUS SUBSTANCES
General Provisions
NRS 459.380* Legislative declaration.
NRS 459.3802* Definitions.
NRS 459.3804* Chemical accident defined.
NRS 459.3806* Division defined.
NRS 459.3808* Hazard defined.
NRS 459.381* Regulated facility defined.
NRS 459.3812* Risk defined.
NRS 459.3813* Applicability to certain regulated facilities.
NRS 459.3814* Applicability of NRS 459.380 to 459.3874, inclusive.
NRS 459.3816* Designation of highly hazardous substances.
Sections in the index marked with * provide statutory authority to the State Environmental Commission and the Division of Environmental Protection.
Administration
NRS 459.3818* Regulations; involvement of interested persons.
NRS 459.382* Reports of regulatory agencies; review of requirements of regulatory agencies; final authority of division.
NRS 459.3822* Records, reports and information available for public inspection; inclusion of description of information deleted to protect trade secret; fee.
NRS 459.3824* Annual fees; fund for precaution against chemical accidents.
NRS 459.3826* Payment of fees upon opening of new regulated facility or registration of new highly hazardous substance.
NRS 459.3828* Form for registration; contents of form; time for filing.
NRS 459.383* Report on safety; contents of report; current information required.
NRS 459.3832* Certification required for forms and reports; requirements for signature on certification.
NRS 459.3833* Program to prevent and minimize consequences of accidental release: Delegation of authority and grant of money from Federal Government; regulations; violations.
NRS 459.3834* Unlawful acts; penalty.
Assessment of Risks Through Analysis of Hazards
NRS 459.3836* Frequency of assessments; selection of persons to conduct assessment; report of findings, conclusions and recommendations.
NRS 459.3838* Schedule for assessments; establishment of priority system.
NRS 459.384* Designation of persons capable of performing assessment; documentation of ability to perform assessment.
NRS 459.3842* Description of how assessment will be conducted; qualifications of persons conducting assessment.
NRS 459.3844* Approval or rejection of persons designated to perform assessment; selection by division; conditions for conducting assessment.
NRS 459.3846* Report of assessment; severable addendum containing trade secrets; report required pursuant to federal law sufficient; conditions for protection as trade secret.
NRS 459.3848* Contents of findings of person conducting assessment.
NRS 459.385* Contents of conclusions of person conducting assessment.
NRS 459.3852* Contents of recommendations of person conducting assessment.
NRS 459.3854* Notice of receipt of report of assessment; modifications to plan to abate hazards; effective date of plan.
NRS 459.3856* Contents of proposed modifications to plan to abate hazards; dissemination of proposed modifications.
NRS 459.3858* Hearing on proposed modifications to plan to abate hazards; notice; record of proceeding.
NRS 459.386* Issuance of decision of division; notice of decision; effective date of plan to reduce accidents; inspection of facility to verify compliance with plan and schedule of abatement.
Committee to Oversee the Management of Risks
NRS 459.3862* Committee defined.
NRS 459.3864* Creation; appointment of members; appointment of chairman and co-chairman; resources.
NRS 459.3866* Receipt of records and documents; subpoena; informal inquiries; inspection of facility; attorney general is counsel for committee; authorization to make recommendations to reviewing authority.
NRS 459.3868* Duties.
Enforcement And Penalties
NRS 459.387* Entry into facility to verify compliance with statutory requirements; system of recordkeeping; annual report of compliance; confirmation and evaluation of accuracy of report.
NRS 459.3872* Injunctive relief; levy of civil administrative penalty; notice of levy of penalty; request for hearing; payment of penalty.
NRS 459.3874* Amount of civil administrative penalties; settlement of claim; imposition of civil penalty.
DISPOSAL OF HAZARDOUS WASTE
NRS 459.400* Purpose.
NRS 459.405* Definitions.
NRS 459.410* Commission defined.
NRS 459.415* Department defined.
NRS 459.420* Director defined.
NRS 459.425* Disposal defined.
NRS 459.428* Hazardous material defined.
NRS 459.429* Hazardous substance defined.
NRS 459.430* Hazardous waste defined.
NRS 459.435* Management of hazardous waste defined.
NRS 459.440* Manifest defined.
NRS 459.445* Person defined.
NRS 459.448* Regulated substance defined.
NRS 459.450* Storage defined.
NRS 459.455* Treatment defined.
NRS 459.460* Applicability of NRS 459.400 to 459.600, inclusive.
NRS 459.465* Types of waste subject to NRS 459.400 to 459.600, inclusive.
NRS 459.470* Department designated as state agency for regulation of hazardous waste.
NRS 459.475* Duties of department.
NRS 459.480* Delegation of responsibility for enforcement of
NRS 459.400 to 459.600 inclusive.
NRS 459.485* Duties of commission.
NRS 459.490* General requirements for regulations.
NRS 459.500* Regulations concerning transportation and handling of hazardous substances: Contents; enforcement.
NRS 459.505* Agreements to provide state land for areas for disposal of hazardous waste.
NRS 459.510* Fees for use of areas for disposal owned by state: Amount; payment; waiver; collection of interest; penalties.
NRS 459.512* Payment of additional fees by facility for management of hazardous waste for training emergency personnel and ensuring safety of shipment of hazardous materials; penalty for late payment.
NRS 459.515* Construction, alteration or operation of facility without permit unlawful; exception.
NRS 459.520* Regulations governing permits.
NRS 459.525* Financial responsibility of owner or operator of facility; claim against insurer, guarantor, surety or other person providing evidence of financial responsibility.
NRS 459.530* Account for management of hazardous waste: Creation; source; separate accounting for certain fees collected.
NRS 459.535* Account for management of hazardous waste: Use.
NRS 459.537* Account for management of hazardous waste: Payment of costs of responding to leak, spill or accident; reimbursement; action by attorney general.
NRS 459.540* Condition in permit specifying time allowed for completion of modification.
NRS 459.545* Substitution of equivalent standards of protection.
NRS 459.546* Variances: Conditions and criteria for granting; revocation.
NRS 459.547* Variances: Renewal; protest and hearing on application for renewal.
NRS 459.548* Variances: Regulations governing applications; fees.
NRS 459.549* Variances: Granting and renewal discretionary.
NRS 459.550* Records and reports.
NRS 459.555* Disclosure of public and confidential information.
NRS 459.558* Applicability of NRS 459.560 and 459.565.
NRS 459.560* Inspections.
NRS 459.565* Action to prevent practice or act which constitutes hazard to human health, public safety or environment.
NRS 459.570* Order to prevent act or practice which violates
NRS 459.400 to 459.560, inclusive.
NRS 459.575* Subpoenas.
NRS 459.580* Injunctive relief.
NRS 459.585* Civil penalties; damages.
NRS 459.590* Unlawful transportation of hazardous waste.
NRS 459.595* False statement, representation or certification; tampering with device.
NRS 459.600* Operation without permit or in violation of condition of permit or order; disposal or discharge of hazardous waste in unauthorized manner; penalty.
PROGRAM FOR VOLUNTARY CLEANUP OF HAZARDOUS SUBSTANCES AND RELIEF FROM LIABILITY
NRS 459.610* Program for voluntary cleanup of hazardous substances and relief from liability
NRS 459.610 Definitions
NRS 459.612 Administrator defined.
NRS 459.614 Commission
NRS 459.616 Division defined
NRS 459.618 Eligible property defined
NRS 459.620 Hazardous substance defined
NRS 459.622 Participant defined
NRS 459.624 Program defined
NRS 459.626 Prospective purchaser defined
NRS 459.628 Remedial agreement defined
NRS 459.630 Responsible party defined
NRS 459.632 Certain real property deemed to be eligible property
NRS 459.634 Application for participation in program
NRS 459.636 Submission of remedial agreement for approval
NRS 459.638 Certification of completion of remedial agreement
NRS 459.640 Effect of certificate of completion: Relief from liability
NRS 459.642 Effect of certificate of completion: Limitations on relief from liability
NRS 459.644 Effect of certificate of completion: Applicability to persons other than original holder
NRS 459.646 Limitations on liability of lenders and persons with security interest in property.
NRS 459.648 Limitations on liability of prospective purchasers. A prospective purchaser is not a responsible party solely as the result
NRS 459.650 Action against responsible party by holder of certificate of completion or seller of property
NRS 459.652 Termination of participation in program
NRS 459.654 Review of decisions of administrator
NRS 459.656 Adoption of regulations by commission
NRS 459.658 Negotiation with Environmental Protection Agency regarding effect of certificate of completion.
HANDLING OF HAZARDOUS MATERIALS
General Provisions
NRS 459.700 Definitions.
NRS 459.701 Commission defined.
NRS 459.7012 Common motor carrier of property defined.
NRS 459.7014 Contract motor carrier defined.
NRS 459.7016 Department defined.
NRS 459.7018 Director defined.
NRS 459.702 Division defined.
NRS 459.7022 Extremely hazardous material defined.
NRS 459.7024 Hazardous material defined.
NRS 459.7026 Person defined.
NRS 459.7028 Private motor carrier of property defined.
NRS 459.704 Coordination of fees, forms and regulations; duties of regulatory agencies.
Transportation; Reporting and
Collection of Information
NRS 459.705 Permit and inspection required to transport certain hazardous materials in motor vehicle; regulations; application to transport radioactive waste.
NRS 459.707 Permit to transport radioactive waste: Revocation; notification to department; complaint filed with Surface Transportation Board.
NRS 459.708 Common, contract and private motor carriers of property: Rejection of and liability for certain packages of radioactive waste.
NRS 459.710 Regulations; imposition and disposition of fees; issuance of identifying device.
NRS 459.713 Limitations on local ordinances and regulations.
NRS 459.715 Repository for information concerning hazardous materials in Nevada.
NRS 459.720 Reports of designated accidents or incidents involving hazardous material; penalty.
NRS 459.725 Duties of director: Administration of provisions; regulations.
NRS 459.730 Division to be notified of transportation of controlled quantities of radioactive material or high-level radioactive waste; confidentiality of information.
State Emergency Response Commission
NRS 459.735 Contingency account for hazardous materials.
NRS 459.738 Creation of commission; appointment and terms of members; appointment of chairman or co-chairmen; employment of staff.
NRS 459.740 Adoption of regulations; acceptance of gifts and grants of money and other revenues.
NRS 459.742 Powers of commission.
NRS 459.744 Establishment of fees.
Responding to Spills, Accidents and Incidents
NRS 459.748 Definitions.
NRS 459.750 Responsibility for cleaning and decontamination of area affected by spill or accident.
NRS 459.755 Use of contingency account for hazardous materials to pay for costs of cleaning and decontamination of area affected by spill or accident.
NRS 459.760 Reimbursement of expenses of responding state agency; reporting of need for additional funding; action by attorney general.
NRS 459.765 Deposit of reimbursement and penalty for credit to contingency account for hazardous materials.
NRS 459.770 Recovery of costs incurred by responding county or city.
NRS 459.773 Development and dissemination of reference guide regarding response to accidents and incidents.
Penalties
NRS 459.775 Unlawful acts: Misdemeanors.
NRS 459.780 Unlawful acts: Gross misdemeanors.
IMMUNITY FROM LIABILITY REGARDING PLANNING
FOR AND RESPONDING TO DISCHARGE
OF HAZARDOUS MATERIAL
NRS 459.790 Hazardous material defined.
NRS 459.792 Scope of immunity: State emergency response commission; local emergency planning committees; persons providing equipment, advice or other assistance.
NRS 459.794 Exclusions from immunity: Damages from gross negligence or misconduct; persons causing discharge; persons receiving compensation for assistance.
NRS 459.796 Prerequisites for immunity: Persons providing equipment, advice or other assistance.
STORAGE TANKS
NRS 459.800* Definitions.
NRS 459.802* Commission defined.
NRS 459.804* Department defined.
NRS 459.806* Director defined.
NRS 459.808* Division defined.
NRS 459.810* Operator defined.
NRS 459.812* Owner defined.
NRS 459.814* Person defined.
NRS 459.816* Regulated substance defined.
NRS 459.818* Release defined.
NRS 459.820* Storage tank defined.
NRS 459.822* Department designated as state agency for regulation of storage tanks.
NRS 459.824* Duties of director.
NRS 459.825* Coordination of fees, regulations and forms; duties of regulatory agencies.
NRS 459.826* Regulations of commission: General requirements.
NRS 459.828* Owner or operator of storage tank to provide department with certain information.
NRS 459.830* Regulations of commission: Standards of performance.
NRS 459.832* Regulations of commission: Closure, removal, disposal and management of storage tanks.
NRS 459.834* Regulations of commission regarding corrective action, evidence of financial responsibility; determination of whether corrective action is required.
NRS 459.836* Permits to operate storage tanks: Regulations; terms and conditions; fee.
NRS 459.838* Account for management of storage tanks: Creation; sources; claims.
NRS 459.840* Account for management of storage tanks: Use; reimbursement; action by attorney general.
NRS 459.842* Enforcement by department; delegation of responsibility.
NRS 459.844* Subpoenas.
NRS 459.846* Disclosure of information obtained by department.
NRS 459.848* Authority to enter and inspect.
NRS 459.850* Action to alleviate hazard to human health, public safety or environment.
NRS 459.852* Order for corrective action.
NRS 459.854* Injunctive relief.
NRS 459.856* Civil penalties; damages.
MISCELLANEOUS PROVISIONS
NRS 459.900 Submission to governmental agencies of information regarding manufacture, processing, use and disposal of toxic chemicals.
NRS 459.910 Unlawful to store high-level radioactive waste in state.
NRS 459.920 Prerequisites for operation or display of radar gun or similar device.
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