Nev. Rev. Stat. § 445C.010
Definitions
As used in NRS 445C.010 to 445C.120, inclusive, unless the context otherwise requires, the words and terms defined in NRS 445C.020 to 445C.060, inclusive, have the meanings ascribed to them in those sections.
Nevada Revised Statutes Chapter 445C — Environmental Requirements; Cleanup of Discharged Petroleum
Nevada · statute · Nev. Rev. Stat. ch. 445C · 39 active provisions
Nev. Rev. Stat. § 445C.020
“Environmental audit” defined
“Environmental audit” means an examination of the materials or practices at a regulated facility that is conducted by a regulated person or an agent of a regulated person and that is specifically designed to: 1. Produce systematic, documented and objective results; 2. Identify and prevent noncompliance with any environ…
Nev. Rev. Stat. § 445C.030
“Environmental requirement” defined
“Environmental requirement” means a requirement contained in NRS 444.440 to 444.645, inclusive, 445A.300 to 445A.730, inclusive, 445B.100 to 445B.640, inclusive, 459.400 to 459.600, inclusive, 459.700 to 459.856, inclusive, or 519A.010 to 519A.280, inclusive, or in a regulation adopted pursuant to any of those sections…
Nev. Rev. Stat. § 445C.040
“Regulated facility” defined
“Regulated facility” means an area, building, tank or other facility that is subject to an environmental requirement.
Nev. Rev. Stat. § 445C.050
“Regulated person” defined
“Regulated person” means the owner or operator of a regulated facility.
Nev. Rev. Stat. § 445C.060
“Regulatory agency” defined
“Regulatory agency” means: 1. The State Environmental Commission; 2. The State Department of Conservation and Natural Resources or the Division of Environmental Protection of that Department; 3. A district board of health acting as a solid waste management authority pursuant to NRS 444.440 to 444.620, inclusive; or 4.…
Nev. Rev. Stat. § 445C.070
Mitigating factors considered by court in determining criminal penalty for violation; written agreement regarding environmental audit may be modified; authority of regulatory agency not limited by mitigation of criminal penalty
1. Except as otherwise provided in subsection 3, a court that is determining the appropriate criminal penalty to impose against a regulated person who is convicted for a violation of an environmental requirement shall consider, in mitigation of the penalty, whether: (a) An environmental audit was conducted pursuant to…
Nev. Rev. Stat. § 445C.080
Presumption that regulated person is not liable for administrative or civil penalty for violation; written agreement concerning environmental audit may be modified; authority of regulatory agency not limited by presumption against liability
1. Except as otherwise provided in NRS 445C.090, a regulated person is presumed not to be liable for an administrative or civil penalty for a violation of an environmental requirement if: (a) The regulated person conducted an environmental audit pursuant to a written agreement with the appropriate regulatory agency and…
Nev. Rev. Stat. § 445C.090
Rebuttal of presumption that regulated person is not liable for administrative or civil penalty for violation
The presumption against administrative or civil liability set forth in NRS 445C.080 is rebutted to the extent it is established that: 1. The violation of an environmental requirement was committed willfully or with gross negligence by the regulated person; 2. The regulated person identified and disclosed the violation…
Nev. Rev. Stat. § 445C.100
Administrative or civil proceedings for violation: Burdens of proof
In an administrative or civil proceeding for a violation of an environmental requirement: 1. A regulated person who claims to have made a voluntary examination and disclosure pursuant to an audit agreement has the burden of establishing prima facie that the disclosure met the requirements of subsection 1 of NRS 445C.08…
Nev. Rev. Stat. § 445C.110
Environmental audit: Privileged; exceptions
1. Except as otherwise provided in this section, an environmental audit conducted pursuant to the provisions of NRS 445C.010 to 445C.120, inclusive, shall be deemed privileged and is not admissible in an administrative proceeding or civil action against the regulated person who conducted the audit or the regulated faci…
Nev. Rev. Stat. § 445C.120
Regulations; court or administrative hearing officer not to consider failure to conduct environmental audit in determining liability for violation
1. A regulatory agency may adopt regulations to carry out the provisions of NRS 445C.010 to 445C.120, inclusive. 2. The fact that a regulated person does not conduct an environmental audit pursuant to the provisions of NRS 445C.010 to 445C.120, inclusive, must not be considered by a court or administrative hearing offi…
Nev. Rev. Stat. § 445C.150
Definitions
As used in NRS 445C.150 to 445C.410, inclusive, unless the context otherwise requires, the words and terms defined in NRS 445C.160 to 445C.280, inclusive, have the meanings ascribed to them in those sections.
Nev. Rev. Stat. § 445C.160
“Board” defined
“Board” means the Board to Review Claims.
Nev. Rev. Stat. § 445C.170
“Department” defined
“Department” means the Department of Motor Vehicles.
Nev. Rev. Stat. § 445C.180
“Diesel fuel of grade number 1” defined
“Diesel fuel of grade number 1” means a distillate from fuel oil which is of high volatility and used in high-speed diesel engines generally operated under variations in speed and load. The term includes diesel fuel of the type “C-B,” generally used in buses and similar operations.
Nev. Rev. Stat. § 445C.190
“Diesel fuel of grade number 2” defined
“Diesel fuel of grade number 2” means a distillate from gas oil which is of low volatility and used in high-speed diesel engines generally operated under uniform speed and load. The term includes diesel fuel of the type “R-R,” generally used in railroad locomotives, and type “T-T,” generally used in trucks with diesel…
Nev. Rev. Stat. § 445C.200
“Discharge” defined
“Discharge” means any release, leaking or spilling from a storage tank into water or soil, unless the discharge is authorized by state or federal law.
Nev. Rev. Stat. § 445C.210
“Division” defined
“Division” means the Division of Environmental Protection of the State Department of Conservation and Natural Resources.
Nev. Rev. Stat. § 445C.220
“Fund” defined
“Fund” means the Fund for Cleaning Up Discharges of Petroleum.
Nev. Rev. Stat. § 445C.230
“Heating oil” defined
“Heating oil” means diesel fuel of grade number 1 or 2 or any other form of petroleum used in an oil-fired furnace or boiler for space heating.
Nev. Rev. Stat. § 445C.240
“Motor vehicle fuel” defined
“Motor vehicle fuel” has the meaning ascribed to it in NRS 365.060.
Nev. Rev. Stat. § 445C.250
“Operator” defined
“Operator” means a person who: 1. Owns, controls or is responsible for the operation and management of a storage tank or a discharge from a storage tank; 2. Previously owned, controlled or was responsible for the operation and management of a storage tank immediately before the use of the storage tank was discontinued;…
Nev. Rev. Stat. § 445C.260
“Person” defined
“Person” includes the United States, this State, and any agency or political subdivision of this State.
Nev. Rev. Stat. § 445C.270
“Petroleum” defined
“Petroleum” means crude oil or any fraction thereof which is liquid at a temperature of 60 degrees Fahrenheit and a pressure of 14.7 pounds per square inch absolute.
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