2-15 sections 2 and 3 of this act, unless the context otherwise requires, the

2-16 words and terms defined in NRS 459.3804 to 459.3812, inclusive, and

2-20 contiguous area where [highly] :

2-21 1. Highly hazardous substances are produced, used, stored or handled

2-22 [.] ; or

2-26 459.3814, the provisions of NRS 459.380 to 459.3874, inclusive, and this

2-27 section , and sections 2 and 3 of this act, apply to a regulated facility that

2-28 [produces,] :

2-29 (a) Produces, uses, stores or handles a highly hazardous substance in a

2-30 quantity:

2-31 [(a)] (1) Equal to or greater than the amount set forth in NRS

2-32 459.3816; or

2-33 [(b)] (2) Less than the amount set forth in NRS 459.3816 if there are

2-34 two or more releases from the regulated facility of the same or different

2-35 highly hazardous substances during any 12-month period and:

2-36 [(1)] (I) The release of the highly hazardous substances is reportable

2-37 pursuant to 40 C.F.R. Part 302; or

2-38 [(2)] (II) Each quantity released is equal to or greater than a

2-39 maximum quantity allowable as established by regulation of the state

2-40 environmental commission [.] ; or

2-41 (b) Produces and stores explosives.

3-19 division an annual fee based on the fiscal year. The annual fee for each

3-20 facility is the sum of a base fee set by the state environmental commission

3-21 and any additional fee imposed by the commission pursuant to subsection

3-22 2. The annual fee must be prorated and may not be refunded.

3-23 2. The state environmental commission may impose an additional fee

3-24 upon the owner of a regulated facility in an amount determined by the

3-25 commission to be necessary to enable the division to carry out its duties

3-26 pursuant to NRS 459.380 to 459.3874, inclusive. The additional fee must

3-27 be based on a graduated schedule adopted by the commission which takes

3-28 into consideration the quantity of hazardous substances or explosives

3-29 located at each facility.

3-30 3. After the payment of the initial annual fee, the division shall send

3-31 the owner of a regulated facility a bill in July for the annual fee for the

3-32 fiscal year then beginning which is based on the applicable reports for the

3-33 preceding year.

3-34 4. The owner of a regulated facility shall submit, with any payment

3-35 required by this section, the number assigned by the department of

3-36 taxation, for the imposition and collection of taxes pursuant to chapter

3-37 364A of NRS, to the business for which the payment is made.

3-38 5. All fees collected pursuant to this section and any interest earned

3-39 thereon must be deposited with the state treasurer for credit to the fund for

3-40 precaution against chemical accidents [,] and explosives, which is hereby

4-3 registration to be completed by the owner or operator of each facility in the

4-4 state which at any time [produces,] :

4-5 (a) Produces, uses, stores or handles any highly hazardous substance in

4-6 the quantity required to make it hazardous, or more [.] ; or

4-7 (b) Produces and stores any explosive.

4-8 2. This form must provide, in addition to any other information that

4-9 may be required by the division:

4-10 (a) A list of the highly hazardous substances produced, used, stored or

4-11 handled at the facility and the quantity of each, which must identify

4-12 whether those substances are end products, intermediate products, by-

4-13 products or waste products [;

4-14 (b) A] , if the facility produces, uses, stores or handles highly

4-15 hazardous substances;

4-16 (b) A list of the explosives produced and stored at the facility and the

4-17 quantity of each, if the facility produces and stores explosives;

4-18 (c) A general description of the process and principal equipment

4-19 involved in the management of the substances [;

4-20 (c)] or explosives;

4-21 (d) A description of the area in which the facility is situated, including

4-22 its proximity to population and water supplies;

4-23 [(d)] (e) The extent to which the hazards of the facility have been

4-24 identified, evaluated and abated, and the expert knowledge and affiliation

4-25 of the evaluators and any direct or indirect relationship between the

4-26 evaluators and the owner or operator of the facility; and

4-27 [(e)] (f) The name or names of all insurance carriers underwriting the

4-28 environmental liability of the facility and the scope of these policies,

4-29 including any limitations and exclusions.

4-30 [2. Within 90 days after a substance is added to the list of highly

4-31 hazardous substances and within 10 days after a listed substance is newly

4-32 introduced into a facility, the]

4-33 3. The owner or operator of the facility shall file with the division the

4-34 registration form developed and issued by the division and the report on

4-35 safety of the facility required by NRS 459.383 [.] within 90 days:

4-36 (a) After a substance is added to the list of highly hazardous

4-37 substances, if the facility produces, uses, stores or handles highly

4-38 hazardous substances;

4-39 (b) Before a highly hazardous substance is newly introduced into the

4-40 facility, if the facility produces, uses, stores or handles highly hazardous

4-41 substances; and

4-42 (c) Before an explosive is newly introduced into the facility, if the

5-3 act, the owner or operator of a facility shall submit the facility to an

5-4 assessment of risks through analysis of hazards at least every 5 years. The

5-5 assessment must be conducted by a person or persons who possess the

5-6 qualifications required pursuant to NRS 459.3842 and are selected by the

5-7 owner or operator with the approval of the division.

5-8 2. In addition to other duties deemed necessary by the owner or

5-9 operator or the division, the person conducting the assessment shall

5-10 confirm the accuracy of the facility’s current registration and report on

5-11 safety.

5-12 3. The person conducting the assessment shall, at the conclusion of the

5-13 assessment, issue a report of findings, conclusions and recommendations.

5-14 One executed original of this report must be sent by the consultant directly

5-18 [within 60 days after being notified by the division of the schedule

5-19 established for the facility pursuant to NRS 459.3838,] before submitting

5-20 the facility to an assessment of risks through analysis of hazards,

5-21 designate a person or persons who are capable of performing an

5-22 assessment of risks through analysis of hazards on its facility.

5-23 2. If any personnel of a regulated facility possess the necessary

5-24 qualifications to conduct the assessment, the owner or operator of that

5-25 facility may designate any of those persons to conduct the assessment.

5-26 3. Each person designated to conduct the assessment shall present

5-27 appropriate documentation demonstrating his ability to perform the

5-28 assessment. The documentation must include:

5-29 (a) The person’s qualifications in:

5-30 (1) Engineering related to chemical processes;

5-31 (2) Engineering related to safety;

5-32 (3) Preparation of operating procedures;

5-33 (4) Preparation or review of procedures for maintenance;

5-34 (5) Preparation or review of procedures for safety;

5-35 (6) Preparation or review of programs to train operators;

5-36 (7) Performance or review of investigations of accidents;

5-37 (8) Performance of analyses of hazards;

5-38 (9) Performance of risk assessments of risk;

5-39 (10) Preparation or review of plans for response to emergencies;

5-40 (11) Performance of audits of programs to manage risks; and

5-41 (12) Knowledge of the state of the art as it relates to the technology

6-12 459.380 to 459.386, inclusive, or 459.387, or section 3 of this act, or any

6-13 regulation or order adopted or issued pursuant thereto, the division may

6-14 institute a civil action in a court of competent jurisdiction for injunctive or

6-15 any other appropriate relief to prohibit and prevent the violation and the

6-16 court may proceed in the action in a summary manner.

6-17 2. Except as otherwise provided in NRS 445C.010 to 445C.120,

6-18 inclusive, a person who violates a provision of NRS 459.380 to 459.386,

6-19 inclusive, or 459.387, or section 3 of this act, or any regulation or order

6-20 adopted pursuant thereto is liable to a civil administrative penalty as set

6-21 forth in NRS 459.3874. If the violation is of a continuing nature, each day

6-22 during which it continues constitutes an additional, separate and distinct

6-23 offense. No civil administrative penalty may be levied until after

6-24 notification to the violator by certified mail or personal service. The notice

6-25 must include a reference to the section of the statute, regulation, order or

6-26 condition of a permit violated, a concise statement of the facts alleged to

6-27 constitute the violation, a statement of the amount of the civil penalties to

6-28 be imposed, and a statement of the violator’s right to a hearing. The

6-29 violator has 20 days after receipt of the notice within which to deliver to

6-30 the division a written request for a hearing. After the hearing if requested,

6-31 and upon a finding that a violation has occurred, the administrator of the

6-32 division may issue a final order after assessing the amount of the fine

6-33 specified in the notice. If no hearing is requested, the notice becomes a

6-34 final order upon the expiration of the 20-day period. Payment of the

6-35 penalty is due when a final order is issued or when the notice becomes a

6-36 final order. The authority to levy a civil administrative penalty is in

6-37 addition to all other provisions for enforcement of NRS 459.380 to

6-38 459.387, inclusive, and the payment of a civil administrative penalty does

6-39 not affect the availability of any other provision for enforcement in

8-10 system.

8-11 1. Within 60 days after receiving a completed form for registration and

8-12 the annual fee from the owner or operator of a facility, the division shall

8-13 establish for that facility a schedule for the assessment of risks through the

8-14 analysis of hazards which is based on a priority system that is established

8-15 considering the volume of hazardous substances at the facility and the

8-16 population potentially affected by those substances.

8-17 2. The state environmental commission of the state department of

8-18 conservation and natural resources shall adopt regulations for the

8-19 establishment of a priority system.