Assembly Bill No. 536–Committee on Natural Resources, Agriculture and Mining

(On Behalf of Commission on Workplace Safety)

March 15, 1999

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Referred to Committee on Commerce and Labor

 

SUMMARY—Requires certain permits to be obtained by facility or place of employment where highly hazardous substances or explosives are located. (BDR 40-781)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: Yes.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to public safety; requiring a permit to construct a facility where highly hazardous substances are located; requiring a permit to construct, alter the construction of or modify certain procedures at a place of employment where explosives are located; providing penalties; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. Chapter 459 of NRS is hereby amended by adding thereto

1-2 a new section to read as follows:

1-3 1. No person may commence construction of a new regulated facility

1-4 unless he first obtains a permit from the division for that construction.

1-5 2. An application for such a permit must be submitted on a form

1-6 prescribed by the division.

1-7 3. The division may require the applicant to comply with

1-8 requirements that it establishes by regulation before issuing a permit for

1-9 construction.

1-10 4. The division may charge and collect a fee for the issuance of such

1-11 a permit. All fees collected pursuant to this section and any interest

1-12 earned thereon must be deposited with the state treasurer for credit to the

2-1 fund for precaution against chemical accidents created pursuant to NRS

2-2 459.3824.

2-3 5. The division shall adopt such regulations as are necessary to carry

2-4 out the provisions of this section.

2-5 Sec. 2. NRS 459.3802 is hereby amended to read as follows:

2-6 459.3802 As used in NRS 459.380 to 459.3874, inclusive, and section

2-7 1 of this act, unless the context otherwise requires, the words and terms

2-8 defined in NRS 459.3804 to 459.3812, inclusive, have the meanings

2-9 ascribed to them in those sections.

2-10 Sec. 3. NRS 459.3872 is hereby amended to read as follows:

2-11 459.3872 1. If any person violates any of the provisions of NRS

2-12 459.380 to 459.386, inclusive, or 459.387, or section 1 of this act, or any

2-13 regulation or order adopted or issued pursuant thereto, the division may

2-14 institute a civil action in a court of competent jurisdiction for injunctive or

2-15 any other appropriate relief to prohibit and prevent the violation and the

2-16 court may proceed in the action in a summary manner.

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

2-18 inclusive, a person who violates a provision of NRS 459.380 to 459.386,

2-19 inclusive, or 459.387, or section 1 of this act, or any regulation or order

2-20 adopted pursuant thereto is liable to a civil administrative penalty as set

2-21 forth in NRS 459.3874. If the violation is of a continuing nature, each day

2-22 during which it continues constitutes an additional, separate and distinct

2-23 offense. No civil administrative penalty may be levied until after

2-24 notification to the violator by certified mail or personal service. The notice

2-25 must include a reference to the section of the statute, regulation, order or

2-26 condition of a permit violated, a concise statement of the facts alleged to

2-27 constitute the violation, a statement of the amount of the civil penalties to

2-28 be imposed, and a statement of the violator’s right to a hearing. The

2-29 violator has 20 days after receipt of the notice within which to deliver to

2-30 the division a written request for a hearing. After the hearing if requested,

2-31 and upon a finding that a violation has occurred, the administrator of the

2-32 division may issue a final order after assessing the amount of the fine

2-33 specified in the notice. If no hearing is requested, the notice becomes a

2-34 final order upon the expiration of the 20-day period. Payment of the

2-35 penalty is due when a final order is issued or when the notice becomes a

2-36 final order. The authority to levy a civil administrative penalty is in

2-37 addition to all other provisions for enforcement of NRS 459.380 to

2-38 459.387, inclusive, and the payment of a civil administrative penalty does

2-39 not affect the availability of any other provision for enforcement in

2-40 connection with the violation for which the penalty is levied.

2-41 Sec. 4. NRS 459.3874 is hereby amended to read as follows:

2-42 459.3874 1. The civil administrative penalties are:

3-1 Category of Offense Penalty in U.S. Dollars

3-2 A. Failure to register a new or existing

3-3 regulated facility: $25,000 plus $2,000 per day

3-4 from the due date

3-5 B. Failure to pay annual fee: 75 percent of the fee

3-6 C. Failure to submit a safety report: $10,000 plus $1,000 per day

3-7 from the due date

3-8 D. Failure to conduct an assessment of

3-9 risk through analysis of hazards

3-10 pursuant to the conditions set forth

3-11 in NRS 459.3844: $25,000

3-12 E. Failure to put into effect plan: $50,000

3-13 F. Failure to comply with plan to reduce

3-14 accidents and schedule of

3-15 compliance: up to $5,000

3-16 G. Failure to comply with approved plan

3-17 to reduce accidents, each

3-18 requirement: up to $10,000

3-19 H. Failure to provide information

3-20 requested by the division: $25,000

3-21 I. Failure to grant access to employees

3-22 or agents of division for inspections: $25,000

3-23 J. Failure to provide information or

3-24 grant access to employees or agents

3-25 of division during an emergency: $50,000

3-26 K. Falsification of information submitted

3-27 to division: up to $10,000 per incident

3-28 L. Failure to obtain a permit for the

3-29 construction of a new regulated

3-30 facility: $25,000

3-31 2. The division may compromise and settle any claim for any penalty

3-32 [under] as set forth in this section in such amount in the discretion of the

3-33 division as may appear appropriate and equitable under all of the

3-34 circumstances, including the posting of a performance bond by the

3-35 violator. If a violator is subject to the imposition of more than one civil

3-36 administrative penalty for the same violation, the division shall

3-37 compromise and settle the claim for the penalty [under] as set forth in this

3-38 section in such amount as to avoid the duplication of penalties.

3-39 3. No penalty may be imposed pursuant to this section for the failure

3-40 to perform a required act within the time required if the delay was caused

4-1 by a natural disaster or other circumstances which are beyond the control

4-2 of the violator.

4-3 4. Any person who violates any of the provisions of NRS 459.380 to

4-4 459.386, inclusive, or 459.387, or section 1 of this act, or any regulation

4-5 or order adopted or issued pursuant thereto, or an administrative order

4-6 issued pursuant to subsection 2 of NRS 459.3872 or a court order issued

4-7 pursuant to subsection 1 of NRS 459.3872, or who fails to pay a civil

4-8 administrative penalty in full is subject, upon order of the court, to a civil

4-9 penalty not to exceed $10,000 per day of the violation, and each day’s

4-10 continuance of the violation constitutes a separate and distinct violation.

4-11 Any penalty imposed pursuant to this subsection may be recovered with

4-12 costs in a summary proceeding by the attorney general.

4-13 Sec. 5. Chapter 618 of NRS is hereby amended by adding thereto the

4-14 provisions set forth as sections 6 and 7 of this act.

4-15 Sec. 6. 1. Except as otherwise provided in this section, no person

4-16 may commence construction of, substantially alter the construction of, or

4-17 modify any procedures used to protect the lives, safety and health of

4-18 employees at a place of employment where explosives are produced, used,

4-19 stored or handled unless he first obtains a permit from the division

4-20 therefor.

4-21 2. An application for such a permit must be submitted on a form

4-22 prescribed by the division.

4-23 3. The division may require the applicant to comply with

4-24 requirements that it establishes by regulation before issuing such a

4-25 permit.

4-26 4. The division may charge and collect a fee for the issuance of such

4-27 a permit.

4-28 5. The division shall adopt such regulations as are necessary to carry

4-29 out the provisions of this section.

4-30 6. The provisions of this section do not apply to a person who is

4-31 required to obtain a permit from the division of environmental protection

4-32 of the state department of conservation and natural resources pursuant

4-33 to section 1 of this act.

4-34 7. As used in this section, "explosive" means gunpowders, powders

4-35 used for blasting, all forms of high explosives, blasting materials, fuses

4-36 other than electric circuit breakers, detonators and other detonating

4-37 agents, smokeless powders, other explosive or incendiary devises and any

4-38 chemical compound, mechanical mixture or device that contains any

4-39 oxidizing and combustible units, or other ingredients, in such

4-40 proportions, quantities or packing that ignition by fire, friction,

4-41 concussion, percussion, or detonation of the compound, mixture or

4-42 device or any part thereof may cause an explosion.

5-1 Sec. 7. If any person violates the provisions of section 6 of this act,

5-2 the division may:

5-3 1. Maintain an action in a court of competent jurisdiction for

5-4 injunctive or any other appropriate relief to prohibit and prevent the

5-5 violation. The court may proceed in the action in a summary manner.

5-6 2. Unless a greater penalty is provided in this chapter, require the

5-7 violator to pay an administrative fine of not more than $25,000.

5-8 Sec. 8. The amendatory provisions of this act do not apply to offenses

5-9 that were committed before January 1, 2000.

5-10 Sec. 9. This act becomes effective:

5-11 1. Upon passage and approval for the purposes of adopting regulations

5-12 and performing any other preparatory administrative tasks that are

5-13 necessary to carry out the provisions of this act; and

5-14 2. On January 1, 2000, for all other purposes.

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