Amendment No. 409

Assembly Amendment to Assembly Bill No. 173 (BDR 40-434)

Proposed by: Committee on Natural Resources, Agriculture, and Mining

Amendment Box: Replaces Amendment No. 236.

Resolves Conflicts with: N/A

Amends: Summary: Title: Preamble: Joint Sponsorship:

ASSEMBLY ACTION Initial and Date | SENATE ACTION Initial and Date

Adopted Lost | Adopted Lost

Concurred In Not | Concurred In Not

Receded Not | Receded Not

Amend the bill as a whole by renumbering section 1 as sec. 2 and adding a new section designated section 1, following the enacting clause, to read as follows:

"Section 1. Chapter 459 of NRS is hereby amended by adding thereto a new section to read as follows:

"Household waste" means waste material, including, without limitation, garbage, trash and sanitary wastes in septic tanks that is generated by a household, including, without limitation, a single-family or multiple-unit residence, hotel, motel, bunkhouse, ranger station, crew quarters, campground, picnic ground and day-use recreational area. The term does not include nickel, cadmium, mercuric oxide, manganese, zinc-carbon or lead batteries, toxic art supplies, used motor oil, kerosene, solvent-based paint, paint thinner, paint solvents, fluorescent or high-intensity light bulbs, ammunition, fireworks, pesticides the use of which has been prohibited or restricted, or any other waste generated by a household that would otherwise be defined as hazardous waste pursuant to subsection 2 of NRS 459.430.".

Amend the bill as a whole by renumbering sec. 2 as sec. 6 and adding new sections designated sections 3 through 5, following section 1, to read as follows:

"Sec. 3. NRS 459.405 is hereby amended to read as follows:

459.405 As used in NRS 459.400 to 459.600, inclusive, unless the context otherwise requires, the words and terms defined in NRS 459.410 to 459.455, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.

Sec. 4. NRS 459.430 is hereby amended to read as follows:

459.430 "Hazardous waste" means any waste or combination of wastes, including , without limitation, solids, semisolids, liquids or contained gases, except household waste, which:

1. Because of its quantity or concentration or its physical, chemical or infectious characteristics may:

(a) Cause or significantly contribute to an increase in mortality or serious irreversible or incapacitating illness; or

(b) Pose a substantial hazard or potential hazard to human health, public safety or the environment when it is given improper treatment, storage, transportation, disposal or other management.

2. Is identified as hazardous by the department as a result of studies undertaken for the purpose of identifying hazardous wastes.

The term includes, among other wastes, toxins, corrosives, flammable materials, irritants, strong sensitizers and materials which generate pressure by decomposition, heat or otherwise.

Sec. 5. NRS 459.475 is hereby amended to read as follows:

459.475 The department shall:

1. Except as otherwise provided in NRS 459.480 , enforce the commission’s regulations on hazardous waste;

2. Develop and publish a plan of management of hazardous waste in this state, including among other things, descriptions of:

(a) Sources of hazardous waste, including information on the types and quantities of the waste; [and]

(b) Current practices and costs in the management of hazardous waste, including treatment, storage and disposal; and

(c) The hazards associated with the use by a consumer of a commercial product in a manner contrary to the directions for use, cautions or warnings appearing on the label of the product, if the department determines that such a description is necessary; and

3. Cooperate with other states to bring about improved management of hazardous waste, encourage the enactment of uniform state laws relating to hazardous waste, and develop compacts between this and other states which are designed to provide for improved management of hazardous waste.".

Amend the title of the bill, third line, after "handled;" by inserting:

"excluding certain types of household waste from the definition of hazardous waste; authorizing the state department of conservation and natural resources to include within its plan of management of hazardous waste in this state a description of the hazards associated with certain uses of commercial products;".

Amend the summary of the bill to read as follows:

"SUMMARY—Makes various changes concerning regulation of hazardous waste. (BDR 40-434)".