S.B. 327
Senate Bill No. 327–Senator Jacobsen
March 13, 2001
____________
Referred to Committee on Natural Resources
SUMMARY—Revises provisions relating to certain hazardous materials. (BDR 40‑164)
FISCAL NOTE: Effect on Local Government: No.
~
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 certain hazardous materials; revising provisions governing the disposal of certain hazardous materials; revising provisions governing motor carriers who transport certain hazardous materials; 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. NRS 459.400 is hereby amended to read as follows:
1-2 459.400 The purposes of NRS 459.400 to 459.600, inclusive, are to:
1-3 1. Protect human health, public safety and the environment from the
1-4 effects of improper, inadequate or unsound management of hazardous
1-5 waste;
1-6 2. Establish a program for regulation of the storage, generation,
1-7 [transportation,] treatment and disposal of hazardous waste; and
1-8 3. Ensure safe and adequate management of hazardous waste.
1-9 Sec. 2. NRS 459.490 is hereby amended to read as follows:
1-10 459.490 Regulations adopted by the commission pursuant to NRS
1-11 459.485 must be based upon studies, guidelines and regulations of the
1-12 Federal Government and must:
1-13 1. Set out mechanisms for determining whether any waste is
1-14 hazardous;
1-15 2. Govern combinations of wastes which are not compatible and may
1-16 not be stored, treated or disposed of together;
1-17 3. Govern generation, storage, treatment and disposal of hazardous
1-18 waste;
1-19 4. Govern operation and maintenance of facilities for the treatment,
1-20 storage and disposal of hazardous waste, including the qualifications and
1-21 requirements for ownership, continuity of operation, closure and care after
1-22 closing;
2-1 5. Provide standards for location, design and construction of facilities
2-2 for treatment, storage and disposal of hazardous waste;
2-3 6. [Except as otherwise provided in NRS 459.700 to 459.780,
2-4 inclusive, govern the transportation,] Govern the packing and labeling of
2-5 hazardous waste in a manner consistent with regulations issued by the
2-6 United States Department of Transportation relating to hazardous waste;
2-7 7. Provide procedures and requirements for the use of a manifest for
2-8 each shipment of hazardous waste. The procedures and requirements must
2-9 be applied equally to those persons who transport hazardous waste
2-10 generated by others and those who transport hazardous waste which they
2-11 have generated themselves; and
2-12 8. Take into account climatic and geologic variations and other factors
2-13 relevant to the management of hazardous waste.
2-14 Sec. 3. NRS 459.500 is hereby amended to read as follows:
2-15 459.500 1. Except as otherwise provided in NRS 459.700 to
2-16 459.780, inclusive, or 459.800 to 459.856, inclusive:
2-17 (a) Regulations of the commission must provide:
2-18 (1) For safety in the packaging, handling[, transportation] and
2-19 disposal of hazardous waste, including the safety of vehicles and drivers;
2-20 (2) For the certification of consultants involved in consultation
2-21 regarding the response to and the clean up of leaks of hazardous waste,
2-22 hazardous material or a regulated substance from underground storage
2-23 tanks, the clean up of spills of or accidents involving hazardous waste,
2-24 hazardous material or a regulated substance, or the management of
2-25 hazardous waste; and
2-26 (3) That a person employed full time by a business to act as such a
2-27 consultant is exempt from the requirements of certification[:
2-28 (I) If he is certified by the federal Occupational Safety and Health
2-29 Administration] if the person:
2-30 (I) Meets the applicable requirements of 29 C.F.R. § 1910.120 to
2-31 manage such waste, materials or substances; and
2-32 (II) [While] Is acting in the course of that full-time employment.
2-33 (b) Regulations of the commission may:
2-34 (1) Provide for the licensing and other necessary regulation of
2-35 generators, including shippers, [brokers and carriers, both intrastate and
2-36 interstate,] who cause that waste to be transported into or through Nevada
2-37 or for disposal in Nevada;
2-38 (2) Require that the person responsible for a spill, leak or accident
2-39 involving hazardous waste, hazardous material or a regulated substance,
2-40 obtain advice on the proper handling of the spill, leak or accident from a
2-41 consultant certified under the regulations adopted pursuant to paragraph
2-42 (a); and
2-43 (3) Establish standards relating to the education, experience,
2-44 performance and financial responsibility required for the certification of
2-45 consultants.
2-46 2. The regulations may include provisions for:
2-47 (a) Fees to pay the cost of inspection, certification and other regulation,
2-48 excluding any activities conducted pursuant to NRS 459.7052 to 459.728,
2-49 inclusive; and
3-1 (b) Administrative penalties of not more than $2,500 per violation or
3-2 $10,000 per shipment for violations by persons licensed by the department,
3-3 and the criminal prosecution of violations of its regulations by persons who
3-4 are not licensed by the department.
3-5 3. Designated employees of the department and the Nevada highway
3-6 patrol division shall enforce the regulations of the commission relating to
3-7 the [transport and] handling of hazardous waste[, as they affect the safety
3-8 of drivers and vehicles] and the leakage or spill of that waste from
3-9 packages.
3-10 Sec. 4. NRS 459.7058 is hereby amended to read as follows:
3-11 459.7058 1. Except as otherwise required by federal law, the
3-12 department shall immediately suspend or revoke the registration and permit
3-13 for the transportation of hazardous materials, or deny the approval of an
3-14 application for such a registration and permit, by a motor carrier who:
3-15 (a) Knowingly makes a materially false or misleading statement on the
3-16 application for the registration and permit;
3-17 (b) Is assigned an unsatisfactory safety rating pursuant to 49 C.F.R. Part
3-18 385;
3-19 (c) Is subject to an order entered pursuant to 49 C.F.R. § 386.72;
3-20 (d) Does not maintain the financial responsibility for liability required
3-21 pursuant to 49 C.F.R. Part 387 and the laws of this state;
3-22 (e) Knowingly uses a forged certificate of registration or permit for the
3-23 transportation of hazardous materials;
3-24 (f) Knowingly allows the use of his registration or permit for the
3-25 transportation of hazardous materials by any person other than an agent or
3-26 employee of the motor carrier; or
3-27 (g) Is convicted of a serious violation or repeated violations of the laws
3-28 of this state for the regulation of [common, contract or private] motor
3-29 carriers . [of property.]
3-30 2. Upon taking any action pursuant to subsection 1, the department
3-31 shall:
3-32 (a) Notify the motor carrier, by certified mail, of the reasons for its
3-33 action and of any action the motor carrier may take to obtain the
3-34 reinstatement of his registration and permit or the approval of his
3-35 application; and
3-36 (b) Provide the motor carrier with an opportunity for a fair and impartial
3-37 hearing on the matter.
3-38 Sec. 5. NRS 459.706 is hereby amended to read as follows:
3-39 459.706 1. The department shall not issue a permit required pursuant
3-40 to NRS 459.7052 to a [common, contract or private] motor carrier [of
3-41 property] who is seeking to transport radioactive waste upon a public
3-42 highway of this state without first determining that the carrier transporting
3-43 the waste is in compliance and will continue to comply with all laws and
3-44 regulations of this state and the Federal Government respecting the
3-45 handling and transportation of radioactive waste and the safety of drivers
3-46 and vehicles.
3-47 2. Any [common, contract or private] motor carrier [of property] who
3-48 maintains his books and records outside of this state must, in addition to
3-49 any other assessments and fees provided by law, be assessed by the
4-1 department for an amount equal to the travel expenses, including the excess
4-2 of the out-of-state subsistence allowances over the in-state subsistence
4-3 allowances, as fixed by NRS 281.160, of employees of the department for
4-4 investigations, inspections and audits which may be required to be
4-5 performed outside of this
state in carrying out the provisions of
subsection 1.
4-6 3. The assessment provided for in subsection 2 must be determined by
4-7 the department upon the completion of each such investigation, inspection
4-8 or audit and is due within 30 days after the date on which the affected
4-9 [common, contract or private] motor carrier receives the assessment. The
4-10 records of the department relating to the additional costs incurred by reason
4-11 of necessary travel must be open for inspection by the affected carrier at
4-12 any time within the 30-day period.
4-13 Sec. 6. NRS 459.708 is hereby amended to read as follows:
4-14 459.708 1. A [common, contract or private] motor carrier [of
4-15 property] who is transporting radioactive waste shall reject any package
4-16 containing the waste which is tendered to him for transport in this state if
4-17 the package:
4-18 (a) Is leaking or spilling its contents;
4-19 (b) Does not bear a:
4-20 (1) [Mark] Marking required pursuant to 49 C.F.R. Part 172, Subpart
4-21 D;
4-22 (2) Label required pursuant to 49 C.F.R. Part 172, Subpart E; or
4-23 (3) Placard required pursuant to 49 C.F.R. Part 172, Subpart F; or
4-24 (c) Is not accompanied by a:
4-25 (1) Shipping paper required pursuant to 49 C.F.R. Part 172, Subpart
4-26 C; or
4-27 (2) Manifest required pursuant to 10 C.F.R. Part 20, Appendix G.
4-28 2. A carrier who accepts radioactive waste for transport in this state is
4-29 liable for any package in his custody which leaks or spills its contents, does
4-30 not bear the required [mark,] marking, label or placard, or is not
4-31 accompanied by the required shipping paper or manifest, unless, in the case
4-32 of a leak or spill of the waste and by way of affirmative defense, the carrier
4-33 proves that he did not and could not know of the leak when he accepted the
4-34 package for transport.
4-35 Sec. 7. NRS 459.709 is hereby amended to read as follows:
4-36 459.709 1. A [common, contract or private] motor carrier [of
4-37 property] shall not transport any high-level radioactive waste or spent
4-38 nuclear fuel upon a public highway of this state unless:
4-39 (a) The high-level radioactive waste or spent nuclear fuel is contained in
4-40 a package that has been approved for that purpose pursuant to 10 C.F.R.
4-41 Part 71; and
4-42 (b) The carrier has complied with the provisions of 10 C.F.R. Part 71
4-43 and 10 C.F.R. Part 73 requiring the advance notification of the governor of
4-44 this state or his designee.
4-45 2. As used in this section:
4-46 (a) “High-level radioactive waste” has the meaning ascribed to it in 10
4-47 C.F.R. § 72.3.
5-1 (b) “Spent nuclear fuel” has the meaning ascribed to it in 10 C.F.R. §
5-2 72.3.
5-3 Sec. 8. NRS 459.718 is hereby amended to read as follows:
5-4 459.718 1. A person responsible for the care, custody or control of a
5-5 hazardous material which is involved in an accident or incident occurring
5-6 during the transportation of the hazardous material by a motor carrier,
5-7 including any accident or incident occurring during any loading, unloading
5-8 or temporary storage of the hazardous material while it is subject to active
5-9 shipping papers and before it has reached its ultimate consignee, shall
5-10 notify the division , consistent with the requirements of 49 C.F.R. §
5-11 171.15, as soon as practicable if, as a result of the hazardous material:
5-12 (a) A person is killed;
5-13 (b) A person receives injuries that require hospitalization;
5-14 (c) Any damage to property exceeds $50,000;
5-15 (d) There is an evacuation of the general public for 1 hour or more;
5-16 (e) One or more major transportation routes or facilities are closed or
5-17 shut down for 1 hour or more;
5-18 (f) There is an alteration in the operational flight pattern or routine of
5-19 any aircraft;
5-20 (g) Any radioactive contamination is suspected;
5-21 (h) Any contamination by an infectious substance is suspected;
5-22 (i) There is a release of a liquid marine pollutant in excess of 450 liters
5-23 or a solid marine pollutant in excess of 400 kilograms; or
5-24 (j) Any situation exists at the site of the accident or incident which, in
5-25 the judgment of the person responsible for the care, custody or control of
5-26 the hazardous material, should be reported to the division.
5-27 2. The notification required pursuant to this section must include:
5-28 (a) The name of the person providing the notification;
5-29 (b) The name and address of the motor carrier represented by that
5-30 person;
5-31 (c) The telephone number where that person can be contacted;
5-32 (d) The date, time and location of the accident or incident;
5-33 (e) The extent of any injuries;
5-34 (f) The classification, name and quantity of the hazardous material
5-35 involved, if that information is available; and
5-36 (g) The type of accident or incident, the nature of the hazardous
5-37 material involved and whether there is a continuing danger to life at the
5-38 scene of the accident or incident.
5-39 3. A person may satisfy the requirements of this section by providing
5-40 the information specified in subsection 2 to the person who responds to a
5-41 telephone call placed to:
5-42 (a) The number 911 in an area where that number is used for
5-43 emergencies; or
5-44 (b) The number zero in an area where the number 911 is not used for
5-45 emergencies.
5-46 Sec. 9. NRS 459.735 is hereby amended to read as follows:
5-47 459.735 1. The contingency account for hazardous materials is
5-48 hereby created in the state general fund.
6-1 2. The commission shall administer the contingency account for
6-2 hazardous materials, and the money in the account may be expended only
6-3 for:
6-4 (a) Carrying out the provisions of NRS 459.735 to 459.773, inclusive;
6-5 (b) Carrying out the provisions of [Public Law 99-499 and Title I of
6-6 Public Law 93-633;] 42 U.S.C. §§ 11001 et seq. and 49 U.S.C. §§ 5101 et
6-7 seq.;
6-8 (c) Maintaining and supporting the operations of the commission and
6-9 local emergency planning committees;
6-10 (d) Training and equipping state and local personnel to respond to
6-11 accidents and incidents involving hazardous materials; and
6-12 (e) The operation of training programs and a training center for
6-13 handling emergencies relating to hazardous materials and related fires
6-14 pursuant to NRS 477.045.
6-15 3. All money received by this state [as a result of Public Law 99-499
6-16 or Title I of Public Law 93-633] pursuant to 42 U.S.C. §§ 11001 et seq. or
6-17 49 U.S.C. §§ 5101 et seq. must be deposited with the state treasurer to the
6-18 credit of the contingency account for hazardous materials. In addition, all
6-19 money received by the commission from any source must be deposited
6-20 with the state treasurer to the credit of the contingency account for
6-21 hazardous materials. The state controller shall transfer from the
6-22 contingency account to the operating account of the state fire marshal such
6-23 money collected pursuant to chapter 477 of NRS as is authorized for
6-24 expenditure in the budget of the state fire marshal for use pursuant to
6-25 paragraph (e) of subsection 2.
6-26 4. Upon the presentation of budgets in the manner required by law,
6-27 money to support the operation of the commission pursuant to this chapter,
6-28 other than its provision of grants, must be provided by direct legislative
6-29 appropriation from the state highway fund to the contingency account for
6-30 hazardous materials.
6-31 5. The interest and income earned on the money in the contingency
6-32 account for hazardous materials, after deducting any applicable charges,
6-33 must be credited to the account.
6-34 6. All claims against the contingency account for hazardous materials
6-35 must be paid as other claims against the state are paid.
6-36 Sec. 10. NRS 459.738 is hereby amended to read as follows:
6-37 459.738 1. The state emergency response commission is hereby
6-38 created for the purpose of carrying out the provisions of [NRS 414.135,
6-39 Public Law 99-499] 42 U.S.C. §§ 11001 et seq. and other matters relating
6-40 thereto.
6-41 2. The commission consists of not more than 25 members appointed
6-42 by the governor. The governor shall, to the extent practicable, appoint
6-43 persons to the commission who have technical expertise in responding to
6-44 emergencies.
6-45 3. The term of each member of the commission is 4 years. A member
6-46 may be reappointed, and there is no limit on the number of terms that a
6-47 member may serve.
6-48 4. The governor shall appoint one or more of the members of the
6-49 commission to serve as chairman or co-chairmen.
7-1 5. The commission may employ, within the limits of legislative
7-2 appropriations, such staff as is necessary to the performance of its duties.
7-3 Sec. 11. NRS 459.740 is hereby amended to read as follows:
7-4 459.740 The commission may:
7-5 1. Adopt regulations for the purpose of enforcing its responsibilities
7-6 pursuant to [Public Law 99-499.]42 U.S.C. §§ 11001 et seq.
7-7 2. Accept gifts and grants of money and other revenues for the purpose
7-8 of enforcing its responsibilities pursuant to [Public Law 99-499.]42 U.S.C.
7-9 §§ 11001 et seq.
7-10 Sec. 12. NRS 459.742 is hereby amended to read as follows:
7-11 459.742 The commission, in carrying out its duties and within the
7-12 limits of legislative appropriations and other available money, may:
7-13 1. Enter into contracts, leases or other agreements or transactions;
7-14 2. Provide grants of money to local emergency planning committees to
7-15 improve their ability to respond to emergencies involving hazardous
7-16 materials;
7-17 3. Assist with the development of comprehensive plans for responding
7-18 to such emergencies in this state;
7-19 4. Provide technical assistance and administrative support to the
7-20 telecommunications unit of the communication and computing division of
7-21 the department of information technology for the development of systems
7-22 for communication during such emergencies;
7-23 5. Provide technical and administrative support and assistance for
7-24 training programs;
7-25 6. Develop a system to provide public access to data relating to
7-26 hazardous materials;
7-27 7. Support any activity or program eligible to receive money from the
7-28 contingency account for hazardous materials;
7-29 8. Adopt regulations setting forth the manner in which the division of
7-30 emergency management of the department [of motor vehicles and public
7-31 safety] shall:
7-32 (a) Allocate money received by the division which relates to hazardous
7-33 materials or is received pursuant to [Public Law 99-499 or Title I of Public
7-34 Law 93-633;] 42 U.S.C. §§ 11001 et seq. or 49 U.S.C. §§ 5101 et seq.; and
7-35 (b) Approve programs developed to address planning for and
7-36 responding to emergencies involving hazardous materials; and
7-37 9. Coordinate the activities administered by state agencies to carry out
7-38 the provisions of chapter 459 of NRS, [Public Law 99-499 and Title I of
7-39 Public Law 93-633.]42 U.S.C. §§ 11001 et seq. and 49 U.S.C. §§ 5101 et
7-40 seq.
7-41 Sec. 13. NRS 459.744 is hereby amended to read as follows:
7-42 459.744 1. The commission shall establish by regulation:
7-43 (a) A schedule of fees for its services and regulatory activities. The fees
7-44 must be set at an amount which approximates the cost to the commission of
7-45 performing those services and activities.
7-46 (b) A fee, not to exceed $5,000 per year, to be paid by each person who
7-47 stores an extremely hazardous material in an amount greater than the
7-48 threshold planning quantity established for such material in [Appendix A
8-1 or B of Part 355 of Title 40 of the Code of Federal Regulations.] 40 C.F.R.
8-2 Part 355, Appendix A or B. The fee must include:
8-3 (1) A filing fee for each facility in which such material is stored; and
8-4 (2) A surcharge for each ton of such material stored in excess of 1
8-5 ton,
8-6 and must be paid on or before March 1 of each year for the preceding
8-7 calendar year.
8-8 (c) A fee, not to exceed $2,000 per year, to be paid by each person who
8-9 manufactures for transport an extremely hazardous material in an amount
8-10 greater than the threshold planning quantity established for such material in
8-11 [Appendix A or B of Part 355 of Title 40 of the Code of Federal
8-12 Regulations.] 40 C.F.R. Part 355, Appendix A or B. The fee must include:
8-13 (1) A filing fee for each facility in which such material is
8-14 manufactured; and
8-15 (2) A surcharge for each ton of such material which is manufactured
8-16 for transport in this state,
8-17 and must be paid on or before January 31 of each year for the preceding
8-18 calendar year.
8-19 (d) A reporting fee of $500 to be paid by each person who is required to
8-20 submit a toxic chemical release form pursuant to [Public Law 99-499,] 42
8-21 U.S.C. §§ 11001 et seq., which becomes due upon the filing of the form.
8-22 2. The commission shall not require any person to pay more than
8-23 $5,000 in fees imposed pursuant to subsection 1 for any calendar year.
8-24 Sec. 14. NRS 459.792 is hereby amended to read as follows:
8-25 459.792 1. The state emergency response commission, each local
8-26 emergency planning committee appointed by the commission, and their
8-27 respective members are immune from liability for the death of or injury to
8-28 persons, and for injury to property, resulting from the performance of their
8-29 functions under this chapter and under [Public Law 99-499 as that law
8-30 existed on January 1, 1993.]42 U.S.C. §§ 11001 et seq.
8-31 2. Except as limited by NRS 459.794 and 459.796, a person who
8-32 provides equipment, advice or other assistance in mitigating or attempting
8-33 to mitigate the effects of a discharge of hazardous material, or in
8-34 preventing, cleaning up, or disposing of such a discharge, or in attempting
8-35 to prevent, clean up, or dispose of such a discharge, is immune from
8-36 liability for the death of or injury to persons, and for injury to property,
8-37 resulting from those activities.
8-38 Sec. 15. NRS 459.7012, 459.7014 and 459.7028 are hereby repealed.
8-39 TEXT OF REPEALED SECTIONS
8-40 459.7012 “Common motor carrier of property” defined.
8-41 “Common motor carrier of property” has the meaning ascribed to it in
8-42 NRS 706.046.
8-43 459.7014 “Contract motor carrier” defined. “Contract motor
8-44 carrier” has the meaning ascribed to it in NRS 706.051.
9-1 459.7028 “Private motor carrier of property” defined. “Private
9-2 motor carrier of property” has the meaning ascribed to it in NRS 706.111.
9-3 H