(Reprinted with amendments adopted on April 21, 2003)
FIRST REPRINT S.B. 127
Senate Bill No. 127–Committee on Commerce and Labor
(On Behalf of Subcommittee on Industrial Explosives)
February 13, 2003
____________
Referred to Committee on Natural Resources
SUMMARY—Makes various changes to provisions governing hazardous materials. (BDR 40‑296)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: 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 hazardous materials; authorizing the Division of Environmental Protection of the State Department of Conservation and Natural Resources to investigate certain accidents at facilities; providing for the recovery by the Division of its costs incurred in conducting such an investigation; deleting the statutory list of highly hazardous substances; requiring the State Environmental Commission to adopt regulations designating a list of highly hazardous substances and designating specific materials that are subject to regulation as explosives; revising the provisions relating to the regulation of facilities and the disclosure of records and information of facilities involved in the use, production, storage or handling of highly hazardous substances or in the manufacture of explosives; requiring the Commission to adopt certain regulations concerning such facilities; authorizing the Administrator of the Division to issue certain orders; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
2-1 Section 1. Chapter 459 of NRS is hereby amended by adding
2-2 thereto a new section to read as follows:
2-3 1. The Division may investigate an accident occurring in
2-4 connection with a process that involves one or more highly
2-5 hazardous substances or explosives at a facility which results in an
2-6 uncontrolled emission, fire or explosion and which presented an
2-7 imminent and substantial danger to the health of the employees of
2-8 the facility, the public health or the environment, to determine the
2-9 cause of the accident if the owner or operator of the facility:
2-10 (a) Is unwilling to commence and has not commenced an
2-11 investigation in a timely manner; or
2-12 (b) Is not capable of and has not retained expertise capable of
2-13 conducting an investigation.
2-14 2. If the Division chooses to conduct such an investigation,
2-15 the owner or operator of the facility shall, in a manner consistent
2-16 with the safety of the employees of the Division and the facility,
2-17 and without placing an undue burden on the operation of the
2-18 facility, cooperate with the Division by:
2-19 (a) Allowing the Division:
2-20 (1) To investigate the accident site and directly related
2-21 facilities, including, without limitation, control rooms;
2-22 (2) To examine physical evidence; and
2-23 (3) If practicable, to inspect equipment both externally and
2-24 internally;
2-25 (b) Providing the Division with pertinent documents; and
2-26 (c) Allowing the Division to conduct independent interviews of
2-27 the employees of the facility, subject to all rights of the facility and
2-28 the employees to be represented by legal counsel, management
2-29 representatives and union representatives during the interviews.
2-30 3. To the maximum extent feasible, the Division shall
2-31 coordinate any investigation it conducts pursuant to this section
2-32 with investigations conducted by other agencies with jurisdiction
2-33 over the facility to minimize any adverse impact on the facility and
2-34 its employees.
2-35 4. The Division may contract for the services of a technical
2-36 expert in conducting an investigation pursuant to this section and
2-37 may recover its costs for such services from the owner or operator
2-38 of the facility.
2-39 5. If an investigation is conducted by the Division pursuant to
2-40 this section, all costs incurred by the Division in conducting the
2-41 investigation, including, without limitation, the costs of services
2-42 provided pursuant to subsection 4, may be recovered by the
2-43 Division from the owner or operator of the facility at which the
2-44 accident occurred.
3-1 6. The State Environmental Commission may adopt
3-2 regulations setting forth the procedures governing an
3-3 investigation conducted by the Division pursuant to this section
3-4 and the procedures for the recovery by the Division of all costs
3-5 incurred by the Division in conducting the investigation.
3-6 Sec. 2. NRS 459.3802 is hereby amended to read as follows:
3-7 459.3802 As used in NRS 459.380 to 459.3874, inclusive, and
3-8 section 1 of this act, unless the context otherwise requires, the
3-9 words and terms defined in NRS [459.3804] 459.3806 to
3-10 459.38125, inclusive, have the meanings ascribed to them in those
3-11 sections.
3-12 Sec. 3. NRS 459.3809 is hereby amended to read as follows:
3-13 459.3809 “Process” means:
3-14 1. Any activity that involves a highly hazardous substance
3-15 [listed in NRS 459.3816 or in a regulation of the Division adopted
3-16 pursuant to NRS 459.3833, and includes,] or explosive, including,
3-17 without limitation, the use, storage, manufacture, handling or on-site
3-18 movement , [of the substance,] or any combination thereof [.] of the
3-19 substance or explosive.
3-20 2. A group of vessels that are used in connection with such an
3-21 activity, including vessels that are:
3-22 (a) Interconnected; or
3-23 (b) Separate, but located in such a manner [which makes
3-24 possible the release of a substance.] that a highly hazardous
3-25 substance or explosive could potentially be released, including,
3-26 without limitation, the release, fire or explosion in one vessel that
3-27 could cause a release, fire or explosion in another vessel.
3-28 3. As used in this section:
3-29 (a) “Explosive” means any material designated as subject to
3-30 regulation as an explosive pursuant to NRS 459.3816; and
3-31 (b) “Highly hazardous substance” means a substance
3-32 designated as highly hazardous pursuant to NRS 459.3816.
3-33 Sec. 4. NRS 459.381 is hereby amended to read as follows:
3-34 459.381 [“Regulated facility”] “Facility” means a building,
3-35 equipment and contiguous area where:
3-36 1. Highly hazardous substances are produced, used, stored or
3-37 handled; or
3-38 2. Explosives are manufactured for sale.
3-39 Sec. 5. NRS 459.3813 is hereby amended to read as follows:
3-40 459.3813 1. Except as otherwise provided in this section and
3-41 NRS 459.3814, the provisions of NRS 459.380 to 459.3874,
3-42 inclusive, and section 1 of this act and any regulations adopted
3-43 pursuant thereto, apply to a [regulated facility that:
3-44 (a) Produces, uses, stores or handles] facility:
4-1 (a) That is constructing or operating a process which involves
4-2 a highly hazardous substance in a quantity:
4-3 (1) Equal to or greater than the amount [set forth in]
4-4 designated pursuant to NRS 459.3816; or
4-5 (2) Less than the amount [set forth in] designated pursuant
4-6 to NRS 459.3816 if there are two or more releases from the
4-7 [regulated] facility of the same or different highly hazardous
4-8 substances during any 12-month period and:
4-9 (I) The release of the highly hazardous substances is
4-10 reportable pursuant to 40 C.F.R. Part 302; or
4-11 (II) Each quantity released is equal to or greater than a
4-12 maximum quantity allowable as established by regulation of the
4-13 State Environmental Commission; or
4-14 (b) [Manufactures] Where explosives are manufactured for
4-15 sale.
4-16 2. The owner or operator of a facility that is constructing or
4-17 operating a process described in subsection 1 shall ensure that
4-18 each process constructed or operated by the facility complies with
4-19 the provisions of NRS 459.380 to 459.3874, inclusive, and section
4-20 1 of this act and any regulations adopted pursuant thereto.
4-21 3. A [regulated] facility described in subparagraph (2) of
4-22 paragraph (a) of subsection 1 is exempt from [complying with] the
4-23 provisions of NRS 459.380 to 459.3874, inclusive, and section 1 of
4-24 this act and any regulations adopted pursuant thereto if:
4-25 (a) The Division determines that the [regulated facility has:
4-26 (1) Carried out the detailed plan to abate hazards
4-27 recommended pursuant to subsection 3 of NRS 459.3852; and
4-28 (2) Complied] owner or operator of the facility has
4-29 complied with such [other] provisions of NRS 459.380 to 459.3874,
4-30 inclusive, and section 1 of this act and the regulations adopted
4-31 pursuant thereto, as the Division requires; and
4-32 (b) The [regulated] owner or operator of the facility obtains an
4-33 exemption from the State Environmental Commission. The State
4-34 Environmental Commission shall adopt by regulation the procedures
4-35 for obtaining such an exemption.
4-36 [3.] 4. As used in this section [, “highly] :
4-37 (a) “Explosive” means any [substance] material designated as
4-38 [such in NRS 459.3816 or any regulations adopted pursuant
4-39 thereto.]subject to regulation as an explosive pursuant to NRS
4-40 459.3816.
4-41 (b) “Highly hazardous substance” means a substance
4-42 designated as highly hazardous pursuant to NRS 459.3816.
4-43 Sec. 6. NRS 459.3814 is hereby amended to read as follows:
4-44 459.3814 The provisions of NRS 459.380 to 459.3874,
4-45 inclusive, and section 1 of this act do not apply to:
5-1 1. The transportation of any hazardous substances within or
5-2 through this state which is regulated by the State or the United
5-3 States Department of Transportation.
5-4 2. Any final use of anhydrous ammonia for an agricultural
5-5 purpose, including storage of the substance on the premises of a
5-6 farm.
5-7 3. Activities which are regulated pursuant to both 30 U.S.C. §§
5-8 801 et seq. and 42 U.S.C. § 7412(r).
5-9 Sec. 7. NRS 459.3816 is hereby amended to read as follows:
5-10 459.3816 1. [The following substances are designated as
5-11 highly hazardous, if present in the quantity designated after each
5-12 substance or a greater quantity:
5-13 Number Assigned
5-14 by Chemical Quantity
5-15 Chemical Name of SubstanceAbstract Service(In pounds)
5-16 Acetaldehyde...................... 75-07-0 2500
5-17 Acrolein (2-Propenal)..... 107-02-8 150
5-18 Acrylyl Chloride.............. 814-68-6 250
5-19 Allyl Chloride.................. 107-05-1 1000
5-20 Allylamine....................... 107-11-9 1000
5-21 Alkylaluminums..................... None 5000
5-22 Ammonia, Anhydrous... 7664-41-7 5000
5-23 Ammonia solutions (concentration
5-24 greater than 44% ammonia by
5-25 weight)........................... 7664-41-7 10000
5-26 Ammonium Perchlorate7790-98-9 7500
5-27 Ammonium Permanganate7787-36-2 7500
5-28 Arsine (also called Arsenic Hydride)7784-42-1 100
5-29 Bis (Chloromethyl) Ether542-88-1 100
5-30 Boron Trichloride....... 10294-34-5 2500
5-31 Boron Trifluoride......... 7637-07-2 250
5-32 Bromine......................... 7726-95-6 1500
5-33 Bromine Chloride....... 13863-41-7 1500
5-34 Bromine Pentafluoride. 7789-30-2 2500
5-35 Bromine Trifluoride..... 7787-71-5 15000
5-36 3-Bromopropyne (also called
5-37 Propargyl Bromide)........ 106-96-7 100
5-38 Butyl Hydroperoxide (Tertiary)75-91-2 5000
5-39 Butyl Perbenzoate (Tertiary)614-45-9 7500
5-40 Carbonyl Chloride (see Phosgene)75-44-5100
5-41 Carbonyl Fluoride........... 353-50-4 2500
5-42 Cellulose Nitrate (concentration
5-43 greater than 12.6% Nitrogen)9004-70-02500
6-1 Chlorine.......................... 7782-50-5 1500
6-2 Chlorine Dioxide......... 10049-04-4 1000
6-3 Chlorine Pentafluoride13637-63-3 1000
6-4 Chlorine Trifluoride...... 7790-91-2 1000
6-5 Chlorodiethylaluminum (also
6-6 called Diethylaluminum Chloride)96-10-65000
6-7 1-Chloro-2,4-Dinitrobenzene97-00-7 5000
6-8 Chloromethyl Methyl Ether107-30-2 500
6-9 Chloropicrin....................... 76-06-2 500
6-10 Chloropicrin and Methyl Bromide
6-11 mixture.................................... None 1500
6-12 Chloropicrin and Methyl Chloride
6-13 mixture.................................... None 1500
6-14 Cumene Hydroperoxide.... 80-15-9 5000
6-15 Cyanogen......................... 460-19-5 2500
6-16 Cyanogen Chloride.......... 506-77-4 500
6-17 Cyanuric Fluoride........... 675-14-9 100
6-18 Diacetyl Peroxide (concentration
6-19 greater than 70%)............ 110-22-5 5000
6-20 Diazomethane.................. 334-88-3 500
6-21 Dibenzoyl Peroxide........... 94-36-0 7500
6-22 Diborane...................... 19287-45-7 100
6-23 Dibutyl Peroxide (Tertiary)110-05-4 5000
6-24 Dichloro Acetylene....... 7572-29-4 250
6-25 Dichlorosilane............... 4109-96-0 2500
6-26 Diethylzinc....................... 557-20-0 10000
6-27 Diisopropyl Peroxydicarbonate105-64-67500
6-28 Dilauroyl Peroxide.......... 105-74-8 7500
6-29 Dimethyl Sulfide............... 75-18-3 100
6-30 Dimethyldichlorosilane..... 75-78-5 1000
6-31 Dimethylhydrazine, 1.1-.... 57-14-7 1000
6-32 Dimethylamine, Anhydrous124-40-3 2500
6-33 2, 4 Dinitroaniline............. 97-02-9 5000
6-34 Ethyl Methyl Ketone Peroxide
6-35 (also Methyl Ethyl Ketone
6-36 Peroxide; concentration greater
6-37 than 60%)...................... 1338-23-4 5000
6-38 Ethyl Nitrite..................... 109-95-5 5000
6-39 Ethylamine......................... 75-04-7 7500
6-40 Ethylene Fluorohydrin.... 371-62-0 100
6-41 Ethylene Oxide.................. 75-21-8 5000
6-42 Ethyleneimine.................. 151-56-4 1000
6-43 Fluorine......................... 7782-41-4 100
6-44 Formaldehyde (concentration 37%
6-45 or greater byweight).......... 50-00-0 1000
7-1 Furan................................. 110-00-9 500
7-2 Hexafluoroacetone........... 684-16-2 5000
7-3 Hydrochloric Acid, Anhydrous7647-01-05000
7-4 Hydrofluoric Acid, Anhydrous7664-39-31000
7-5 Hydrogen Bromide...... 10035-10-6 5000
7-6 Hydrogen Chloride........ 7647-01-0 5000
7-7 Hydrogen Cyanide, Anhydrous74-90-8 1000
7-8 Hydrogen Fluoride......... 7664-39-3 1000
7-9 Hydrogen Peroxide (concentration
7-10 52% greater by weight). 7722-84-1 7500
7-11 Hydrogen Selenide........ 7783-07-5 150
7-12 Hydrogen Sulfide.......... 7783-06-4 1500
7-13 Hydroxylamine.............. 7803-49-8 2500
7-14 Iron, Pentacarbonyl-.... 13463-40-6 250
7-15 Isopropyl Formate........... 625-55-8 500
7-16 Isopropylamine.................. 75-31-0 5000
7-17 Ketene.............................. 463-51-4 100
7-18 Methacrylaldehyde............. 78-85-3 1000
7-19 Methacryloyl Chloride.... 920-46-7 150
7-20 Methacryloyloxyethyl Isocyanate30674-80-7100
7-21 Methyl Acrylonitrile........ 126-98-7 250
7-22 Methylamine, Anhydrous.. 74-89-5 1000
7-23 Methyl Bromide................. 74-83-9 2500
7-24 Methyl Chloride................. 74-87-3 15000
7-25 Methyl Chloroformate...... 79-22-1 500
7-26 Methyl Disulfide............. 624-92-0 100
7-27 Methyl Ethyl Ketone Peroxide
7-28 (also Ethyl Methyl Ketone
7-29 Peroxide; concentration greater
7-30 than 60%)...................... 1338-23-4 5000
7-31 Methyl Fluoroacetate...... 453-18-9 100
7-32 Methyl Fluorosulfate...... 421-20-5 100
7-33 Methyl Hydrazine.............. 60-34-4 100
7-34 Methyl Iodide..................... 74-88-4 7500
7-35 Methyl Isocyanate............ 624-83-9 250
7-36 Methyl Mercaptan.............. 74-93-1 5000
7-37 Methyl Vinyl Ketone......... 78-94-4 100
7-38 Methyltrichlorosilane........ 75-79-6 500
7-39 Nickel Carbonyl (Nickel
7-40 Tetracarbonyl)............. 13463-39-3 150
7-41 Nitric Acid (concentration 94.5%
7-42 or greater by weight)..... 7697-37-2 500
7-43 Nitric Oxide................ 10102-43-9 250
7-44 Nitroaniline (para Nitroaniline)100-01-65000
7-45 Nitromethane..................... 75-52-5 2500
8-1 Nitrogen Dioxide......... 10102-44-0 250
8-2 Nitrogen Oxides (NO; NO2; N2O4;
8-3 N2O3).......................... 10102-44-0 250
8-4 Nitrogen Tetroxide (also called
8-5 NitrogenPeroxide )...... 10544-72-6 250
8-6 Nitrogen Trifluoride...... 7783-54-2 5000
8-7 Nitrogen Trioxide........ 10544-73-7 250
8-8 Oleum (65% or greater by weight
8-9 of sulfur trioxide; also called
8-10 Fuming Sulfuric Acid).. 8014-95-7 1000
8-11 Osmium Tetroxide...... 20816-12-0 100
8-12 Oxygen Difluoride (Fluorine
8-13 Monoxide)..................... 7783-41-7 100
8-14 Ozone.......................... 10028-15-6 100
8-15 Pentaborane................. 19624-22-7 100
8-16 Peracetic Acid (concentration
8-17 greater than 60 Acetic Acid; also
8-18 called Peroxyacetic Acid).. 79-21-0 1000
8-19 Perchloric Acid (concentration
8-20 greater than 60% by weight)7601-90-3 5000
8-21 Perchloromethyl Mercaptan594-42-3 150
8-22 Perchloryl Fluoride....... 7616-94-6 5000
8-23 Peroxyacetic Acid (concentration
8-24 greater than 60% Acetic Acid; also
8-25 called Peracetic Acid)........ 79-21-0 1000
8-26 Phosgene (also called Carbonyl
8-27 Chloride)............................ 75-44-5 100
8-28 Phosphine (Hydrogen Phosphide)7803-51-2100
8-29 Phosphorus Oxychloride (also
8-30 called Phosphoryl Chloride)10025-87-31000
8-31 Phosphorus Trichloride7719-12-2 1000
8-32 Phosphoryl Chloride (also called
8-33 Phosphorus Oxychloride)10025-87-3 1000
8-34 Propargyl Bromide (also called 3
8-35 Bromopropyne)............... 106-96-7 100
8-36 Propyl Nitrate.................. 627-13-4 100
8-37 Sarin................................. 107-44-8 100
8-38 Selenium Hexafluoride. 7783-79-1 1000
8-39 Stibine (Antimony Hydride)7803-52-3 500
8-40 Sulfur Dioxide (liquid). 7446-09-5 1000
8-41 Sulfur Pentafluoride..... 5714-22-7 250
8-42 Sulfur Tetrafluoride...... 7783-60-0 250
8-43 Sulfur Trioxide (also called
8-44 Sulfuric Anhydride)...... 7446-11-9 1000
9-1 Sulfuric Anhydride (also called
9-2 Sulfur Trioxide)............. 7446-11-9 1000
9-3 Tellurium Hexafluoride7783-80-4 250
9-4 Tetrafluoroethylene.......... 116-14-3 5000
9-5 Tetrafluorohydrazine... 10036-47-2 5000
9-6 Tetramethyl Lead................ 75-74-1 1000
9-7 Thionyl Chloride............ 7719-09-7 250
9-8 Titanium Tetrachloride.. 7550-45-0 2500
9-9 Trichloro (chloromethyl) Silane1558-25-4100
9-10 Trichloro (dichlorophenyl) Silane27137-85-52500
9-11 Trichlorosilane............ 10025-78-2 5000
9-12 Trifluorochloroethylene.... 79-38-9 10000
9-13 Trimethyoxysilane......... 2487-90-3 1500
9-14 2. The division, in consultation with the health districts created
9-15 pursuant to NRS 439.370, the health division of the department of
9-16 human resources and the division of industrial relations of the
9-17 department of business and industry, shall regularly examine the
9-18 sources of information available to it with regard to potentially
9-19 highly hazardous substances. The division shall, by regulation, add
9-20 to the list of highly hazardous substances any chemical that is
9-21 identified as being used, manufactured, stored, or capable of being
9-22 produced, at a facility, in sufficient quantities at a single site, that its
9-23 release into the environment would produce a significant likelihood
9-24 that persons exposed would suffer death or substantial bodily harm
9-25 as a consequence of the exposure.] The State Environmental
9-26 Commission shall adopt regulations:
9-27 (a) Designating a list of highly hazardous substances,
9-28 including, without limitation, any chemical, the release of which
9-29 into the environment or the involvement of which in a fire or
9-30 explosion would produce a significant likelihood that persons
9-31 exposed would suffer death or substantial bodily harm as a
9-32 consequence of the exposure; and
9-33 (b) Designating for each such substance a quantity which
9-34 requires the regulation of that substance pursuant to NRS 459.380
9-35 to 459.3874, inclusive, and section 1 of this act and any
9-36 regulations adopted pursuant thereto.
9-37 2. The Division shall regularly examine sources of
9-38 information available to it, including, without limitation, studies,
9-39 guidelines and regulations of the Federal Government and the
9-40 provisions set forth in 29 U.S.C. § 655 and 42 U.S.C. § 7412(r),
9-41 and may propose that the State Environmental Commission add or
9-42 delete a substance or otherwise amend the list of substances and
9-43 quantities adopted pursuant to subsection 1.
10-1 3. The State Environmental Commission shall adopt
10-2 regulations designating specific materials that are subject to
10-3 regulation as explosives pursuant to NRS 459.380 to 459.3874,
10-4 inclusive, and section 1 of this act and any regulations adopted
10-5 pursuant thereto.
10-6 4. The Division shall regularly examine sources of
10-7 information available to it, including, without limitation, studies,
10-8 guidelines and regulations of the Federal Government and the
10-9 provisions set forth in 18 U.S.C. §§ 841, et seq., and shall consult
10-10 with the Division of Industrial Relations of the Department of
10-11 Business and Industry to determine materials that should be
10-12 regulated as explosives. The Division may propose that the State
10-13 Environmental Commission add or delete a material or otherwise
10-14 amend the list of materials adopted pursuant to subsection 3.
10-15 Sec. 8. NRS 459.3818 is hereby amended to read as follows:
10-16 459.3818 1. [The Division] In addition to the regulations
10-17 required to be adopted pursuant to NRS 459.380 to 459.3874,
10-18 inclusive, and section 1 of this act, the State Environmental
10-19 Commission shall adopt such other regulations as are necessary to
10-20 carry out the purposes and enforce the provisions of NRS 459.380 to
10-21 459.3874, inclusive [.] , and section 1 of this act. The regulations
10-22 must include, without limitation:
10-23 (a) Specifications for the applicability of the provisions of NRS
10-24 459.380 to 459.3874, inclusive, and section 1 of this act and any
10-25 regulations adopted pursuant thereto;
10-26 (b) The establishment of a program for the prevention of
10-27 accidental releases of chemicals that satisfies the provisions of the
10-28 chemical process safety standard set forth pursuant to 29 U.S.C. §
10-29 655;
10-30 (c) Provisions necessary to enable the Division to administer
10-31 and enforce the provisions of NRS 459.380 to 459.3874, inclusive,
10-32 and section 1 of this act and any regulations adopted pursuant
10-33 thereto;
10-34 (d) Requirements for the registration of a facility with the
10-35 Division; and
10-36 (e) Provisions to ensure that the public is involved in the
10-37 process of evaluating proposed regulatory actions that may affect
10-38 the public.
10-39 2. The Division shall [make] :
10-40 (a) Administer and enforce the provisions of NRS 459.380 to
10-41 459.3874, inclusive, and section 1 of this act and any regulations
10-42 adopted pursuant thereto; and
10-43 (b) Make every effort to involve advisory councils on hazardous
10-44 materials, where they exist, the governing bodies of local
10-45 governments and other interested persons in explaining actions
11-1 taken pursuant to those sections and the regulations adopted
11-2 pursuant thereto.
11-3 3. The State Environmental Commission must apply the
11-4 provisions of NRS 459.380 to 459.3874, inclusive, to dealers of
11-5 liquefied petroleum gas who sell, fill, refill, deliver or are
11-6 permitted to deliver any liquefied petroleum gas in a manner that
11-7 is consistent with 42 U.S.C. § 7412(r)(4)(B).
11-8 4. As used in this section, “liquefied petroleum gas” has the
11-9 meaning ascribed to it in NRS 590.475.
11-10 Sec. 9. NRS 459.3819 is hereby amended to read as follows:
11-11 459.3819 1. The Division shall enter into cooperative
11-12 agreements with state and local agencies to provide inspections of
11-13 [regulated] facilities where explosives are manufactured, or where
11-14 an explosive is used, processed, handled, moved on site or stored in
11-15 relation to its manufacture. The Division shall schedule the
11-16 inspections in such a manner as to provide an opportunity for
11-17 participation by:
11-18 (a) A representative of the fire-fighting agency that exercises
11-19 jurisdiction over the [regulated] facility;
11-20 (b) A representative of the law enforcement agency that
11-21 exercises jurisdiction over the [regulated] facility; and
11-22 (c) Representatives of the Division and any other state agency
11-23 responsible for minimizing risks to persons and property posed by
11-24 such [regulated] facilities.
11-25 2. The owner or operator of such a [regulated] facility shall
11-26 make the facility available for the inspections required by this
11-27 section at such times as are designated by the Division.
11-28 3. Any inspection of a [regulated] facility conducted pursuant
11-29 to this section is in addition to, and not in lieu of, any other
11-30 inspection of the facility required or authorized by state statute or
11-31 regulation, or local ordinance.
11-32 4. Notwithstanding any provision of this section to the
11-33 contrary, the provisions of this section do not apply to the mining
11-34 industry.
11-35 [5. Except as otherwise provided in subsection 6, as used in
11-36 this section, “explosive” means gunpowders, powders used for
11-37 blasting, all forms of high explosives, blasting materials, fuses other
11-38 than electric circuit breakers, detonators and other detonating
11-39 agents, smokeless powders, other explosive or incendiary devices
11-40 and any chemical compound, mechanical mixture or device that
11-41 contains any oxidizing and combustible units, or other ingredients,
11-42 in such proportions, quantities or packing that ignition by fire,
11-43 friction, concussion, percussion, or detonation of the compound,
11-44 mixture or device or any part thereof may cause an explosion.
12-1 6. For the purposes of this section, an explosive does not
12-2 include:
12-3 (a) Ammunition for small arms, or any component thereof;
12-4 (b) Black powder commercially manufactured in quantities that
12-5 do not exceed 50 pounds, percussion caps, safety and pyrotechnic
12-6 fuses, quills, quick and slow matches, and friction primers that are
12-7 intended to be used solely for sporting, recreation or cultural
12-8 purposes:
12-9 (1) In an antique firearm, as that term is defined in 18 U.S.C.
12-10 § 921(a)(16), as that section existed on January 1, 1999; or
12-11 (2) In an antique device which is exempted from the
12-12 definition of “destructive device” pursuant to 18 U.S.C. § 921(a)(4),
12-13 as that section existed on January 1, 1999; or
12-14 (c) Any explosive that is manufactured under the regulation of a
12-15 military department of the United States, or that is distributed to, or
12-16 possessed or stored by, the military or naval service or any other
12-17 agency of the United States, or an arsenal, a navy yard, a depot or
12-18 any other establishment owned by or operated on behalf of the
12-19 United States.]
12-20 Sec. 10. NRS 459.382 is hereby amended to read as follows:
12-21 459.382 1. The Health Division of the Department of Human
12-22 Resources, the Division of Industrial Relations of the Department of
12-23 Business and Industry and any other governmental entity or agency
12-24 of the State responsible for minimizing risks to persons and property
12-25 posed by [regulated] facilities and hazardous substances shall
12-26 submit to the Division of Environmental Protection such reports as
12-27 the Division deems necessary to carry out the provisions of NRS
12-28 459.380 to 459.3874, inclusive[.] , and section 1 of this act and
12-29 any regulations adopted pursuant thereto. The reports must be
12-30 submitted at such times and contain such information as required by
12-31 the Division.
12-32 2. The [Division] State Environmental Commission shall
12-33 adopt by regulation common reporting forms to be used by such
12-34 governmental entities and agencies when reporting information
12-35 related to hazardous substances and [regulated] facilities.
12-36 3. The Division shall review the rules, regulations, standards,
12-37 codes and safety orders of other governmental entities and agencies
12-38 of the State responsible for minimizing risks to persons and property
12-39 posed by [regulated] facilities and hazardous substances to ensure
12-40 that they are sufficient to carry out the provisions of NRS 459.380 to
12-41 459.3874, inclusive[.] , and section 1 of this act and any
12-42 regulations adopted pursuant thereto.
12-43 4. If the Division and any other governmental entity or agency
12-44 of the State have coexisting jurisdiction over the regulation of
12-45 [regulated] facilities or hazardous substances located at such
13-1 facilities, the Division has the final authority to take such actions as
13-2 are necessary to carry out the provisions of NRS 459.380 to
13-3 459.3874, inclusive[.] , and section 1 of this act and any
13-4 regulations adopted pursuant thereto.
13-5 Sec. 11. NRS 459.3822 is hereby amended to read as follows:
13-6 459.3822 1. [Any] The owner or operator of a facility shall,
13-7 upon request, submit any records, reports or other information to
13-8 the Division that the Division deems necessary to administer and
13-9 enforce the provisions of NRS 459.380 to 459.3874, inclusive, and
13-10 section 1 of this act and any regulations adopted pursuant thereto.
13-11 2. Except as otherwise provided in this section, any records,
13-12 reports or other information obtained pursuant to NRS 459.380 to
13-13 459.3874, inclusive, and section 1 of this act or any regulation
13-14 adopted pursuant thereto must be made available to the public for
13-15 inspection and copying. [If protection of a trade secret pursuant to
13-16 NRS 459.3846 requires a deletion, the deletion must be limited to
13-17 that information essential for compliance. In the event of deletion,
13-18 the Division shall substitute language generally describing what was
13-19 deleted, without revealing the trade secret, so that the information
13-20 contained in the record or report is comprehensible.
13-21 2.] 3. The Division shall protect the confidentiality of any
13-22 information obtained by the Division, including, without
13-23 limitation, any information obtained through an observation made
13-24 by the Division during a visit to a facility if:
13-25 (a) The owner or operator of the facility from which the
13-26 information was obtained or which was visited requests such
13-27 protection; and
13-28 (b) The information satisfies the conditions for protection as a
13-29 trade secret pursuant to subsection 4.
13-30 4. Information is entitled to protection as a trade secret under
13-31 this section only if:
13-32 (a) The information has not been disclosed to any other
13-33 person, other than a member of a local emergency planning
13-34 committee, an officer or employee of the United States or a state or
13-35 local government, an employee of such a person, or a person who
13-36 is bound by an agreement of confidentiality, and the owner or
13-37 operator of the facility has taken reasonable measures to protect
13-38 the confidentiality of the information and intends to continue to
13-39 take such measures;
13-40 (b) The information is not required to be disclosed, or
13-41 otherwise made available, to the public under any other federal or
13-42 state law;
13-43 (c) Disclosure of the information is likely to cause substantial
13-44 harm to the competitive position of the owner or operator of the
13-45 facility; and
14-1 (d) The chemical identity of a substance, if that is the
14-2 information, is not readily discoverable through analysis of the
14-3 product containing it or scientific knowledge of how such a
14-4 product must be made.
14-5 5. The State Environmental Commission shall adopt
14-6 regulations for the protection of the confidentiality of information
14-7 entitled to protection as a trade secret pursuant to this section.
14-8 6. The person requesting the copy or copies of the public
14-9 records, shall tender or pay to the Division such fee as may be
14-10 prescribed for the service of copying.
14-11 Sec. 12. NRS 459.3824 is hereby amended to read as follows:
14-12 459.3824 1. The owner or operator of a [regulated] facility
14-13 shall pay to the Division an annual fee based on the fiscal year. The
14-14 annual fee for each facility is the sum of a base fee set by the State
14-15 Environmental Commission and any additional fee imposed by the
14-16 Commission pursuant to subsection 2. The annual fee must be
14-17 prorated and may not be refunded.
14-18 2. The State Environmental Commission may impose an
14-19 additional fee upon the owner or operator of a [regulated] facility in
14-20 an amount determined by the Commission to be necessary to enable
14-21 the Division to carry out its duties pursuant to NRS 459.380 to
14-22 459.3874, inclusive[.] , and section 1 of this act and any
14-23 regulations adopted pursuant thereto. The additional fee must be
14-24 based on a graduated schedule adopted by the Commission which
14-25 takes into consideration the quantity of hazardous substances
14-26 located at each facility.
14-27 3. After the payment of the initial annual fee, the Division shall
14-28 send the owner or operator of a [regulated] facility a bill in July for
14-29 the annual fee for the fiscal year then beginning which is based on
14-30 the applicable reports for the preceding year.
14-31 4. The State Environmental Commission may modify the
14-32 amount of the annual fee required pursuant to this section and the
14-33 timing for payment of the annual fee:
14-34 (a) To include consideration of any fee paid to the Division for
14-35 a permit to construct a new process or commence operation of a
14-36 new process pursuant to NRS 459.3829; and
14-37 (b) If any regulations adopted pursuant to NRS 459.380 to
14-38 459.3874, inclusive, and section 1 of this act require such a
14-39 modification.
14-40 5. The owner or operator of a [regulated] facility shall submit,
14-41 with any payment required by this section, the number assigned by
14-42 the Department of Taxation, for the imposition and collection of
14-43 taxes pursuant to chapter 364A of NRS, to the business for which
14-44 the payment is made.
15-1 [5.] 6. All fees [collected pursuant to this section and] fines,
15-2 penalties and other money collected pursuant to NRS [459.3833,
15-3 459.3834 and 459.3874, and any interest earned thereon,] 459.380
15-4 to 459.3874, inclusive, and section 1 of this act and any
15-5 regulations adopted pursuant thereto, other than a fine collected
15-6 pursuant to subsection 3 of NRS 459.3834, must be deposited with
15-7 the State Treasurer for credit to the Fund for Precaution Against
15-8 Chemical Accidents, which is hereby created as a special revenue
15-9 fund. All interest earned on the money in the Fund must be
15-10 credited to the Fund.
15-11 Sec. 13. NRS 459.3829 is hereby amended to read as follows:
15-12 459.3829 1. No owner or operator of a [regulated] facility
15-13 may commence construction or operation of any new process that
15-14 will be subject to regulation pursuant to NRS 459.380 to 459.3874,
15-15 inclusive, and section 1 of this act or any regulation adopted
15-16 pursuant thereto, unless he first obtains all appropriate permits
15-17 from the Division to construct the new process [or] and commence
15-18 operation of the new process . [, or both.] Before issuing any such
15-19 permits, the Division of Environmental Protection shall consult
15-20 with the Division of Industrial Relations of the Department of
15-21 Business and Industry.
15-22 2. An application for such a permit must be submitted on a
15-23 form prescribed by the Division [.
15-24 3. The Division may require the applicant to] of
15-25 Environmental Protection.
15-26 3. The State Environmental Commission shall adopt
15-27 regulations establishing the requirements for the issuance of a
15-28 permit pursuant to this section. An applicant shall comply with
15-29 requirements that [it] the State Environmental Commission
15-30 establishes by regulation for the issuance of a permit before
15-31 [issuing any permits] the applicant may receive a permit from the
15-32 Division for the construction and operation of the process.
15-33 4. The Division may charge and collect a fee for the issuance
15-34 of such a permit. [All fees collected pursuant to this section and any
15-35 interest earned thereon must be deposited with the State Treasurer
15-36 for credit to the Fund for Precaution Against Chemical Accidents
15-37 created pursuant to NRS 459.3824.]
15-38 Sec. 14. NRS 459.3832 is hereby amended to read as follows:
15-39 459.3832 1. [All forms for registration, reports on safety and
15-40 reports on the assessment of risk through analysis of hazards must
15-41 contain a certification in one of the following two forms:
15-42 (a) “I certify under penalty of law that the information provided
15-43 in this document is true, accurate and complete. I am aware that
15-44 there are significant civil and criminal penalties for submitting false,
16-1 inaccurate or incomplete information, including fines or
16-2 imprisonment, or both.”
16-3 (b) “I certify under penalty of law that I have personally
16-4 examined and am familiar with the information submitted in this
16-5 document and all attached documents and that based on my inquiry
16-6 of the natural persons immediately responsible for obtaining the
16-7 information, I believe that the submitted information is true,
16-8 accurate and complete. I am aware that there are significant civil
16-9 and criminal penalties for submitting false information, including
16-10 the possibility of fines or imprisonment, or both.”
16-11 2.] The State Environmental Commission shall adopt
16-12 regulations setting forth:
16-13 (a) The records, reports and information submitted to the
16-14 Division which must contain a certification; and
16-15 (b) The requirements of such certifications.
16-16 2. Each certification must be signed by the sole proprietor of
16-17 the facility, the highest ranking corporate officer or partner at the
16-18 facility, the manager of the facility, or a person designated by any
16-19 one of those persons to sign the certification.
16-20 Sec. 15. NRS 459.3833 is hereby amended to read as follows:
16-21 459.3833 1. The State Department of Conservation and
16-22 Natural Resources may, in accordance with the authority granted to
16-23 it pursuant to NRS 445B.205, apply for and accept any delegation of
16-24 authority and any grant of money from the Federal Government for
16-25 the purpose of establishing and carrying out a program to prevent
16-26 and minimize the consequences of the accidental release of
16-27 hazardous substances in accordance with the provisions of 42
16-28 U.S.C. § 7412(r).
16-29 2. The State Environmental Commission may [adopt such
16-30 regulations as it determines are] adopt regulations necessary to
16-31 establish and carry out such a program. [The regulations must:
16-32 (a) Establish a list of hazardous substances and the quantities
16-33 thereof that will be regulated pursuant to the program.
16-34 (b) Provide that the provisions of NRS 459.3824, 459.3826 and
16-35 459.3828 apply to all facilities regulated pursuant to the program.
16-36 (c) Provide that a person who violates any such regulation or the
16-37 provisions of NRS 459.3824, 459.3826 or 459.3828 is, in addition
16-38 to any penalty that may apply pursuant to NRS 459.3834, subject to
16-39 a civil administrative penalty not to exceed $10,000 per day of the
16-40 violation, and that each day on which the violation continues
16-41 constitutes a separate and distinct violation. Any penalty imposed
16-42 pursuant to this paragraph may be recovered with costs in a
16-43 summary proceeding by the Attorney General.
16-44 3. The Division:
16-45 (a) Shall carry out and enforce the provisions of the program.
17-1 (b) May enter into cooperative agreements with other agencies
17-2 of this state for the enforcement of specific provisions of the
17-3 program.
17-4 4. The Division may compromise and settle any claim for any
17-5 penalty under this section in such amount in the discretion of the
17-6 Division as may appear appropriate and equitable under all of
17-7 the circumstances, including the posting of a performance bond by
17-8 the violator. If a violator is subject to the imposition of more than
17-9 one civil administrative penalty for the same violation, the Division
17-10 shall compromise and settle the claim for the penalty under this
17-11 section in such amount as to avoid the duplication of penalties.
17-12 5. If a person violates any regulation adopted pursuant to
17-13 subsection 2, or the provisions of NRS 459.3824, 459.3826 or
17-14 459.3828, the Division may institute a civil action in a court of
17-15 competent jurisdiction for injunctive or any other appropriate relief
17-16 to prohibit and prevent the violation and the court may proceed in
17-17 the action in a summary manner.]
17-18 Sec. 16. NRS 459.3834 is hereby amended to read as follows:
17-19 459.3834 1. A person [subject to the regulations adopted by
17-20 the State Environmental Commission pursuant to NRS 459.3833]
17-21 shall not knowingly:
17-22 (a) Violate any [such regulation or the provisions of NRS
17-23 459.3824, 459.3826 or 459.3828;] provision of NRS 459.380 to
17-24 459.3874, inclusive, and section 1 of this act or any regulation
17-25 adopted pursuant thereto;
17-26 (b) Make any false material statement, representation or
17-27 certification in any required form, notice or report; or
17-28 (c) Render inaccurate any required monitoring device or
17-29 method.
17-30 2. [A] Except as otherwise provided in subsection 3, a person
17-31 who violates subsection 1 shall be punished by a fine of not more
17-32 than [$10,000] $25,000 per day of the violation, and each day on
17-33 which the violation continues constitutes a separate and distinct
17-34 violation.
17-35 3. A person who violates subsection 1 in a manner that
17-36 contributes to the substantial bodily harm or death of any person
17-37 is guilty of a category D felony and shall be punished as provided
17-38 in NRS 193.130, or by a fine of not more than $50,000 for each
17-39 day of the violation, or by both fine and the punishment provided
17-40 in NRS 193.130.
17-41 Sec. 17. NRS 459.3866 is hereby amended to read as follows:
17-42 459.3866 1. After giving reasonable notice to the facility it
17-43 oversees and after making arrangements to ensure that the normal
17-44 operations of the facility will not be disrupted, a committee is
17-45 entitled to receive from the facility such records and documents as
18-1 the committee demonstrates are required to carry out its duties. The
18-2 committee is entitled to receive only those records and documents
18-3 which cannot be obtained from the Division.
18-4 2. A committee is entitled to receive from any governmental
18-5 entity or agency records, documents and other materials relevant to
18-6 the committee’s review and evaluation of the facility to carry out its
18-7 duties.
18-8 3. In carrying out its duties a committee and the Attorney
18-9 General may, by subpoena, require the attendance and testimony of
18-10 witnesses and the production of reports, papers, documents and
18-11 other evidence which they deem necessary. Before obtaining such a
18-12 subpoena, the committee or the Attorney General shall request the
18-13 attendance of the witness or the production of the reports, papers,
18-14 documents or other evidence. If the person to whom the request is
18-15 made fails or refuses to attend or produce the reports, documents or
18-16 other evidence, the committee and the Attorney General may obtain
18-17 the subpoena requiring him to do so.
18-18 4. In carrying out its duties, a committee may make informal
18-19 inquiry of persons or entities with knowledge relevant to the
18-20 committee’s review and evaluation of the facility it oversees. Any
18-21 committee which makes such informal inquiries shall advise the
18-22 facility of those inquiries and of the results of the inquiries.
18-23 5. If the owner or operator of a facility claims that the
18-24 disclosure of information to a committee will reveal a trade secret or
18-25 confidential information, the owner or operator must specifically
18-26 identify such information as confidential. When such an
18-27 identification has been made, the [provisions of NRS 459.3846
18-28 apply.] committee shall protect the confidentiality of the trade
18-29 secret or information if the trade secret or information would be
18-30 entitled to protection pursuant to NRS 459.3822.
18-31 6. A committee or its authorized representative may, to carry
18-32 out its duties , enter and inspect the facility overseen, its records and
18-33 other relevant materials. Before such an inspection is made, the
18-34 committee shall provide reasonable notice to the facility. The
18-35 inspection must be conducted in such a manner as to ensure that the
18-36 operations of the facility will not be disrupted.
18-37 7. The Attorney General is counsel and attorney to each
18-38 committee for the purposes of carrying out its duties and powers.
18-39 8. The members of a committee may make public comment
18-40 with regard to their review and evaluation of the facility it oversees.
18-41 At least 24 hours before making any formal comment, the
18-42 committee shall advise the facility of its intention to do so and
18-43 provide the facility with a summary of the comments that will be
18-44 made.
19-1 9. A committee may review and make recommendations to the
19-2 reviewing authority as to any applications for permits to construct,
19-3 substantially alter or operate submitted by a facility which has been
19-4 the subject of the committee’s review and evaluation.
19-5 Sec. 18. NRS 459.387 is hereby amended to read as follows:
19-6 459.387 1. The Division may enter any facility:
19-7 (a) During normal business hours; and
19-8 (b) At any other time if there is probable cause to believe that a
19-9 violation of any of the provisions of NRS 459.380 to 459.3874,
19-10 inclusive, and section 1 of this act or any regulation adopted
19-11 pursuant thereto, has occurred,
19-12 to verify compliance with the provisions of NRS 459.380 to
19-13 459.3874, inclusive, and section 1 of this act, any regulation
19-14 adopted pursuant thereto and the quality of all work performed
19-15 pursuant to those sections , except that the owner or operator of a
19-16 facility need not employ any personnel solely to assure access to the
19-17 facility by the Division when this access would otherwise be
19-18 impossible.
19-19 2. [The Division shall develop, adopt by regulation and enforce
19-20 a system of recordkeeping. The system must:
19-21 (a) Require the owner or operator of each facility registered
19-22 pursuant to NRS 459.3828 to report to the Division on all efforts to
19-23 assess and reduce risks undertaken, all continuing maintenance, all
19-24 unanticipated and unusual events, and any other information the
19-25 Division finds appropriate; and
19-26 (b) Be so designed as to prevent the destruction or alteration of
19-27 information and data contained in those records.
19-28 3. Within 30 days after each anniversary of the date on which
19-29 the plan to reduce accidents was first put into effect, the owner or
19-30 operator of a regulated facility shall file an annual report of
19-31 compliance with the Division. This annual report must include a
19-32 report of progress describing in detail all actions taken to comply
19-33 with the schedule of abatement set forth in the plan, including
19-34 itemization of abatements accomplished and steps taken to
19-35 accomplish abatements in accordance with the schedule. The annual
19-36 report of compliance must be signed and certified as a report on
19-37 safety and must be in a form and be accompanied by documentation
19-38 showing compliance in accordance with the regulations of the
19-39 Division.
19-40 4. Within 30 days after receiving the annual report of
19-41 compliance, the Division shall conduct at the facility a confirmation
19-42 and evaluation of the accuracy of the report and independent
19-43 determination of the status of compliance with the schedule of
19-44 abatement. The Division’s findings must be reduced to writing and
19-45 made available to the public within 60 days after the date of filing of
20-1 the report.]The State Environmental Commission shall adopt
20-2 regulations establishing requirements for:
20-3 (a) The inspection of a facility; and
20-4 (b) The report of a record of inspection.
20-5 3. If the Administrator of the Division finds that any person is
20-6 engaging, is about to engage or has engaged in an act or practice
20-7 that violates any provision of NRS 459.380 to 459.3874, inclusive,
20-8 and section 1 of this act, any regulation adopted pursuant thereto,
20-9 or any term or condition of a permit issued by the Division
20-10 pursuant to NRS 459.380 to 459.3874, inclusive, and section 1 of
20-11 this act, the Administrator may issue an order:
20-12 (a) Specifying the provision, regulation, term or condition that
20-13 is alleged to have been violated or which is about to be violated;
20-14 (b) Setting forth the facts alleged to constitute the violation;
20-15 (c) Prescribing any corrective action that must be taken and a
20-16 reasonable time within which that action must be taken; and
20-17 (d) Requiring the person to whom the order is directed to
20-18 appear before the Administrator or a hearing officer to show
20-19 cause why the Division should not commence an action for
20-20 appropriate relief.
20-21 4. If the Administrator finds that the handling of a highly
20-22 hazardous substance or explosive at a facility presents an
20-23 imminent and substantial threat to human health or the
20-24 environment, the Administrator may, after the Division has
20-25 inspected the site and after the Administrator has had a
20-26 consultation with the owner or operator of the facility and the
20-27 owner or operator fails to correct the threat, issue an order
20-28 requiring the owner or operator of the facility to take necessary
20-29 steps to prevent the act or eliminate the practice that constitutes
20-30 the threat.
20-31 Sec. 19. NRS 459.3872 is hereby amended to read as follows:
20-32 459.3872 1. If any person violates any of the provisions of
20-33 NRS 459.380 to [459.386,] 459.3834, inclusive, and section 1 of
20-34 this act, or 459.387, or any regulation or order adopted or issued
20-35 pursuant thereto, the Division may institute a civil action in a court
20-36 of competent jurisdiction for injunctive or any other appropriate
20-37 relief to prohibit and prevent the violation and the court may
20-38 proceed in the action in a summary manner.
20-39 2. Except as otherwise provided in NRS 445C.010 to
20-40 445C.120, inclusive, a person who violates a provision of NRS
20-41 459.380 to [459.396,] 459.3834, inclusive, and section 1 of this act,
20-42 or 459.387, or any regulation or order adopted pursuant thereto , is
20-43 liable to a civil administrative penalty as set forth in NRS 459.3874.
20-44 If the violation is of a continuing nature, each day during which it
20-45 continues constitutes an additional, separate and distinct offense. No
21-1 civil administrative penalty may be levied until after notification to
21-2 the violator by certified mail or personal service. The notice must
21-3 include a reference to the section of the statute, regulation, order or
21-4 condition of a permit violated, a concise statement of the facts
21-5 alleged to constitute the violation, a statement of the amount of the
21-6 civil penalties to be imposed[,] and a statement of the violator’s
21-7 right to a hearing. The violator has 20 days after receipt of the notice
21-8 within which to deliver to the Division a written request for a
21-9 hearing. After the hearing if requested, and upon a finding that a
21-10 violation has occurred, the Administrator of the Division may issue
21-11 a final order [after assessing] and assess the amount of the fine .
21-12 [specified in the notice.] If no hearing is requested, the notice
21-13 becomes a final order upon the expiration of the 20-day period.
21-14 Payment of the penalty is due when a final order is issued or when
21-15 the notice becomes a final order. The authority to levy a civil
21-16 administrative penalty is in addition to all other provisions for
21-17 enforcement of NRS 459.380 to 459.387, inclusive, and section 1 of
21-18 this act, and the payment of a civil administrative penalty does not
21-19 affect the availability of any other provision for enforcement in
21-20 connection with the violation for which the penalty is levied.
21-21 Sec. 20. NRS 459.3874 is hereby amended to read as follows:
21-22 459.3874 1. The civil administrative penalties are:
21-23 Category of OffensePenalty in U.S. Dollars
21-24 A. Failure to register a new
21-25 or existing [regulated] facility:$25,000 plus $2,000 per day
21-26 from the due date
21-27 B. Failure to pay the fee
21-28 required pursuant to NRS
21-29 459.3824:............................. 75 percent of the
21-30 fee
21-31 C. [Failure to submit a
21-32 safety report:..... $10,000 plus $1,000 per day
21-33 from the due date
21-34 D. Failure to conduct an
21-35 assessment of risk through
21-36 analysis of hazards pursuant to
21-37 the conditions set forth in NRS
21-38 459.3844:........................................... $25,000
21-39 E. Failure to put into effect
21-40 plan:.................................................... $50,000
22-1 F. Failure to comply with
22-2 plan to reduce accidents and
22-3 schedule of compliance:.............. up to $5,000
22-4 G. Failure to comply with
22-5 approved plan to reduce
22-6 accidents, each requirement:..... up to $10,000
22-7 H.] Failure to provide
22-8 information requested by the
22-9 Division:.............................................. $25,000
22-10 [I.] D. Failure to grant
22-11 access to employees or agents of
22-12 the Division for inspections:............. $25,000
22-13 [J.] E. Failure to provide
22-14 information or grant access to
22-15 employees or agents of the
22-16 Division during an emergency:.......... $50,000
22-17 [K.] F. Falsification of
22-18 information submitted to the
22-19 Division: .............. up to $10,000 per incident
22-20 [L.] G. Failure to obtain a
22-21 permit for the construction of a
22-22 new [regulated] facility:..................... $25,000
22-23 H. Failure to comply with a
22-24 regulation adopted pursuant to
22-25 NRS 459.380 to 459.3874,
22-26 inclusive, and section 1 of this
22-27 act, other than a regulation for
22-28 which a civil administrative
22-29 penalty is set forth in category A
22-30 to G, inclusive:............ .$10,000 per incident
22-31 The civil administrative penalty prescribed in category H may be
22-32 assessed for each regulatory provision that is violated. The civil
22-33 administrative penalty prescribed in category [L] G may be assessed
22-34 against a contractor who is constructing the [regulated] facility only
22-35 if the contractor is contractually responsible for obtaining all
22-36 appropriate permits for the construction of the [regulated] facility
23-1 and the contractor knows or has reason to know the planned use of
23-2 the [regulated] facility.
23-3 2. The Division may compromise and settle any claim for any
23-4 penalty as set forth in this section in such amount in the discretion of
23-5 the Division as may appear appropriate and equitable under all
23-6 of the circumstances, including the posting of a performance bond
23-7 by the violator. If a violator is subject to the imposition of more than
23-8 one civil administrative penalty for the same violation, the Division
23-9 shall compromise and settle the claim for the penalty as set forth in
23-10 this section in such amount as to avoid the duplication of penalties.
23-11 3. No penalty may be imposed pursuant to this section for the
23-12 failure to perform a required act within the time required if the delay
23-13 was caused by a natural disaster or other circumstances which are
23-14 beyond the control of the violator.
23-15 4. Any person who violates any of the provisions of NRS
23-16 459.380 to [459.386,] 459.3834, inclusive, and section 1 of this act,
23-17 or 459.387, or any regulation or order adopted or issued pursuant
23-18 thereto, or an administrative order issued pursuant to subsection 2 of
23-19 NRS 459.3872 or a court order issued pursuant to subsection 1 of
23-20 NRS 459.3872, or who fails to pay a civil administrative penalty in
23-21 full is subject, upon order of the court, to a civil penalty not to
23-22 exceed $10,000 per day of the violation, and each day’s continuance
23-23 of the violation constitutes a separate and distinct violation. Any
23-24 penalty imposed pursuant to this subsection may be recovered with
23-25 costs in a summary proceeding by the Attorney General.
23-26 Sec. 21. NRS 278.147 is hereby amended to read as follows:
23-27 278.147 1. No person may commence operation in this state
23-28 of a facility where an explosive, [or] a highly hazardous substance
23-29 [listed in NRS 459.3816, the regulations adopted pursuant thereto]
23-30 designated pursuant to NRS 459.3816 if present in a quantity
23-31 equal to or greater than the amount designated pursuant to NRS
23-32 459.3816, or a hazardous substance listed in the regulations
23-33 adopted pursuant to NRS 459.3833[,] will be used, manufactured,
23-34 processed, transferred or stored without first obtaining a conditional
23-35 use permit therefor from the governing body of the city or county in
23-36 which the facility is to be located. Each governing body shall
23-37 establish by local ordinance, in accordance with the provisions of
23-38 this section, the procedures for obtaining such a permit.
23-39 2. An application for a conditional use permit must be filed
23-40 with the planning commission of the city, county or region in which
23-41 the facility is to be located. The planning commission shall, within
23-42 90 days after the filing of an application, hold a public hearing to
23-43 consider the application. The planning commission shall, at least 30
23-44 days before the date of the hearing, cause notice of the time, date,
23-45 place and purpose of the hearing to be:
24-1 (a) Sent by mail [to] or, if requested by a party to whom notice
24-2 must be provided pursuant to this paragraph, by electronic means if
24-3 receipt of such an electronic notice can be verified, to:
24-4 (1) The applicant;
24-5 (2) Each owner or tenant of real property located within
24-6 1,000 feet of the property in question;
24-7 (3) The owner, as listed on the county assessor’s records, of
24-8 each of the 30 separately owned parcels nearest the property in
24-9 question, to the extent this notice does not duplicate the notice given
24-10 pursuant to subparagraph (2);
24-11 (4) If a mobile home park or multiple-unit residence is
24-12 located within 1,000 feet of the property in question, each tenant of
24-13 that mobile home park or multiple-unit residence;
24-14 (5) Any advisory board that has been established for the
24-15 affected area by the governing body;
24-16 (6) The Administrator of the Division of Environmental
24-17 Protection of the State Department of Conservation and Natural
24-18 Resources;
24-19 (7) The State Fire Marshal; and
24-20 (8) The Administrator of the Division of Industrial Relations
24-21 of the Department of Business and Industry; and
24-22 (b) Published in a newspaper of general circulation within the
24-23 city or county in which the property in question is located.
24-24 3. The notice required by subsection 2 must:
24-25 (a) Be written in language that is easy to understand; and
24-26 (b) Include a physical description or map of the property in
24-27 question and a description of all explosives, and all substances
24-28 described in subsection 1, that will be located at the facility.
24-29 4. In considering the application, the planning commission
24-30 shall:
24-31 (a) Consult with:
24-32 (1) Local emergency planning committees;
24-33 (2) The Administrator of the Division of Environmental
24-34 Protection of the State Department of Conservation and Natural
24-35 Resources;
24-36 (3) The State Fire Marshal;
24-37 (4) The Administrator of the Division of Industrial Relations
24-38 of the Department of Business and Industry; and
24-39 (5) The governing body of any other city or county that may
24-40 be affected by the operation of the facility; and
24-41 (b) Consider fully the effect the facility will have on the health
24-42 and safety of the residents of the city, county or region.
24-43 5. The planning commission shall, within a reasonable time
24-44 after the public hearing, submit to the governing body its
24-45 recommendations for any actions to be taken on the application. If
25-1 the planning commission recommends that a conditional use permit
25-2 be granted to the applicant, [it] the planning commission shall
25-3 include in its recommendations such terms and conditions for the
25-4 operation of the facility as it deems necessary for the protection of
25-5 the health and safety of the residents of the city, county or region.
25-6 6. The governing body shall, within 30 days after the receipt of
25-7 the recommendations of the planning commission, hold a public
25-8 hearing to consider the application. The governing body shall:
25-9 (a) Cause notice of the hearing to be given in the manner
25-10 prescribed by subsection 2; and
25-11 (b) Grant or deny the conditional use permit within 30 days after
25-12 the public hearing.
25-13 7. Notwithstanding any provision of this section to the
25-14 contrary, the provisions of this section do not apply to the mining
25-15 industry.
25-16 8. [Except as otherwise provided in subsection 9, as] As used
25-17 in this section, “explosive” [means gunpowders, powders used for
25-18 blasting, all forms of high explosives, blasting materials, fuses other
25-19 than electric circuit breakers, detonators and other detonating
25-20 agents, smokeless powders, other explosive or incendiary devices
25-21 and any chemical compound, mechanical mixture or device that
25-22 contains any oxidizing or combustible units, or other ingredients, in
25-23 such proportions, quantities or packing that ignition by fire, friction,
25-24 concussion, percussion or detonation of the compound, mixture,
25-25 device or any part thereof may cause an explosion.
25-26 9. For the purposes of this section, an explosive does not
25-27 include:
25-28 (a) Ammunition for small arms, or any component thereof;
25-29 (b) Black powder commercially manufactured in quantities that
25-30 do not exceed 50 pounds, percussion caps, safety and pyrotechnic
25-31 fuses, quills, quick and slow matches, and friction primers that are
25-32 intended to be used solely for sporting, recreation or cultural
25-33 purposes:
25-34 (1) In an antique firearm, as that term is defined in 18 U.S.C.
25-35 § 921(a)(16), as that section existed on January 1, 1999; or
25-36 (2) In an antique device which is exempted from the
25-37 definition of “destructive device” pursuant to 18 U.S.C. § 921(a)(4),
25-38 as that section existed on January 1, 1999; or
25-39 (c) Any explosive that is manufactured under the regulation of a
25-40 military department of the United States, or that is distributed to, or
25-41 possessed or stored by, the military or naval service or any other
25-42 agency of the United States, or an arsenal, a navy yard, a depot or
25-43 any other establishment owned by or operated on behalf of the
25-44 United States.] means a material subject to regulation as an
25-45 explosive pursuant to NRS 459.3816.
26-1 Sec. 22. NRS 459.3804, 459.3807, 459.3808, 459.3812,
26-2 459.3826, 459.3828, 459.383, 459.3836, 459.3837, 459.384,
26-3 459.3842, 459.3844, 459.3846, 459.3848, 459.385, 459.3852,
26-4 459.3854, 459.3856, 459.3858 and 459.386 are hereby repealed.
26-5 Sec. 23. Any regulations adopted by the Division of
26-6 Environmental Protection of the State Department of Conservation
26-7 and Natural Resources pursuant to a provision of NRS which was
26-8 amended or repealed by this act remain in force until amended by
26-9 the State Environmental Commission and such regulations may be
26-10 enforced by the Division.
26-11 Sec. 24. Notwithstanding the amendatory provisions of section
26-12 7 of this act, any administrative regulations adopted pursuant to
26-13 NRS 459.3816 on or before October 1, 2003, remain in effect unless
26-14 later amended or repealed.
26-15 Sec. 25. 1. This section and section 23 of this act become
26-16 effective upon passage and approval.
26-17 2. Sections 1 to 22, inclusive, and 24 of this act become
26-18 effective upon passage and approval for the purpose of adopting
26-19 regulations and on October 1, 2003, for all other purposes.
26-20 LEADLINES OF REPEALED SECTIONS
26-21 459.3804 “Chemical accident” defined.
26-22 459.3807 “Explosive” defined.
26-23 459.3808 “Hazard” defined.
26-24 459.3812 “Risk” defined.
26-25 459.3826 Payment of fees upon opening of new regulated
26-26 facility or registration of new highly hazardous substance or
26-27 explosive.
26-28 459.3828 Form for registration; contents of form; time for
26-29 filing.
26-30 459.383 Report on safety; contents of report; current
26-31 information required.
26-32 459.3836 Periodic assessments required; duties of owner or
26-33 operator of facility and person conducting assessment.
26-34 459.3837 Prerequisites to introduction of new highly
26-35 hazardous substance or explosive into regulated facility.
26-36 459.384 Designation of persons capable of performing
26-37 assessment; documentation of ability to perform assessment.
26-38 459.3842 Description of how assessment will be conducted;
26-39 qualifications of persons conducting assessment.
27-1 459.3844 Approval or rejection of persons designated to
27-2 perform assessment; selection by Division; conditions for
27-3 conducting assessment.
27-4 459.3846 Report of assessment; severable addendum
27-5 containing trade secrets; report required pursuant to federal
27-6 law sufficient; conditions for protection as trade secret.
27-7 459.3848 Contents of findings of person conducting
27-8 assessment.
27-9 459.385 Contents of conclusions of person conducting
27-10 assessment.
27-11 459.3852 Contents of recommendations of person
27-12 conducting assessment.
27-13 459.3854 Notice of receipt of report of assessment;
27-14 modifications to plan to abate hazards; effective date of plan.
27-15 459.3856 Contents of proposed modifications to plan to
27-16 abate hazards; dissemination of proposed modifications.
27-17 459.3858 Hearing on proposed modifications to plan to
27-18 abate hazards; notice; record of proceeding.
27-19 459.386 Issuance of decision of Division; notice of decision;
27-20 effective date of plan to reduce accidents; inspection of facility
27-21 to verify compliance with plan and schedule of abatement.
27-22 H