Senate Bill No. 58–Senator Raggio

 

February 6, 2003

____________

 

Referred to Committee on Natural Resources

 

SUMMARY—Makes various changes concerning laboratories that perform certain analyses relating to hazardous waste and regulated substances. (BDR 40‑943)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: Yes.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to hazardous waste; providing that certain required analyses relating to hazardous waste and regulated substances must be performed by certified laboratories; requiring the State Environmental Commission to adopt regulations for the certification of such laboratories; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

1-2  thereto a new section to read as follows:

1-3  Any analysis required for purposes of NRS 459.400 to 459.600,

1-4  inclusive, to identify whether waste is hazardous waste or to detect

1-5  the presence of hazardous waste or a regulated substance in soil

1-6  or water must be performed by a laboratory certified pursuant to

1-7  the regulations adopted pursuant to NRS 459.500.

1-8  Sec. 2.  NRS 459.405 is hereby amended to read as follows:

1-9  459.405  As used in NRS 459.400 to 459.600, inclusive, and

1-10  section 1 of this act, unless the context otherwise requires, the

1-11  words and terms defined in NRS 459.410 to 459.455, inclusive,

1-12  have the meanings ascribed to them in those sections.

 

 

2-1  Sec. 3.  NRS 459.460 is hereby amended to read as follows:

2-2  459.460  1.  NRS 459.400 to 459.600, inclusive, and section 1

2-3  of this act, do not apply to any activity or substance which is subject

2-4  to control pursuant to NRS 445A.300 to 445A.955, inclusive, and

2-5  459.010 to 459.290, inclusive, except to the extent that they can be

2-6  applied in a manner which is not inconsistent with those sections.

2-7  2.  The Director shall administer NRS 459.400 to 459.600,

2-8  inclusive, and section 1 of this act, in a manner which avoids

2-9  duplication of the provisions of NRS 445A.300 to 445A.955,

2-10  inclusive, and 445B.100 to 445B.640, inclusive, and the Federal

2-11  Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. §§ 136 et seq.

2-12      Sec. 4.  NRS 459.465 is hereby amended to read as follows:

2-13      459.465  The following types of waste are subject to the

2-14  provisions of NRS 459.400 to 459.600, inclusive, and section 1 of

2-15  this act, only if they are regulated pursuant to the Federal Resource

2-16  Conservation and Recovery Act of 1976, 42 U.S.C. §§ 6901 et seq.:

2-17      1.  Fly ash, bottom ash, slag and waste removed from flue gas

2-18  from the combustion of coal or other fossil fuels;

2-19      2.  Solid waste from extraction, beneficiation and processing of

2-20  ores and minerals, including phosphate rock and overburden from

2-21  the mining of uranium ore;

2-22      3.  Dust from cement kilns; and

2-23      4.  Drilling fluids and other wastes produced by exploration,

2-24  development or production of oil, gas or geothermal energy.

2-25      Sec. 5.  NRS 459.500 is hereby amended to read as follows:

2-26      459.500  1.  Except as otherwise provided in NRS 459.700 to

2-27  459.780, inclusive, or 459.800 to 459.856, inclusive:

2-28      (a) Regulations of the Commission must provide:

2-29          (1) For safety in the packaging, handling, transportation and

2-30  disposal of hazardous waste;

2-31          (2) For the certification of consultants involved in

2-32  consultation regarding the response to and the clean up of leaks of

2-33  hazardous waste, hazardous material or a regulated substance from

2-34  underground storage tanks, the clean up of spills of or accidents

2-35  involving hazardous waste, hazardous material or a regulated

2-36  substance, or the management of hazardous waste; [and]

2-37          (3) That a person employed full time by a business to act as

2-38  such a consultant is exempt from the requirements of certification if

2-39  the person:

2-40             (I) Meets the applicable requirements of 29 C.F.R.

2-41  § 1910.120 to manage such waste, materials or substances; and

2-42             (II) Is acting in the course of that full-time employment

2-43  [.] ; and

2-44          (4) For the certification of laboratories that perform

2-45  analyses for the purposes of NRS 459.400 to 459.600, inclusive, to

3-1  identify whether waste is hazardous waste or to detect the presence

3-2  of hazardous waste or a regulated substance in soil or water.

3-3  (b) Regulations of the Commission may:

3-4       (1) Provide for the licensing and other necessary regulation

3-5  of generators, including shippers and brokers, who cause that waste

3-6  to be transported into or through Nevada or for disposal in Nevada;

3-7       (2) Require that the person responsible for a spill, leak or

3-8  accident involving hazardous waste, hazardous material or a

3-9  regulated substance, obtain advice on the proper handling of the

3-10  spill, leak or accident from a consultant certified under the

3-11  regulations adopted pursuant to paragraph (a); and

3-12          (3) Establish standards relating to the education, experience,

3-13  performance and financial responsibility required for the

3-14  certification of consultants.

3-15      2.  The regulations may include provisions for:

3-16      (a) Fees to pay the cost of inspection, certification and other

3-17  regulation, excluding any activities conducted pursuant to NRS

3-18  459.7052 to 459.728, inclusive; and

3-19      (b) Administrative penalties of not more than $2,500 per

3-20  violation or $10,000 per shipment for violations by persons licensed

3-21  by the Department, and the criminal prosecution of violations of its

3-22  regulations by persons who are not licensed by the Department.

3-23      3.  Designated employees of the Department and the Nevada

3-24  Highway Patrol Division shall enforce the regulations of the

3-25  Commission relating to the transport and handling of hazardous

3-26  waste and the leakage or spill of that waste from packages.

3-27      Sec. 6.  1.  This section becomes effective upon passage and

3-28  approval.

3-29      2.  Section 5 of this act becomes effective upon passage and

3-30  approval for the purpose of adopting regulations and on July 1,

3-31  2004, for all other purposes.

3-32      3.  Sections 1 to 4, inclusive, of this act become effective on

3-33  July 1, 2004.

 

3-34  H