Senate Bill No. 58–Senator Raggio

 

February 6, 2003

____________

 

Referred to Committee on Natural Resources

 

SUMMARY—Makes various changes relating to hazardous materials. (BDR 40‑943)

 

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.

 

AN ACT relating to hazardous materials; 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; providing for the regulation of certain aboveground storage tanks by the Commission; providing penalties; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. Chapter 445A of NRS is hereby amended by

1-2  adding thereto the provisions set forth as sections 2 and 3 of this act.

1-3  Sec. 2.  “Hazardous waste” has the meaning ascribed to it in

1-4  NRS 459.430.

1-5  Sec. 3.  1.  Except as otherwise provided in subsection 2, any

1-6  analysis performed to detect the presence of hazardous waste or a

1-7  regulated substance in soil or water as required for the purposes

1-8  of NRS 445A.300 to 445A.730, inclusive, and sections 2 and 3 of

1-9  this act must be performed by a laboratory certified pursuant to

1-10  the regulations adopted pursuant to NRS 445A.425.

1-11      2.  The provisions of subsection 1 do not apply to an analysis

1-12  of waste that is managed by a facility for the management of

1-13  hazardous waste.

2-1  Sec. 4.  NRS 445A.310 is hereby amended to read as follows:

2-2  445A.310  As used in NRS 445A.300 to 445A.730, inclusive,

2-3  and sections 2 and 3 of this act, unless the context otherwise

2-4  requires, the words and terms defined in NRS 445A.315 to

2-5  445A.420, inclusive, and section 2 of this act have the meanings

2-6  ascribed to them in those sections.

2-7  Sec. 5.  NRS 445A.425 is hereby amended to read as follows:

2-8  445A.425  1.  Except as specifically provided in NRS

2-9  445A.625 to 445A.645, inclusive, the Commission shall:

2-10      (a) Adopt regulations carrying out the provisions of NRS

2-11  445A.300 to 445A.730, inclusive, and sections 2 and 3 of this act,

2-12  including standards of water quality and amounts of waste which

2-13  may be discharged into the waters of the State.

2-14      (b) Adopt regulations providing for the certification of

2-15  laboratories that perform analyses for the purposes of NRS

2-16  445A.300 to 445A.730, inclusive, and sections 2 and 3 of this act to

2-17  detect the presence of hazardous waste or a regulated substance in

2-18  soil or water.

2-19      (c) Adopt regulations controlling the injection of fluids through

2-20  a well to prohibit those injections into underground water, if it

2-21  supplies or may reasonably be expected to supply any public water

2-22  system, as defined in NRS 445A.840, which may result in that

2-23  system’s noncompliance with any regulation regarding primary

2-24  drinking water or may otherwise have an adverse effect on human

2-25  health.

2-26      [(c)] (d) Advise, consult and cooperate with other agencies of

2-27  the State, the Federal Government, other states, interstate agencies

2-28  and other persons in furthering the provisions of NRS 445A.300 to

2-29  445A.730, inclusive [.] , and sections 2 and 3 of this act.

2-30      [(d)] (e) Determine and prescribe the qualifications and duties of

2-31  the supervisors and technicians responsible for the operation and

2-32  maintenance of plants for sewage treatment.

2-33      2.  The Commission may by regulation require that supervisors

2-34  and technicians responsible for the operation and maintenance of

2-35  plants for sewage treatment be certified by the Department. The

2-36  regulations may include a schedule of fees to pay the costs of

2-37  certification. The provisions of this subsection apply only to a

2-38  package plant for sewage treatment whose capacity is more than

2-39  5,000 gallons per day and to any other plant whose capacity is more

2-40  than 10,000 gallons per day.

2-41      3.  In adopting regulations, standards of water quality and

2-42  effluent limitations pursuant to NRS 445A.300 to 445A.730,

2-43  inclusive, and sections 2 and 3 of this act, the Commission shall

2-44  recognize the historical irrigation practices in the respective river

2-45  basins of this state, the economy thereof and their effects.

3-1  4.  The Commission may hold hearings, issue notices of

3-2  hearings, issue subpoenas requiring the attendance of witnesses and

3-3  the production of evidence, administer oaths and take testimony as it

3-4  considers necessary to carry out the provisions of this section and

3-5  for the purpose of reviewing standards of water quality.

3-6  5.  As used in this section, “plant for sewage treatment” means

3-7  any facility for the treatment, purification or disposal of sewage.

3-8  Sec. 6.  NRS 445A.625 is hereby amended to read as follows:

3-9  445A.625  [1.] The Department may issue, pursuant to NRS

3-10  445A.630, 445A.635 and 445A.640, a written permit to an applicant

3-11  for that person to discharge, deposit, generate or dispose of any

3-12  radioactive or hazardous waste.

3-13      [2.  As used in this section, “hazardous waste” has the meaning

3-14  ascribed to it in NRS 459.430.]

3-15      Sec. 7.  Chapter 459 of NRS is hereby amended by adding

3-16  thereto the provisions set forth as sections 8 and 9 of this act.

3-17      Sec. 8.  1.  Except as otherwise provided in subsection 2, any

3-18  analysis performed to detect the presence of hazardous waste or a

3-19  regulated substance in soil or water as required for the purposes

3-20  of NRS 459.400 to 459.600, inclusive, and sections 8 and 9 of this

3-21  act, 459.610 to 459.658, inclusive, or 459.800 to 459.856, inclusive,

3-22  must be performed by a laboratory certified pursuant to the

3-23  regulations adopted pursuant to NRS 459.500.

3-24      2.  The provisions of subsection 1 do not apply to an analysis

3-25  of waste that is managed by a facility for the management of

3-26  hazardous waste.

3-27      Sec. 9.  Any analysis performed for a person who generates

3-28  waste to identify whether that waste is hazardous as required for

3-29  the purposes of NRS 459.400 to 459.600, inclusive, and sections 8

3-30  and 9 of this act must be performed by a laboratory certified

3-31  pursuant to the regulations adopted pursuant to NRS 459.500.

3-32      Sec. 10.  NRS 459.405 is hereby amended to read as follows:

3-33      459.405  As used in NRS 459.400 to 459.600, inclusive, and

3-34  sections 8 and 9 of this act, unless the context otherwise requires,

3-35  the words and terms defined in NRS 459.410 to 459.455, inclusive,

3-36  have the meanings ascribed to them in those sections.

3-37      Sec. 11.  NRS 459.460 is hereby amended to read as follows:

3-38      459.460  1.  NRS 459.400 to 459.600, inclusive, and sections

3-39  8 and 9 of this act, do not apply to any activity or substance which

3-40  is subject to control pursuant to NRS 445A.300 to 445A.955,

3-41  inclusive, and 459.010 to 459.290, inclusive, except to the extent

3-42  that they can be applied in a manner which is not inconsistent with

3-43  those sections.

3-44      2.  The Director shall administer NRS 459.400 to 459.600,

3-45  inclusive, and sections 8 and 9 of this act, in a manner which

4-1  avoids duplication of the provisions of NRS 445A.300 to 445A.955,

4-2  inclusive, and 445B.100 to 445B.640, inclusive, and the Federal

4-3  Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. §§ 136 et seq.

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

4-5  459.465  The following types of waste are subject to the

4-6  provisions of NRS 459.400 to 459.600, inclusive, and sections 8

4-7  and 9 of this act, only if they are regulated pursuant to the Federal

4-8  Resource Conservation and Recovery Act of 1976, 42 U.S.C. §§

4-9  6901 et seq.:

4-10      1.  Fly ash, bottom ash, slag and waste removed from flue gas

4-11  from the combustion of coal or other fossil fuels;

4-12      2.  Solid waste from extraction, beneficiation and processing of

4-13  ores and minerals, including phosphate rock and overburden from

4-14  the mining of uranium ore;

4-15      3.  Dust from cement kilns; and

4-16      4.  Drilling fluids and other wastes produced by exploration,

4-17  development or production of oil, gas or geothermal energy.

4-18      Sec. 13.  NRS 459.500 is hereby amended to read as follows:

4-19      459.500  1.  Except as otherwise provided in NRS 459.700 to

4-20  459.780, inclusive, or 459.800 to 459.856, inclusive:

4-21      (a) Regulations of the Commission must provide:

4-22          (1) For safety in the packaging, handling, transportation and

4-23  disposal of hazardous waste;

4-24          (2) For the certification of consultants involved in

4-25  consultation regarding the response to and the clean up of leaks of

4-26  hazardous waste, hazardous material or a regulated substance from

4-27  underground storage tanks, the clean up of spills of or accidents

4-28  involving hazardous waste, hazardous material or a regulated

4-29  substance, or the management of hazardous waste; [and]

4-30          (3) That a person employed full time by a business to act as

4-31  such a consultant is exempt from the requirements of certification if

4-32  the person:

4-33             (I) Meets the applicable requirements of 29 C.F.R.

4-34  § 1910.120 to manage such waste, materials or substances; and

4-35             (II) Is acting in the course of that full-time employment

4-36  [.] ; and

4-37          (4) For the certification of laboratories that perform

4-38  analyses for the purposes of NRS 459.400 to 459.600, inclusive,

4-39  and sections 8 and 9 of this act, 459.610 to 459.658, inclusive, and

4-40  459.800 to 459.856, inclusive, to identify whether waste is

4-41  hazardous waste or to detect the presence of hazardous waste or a

4-42  regulated substance in soil or water.

4-43      (b) Regulations of the Commission may:

5-1       (1) Provide for the licensing and other necessary regulation

5-2  of generators, including shippers and brokers, who cause that waste

5-3  to be transported into or through Nevada or for disposal in Nevada;

5-4       (2) Require that the person responsible for a spill, leak or

5-5  accident involving hazardous waste, hazardous material or a

5-6  regulated substance, obtain advice on the proper handling of the

5-7  spill, leak or accident from a consultant certified under the

5-8  regulations adopted pursuant to paragraph (a); and

5-9       (3) Establish standards relating to the education, experience,

5-10  performance and financial responsibility required for the

5-11  certification of consultants.

5-12      2.  The regulations may include provisions for:

5-13      (a) Fees to pay the cost of inspection, certification and other

5-14  regulation, excluding any activities conducted pursuant to NRS

5-15  459.7052 to 459.728, inclusive; and

5-16      (b) Administrative penalties of not more than $2,500 per

5-17  violation or $10,000 per shipment for violations by persons licensed

5-18  by the Department, and the criminal prosecution of violations of its

5-19  regulations by persons who are not licensed by the Department.

5-20      3.  Designated employees of the Department and the Nevada

5-21  Highway Patrol Division shall enforce the regulations of the

5-22  Commission relating to the transport and handling of hazardous

5-23  waste and the leakage or spill of that waste from packages.

5-24      Sec. 14.  NRS 459.812 is hereby amended to read as follows:

5-25      459.812  “Owner” means any person who owns [a] :

5-26      1.  An underground storage tank used to store or dispense

5-27  regulated substances after November 8, 1984, or if the use of the

5-28  tank was discontinued before that date, the last person to own such a

5-29  tank before its use was discontinued [.] ; or

5-30      2.  An aboveground storage tank used to store or dispense

5-31  regulated substances after October 1, 2003, or, if the use of the

5-32  tank was discontinued before that date, the last person to own

5-33  such a tank before its use was discontinued.

5-34      Sec. 15.  NRS 459.820 is hereby amended to read as follows:

5-35      459.820  “Storage tank” means any one or combination of

5-36  stationary tanks , including pipes connected thereto, used to contain

5-37  and accumulate regulated substances. The term includes only [those]

5-38  :

5-39      1.  Underground storage tanks that are regulated pursuant to

5-40  the Federal Resource Conservation and Recovery Act of 1976, 42

5-41  U.S.C. §§ 6901 et seq. ; and

5-42      2.  Aboveground storage tanks that have a storage capacity of

5-43  at least 110 gallons but not more than 30,000 gallons, including,

5-44  without limitation, aboveground storage tanks located over water

5-45  and used to supply fuel at a marina or other facility.

6-1  Sec. 16.  NRS 459.825 is hereby amended to read as follows:

6-2  459.825  1.  The Commission shall coordinate:

6-3  (a) The collection of fees related to [underground] storage tanks;

6-4  (b) The adoption of regulations governing [underground]

6-5  storage tanks; and

6-6  (c) The standardization of forms used by the agencies of the

6-7  State and local governments that regulate [underground] storage

6-8  tanks for reporting information relating to such storage tanks.

6-9  2.  Each agency of this state and local government that regulates

6-10  [underground] storage tanks shall, in consultation with the

6-11  Commission:

6-12      (a) Cooperate to eliminate any duplication, conflicts or

6-13  inconsistencies in regulations adopted to govern [underground]

6-14  storage tanks;

6-15      (b) Review periodically the forms for reporting information

6-16  related to [underground] storage tanks to determine whether they are

6-17  complete and easy to understand and, if appropriate, revise the

6-18  forms accordingly;

6-19      (c) Cooperate to develop a uniform format for reporting

6-20  information related to [underground] storage tanks;

6-21      (d) Cooperate to ensure that agencies of local governments that

6-22  respond to emergencies involving [underground] storage tanks

6-23  receive reports of those emergencies in a timely manner; and

6-24      (e) Consolidate the collection of fees related to [underground]

6-25  storage tanks.

6-26      Sec. 17.  1.  This section becomes effective upon passage and

6-27  approval.

6-28      2.  Sections 14, 15 and 16 of this act become effective upon

6-29  passage and approval for the purpose of adopting regulations

6-30  governing aboveground storage tanks and on October 1, 2003, for

6-31  all other purposes.

6-32      3.  Section 13 of this act becomes effective upon passage and

6-33  approval for the purpose of adopting regulations and on July 1,

6-34  2004, for all other purposes.

6-35      4.  Sections 1 to 12, inclusive, of this act become effective on

6-36  July 1, 2004.

 

6-37  H