NRS 445C.080
Presumption that regulated person is not liable for administrative or civil penalty for violation

  • written agreement concerning environmental audit may be modified
  • authority of regulatory agency not limited by presumption against liability.

1.

Except as otherwise provided in NRS 445C.090, a regulated person is presumed not to be liable for an administrative or civil penalty for a violation of an environmental requirement if:

(a)

The regulated person conducted an environmental audit pursuant to a written agreement with the appropriate regulatory agency and the agreement prescribed the:

(1)

Scope, methods and schedule for conducting the audit; and

(2)

Manner in which a violation of an environmental requirement must be reported to the regulatory agency, including, but not limited to, the number of days after the discovery of a violation that the regulated person must report the violation to the regulatory agency;

(b)

The regulated person voluntarily disclosed the results of the environmental audit to the appropriate regulatory agency in accordance with the requirements of the written agreement;

(c)

The regulated person or regulated facility has not been issued a citation for a violation of the environmental requirement in the immediately preceding 3 years;

(d)

The regulated person entered into an enforceable agreement with the appropriate regulatory agency to:

(1)

Comply, as soon as practicable after the violation, with the environmental requirement;

(2)

Remedy any damage or other harm caused by the violation; and

(3)

Take action to prevent a recurrence of the violation; and

(e)

The environmental requirement that was violated is not a requirement for which the regulated person or regulatory facility was specifically required to comply pursuant to a judicial or administrative order or consent agreement.

2.

A written agreement that prescribes the scope, methods and schedule for conducting an environmental audit may be reasonably modified if the regulated person and the regulatory agency specifically agree to the modification.

3.

If a federal statute or regulation provides for the imposition of a penalty for a violation of an environmental requirement, the voluntary disclosure is, to the extent permitted under the statute or regulation, a mitigating factor in determining the amount of the penalty for the violation.

4.

The presumption against administrative or civil liability does not limit the authority of a regulatory agency to order a regulated person to comply with an environmental requirement whose violation it discovered because the regulated person voluntarily disclosed the results of an environmental audit.

Source: Section 445C.080 — Presumption that regulated person is not liable for administrative or civil penalty for violation; written agreement concerning environmental audit may be modified; authority of regulatory agency not limited by presumption against liability., https://www.­leg.­state.­nv.­us/NRS/NRS-445C.­html#NRS445CSec080.

445C.010
Definitions. 445C.020
“Environmental audit” defined. 445C.030
“Environmental requirement” defined. 445C.040
“Regulated facility” defined. 445C.050
“Regulated person” defined. 445C.060
“Regulatory agency” defined. 445C.070
Mitigating factors considered by court in determining criminal penalty for violation 445C.080
Presumption that regulated person is not liable for administrative or civil penalty for violation 445C.090
Rebuttal of presumption that regulated person is not liable for administrative or civil penalty for violation. 445C.100
Administrative or civil proceedings for violation: Burdens of proof. 445C.110
Environmental audit: Privileged 445C.120
Regulations 445C.150
Definitions. 445C.160
“Board” defined. 445C.170
“Department” defined. 445C.180
“Diesel fuel of grade number 1” defined. 445C.190
“Diesel fuel of grade number 2” defined. 445C.200
“Discharge” defined. 445C.210
“Division” defined. 445C.220
“Fund” defined. 445C.230
“Heating oil” defined. 445C.240
“Motor vehicle fuel” defined. 445C.250
“Operator” defined. 445C.260
“Person” defined. 445C.270
“Petroleum” defined. 445C.280
“Storage tank” defined. 445C.290
Legislative findings. 445C.300
Board to Review Claims: Creation 445C.310
Fund for Cleaning Up Discharges of Petroleum: Creation 445C.320
Fund for Cleaning Up Discharges of Petroleum: Expenditures for certain discharges 445C.330
Collection of fee for certain fuels and heating oil 445C.340
Registration of storage tanks: Collection of annual fee 445C.360
Report of discharge from tank required 445C.370
Allocation of costs resulting from discharge from certain storage tanks for heating oil. 445C.380
Allocation of costs resulting from discharge from other storage tanks 445C.390
Liability for costs to clean up discharge caused by willful or wanton misconduct, gross negligence or violation of statute or regulation. 445C.400
Pro rata reduction if balance of Fund insufficient for full payment. 445C.410
Tanks exempted from certain provisions
Last Updated

Feb. 5, 2021

§ 445C.080’s source at nv​.us