NRS 445C.090
Rebuttal of presumption that regulated person is not liable for administrative or civil penalty for violation.

The presumption against administrative or civil liability set forth in NRS 445C.080 is rebutted to the extent it is established that:

1.

The violation of an environmental requirement was committed willfully or with gross negligence by the regulated person;

2.

The regulated person identified and disclosed the violation of an environmental requirement in an environmental audit after the commencement of:

(a)

An independent inspection or investigation of the regulated facility by a regulatory agency or other governmental entity;

(b)

An administrative proceeding against the regulated person for the violation; or

(c)

A civil or criminal action against the regulated person for the violation;

3.

The violation resulted in serious actual harm or presented an imminent or substantial danger to the public health or the environment;

4.

The environmental audit was conducted for a fraudulent purpose;

5.

The regulated person obtained a significant economic benefit or advantage as a result of the violation; or

6.

The regulated person conducted a previous environmental audit that disclosed the violation and he or she intentionally failed to report that violation to the appropriate regulatory agency.

Source: Section 445C.090 — Rebuttal of presumption that regulated person is not liable for administrative or civil penalty for violation., https://www.­leg.­state.­nv.­us/NRS/NRS-445C.­html#NRS445CSec090.

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.090’s source at nv​.us