NRS 445C.390
Liability for costs to clean up discharge caused by willful or wanton misconduct, gross negligence or violation of statute or regulation.

1.

Any person who, through willful or wanton misconduct, through gross negligence or through violation of any applicable statute or regulation, including specifically any state or federal standard pertaining to the preparation or maintenance of sites for storage tanks, proximately causes a discharge is liable to the Division for any cost in cleaning up the discharge or paying for it to be cleaned up.

2.

If a discharge occurs, the site of the tank and any other premises affected by the discharge must be brought into compliance with any applicable standard as described in subsection 1.

Source: Section 445C.390 — Liability for costs to clean up discharge caused by willful or wanton misconduct, gross negligence or violation of statute or regulation., https://www.­leg.­state.­nv.­us/NRS/NRS-445C.­html#NRS445CSec390.

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.390’s source at nv​.us