NRS 459.636
Submission of remedial agreement for approval

  • prerequisites to approval
  • explanation of disapproval.

1.

After an application is approved, the participant shall submit a remedial agreement to the Administrator for the Administrator’s approval.

2.

The Administrator shall approve a remedial agreement only if:

(a)

The agreement:

(1)

Provides for the recovery by the Division of all direct and indirect costs, in excess of the application fee, of overseeing and supervising the removal or remediation of the hazardous substance or substances on the property;

(2)

Specifies the substance to be removed from or remediated on the property, the actions to be taken and the standards to be met with respect to removal or remediation, and the uses for which the property will not be suitable after the removal or remediation is carried out; and

(3)

Includes a grant to the Administrator of an irrevocable easement or right of entry onto the property to oversee and observe the work during and after the removal or remediation;

(b)

The removal or remediation of the hazardous substance or substances will:

(1)

Restore the property to the condition to which it would be restored if the Division caused action to be taken pursuant to NRS 459.537;

(2)

Not cause, contribute to or worsen any release or threatened release of a hazardous substance on the property;

(3)

Adequately protect human health and the environment; and

(4)

Comply with any applicable regulations adopted by the Commission pursuant to NRS 459.656; and

(c)

The participant is financially capable of undertaking the removal or remediation of the hazardous substance or substances.

3.

If the participant is not the owner of the property, the Administrator shall not approve a remedial agreement unless the owner first agrees to the terms of the agreement.

4.

Before approving a remedial agreement, the Administrator shall:

(a)

Publish a notice and brief summary of the agreement in a newspaper of general circulation in the county where the property is located;

(b)

Make reasonable efforts to provide personal notice to all responsible parties known to the Administrator and to all owners and residents of property within 500 yards of the outer boundary of the property on which the work is to be performed;

(c)

Provide 30 days for the submission of written comments; and

(d)

Hold a public hearing in the county where the property is located.

5.

If the Administrator disapproves a proposed remedial agreement, the Administrator shall deliver to the participant, within 30 days after the disapproval, a written explanation of the reasons for the disapproval.

Source: Section 459.636 — Submission of remedial agreement for approval; prerequisites to approval; explanation of disapproval., https://www.­leg.­state.­nv.­us/NRS/NRS-459.­html#NRS459Sec636.

459.001
Enactment 459.002
Appointment of member of Board by Governor. 459.003
Alternate member: Designation 459.004
Bylaws, rules and regulations filed with Secretary of State. 459.005
Applicability of Nevada Industrial Insurance Act to persons dispatched to another state. 459.007
Enactment 459.008
Appointment of member of Board by Governor 459.009
Definitions. 459.010
Definitions. 459.020
State agency for control of radiation. 459.030
Duties of state agency for control of radiation. 459.035
Applicant for registration of radiation machine to attest to proper licensure of employees. 459.050
Inspections 459.060
Records. 459.070
Report of exposure of personnel 459.080
Agreements between State and Federal Government. 459.0083
State surcharge: Imposition 459.0085
Creation 459.090
Agreements concerning inspection 459.0091
Commission on Nuclear Projects: Creation 459.0092
Commission on Nuclear Projects: Duties. 459.0093
Agency for Nuclear Projects: Creation 459.0094
Executive Director of Agency for Nuclear Projects: Duties. 459.0095
Executive Director of Agency for Nuclear Projects: Powers. 459.0096
Executive Director and Administrators: Administration of laws relating to Division 459.0097
Duties of Administrator of Division of Technical Programs. 459.0098
Duties of Administrator of Division of Planning. 459.100
Hearings 459.105
Disciplinary action by hearing officer or panel: Procedural requirements 459.120
Issuance of emergency regulation or order by Division. 459.125
Department of Transportation to develop plan for routing shipments of controlled quantities of radioactive materials and high-level radioactive waste 459.201
Licensing and registration of sources of ionizing radiation. 459.211
Fees for operation or use of areas for storage and disposal owned by State 459.221
License to use area for disposal required 459.231
Fund for Care of Sites for Disposal of Radioactive Waste: Creation 459.235
Deposit of penal fines 459.260
Suspension, revocation or amending of license or registration 459.270
Injunctive and other relief. 459.280
Removal of radioactive waste, machinery or equipment by employee from area for disposal prohibited 459.290
Penalties. 459.300
Legislative findings. 459.310
Fees for regulating operations concerning uranium and care and maintenance of radioactive tailings and residues 459.320
Prerequisites to issuance of license. 459.330
Terms and conditions to be contained in license. 459.340
Title to site for disposal and by-products to be transferred to United States or this State before termination of production. 459.350
Person exempt from licensing may be required to observe or perform remedial work. 459.360
Standards of management of by-products. 459.370
Construction of facility or disposal of by-products without license unlawful. 459.380
Legislative declaration. 459.382
Reports of regulatory agencies 459.387
Entry into facility to verify compliance with statutory requirements and regulations 459.400
Purpose. 459.405
Definitions. 459.410
“Commission” defined. 459.415
“Department” defined. 459.420
“Director” defined. 459.425
“Disposal” defined. 459.428
“Hazardous material” defined. 459.429
“Hazardous substance” defined. 459.430
“Hazardous waste” defined. 459.432
“Household waste” defined. 459.435
“Management of hazardous waste” defined. 459.440
“Manifest” defined. 459.445
“Person” defined. 459.448
“Regulated substance” defined. 459.450
“Storage” defined. 459.455
“Treatment” defined. 459.470
Department designated as state agency for regulation of hazardous waste. 459.475
Duties of Department. 459.485
Duties of Commission. 459.490
General requirements for regulations. 459.500
Contents of regulations 459.501
Certification of laboratory required for performance of analysis to detect presence of hazardous waste or regulated substance in soil or water for certain purposes 459.502
Certification of laboratory required for performance of analysis for person who generates waste to determine whether waste is hazardous. 459.505
Agreements to provide state land for areas for disposal of hazardous waste. 459.510
Fees for use of areas for disposal owned by State: Amount 459.512
Payment of additional fees by facility for management of hazardous waste for training emergency personnel and ensuring safety of shipment of hazardous materials 459.515
Construction, alteration or operation of facility without permit unlawful 459.520
Regulations governing permits. 459.525
Financial responsibility of owner or operator of facility 459.530
Account for Management of Hazardous Waste: Creation 459.535
Account for Management of Hazardous Waste: Use. 459.537
Account for Management of Hazardous Waste: Payment of costs of responding to leak, spill, accident or motor vehicle crash 459.540
Condition in permit specifying time allowed for completion of modification. 459.545
Substitution of equivalent standards of protection. 459.546
Variances: Conditions and criteria for granting 459.547
Variances: Renewal 459.548
Variances: Regulations governing applications 459.549
Variances: Granting and renewal discretionary. 459.550
Records and reports. 459.555
Disclosure of public and confidential information. 459.560
Inspections. 459.565
Action to prevent practice or act which constitutes hazard to human health, public safety or environment. 459.575
Subpoenas. 459.580
Injunctive relief. 459.585
Civil penalties 459.590
Unlawful transportation of hazardous waste. 459.595
False statement, representation or certification 459.600
Operation without permit or in violation of condition of permit or order 459.610
Definitions. 459.612
“Administrator” defined. 459.614
“Commission” defined. 459.616
“Division” defined. 459.618
“Eligible property” defined. 459.620
“Hazardous substance” defined. 459.622
“Participant” defined. 459.624
“Program” defined. 459.626
“Prospective purchaser” defined. 459.628
“Remedial agreement” defined. 459.630
“Responsible party” defined. 459.632
Certain real property deemed to be eligible property. 459.634
Application for participation in program 459.636
Submission of remedial agreement for approval 459.638
Certification of completion of remedial agreement 459.640
Effect of certificate of completion: Relief from liability. 459.642
Effect of certificate of completion: Limitations on relief from liability. 459.644
Effect of certificate of completion: Applicability to persons other than original holder. 459.646
Limitations on liability of lenders and persons with security interest in property. 459.648
Limitations on liability of prospective purchasers. 459.650
Action against responsible party by holder of certificate of completion or seller of property. 459.652
Termination of participation in program. 459.654
Review of decisions of Administrator. 459.656
Adoption of regulations by Commission. 459.658
Negotiation with Environmental Protection Agency regarding effect of certificate of completion. 459.700
Definitions. 459.701
“Commission” defined. 459.702
“Division” defined. 459.703
“Uniform application” defined. 459.704
Coordination of fees, forms and regulations 459.706
Motor carriers: Prerequisites to issuance of permit to transport radioactive waste 459.708
Motor carriers: Rejection of and liability for certain packages of radioactive waste. 459.709
Motor carriers: Prerequisites to transportation of high-level radioactive waste or spent nuclear fuel. 459.712
Inspections, investigations and reproduction of records: Authority of Department 459.715
Repository for Information Concerning Hazardous Materials in Nevada. 459.718
Notification of Division regarding certain accidents, motor vehicle crashes or incidents. 459.721
Duties of Director: Regulations for participation in uniform program. 459.725
Powers and duties of Director: Administration of provisions 459.727
Provisions inapplicable to transportation by governmental vehicle. 459.728
Provisions supersede and preempt local regulation of transportation 459.735
Contingency Account for Hazardous Materials. 459.738
Creation of Commission 459.740
Adoption of regulations 459.742
Powers of Commission. 459.744
Establishment and payment of fees. 459.748
Definitions. 459.750
Responsibility for cleaning and decontamination of area affected by spill, accident or motor vehicle crash. 459.755
Use of Contingency Account for Hazardous Materials to pay for costs of cleaning and decontamination of area affected by spill, accident or motor vehicle crash. 459.760
Reimbursement of expenses of responding state agency 459.765
Deposit of reimbursement and penalty for credit to Contingency Account for Hazardous Materials. 459.770
Recovery of costs incurred by responding county or city. 459.773
Development and dissemination of reference guide regarding response to accidents, motor vehicle crashes and incidents. 459.774
Civil penalties for certain violations. 459.775
Unlawful acts: Misdemeanors. 459.780
Unlawful acts: Gross misdemeanors. 459.790
“Hazardous material” defined. 459.792
Scope of immunity: State Emergency Response Commission 459.794
Exclusions from immunity: Damages from gross negligence or misconduct 459.796
Prerequisites for immunity: Persons providing equipment, advice or other assistance. 459.800
Definitions. 459.802
“Commission” defined. 459.804
“Department” defined. 459.806
“Director” defined. 459.808
“Division” defined. 459.810
“Operator” defined. 459.812
“Owner” defined. 459.814
“Person” defined. 459.816
“Regulated substance” defined. 459.818
“Release” defined. 459.820
“Storage tank” defined. 459.822
Department designated as state agency for regulation of storage tanks. 459.824
Duties of Director. 459.825
Coordination of fees, regulations and forms 459.826
Regulations of Commission: General requirements. 459.828
Owner or operator of storage tank to provide Department with certain information. 459.830
Regulations of Commission: Standards of performance. 459.832
Regulations of Commission: Closure, removal, disposal and management of storage tanks. 459.834
Regulations of Commission regarding corrective action, evidence of financial responsibility 459.836
Permits to operate storage tanks: Regulations 459.838
Account for Management of Storage Tanks: Creation 459.840
Account for Management of Storage Tanks: Use 459.842
Enforcement by Department 459.844
Subpoenas. 459.846
Disclosure of information obtained by Department. 459.848
Authority to enter and inspect. 459.850
Action to alleviate hazard to human health, public safety or environment. 459.852
Order for corrective action. 459.854
Injunctive relief. 459.856
Civil penalties 459.860
Definitions. 459.862
“Administrator” defined. 459.864
“Brownfield project” defined. 459.866
“Brownfield site” defined. 459.868
“Brownfields Restoration Act” defined. 459.870
“Commission” defined. 459.872
“Division” defined. 459.874
“Federal grant” defined. 459.876
“Fund” defined. 459.878
Creation 459.880
Limitations on use of money. 459.882
Limitations regarding expenditures from money from federal grant. 459.884
Duties of Division. 459.886
Powers of Division. 459.888
Administrator may collect fee to defray costs of administering Fund. 459.890
Administrator may employ persons necessary to carry out duties. 459.892
Regulations. 459.900
Submission to governmental agencies of information regarding manufacture, processing, use and disposal of toxic chemicals. 459.910
Unlawful to store high-level radioactive waste in State. 459.920
Prerequisites for operation or display of radar gun or similar device. 459.930
Immunity from liability for certain persons for response actions and cleanup with respect to certain real property at which hazardous substance has been or may have been released. 459.3802
Definitions. 459.3806
“Division” defined. 459.3809
“Process” defined. 459.3813
Applicability of statutory provisions and regulations to certain facilities 459.3814
Applicability of statutory provisions: Excluded activities. 459.3816
Designation of highly hazardous substances and explosives: Regulations 459.3818
State Environmental Commission to adopt regulations 459.3819
Inspections by state and local agencies of facilities where explosives are manufactured, used, processed, handled, moved on-site or stored. 459.3822
Records, reports and other information of facility: Submission by owner or operator of facility 459.3824
Annual fees 459.3829
Permits to construct or commence operation of new process: Requirements 459.3832
Regulations concerning certification of records, reports and information submitted to Division 459.3833
Program to prevent and minimize consequences of accidental release of hazardous substance: Delegation of authority and grant of money from Federal Government 459.3834
Unlawful acts 459.3862
“Committee” defined. 459.3864
Creation 459.3866
Receipt of records and documents 459.3868
Duties. 459.3872
Injunctive relief 459.3874
Amount of civil administrative penalties 459.7005
“Base state” defined. 459.7016
“Department” defined. 459.7018
“Director” defined. 459.7022
“Extremely hazardous material” defined. 459.7024
“Hazardous material” defined. 459.7025
“Motor carrier” defined. 459.7026
“Person” defined. 459.7032
“Uniform program” defined. 459.7054
Uniform application: Information required. 459.7056
Uniform application: Confidentiality and disclosure of information provided. 459.7058
Denial, suspension or revocation of registration and permit: Grounds 459.38075
“Facility” defined. 459.38125
“Vessel” defined. 459.38195
Investigation of certain accidents and motor vehicle crashes: Powers and duties of Division 459.70255
“Participating state” defined.
Last Updated

Jun. 24, 2021

§ 459.636’s source at nv​.us