NRS459.840. Account for Management of Storage Tanks: Use; reimbursement; action by Attorney General.

      1.  Except as otherwise provided in subsections 2 and 3, money in the Account for the Management of Storage Tanks may only be expended for the continuing observation or other management of storage tanks.

      2.  If a person responsible for a release of a regulated substance from a storage tank does not act promptly to clean and decontaminate the affected area properly, and if that inaction presents an imminent and substantial hazard to human health, public safety or the environment, money from the Account may be expended to pay the costs of:

      (a) Responding to a release of a regulated substance from a storage tank;

      (b) Coordinating the efforts of state, local and federal agencies responding to a release from a storage tank;

      (c) Managing the cleaning and decontamination of an area in which a release from a storage tank has occurred; or

      (d) Removing or contracting for the removal of a regulated substance released from a storage tank which presents an imminent danger to human health, public safety or the environment.

      3.  The Director shall demand reimbursement of the Account for money expended pursuant to subsection 2 from any person who is responsible for the release, or who owns or controls the storage tank, or the area in which the release occurred. Payment of the reimbursement is due within 20 days after the person receives notice from the Director of the amount due. Reimbursement may include all costs actually incurred in the investigation and cleanup. The Director may impose an administrative penalty of not more than 5 percent of the amount of reimbursement for each day the amount remains unpaid after the date the payment for reimbursement is due.

      4.  At the request of the Director, the Attorney General shall seek recovery by legal action of the amount of any unpaid reimbursement and penalty.

      (Added to NRS by 1989, 772; A 1993, 646)