NRS459.221. License to use area for disposal required; violations concerning shipping; penalties; suspension, revocation or reinstatement of license.

      1.  A shipper or producer of radioactive waste, or a broker who receives such waste from another person for the purpose of disposal, shall not dispose of the waste in this State until he or she obtains a license from the Division to use the disposal area. The Division shall order a shipment of such waste from an unlicensed shipper or broker to be returned to him or her, except for a package which has leaked or spilled its contents, unless the package has been securely repackaged for return.

      2.  The Division shall issue a license to use a disposal area to a shipper or broker who demonstrates to the satisfaction of the Division that the shipper or broker will package and label the waste he or she transports or causes to be transported to the disposal area in conformity with the regulations of the State Board of Health. The Director of the Department of Health and Human Services may designate third parties to inspect and make recommendations concerning such shippers and brokers and their shipments.

      3.  A shipper or broker violates this section if the shipper or broker transports or causes to be transported to a disposal area any such waste:

      (a) Which is not packaged or labeled in conformity with regulations of the State Board of Health;

      (b) Which is not accompanied by a bill of lading or other shipping document prescribed by that Board; or

      (c) Which leaks or spills from its package, unless, by way of affirmative defense, the shipper or broker proves that the carrier of the waste was responsible for the leak or spill,

Ê and if licensed by the Division, the shipper or broker may be assessed an administrative penalty by the Division of not more than $5,000, or if not licensed, the shipper or broker is guilty of a misdemeanor.

      4.  Each container of such waste which is not properly packaged or labeled, or leaks or spills its contents, constitutes a separate violation, but the total amount of the penalty or fine for any one shipment must not exceed $20,000. The Division in assessing an administrative penalty, or the court in imposing a fine for a misdemeanor, shall consider the substantiality of the violation and the injury or risk of injury to persons or property in this State.

      5.  The Division, or the Board pursuant to NRS 459.100, may suspend or revoke a license to use a disposal area if it finds that the licensee has violated any provision of this chapter. If a license has been revoked or suspended, it may be reinstated only if the licensee demonstrates to the Division that the licensee will comply with the provisions of this chapter in all future shipments of waste.

      (Added to NRS by 1981, 230; 1983, 504)