NRS459.500. Contents of regulations; enforcement of regulations relating to transportation and handling of hazardous waste.

      1.  Except as otherwise provided in NRS 459.700 to 459.780, inclusive, or 459.800 to 459.856, inclusive:

      (a) Regulations of the Commission must provide:

             (1) For safety in the packaging, handling, transportation and disposal of hazardous waste;

             (2) For the certification of consultants involved in consultation regarding the response to and the clean up of leaks of hazardous waste, hazardous material or a regulated substance from underground storage tanks, the clean up of spills of or accidents involving hazardous waste, hazardous material or a regulated substance, or the management of hazardous waste;

             (3) That a person employed full-time by a business to act as such a consultant is exempt from the requirements of certification if the person:

                   (I) Meets the applicable requirements of 29 C.F.R. § 1910.120 to manage such waste, materials or substances; and

                   (II) Is acting in the course of that full-time employment; and

             (4) For the certification of laboratories that perform analyses for the purposes of NRS 459.400 to 459.600, inclusive, 459.610 to 459.658, inclusive, and 459.800 to 459.856, inclusive, to identify whether waste is hazardous waste or to detect the presence of hazardous waste or a regulated substance in soil or water.

      (b) Regulations of the Commission may:

             (1) Provide for the licensing and other necessary regulation of generators, including shippers and brokers, who cause that waste to be transported into or through Nevada or for disposal in Nevada;

             (2) Require that the person responsible for a spill, leak or accident involving hazardous waste, hazardous material or a regulated substance, obtain advice on the proper handling of the spill, leak or accident from a consultant certified under the regulations adopted pursuant to paragraph (a); and

             (3) Establish standards relating to the education, experience, performance and financial responsibility required for the certification of consultants.

      2.  The regulations may include provisions for:

      (a) Fees to pay the cost of inspection, certification and other regulation, excluding any activities conducted pursuant to NRS 459.7052 to 459.728, inclusive; and

      (b) Administrative penalties of not more than $2,500 per violation or $10,000 per shipment for violations by persons licensed by the Department, and the criminal prosecution of violations of its regulations by persons who are not licensed by the Department.

      3.  Designated employees of the Department and the Nevada Highway Patrol Division shall enforce the regulations of the Commission relating to the transport and handling of hazardous waste and the leakage or spill of that waste from packages.

      (Added to NRS by 1981, 882; A 1985, 1990; 1987, 1755; 1989, 1489; 1993, 847; 1997, 2002; 1999, 3349; 2001, 899; 2003, 2115)