NRS459.636. 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.

      (Added to NRS by 1999, 2690)