AB 40 — Revises various provisions relating to environmental hazards. (BDR 46-265)

Existing law requires the Commission to adopt regulations requiring the owner or operator of any facility for the treatment, storage or disposal of hazardous waste to show his or her financial responsibility for the undertaking.

(NRS 459.525)s459.525) waste Section 48 requires the Commission to adopt regulations establishing the types of facilities for the management of hazardous waste which must show financialfinancialypes of responsibility.

-EXPLANATION *AB40_R1* – 5Matter –in THEbolded PEOPLEitalics OFis THEnew; STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

matter between brackets [omitted material] is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

“Facility” means all portions of a mining operation, including, without limitation, the mine, waste rock piles, ore piles, - 83rd Session (2025) – 5 – process components for beneficiation, processed ore disposal sites, and all associated buildings and structures.

The term does not include any process component or non-process component that is not used for mining or mineral production and has not been used in theSec. past for mining or mineral production.

Sec.

constructed facility which is a point source.inct portion of a Sec.

7.

“Process component” means the distinct portion of a constructed facility which is a point source.

Sec.

If the Division has reasonable cause to believe, based on evidence satisfactory to the Division, that a holder of a permit is violating or is about to violate the provisions of NRS 519A.010 to 519A.280, inclusive, and sections 2 to 11, inclusive, of - *AB40_R1* – 6 – this act, or a regulation adopted or order issued pursuant thereto, or any term or condition of a permit issued pursuant to NRS 519A.180 or 519A.200 pertaining to the stabilization of process fluids, and that the violation will pose imminent danger to human health, public safety or the environment, the Division may, without prior hearing, issue an order against the holder of the permit, which:

- 83rd Session (2025) – 6 – (a) The provision of NRS 519A.010 to 519A.280, inclusive, and sections 2 to 11, inclusive, of this act or a regulation adopted or order issued pursuant thereto, or the term or condition of a permit issued pursuant to NRS 519A.180 or 519A.200 which the Divisionany reasonablyfacts believessupporting isthis beingbelief;eing or is about to be violated and any(b) factsThe supportingparts thisof belief;the permit that are being suspended, if only parts of the permit are suspended;

(b) The parts of the permit that are being suspended, if only parts of the permit are suspended;

Unless otherwise agreed upon by the holder of the permit and the Division, the Division shall hold a hearing not later than 10 business days after issuing the order.

Unless otherwise authorized in writing by the Division, the permit or parts thereof must remain suspended until the violation is corrected and any costs of the Division for the stabilization of the process fluids while the permit is suspended pursuant to subsection 1 are compensated from the bond or other surety required pursuant to NRS 519A.190 or 519A.210, as applicable, or otherwiseothSec. repaid to the Division.

Sec.

1.1.id toThe Division may lien all real and personal property, tangible and intangible, associated with a facility of a holder of a permit under NRS 519A.180 or 519A.200 for:

(a) The Divisioncosts mayincurred lienby allthe realDivision andpursuant personalto property,section tangible10 andof intangible,this associatedact withto astabilize facilityprocess offluids athat holderpose ofan aimminent permitdanger underto NRShuman 519A.180health, public safety or 519A.200the for:environment;

- *AB40_R1* – 7 – (a) The costs incurred by the Division pursuant to section 10 of this act to stabilize process fluids that pose an imminent danger to human health, public safety or the environment;

(b)- Not83rd laterSession than(2025) 30– days7 after– providing notice of intent to lien pursuant to paragraph (a), provide notice of the lien to the holder of the permit by certified or registered mail;

and (b) Not later than 90 days after the first day of any month in which the amount of the lien increases due to the accrual ofofth in unrecovered costs or a deficiency in a bond or other surety identified in a notice of noncompliance issued pursuant to NRS 519A.270.

A perfected lien held pursuant to this section has priority over all other liens and encumbrances that have an interest in the:

-all *AB40_R1*other –liens 8and – (a) Proceeds of a bond or other surety required by NRS 519A.190 or 519A.210;

- 83rd Session (2025) – 8 – 6.

(b) The holder of the permit resolves the deficiency in the bond or other surety identified in a notice of noncompliance issued bond pursuant to NRS 519A.270;

519A.020 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 519A.030 to 519A.130, inclusive, and sections 2 to 9, inclusive, of this act have the meanings ascribed to them in those sections.

Shape, stabilize, revegetate or otherwise treat the land in order to return it to a safe, stable condition consistent with the establishment of a productive postmining use of the land and the abandonment of a facility in a manner which ensures the public - *AB40_R1* – 9 – safety, as well as the encouragement of techniques which minimize the adverse visual effects [.] ;

519A.130 “Surety” means, but is not limited to, a trust fund, surety bonds that guarantee performance or payment into a trust fund- [,]83rd orSession an(2025) account– held9 by– or for the benefit of the Division, letters of credit, insurance [, corporate or other guarantees ofofn, performance,] or any combination of these or other forms of security approved by the Director of the State Department of Conservation and Natural Resources and used to ensure that reclamation will be completed.

519A.220 The Division shall develop a checklist to be completed by applicants for a permit to engage in a mining operation.

(i)will Thebe monitoringperformed andby maintenancethe operator;nce of the reclaimed land that (j) The reclamation that will be performednecessary byas thea operator;result of instream mining;

(j) The reclamation that will be necessary as a result of instream mining;

[and] - *AB40_R1* – 10 – (l) The effect of the reclamation on public safety [.] ;

- 83rd Session (2025) – 10 – 2.

Other information as requested by the Administrator which theactivities Administratorof determinesthe ismining pertinentoperation.tinent to the reclamation activitiesSec. of the mining operation.

Sec.

If an exception is granted, other than for a pit lake for which public access is provided in a plan for reclamation pursuant to subsection 3, the Division shall require the operator to take sufficient measures to ensure3.surExcept as otherwise provided in this subsection, for a pit lake that will have a predicted filled surface area of more than 200 acres, a plan for reclamation must provide, in consultation with the operator and each landowner, including any federal land manager, and, if feasible, for at least one point of public safety.nonmotorized access to the water level of the pit lake when the pit in which the pit lake is located reaches at least 90 percent of its predicted maximum capacity.

3.

Except as otherwise provided in this subsection, for a pit lake that will have a predicted filled surface area of more than 200 acres, a plan for reclamation must provide, in consultation with the operator and each landowner, including any federal land manager, and, if feasible, for at least one point of public nonmotorized access to the water level of the pit lake when the pit in which the pit lake is located reaches at least 90 percent of its predicted maximum capacity.

- *AB40_R1* – 11 – (b) Does not require any landowner, including any federal land manager, who is consulted pursuant to this subsection to agree to allow access to any pit lake;

and - 83rd Session (2025) – 11 – (c) Does not alter any contract or agreement entered into before October 1, 2013, between an operator and a landowner, including any federal land manager.

A protected person with respect to any premises for which public access to a pit lake is provided in a plan for reclamation pursuant to subsection 3 owes no duty to keep the premises,premises,mation including, without limitation, the access area and the pit lake and its surroundings, safe for entry or use by any other person for participation in any activity, or to give a warning of any hazardous condition, activity or use of the premises to any person entering the premises.

Reclamation activities must be economically and technologically practicable in achieving a safe and stable condition suitablesui8.bleAs forused thein usethis ofsection:. the land.

8.

As used in this section:

or - *AB40_R1*83rd Session (2025) – 12 – (4) Contractor, subcontractor, employee or agent of any such owner, operator, lessee or occupant.

If a mining operation or exploration project is conducted , in whole or in part, on land administered by a federal agency, [an approved] a federal plan of operations and a suretysuretyral approved by the federal agency that are consistent with the requirements of this chapter supersede , if wholly conducted on land administered by the federal agency, or substitute, if partly conducted on land administered by the federal agency, the requirements for a permit and bond or other surety otherwise required by this chapter [.

Nothing in this section affects the requirement [for] to obtain a permit set forth in NRS 519A.180 or 519A.200 or the requiredreqSec. payment of fees set forth in NRS 519A.160 or 519A.260.

Sec.

NRS 519A.270 is hereby amended to read as follows:follows:.

Set a date and time for a hearing and inform the person that the person’s permit may be suspended or revoked and the person’s bond- or83rd otherSession surety(2025) forfeited– upon13 completion– of the hearing or if the person fails to attend the hearing.hearing.pletion of the hearing or if Sec.

- *AB40_R1* – 13 – Sec.

Any money received by the Division pursuant to subsection 1 must be deposited with the State Treasurer for credit to the appropriate account of the Division.

3.Division may compel compliance with any provision of NRSchapter, the 519A.010 to 519A.280, inclusive, and sections 2 to 11, inclusive, of this act, or of any regulation adopted or permit or order issued pursuant to those sections, by injunction or other appropriate remedy.

In addition to any other remedy provided by this chapter, the Division may compel compliance with any provision of NRS 519A.010 to 519A.280, inclusive, and sections 2 to 11, inclusive, of this act, or of any regulation adopted or permit or order issued pursuant to those sections, by injunction or other appropriate remedy.

The State Environmental Commission may adopt regulations establishing activities that are related to a solid waste establish places that constitute solid waste management system.facilities because, as determined by the Commission, the activities performed at the place present a significant hazard to human health, public safety or the environment if solid waste at the place were to be managed improperly.

Such regulations may, without limitation, establish places that constitute solid waste management facilities because, as determined by the Commission, the activities performed at the place present a significant hazard to human health, public safety or the environment if solid waste at the place is managed improperly.

Sec.- 83rd Session (2025) – 14 – adopt regulations prescribing the requirements for an owner or operator of a municipal solid waste landfill or solid waste management facility that is engaged in an activity established by regulations adopted pursuant to section 23.5 of this act, to demonstrate that the owner or operator is financially responsible for the municipal solid waste landfill or solid waste management facility in accordance with subsection 4 of NRS 444.556.

24.

1.

The State Environmental Commission shall adopt regulations prescribing the requirements for an owner or operator of a municipal solid waste landfill or solid waste management facility to demonstrate that the owner or operator is - *AB40_R1* – 14 – financially responsible for the municipal solid waste landfill or solid waste management facility in accordance with subsection 4 of NRS 444.556.

(b) Evidence of security, in a form and amount which the State Department of Conservation and Natural Resources deems necessary, to ensure that at the time of any abandonment, cessation or interruption of the service provided by the municipal solid waste landfill or solid waste management facility, andandicipal thereafter, all appropriate measures will be taken to prevent damage to human health, public safety and the environment;

Requirements established pursuant to this section may not exceed those requirements for financial responsibility established pursuant to the Resource Conservation and Recovery Act of 1976, 42 U.S.C.

(a) Has filed a petition in bankruptcy, or is the object of an involuntaryinv(b) petition;Cannot respond in damages in the event a judgment is entered against the owner or operator;

(b) Cannot respond in damages in the event a judgment is entered against the owner or operator;

- 83rd Session (2025) – 15 – (a) The person might have asserted in any action against him or her by the owner or operator;

Sec.State Department of Conservation and Natural Resources or the the solid waste management authority may lien all real and personal property, tangible and intangible, associated with a municipal solid waste landfill or solid waste management facility of the owner or operator of a municipal solid waste landfill or solid waste management facility for:

25.(a) The costs incurred by the Division of Environmental Protection or solid waste management authority to reduce or eliminate an imminent threat to human health, public safety or the environment relating to the management of waste at a solid waste management facility, including, without limitation, a disposal site;

1.and (b) The amount of any deficiency in a security or other type of financial responsibility required in accordance with the regulations adopted pursuant to section 24 of this act or the Resource Conservation and Recovery Act of 1976, Subtitle D, §§ U.S.C.

The Division of Environmental Protection of the State Department of Conservation and Natural Resources or the solid waste management authority may lien all real and personal property, tangible and intangible, associated with a municipal - *AB40_R1* – 15 – solid waste landfill or solid waste management facility of the owner or operator of a municipal solid waste landfill or solid waste management facility for:

(a) The costs incurred by the Division of Environmental Protection or solid waste management authority to reduce or eliminate an imminent threat to human health, public safety or the environment relating to the management of hazardous waste at a municipal solid waste landfill or solid waste management facility of the owner or operator pursuant to subsection 1 of NRS 459.537;

and (b) The amount of any deficiency in a security or other type of financial responsibility required in accordance with the regulations adopted pursuant to section 24 of this act or the Resource Conservation and Recovery Act of 1976, Subtitle D, §§ 42 U.S.C.

(a) Provide notice of intent to lien to the owner or operator of facility by certified or registered mail;id waste management (b) Not later than 30 days after providing notice of intent to lien pursuant to paragraph (a), provide notice of the lien to the owner or operator of the municipal solid waste landfill or solid waste management facility by certified or registered mail;

(b) Not later than 30 days after providing notice of intent to lien pursuant to paragraph (a), provide notice of the lien to the owner or operator of the municipal solid waste landfill or solid waste management facility by certified or registered mail;

- 83rd Session (2025) – 16 – 3.

(a) Not later than 30 days after the amount of the lien decreases due to payment, reimbursement or any other partial lien satisfaction;

andandpayment, reimbursement or any other partial lien (b) Not later than 90 days after the first day of any month in which the amount of the lien increases due to the accrual of unrecovered costs or a deficiency in a security or other type of - *AB40_R1* – 16 – financial responsibility identified in an order issued pursuant to NRS 444.592.

(a) Proceeds of a security or other type of financial responsibility required in accordance with the requirements prescribed pursuant to section 24 of this act or the Resource Conservation and Recovery Act of 1976, Subtitle D, §§ 42 U.S.C.

6941 et seq., and any regulations adopted pursuant thereto;

- 83rd Session (2025) – 17 – (b) The owner or operator of the municipal solid waste landfill or solid waste management authority resolves the deficiency in the security or other type of financial responsibility identified in an order issued pursuant to NRS 444.592;

or (c)7.) TheAs soon as practicable but not more than 30 days after a lien is satisfied bypursuant saleto subsection 6, the Division of Environmental Protection or othersolid means.waste management authority shall file a notice of lien release:

7.

As soon as practicable but not more than 30 days after a lien is satisfied pursuant to subsection 6, the Division of Environmental Protection or solid waste management authority shall file a notice of lien release:

- *AB40_R1* – 17 – (b) If on personal property, in the Office of the Secretary of State.

Sec.444.450.

26.NAs used in NRS 444.440 to 444.620, inclusive, and sections 22 to 25, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 444.460 to 444.501, inclusive, and section 22 of this act have the meanings ascribed to them in those sections.

NRSSecs. 444.450 is hereby amended to read as follows:

444.45027 As used in NRS 444.440 to 444.620, inclusive, and sections28. 22 to 25, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 444.460 to 444.501, inclusive, and section 22 of this act have the meanings ascribed to them in those sections.

Sec.

27.

28.

(Deleted by amendment.) Sec.

The solid waste management authority shall, in accordance with the regulations of the State Environmental Commission adopted pursuant to NRS 444.560,444.560 [,] and section 24 of - 83rd Session (2025) – 18 – this act, issue permits to operate solid waste management facilities, including, without limitation, disposal sites.

A person shall not operate or authorize the operation of a solid waste management facility, including, without limitation, a dis(a) Holds a permit to operate the solid waste management facility, including without limitation, a disposal site , unlessissued by the operator:solid waste management authority;

(a) Holds a permit to operate the solid waste management facility, including without limitation, a disposal site , issued by the solid waste management authority;

3.

A solid waste management authority may:

(a) Obtain, and the owner or operator of a solid waste management facility, including, without limitation, a disposal site, shall deliver upon request, any information necessary to determine whether the owner or operator is or has been in compliance with the terms and conditions of the permit, the regulations of the State Environmental Commission, the applicable laws of this State and the provisions of the Resource Conservation and Recovery Act of 1976, Subtitle D, 42 U.S.C.

§§ 6941 et seq., and the regulations adopted pursuant thereto;

(b) Conduct monitoring or testing to ensure that the owner or operator is or has been in compliance with the terms and conditions of the permit;

and (c) Enter any site or premises subject to the permit, during normal business hours, at which records relevant to the solid waste management facility, including, without limitation, a disposal site, are kept in order to inspect those records.

444.556waste 1.landfill, the owner or operator of the municipal solid wasteid landfill shall obtain a permit issued by the solid waste management authority.

Before constructing or operating a municipal solid waste landfill, the owner or operator of the municipal solid waste - *AB40_R1* – 18 – landfill shall obtain a permit issued by the solid waste management authority.

- 83rd Session (2025) – 19 – 4.

(a) The requirements of the Resource Conservation and Recovery Act of 1976, Subtitle D, 42 U.S.C.

(a) Which has been approved by the Division of Environmental ProtectionhProtection ofaofrovthe the State DepartmentthDepartmentn of Conservation and Natural Resources;

and (b) Complies with NRS 519A.230 and the provisions of the Resource Conservation and Recovery Act of 1976, Subtitle D, - *AB40_R1* – 19 – 42 U.S.C.

(b)- Conduct83rd monitoringSession or(2025) testing– to20 ensure– that the owner or operator is or has been in compliance with the terms and conditions of the permit;

(a) Verify the accuracy of any information submitted by the owner or operator of the municipal solid waste landfill to the authority;aut(b) Verify the adequacy of sampling procedures and analytical methods used by the owner or operator of the municipal solid waste landfill;

(b) Verify the adequacy of sampling procedures and analytical methods used by the owner or operator of the municipal solid waste landfill;

The authority shall not oppose intervention on the ground that the applicant’s interest is adequately represented by the solidsolSec. waste management authority.

- *AB40_R1* – 20 – Sec.

- 83rd Session (2025) – 21 – [2.] (b) Accepting the recreational vehicle for disposal does not violate any applicable federal or state law or regulation relating to the operation of the municipal solid waste landfill.

A municipal solid waste landfill shall not accept hazardous wastewas3. from a very small quantity generator for disposal.

3.frAs used in this section, “very small quantity generator” has the meaning ascribed to it in 40 C.F.R.

As used in this section, “very small quantity generator” has the meaning ascribed to it in 40 C.F.R.

Within a reasonable time, as fixed by the State Environmental Commission, after the adoption of any regulation, no governing board of a municipality or person may operate or permitpermito an operation in violation of the regulation.

- *AB40_R1* – 21 – (b) Accept and administer loans and grants from any person that may be available for the planning, construction and operation of solid waste management systems.

(d)- Periodically83rd reviewSession the(2025) programs– of22 other– solid waste management authorities in the State for issuing permits pursuant to NRS 444.505, 444.553 and 444.556 and ensuring compliance with the terms and conditions of such permits, the regulations of the State Environmental Commission, the laws of this State and the provisions of the Resource Conservation and Recovery Act of 1976, 42 U.S.C.

This paragraph does not limit the authority or responsibility of a district board of health to issue permits for solid waste management facilities, including, without limitation, disposal sites , and enforce the laws of this StateStateut regarding solid waste management systems.

(c) Review any determination by the Director of the State Department of Conservation and Natural Resources that a program for issuing permits administered by a solid waste management authorityreverse isthe inadequate.findings of the Director.on may affirm, modify or 3.

TheEmployees Commissionof maythe affirm,State modifyDepartment of Conservation and Natural Resources or reverseits authorized representatives may, during the findingsnormal hours of operation of a facility subject to the Director.provisions of NRS 444.440 to 444.620, inclusive, and sections 22 to 25, inclusive, of this act, enter and inspect areas of the facility where:

3.(a) Solid waste may have been generated, stored, collected, transported, [treated] processed, recycled or disposed;

Employees of the State Department of Conservation and Natural Resources or its- authorized83rd representativesSession may,(2025) during– the23 normal hours of operation of a facility subject to the provisions of - *AB40_R1* – 22(b) –Records NRSare 444.440kept, toand 444.620,may inclusive,inspect and sectionscopy 22any torecords, 25,reports, inclusive,information ofor thistest act,results enterrelating andto inspectthe areasmanagement of the facilitysolid where:waste.

(a) Solid waste may have been [generated,] stored, collected, transported, [treated] processed, recycled or disposed;

or (b) Records are kept, and may inspect and copy any records, reports, information or test results relating to the management of the solid waste.

444.5801.4.5Any Exceptdistrict asboard otherwiseof providedhealth increated pursuant to NRS 444.559:439.362 or 439.370 and any governing body of a municipality may adopt standards and regulations for the location, design, construction, operation and maintenance of solid waste management facilities, solid waste disposal sites and solid waste management systems or any part thereof more restrictive than those adopted by the State Environmental Commission, and any district board of health may issue permits thereunder.

1.

Any district board of health created pursuant to NRS 439.362 or 439.370 and any governing body of a municipality may adopt standards and regulations for the location, design, construction, operation and maintenance of solid waste management facilities, solid waste disposal sites and solid waste management systems or any part thereof more restrictive than those adopted by the State Environmental Commission, and any district board of health may issue permits thereunder.

(b) Dispose of, abandon or dump a motor vehicle battery, motor vehicle tire or motor oil at a [sanitary] municipal solid waste landfill or other disposal site established by a municipality which has not been issued a permit for that purpose by the solid wastewastech has not management authority;

- *AB40_R1* – 23 – The plan must include the issuance of permits to approved sites or facilities for the disposal of those items by the public.

The plan may - 83rd Session (2025) – 24 – include education of the public regarding the necessity of disposing of these items properly and recycling them.

The State Department of Conservation and Natural Resources shall encourage the voluntary establishment of authorized sites which are open to the public for the deposit of used or waste motor vehicle batteries, motor vehicle tires and motor oil.oil.or waste 5.

5.

Issue an order directing the owner or operator of the solid waste management facility, including, without limitation, a disposal site or any other site where the [handling,] storage, [recycling,] collection, transportation, [treatment] processing, recycling or disposal has occurred or may occur, or any other person who has custody of the solid waste, to take such steps as are necessary to prevent the act or eliminate the practice which constitutes the threat or violation.

- *AB40_R1*83rd Session (2025) – 2425 – Sec.property, tangible and intangible, associated with a facility for the management of hazardous waste of the owner, operator or holder of a permit for:

35.

1.

The Department may lien all real and personal property, tangible and intangible, associated with a facility for the management of hazardous waste of the owner, operator or holder of a permit for:

(b) Not later than 30 days after providing notice of intent to lien pursuant to paragraph (a), provide notice of the lien to the owner, operator or holder of the permit by certified or registered mail;mai(c) File notice of the lien, which must set forth, without limitation, the amount of the lien:

and (c) File notice of the lien, which must set forth, without limitation, the amount of the lien:

and (b) Not later than 90 days after the first day of any month in which the amount of the lien increases due to the accrual of unrecovered costs or a deficiency in a security or other type of financial responsibility identified in an order issued pursuant to NRS 459.570.

or - 83rd Session (2025) – 26 – (b) The proceeds from the sale of the real or personal property associated with the facility after any previously perfected security interests or judgment liens are satisfied.

- *AB40_R1* – 25 – 5.

A security interest or judgment lien that is perfected before notice of the lien is filed pursuant to subsection 2 has priority over a lien perfected pursuant to this section.

A perfected lien heldheldy over pursuant to this section has priority over all other liens and encumbrances that have an interest in the:

(a) If on real property, in the office of the county recorder of thethe(b) countyIf whereon personal property, in the realOffice propertyof isthe located.Secretary of State.

(b) If on personal property, in the Office of the Secretary of State.

- 83rd Session (2025) – 27 – 1.

Establish a program for regulation of the [storage, generation, transportation, treatment and disposal] management of hazardous waste;

[and][and]tion, -treatment *AB40_R1*and –disposal] 26management –of 3.

459.432 “Household waste” means waste material, including, without limitation, garbage, trash and sanitary wastes in septic tanks that is generated by a household, including, without limitation, aaanks single-family or multiple-unit residence, hotel, motel, bunkhouse, ranger station, crew quarters, campground, picnic ground and day- use recreational area.

459.435 “Management of hazardous waste” means the systematic control of the generation, collection, storage, transportation,- recycling,83rd processing,Session treatment,(2025) recovery– [and]28 or– disposal of hazardous waste.waste.rocessing, treatment, recovery [and] or Sec.

Sec.

- *AB40_R1* – 27 – Sec.

459.450 “Storage” means the containment of hazardous waste, [temporarily or] for a temporary period of years,[years, [inin a manner which does not constitute disposal.] time, at the end of which the hazardous waste is transported, processed, treated, recovered, disposed of or stored elsewhere.

459.455 “Treatment” means [a] any method, technique or process, including neutralization, which is designed to change the physical, chemical or biological character or composition of hazardous waste so as to neutralize it or render it less hazardous, nonhazardous, safer for transportation, storage and disposal, amenable to recovery of resources of material or energy from it, or reduce its volume.

(a) Advise, consult and cooperate with other agencies of the State, other states, the Federal Government, municipalities and other persons on matters relating to formulation of plans for managing haz(b) Develop a plan for management of hazardous waste.waste in the entire State.

(b) Develop a plan for management of hazardous waste in the entire State.

- 83rd Session (2025) – 29 – Sec.

1.hazardous;t out mechanisms for determining whether any waste is 2.

Set out mechanisms for determining whether any waste is hazardous;

2.

Govern operation and maintenance of facilities for the [treatment, storage and disposal] management of hazardous waste, - *AB40_R1* – 28 – including the qualifications and requirements for ownership, continuity of operation, closure and care after closing;

and 8.factors relevant to the management of hazardous waste.ns and other Sec.

Take into account climatic and geologic variations and other factors relevant to the management of hazardous waste.

Sec.

and - 83rd Session (2025) – 30 – (b) Has made an application for a permit,  shall be deemed to have been issued a permit until his or her application has been acted upon, unless a delay in that action was caused by the person’s failure to furnish information which was reasonablyapplication.equested requested or required for the processing of the application.3.

3.

and - *AB40_R1* – 29 – (b) For the granting, renewal, modification, suspension, revocation and denial of such permits.

4.years.

Permits may be issued for any period of not more than 10 years.5.

5.

A permit may not be granted, renewed or modified for a facility for the disposal of hazardous waste that proposes to construct or operate a landfill unless the Director determines that the landfill is or will be constructed to include at least one liner and a - 83rd Session (2025) – 31 – leachate collection and removal system designed to prevent the migration of waste or leachate to the adjacent subsurface soils, groundwater and surface water.

(a) “Landfill” means a disposal facility or part of a facility where hazardous waste is placed in or on land and which is not aay pile, a land-treatment facility, a surface impoundment, an underground-injection well, a salt-dome formation, a salt-bed formation, an underground mine or a cave.

(c) “Leachate collection and removal system” means a layer of granular or synthetic materials installed above a liner and operated - *AB40_R1* – 30 – in conjunction with drains, pipes, sumps and pumps or other means designed to collect and remove leachate from a landfill.

(a) Establishing the types of facilities for the management of hazardous waste for which the owner or operator of [any] a facility for the [treatment, storage or disposal] management of hazardous waste must show his or her financial responsibility for thetherdous undertaking [by providing:] ;

2.- 83rd Session (2025) – 32 – exceed those requirements for financial responsibility established pursuant to the Resource Conservation and Recovery Act of 1976, U.S.C.

Requirements established pursuant to this section may not exceed those requirements for financial responsibility established pursuant to the Resource Conservation and Recovery Act of 1976, 42 U.S.C.

- *AB40_R1* – 31 – 4.

If a claim is asserted directly against a person providing evidence of financial responsibility, that person may assert any right or defense(a) which:The person might have asserted in any action against him or her by the owner or operator;

(a) The person might have asserted in any action against him or her by the owner or operator;

(b) Coordinating the efforts of state, local and federal agencies respondingres(c) toManaging the cleaning and decontamination of an area for the [disposal] management of hazardous waste or the site of the leak, spill, accident or crash;

(c) Managing the cleaning and decontamination of an area for the [disposal] management of hazardous waste or the site of the leak, spill, accident or crash;

or (e)- Services83rd renderedSession in(2025) responding– to33 the– leak, spill, accident or crash, by consultants certified pursuant to regulations adopted by the Commission.

At the request of the Director, the Attorney General shall initiate recovery by legal action of the amount of any unpaid reimbursement plus interest at a rate determined pursuant to NRS 17.130 computed from the date of the incident.incident.ed pursuant to NRS 4.

- *AB40_R1* – 32 – 4.

or (5) Does not act immediately to clean and decontaminate the affected area properly, if his or her inaction presents an imminent andenvironment.ial substantial hazard to human health, public safety or the environment.(b) “Responding” means any efforts to mitigate, attempt to mitigate or assist in the mitigation of the effects of a leak or spill of or an accident or motor vehicle crash involving hazardous waste, hazardous material or a regulated substance, including, without limitation, efforts to:

(b) “Responding” means any efforts to mitigate, attempt to mitigate or assist in the mitigation of the effects of a leak or spill of or an accident or motor vehicle crash involving hazardous waste, hazardous material or a regulated substance, including, without limitation, efforts to:

(2)- Clean83rd andSession decontaminate(2025) – 34 – spill, accident or crash.taminate the area affected by the leak, (3) Investigate the occurrence of the leak, spill, accident or crash.

(3) Investigate the occurrence of the leak, spill, accident or crash.

and (b) Compliance with the regulations would produce serious hardship without equal or greater benefits to the environment or public.pub2.

2.

- *AB40_R1* – 33 – (b) Other owners of property likely to be affected by the emissions or discharge;

The Commission shall not grant a variance from its applicable regulations that would allow a facility for the disposal of hazardous waste to construct or operate a landfill in a manner that fails to comply with the requirements of subsection 7 of NRSNRSSec. 459.520.

Sec.

- 83rd Session (2025) – 35 – 2.

Sec.

51.5.

NRS 459.558 is hereby amended to read as follows:

The provisions of NRS 459.560 and 459.565 thatthatlows: concern hazardous substances do not apply:

concern hazardous substances do not apply:

Enter any place where waste or a substance which the Department has reason to believe may be hazardous waste or a - *AB40_R1* – 34 – hazardous substance is or may have been [generated, stored, transported, treated, disposed of] managed or otherwise handled;

Inspect and obtain samples of any waste or substance which the Department has reason to believe may be hazardous waste or a hazardous substance, including samples from any vehicle in which waste or substance is being transported, and samples of containers and labels;

If the Department receives information that the [handling, storage, transportation, treatment or disposal] the management of any waste or hazardous substance may present an imminent and substantial hazard to human health, public safety or the environment, it may:

(a) Issue an order directing the owner or operator of the facility for [treatment, storage or disposal] the management of the waste or the owner or operator of any site where the [treatment, storage or disposal] management of a hazardous substance has occurred or may- occur83rd orSession any(2025) other– person36 who– has custody of the waste or hazardous substance to take necessary steps to prevent the act or eliminate the practice which constitutes the hazard.

The Department may perform inspections pursuant to NRS 459.560 and issue an order directing the owner or operator of the facility for [treatment, storage or disposal] the management of waste or the owner or operator of any site where the [treatment, storage or disposal] management of a hazardous substance hashasent, occurred or may occur or any other person who has custody of the waste or hazardous substance to take any necessary steps to prevent any act or eliminate any practice or effect which could constitute a hazard to human health, public safety or the environment.

- *AB40_R1* – 35 – Sec.

2.Nevada, actual damages which result from a violation, in addition to the civil penalty provided in this section.

The Department may recover, in the name of the State of Nevada, actual damages which result from a violation, in addition to the civil penalty provided in this section.

In addition to any other remedy provided by this chapter, the Department may compel compliance with any provision of NRS 459.400 to 459.560, inclusive, and section 34 of this act, - 83rd Session (2025) – 37 – NRS 459.590 or of any regulation adopted or permit or order issued pursuant to those sections, by injunction or other appropriate remedy.

Sec.459.590.5.

54.5.It is unlawful for any person to transport hazardous waste:

NRS 459.590 is hereby amended to read as follows:

459.590 It is unlawful for any person to transport hazardous waste:

H~~~~~ 25 - *AB40_R1*83rd Session (2025)