459.537 - Account for Management of Hazardous Waste: Payment of costs of responding to leak, spill or accident; reimbursement; action by Attorney General. - Nevada Statutes

459.537  Account for Management of Hazardous Waste: Payment of costs of responding to leak, spill or accident; reimbursement; action by Attorney General.

      1.  If the person responsible for a leak or spill of or an accident involving hazardous waste, hazardous material or a regulated substance does not act promptly and appropriately to clean and decontaminate the affected area properly, and if his or her inaction presents an imminent and substantial hazard to human health, public safety or the environment, money from the Account for the Management of Hazardous Waste may be expended to pay the costs of:

      (a) Responding to the leak, spill or accident;

      (b) Coordinating the efforts of state, local and federal agencies responding to the leak, spill or accident;

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

      (d) Removing or contracting for the removal of hazardous waste, hazardous material or a regulated substance which presents an imminent danger to human health, public safety or the environment; or

      (e) Services rendered in responding to the leak, spill or accident, by consultants certified pursuant to regulations adopted by the Commission.

      2.  Except as otherwise provided in this subsection or NRS 459.610 to 459.658, inclusive, the Director shall demand reimbursement of the Account for money expended pursuant to subsection 1 from any person who is responsible for the accident, leak or spill, or who owns or controls the hazardous waste, hazardous material or a regulated substance, or the area used for the disposal of the waste, material or substance. Payment of the reimbursement is due within 60 days after the person receives notice from the Director of the amount due. The provisions of this section do not apply to a spill or leak of or an accident involving natural gas or liquefied petroleum gas while it is under the responsibility of a public utility.

      3.  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.

      4.  As used in this section:

      (a) “Does not act promptly and appropriately” means that the person:

             (1) Cannot be notified of the incident within 2 hours after the initial attempt to contact the person;

             (2) Does not, within 2 hours after receiving notification of the incident, make an oral or written commitment to clean and decontaminate the affected area properly;

             (3) Does not act upon the commitment within 24 hours after making it;

             (4) Does not clean and decontaminate the affected area properly; or

             (5) Does not act immediately to clean and decontaminate the affected area properly, if his or her inaction presents an imminent and 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 involving hazardous waste, hazardous material or a regulated substance, including, without limitation, efforts to:

             (1) Contain and dispose of the hazardous waste, hazardous material or regulated substance.

             (2) Clean and decontaminate the area affected by the leak, spill or accident.

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

      (Added to NRS by 1993, 837; A 1999, 2695)