459.565 - Action to prevent practice or act which constitutes hazard to human health, public safety or environment. - Nevada Statutes

459.565  Action to prevent practice or act which constitutes hazard to human health, public safety or environment.

      1.  If the Department receives information that the handling, storage, transportation, treatment or disposal 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 of the waste or the owner or operator of any site where the treatment, storage or disposal of a hazardous substance has occurred or may occur or any other person 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.

      (b) Order a site assessment to be conducted and a remediation plan to be developed pursuant to regulations adopted by the Commission.

      (c) Assess costs and expenses incurred by the Department in carrying out the provisions of this section or in removing, correcting or terminating any hazard to human health, public safety or the environment pursuant to regulations adopted by the Commission.

      (d) Request that the Attorney General commence an action to enjoin the practices or acts which constitute the hazard.

      (e) Take any other action designed to reduce or eliminate the hazard.

      2.  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 of waste or the owner or operator of any site where the treatment, storage or disposal of a hazardous substance has 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.

      (Added to NRS by 1981, 885; A 1991, 858)