As used in NRS 459.790 to 459.796, inclusive, unless the context otherwise requires, “hazardous material” has the meaning ascribed to it in NRS 459.7024, and includes any other substance which is regulated pursuant to this chapter. (Added to NRS by 1993, 823; A 1999, 3353)
1. The State Emergency Response Commission, each local emergency planning committee appointed by the Commission, and their respective members are immune from liability for the death of or injury to persons, and for injury to property, resulting from the performance of their functions under this chapter and under 42 U.S.C. §§ 11001 et seq. 2. […]
The immunity provided by subsection 2 of NRS 459.792 does not apply to: 1. Damages resulting from the person’s gross negligence or the person’s intentional, reckless or wanton misconduct; 2. A person: (a) Whose act or failure to act was a cause of the discharge; or (b) Who receives compensation other than: (1) Reimbursement for […]
A person is entitled to immunity under subsection 2 of NRS 459.792 only if: 1. In the case of one furnishing advice or assistance, the person is qualified by training, education or experience in the handling of hazardous materials and provides advice or assistance within the area of his or her qualifications; and 2. The […]
