As used in NRS 459.610 to 459.658, inclusive, unless the context otherwise requires, the words and terms defined in NRS 459.612 to 459.630, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 1999, 2689)
“Administrator” means the Administrator of the Division. (Added to NRS by 1999, 2689)
“Commission” means the State Environmental Commission. (Added to NRS by 1999, 2689)
“Division” means the Division of Environmental Protection of the State Department of Conservation and Natural Resources. (Added to NRS by 1999, 2689)
“Eligible property” means real property located in this State that: 1. Except as otherwise provided in NRS 459.632, is not: (a) Listed, proposed for listing or eligible for listing on the National Priorities List contained in Appendix B of Part 300 of Title 40 of the Code of Federal Regulations; and (b) Owned, managed or […]
“Hazardous substance” means a substance or combination of substances whose presence gives rise to liability or potential liability on the part of an owner or operator pursuant to NRS 459.537 or 42 U.S.C. § 9607(a). (Added to NRS by 1999, 2689)
“Participant” means a person whose application to participate in the program has been approved by the Administrator. (Added to NRS by 1999, 2689)
“Program” means voluntary cleanup and relief from liability pursuant to NRS 459.610 to 459.658, inclusive. (Added to NRS by 1999, 2689)
“Prospective purchaser” means a person who is not a responsible party and who has entered into a contract, or holds an option, to purchase an eligible property for its fair market value in a transaction at arm’s length. (Added to NRS by 1999, 2689)
“Remedial agreement” means an agreement between a participant and the Division specifying the action to be taken to remove or remedy hazardous substances present on an eligible property. (Added to NRS by 1999, 2690)
“Responsible party” means: 1. A current or former owner or operator of a site or facility who caused or contributed to the release of a hazardous substance at the site or facility; and 2. A generator or transporter of a hazardous substance who caused or contributed to the release of the hazardous substance at a […]
Real property located in this State that is listed, proposed for listing or eligible for listing on the National Priorities List contained in Appendix B of Part 300 of Title 40 of the Code of Federal Regulations or that is owned, managed or controlled by a person or governmental entity subject to a pending investigation […]
1. A responsible party with respect to an eligible property, or a prospective purchaser of an eligible property may apply to participate in the program. The application must be made to the Administrator in writing and must include: (a) An environmental assessment of the property, including the source, nature and location of all hazardous substances […]
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 […]
1. After a participant has completed the action specified in his or her remedial agreement for the removal or remediation of hazardous substances, the participant shall certify to the Administrator that the action has been completed according to the agreement. After the Administrator has verified the certification, the Administrator shall issue the participant a certificate […]
1. Except as otherwise provided in NRS 459.642, the holder of a certificate of completion issued by the Administrator is not a responsible party with respect to a release of a hazardous substance occurring on the property to which the certificate relates before the certificate was issued. The State may not maintain an action pursuant […]
The holder of a certificate of completion is not released from liability: 1. If the holder obtained approval of his or her application, approval of his or her remedial agreement or issuance of the certificate by means of fraud, misrepresentation or a knowing failure to disclose material information; 2. If the existence of the hazardous […]
1. The relief from liability provided by NRS 459.640 extends to another person who: (a) Purchases or leases the property to which the certificate of completion relates; or (b) Acquires, merges with or purchases substantially all of the assets of the holder of the certificate, after the certificate is issued, if the other person is […]
1. A person who, without participating in the management of a parcel of real property, holds or is the beneficiary of evidence of title to the property primarily to protect a security interest in the property is not a responsible party with respect to a release of a hazardous substance on the property if: (a) […]
A prospective purchaser is not a responsible party solely as the result of: 1. Conducting an environmental assessment of real property; 2. Contracting to purchase, or acquiring an option to purchase, real property; 3. Applying to participate in a program; or 4. Conducting or supervising removal or remediation of a hazardous substance or substances, while […]
