As used in NRS 445C.010 to 445C.120, inclusive, unless the context otherwise requires, the words and terms defined in NRS 445C.020 to 445C.060, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 1997, 1074; A 2015, 3607)
“Environmental audit” means an examination of the materials or practices at a regulated facility that is conducted by a regulated person or an agent of a regulated person and that is specifically designed to: 1. Produce systematic, documented and objective results; 2. Identify and prevent noncompliance with any environmental requirement; and 3. Improve compliance with […]
“Environmental requirement” means a requirement contained in NRS 444.440 to 444.645, inclusive, 445A.300 to 445A.730, inclusive, 445B.100 to 445B.640, inclusive, 459.400 to 459.600, inclusive, 459.700 to 459.856, inclusive, or 519A.010 to 519A.280, inclusive, or in a regulation adopted pursuant to any of those sections. (Added to NRS by 1997, 1074; A 2007, 1910; 2009, 1085)
“Regulated facility” means an area, building, tank or other facility that is subject to an environmental requirement. (Added to NRS by 1997, 1074)
“Regulated person” means the owner or operator of a regulated facility. (Added to NRS by 1997, 1075)
“Regulatory agency” means: 1. The State Environmental Commission; 2. The State Department of Conservation and Natural Resources or the Division of Environmental Protection of that Department; 3. A district board of health acting as a solid waste management authority pursuant to NRS 444.440 to 444.620, inclusive; or 4. A district board of health, county board […]
1. Except as otherwise provided in subsection 3, a court that is determining the appropriate criminal penalty to impose against a regulated person who is convicted for a violation of an environmental requirement shall consider, in mitigation of the penalty, whether: (a) An environmental audit was conducted pursuant to a written agreement with the appropriate […]
1. Except as otherwise provided in NRS 445C.090, a regulated person is presumed not to be liable for an administrative or civil penalty for a violation of an environmental requirement if: (a) The regulated person conducted an environmental audit pursuant to a written agreement with the appropriate regulatory agency and the agreement prescribed the: (1) […]
The presumption against administrative or civil liability set forth in NRS 445C.080 is rebutted to the extent it is established that: 1. The violation of an environmental requirement was committed willfully or with gross negligence by the regulated person; 2. The regulated person identified and disclosed the violation of an environmental requirement in an environmental […]
In an administrative or civil proceeding for a violation of an environmental requirement: 1. A regulated person who claims to have made a voluntary examination and disclosure pursuant to an audit agreement has the burden of establishing prima facie that the disclosure met the requirements of subsection 1 of NRS 445C.080. 2. A regulatory agency […]
1. Except as otherwise provided in this section, an environmental audit conducted pursuant to the provisions of NRS 445C.010 to 445C.120, inclusive, shall be deemed privileged and is not admissible in an administrative proceeding or civil action against the regulated person who conducted the audit or the regulated facility which is owned or operated by […]
1. A regulatory agency may adopt regulations to carry out the provisions of NRS 445C.010 to 445C.120, inclusive. 2. The fact that a regulated person does not conduct an environmental audit pursuant to the provisions of NRS 445C.010 to 445C.120, inclusive, must not be considered by a court or administrative hearing officer in determining whether […]
