Revises various provisions relating to environmental hazards. (BDR 46-265)

- 83rd Session (2025)
Assembly Bill No. 40–Committee on Natural Resources

CHAPTER..........

AN ACT relating to environmental hazards; authorizing the
Division of Environmental Protection of the State
Department of Conservation and Natural Resources to issue
an order for certain violations relating to mining reclamation;
providing the Division, solid waste management authority
and Department with a lien on certain property under certain
circumstances; r evising provisions governing mining
reclamation to include the stabilization of process fluids;
revising certain requirements for a permit to engage in a
mining operation or exploration project; authorizing the State
Environmental Commission to adopt regul ations relating to
solid waste management facilities; requiring the Commission
to adopt regulations relating to the requirements for the
owner or operator of a municipal solid waste landfill or solid
waste management facility to provide certain evidence of
financial responsibility; requiring a permit to construct or
operate a solid waste management facility; making
requirements for disposal sites applicable to solid waste
management facilities ; prohibiting a municipal solid waste
landfill from accepting cer tain types of hazardous waste;
revising provisions relating to the management of hazardous
waste; revising requirements governing a permit to operate a
facility for the management of hazardous waste; revising
requirements relating to evidence of financial responsibility
provided by an owner or operator of certain facilities for the
management of hazardous waste; revising certain
prohibitions relating to hazardous waste; providing penalties;
and providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law establishes provisions governing the reclamation of land subject to
mining operations or exploration projects. (Chapter 519A of NRS) Section 13 of
this bill revises the definition of the term “reclamation” to include actions
performed during or after an exploration project or mining operation to stabilize
process fluids. Sections 2-9 of this bill define certain terms relating to reclamation.
Section 14 of this bill revises the definition of the term “surety” to include an
account held by or for the benefit of the Division of Environmental Protection of
the State Department of Conservation and Natural Resources.
Section 10 of this bill authorizes the Division to issue an order if the Division
has reasonable cause to believe th at a holder of a permit is violating or is about to
violate certain provisions of existing law relating to the reclamation of land.
Section 11 of this bill provides that the Division may lien all real and personal
property associated with a facility of a holder of a permit for an exploration project
or mining operation.

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Section 12 of this bill applies the definitions in existing law and sections 2-9
governing reclamation to the provisions of sections 10 and 11.
Section 15 of this bill authorizes certa in fees collected by the Division that are
used to administer the provisions of existing law relating to reclamation to also be
used to administer the provisions of sections 2-11.
Existing law requires an applicant for a permit to engage in a mining opera tion
to, amongst other requirements, complete a checklist developed by the Division and
file a plan for reclamation with the application. (NRS 519A.210, 519A.220)
Section 16 of this bill requires that the information requested by the checklist
include a ma nual for the operation and maintenance of the fluid management
system for the mining operation. Section 17 of this bill requires a plan for
reclamation to provide for the stabilization of process fluids.
Existing law provides that if an exploration proje ct or a mining operation is
conducted on: (1) land administered by a federal agency, an approved federal plan
of operations and surety that are consistent with certain requirements supersede
certain requirements for a permit and bond or other surety; or (2 ) both public land
and privately owned land, compliance with the approved federal plan of operations
is sufficient if that plan substantially provides for the reclamation and bond or other
surety required by existing law. (NRS 519A.240) Section 18 of this bill provides
that a federal plan of operations and surety approved by a federal agency for an
exploration project or a mining operation supersede, if wholly conducted on land
administered by a federal agency , or substitute, if partly conducted on land
administered by a federal agency, requirements in state law for a permit and bond
or other surety if the applicant: (1) submits to the Division the federal plan of
operations and an estimate of the costs of reclamation; a nd (2) remedies any
inconsistencies id entified by the Division between the federal plan of operations
and the requirements of state law.
Sections 19 and 20 of this bill apply certain disciplinary actions and criminal
penalties to the provisions of sections 2-11.
Existing law requires the governing body of every municipality or district board
of health of a health district to develop a plan to provide for a solid waste
management system which provides for the management and disposal of solid
waste. (NRS 444.510) Ex isting law defines the term “solid waste management
system” as the entire process of storage, collection, transportation, processing,
recycling and disposal of solid waste. (NRS 444.500) Section 28.3 of this bill
revises the definition of “solid waste mana gement system” to mean the entire
process of storage, collection, transportation, processing, recycling or disposal of
solid waste.
Existing law requires a solid waste management authority to issue permits to
operate disposal sites. (NRS 444.553) Section 28.7 of this bill requires a solid
waste management authority to also issue permits to operate solid waste
management facilities. Section 28 .7 also authorizes a solid waste management
authority to take certain action s to determine whether the owner or ope rator of a
solid waste management facility is in compliance with certain requirements.
Section 32.1 of this bill requires the State Environmental Commission to adopt
regulations concerning standards for the issuance, renewal, modification,
suspension, revocation and denial of, and for the imposition of terms and conditions
for, a permit to construct or operate a solid waste management facility. Sections
32.1-32.4 and 32.8 of this bill make certain provisions of existing law relating to
disposal sites applicable to solid waste management facilities.
Section 22 of this bill defines the term “solid waste management facility” to
mean any place that engages in any activity related to a solid waste management
system. Section 23.5 of this bill authorizes the Stat e Environmental Commission to
adopt regulations establishing activities that are related to a solid waste

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management system and the places which constitute a solid waste management
facility based on the activities performed at the place.
Existing law req uires the owner or operator of a municipal solid waste landfill
to obtain a permit from a solid waste management authority before constructing or
operating the municipal solid waste landfill. The permit must be conditioned upon
all requirements necessary t o ensure compliance with certain federal laws
governing solid waste, including financial requirements for the owners and
operators of municipal solid waste landfills. (NRS 444.465, 444.556) Section 30 of
this bill revises certain references to the term “municipal solid waste landfill.”
Section 32.6 of this bill revises a reference to a sanitary landfill with a reference to
a municipal solid waste landfill. Section 32 of this bill prohibits a municipal solid
waste la ndfill from accepting hazardous waste from a very small quantity
generator.
Section 24 of this bill requires the Commission to adopt regulations prescribing
the requirements for an owner or operator of a municipal solid waste landfill or
solid waste manag ement facility engaged in certain activities to demonstrate
financial responsibility.
Section 29 of this bill provides that certain requirements for a permit relating to
standards of care and financial responsibility may be satisfied by a plan for
reclamation under certain circumstances.
Section 25 of this bill provides that the Division or solid waste management
authority may lien all real and personal property associated with a municipal solid
waste landfill or solid waste management facility of an owne r or operator of the
municipal solid waste landfill or solid waste management facility.
Section 26 of this bill applies the definitions in existing law and section 22
governing the collection and disposal of solid waste to the provisions of
sections 22-25.
Existing law establishes provisions governing the disposal of hazardous waste
through the management of hazardous waste, which is defined as the systematic
control of the generation, collection, storage, transportation, processing, treatment,
recovery and disposal of hazardous waste. (NRS 459.400 -459.600) Section 39 of
this bill revises: (1) the definition of the management of hazardous waste to mean
the system atic control of the generation, collection, storage, transportation,
recycling, processing, treatment, recovery or disposal of hazardous waste; and as a
result: (2) expands the applicability of these requirements governing hazardous
waste to include recycling as a method for the disposal of hazardous waste and any
systematic control of the generat ion, collection, storage, transportation, recycling,
processing, treatment, recovery or disposal of hazardous waste.
Sections 36, 40, 44, 46-51, 52 and 53 of this bill remove references to specific
activities constituting the management of hazardous waste. Sections 37.5, 38.5 and
40-41 of this bill revise certain definitions relating to the disposal of hazardous
waste.
Sections 46, 53 and 54 of this bill apply certain existing criminal and civil
penalties and disciplinary actions to the management of hazardous waste.
Section 34 of this bill defines the term “recycling” to mean the processing of
hazardous waste to recover materials or produce a usable product. Section 36
establishes that an additional purpose of the provisions of existing law governing
the disposal of hazardous waste includes conserving resources of material and
energy through the recycling or recovery of hazardous waste.
Section 35 of this bill provides that the Department may lien all real and
personal property associated with a facility for the management of hazardous waste
of the owner, operator or holder of a permit of the facility.
Section 37 of this bill applies the definitions in existing law and section 34
governing the disposal of hazardous waste to the provisions of sections 34 and 35.

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Existing law requires the Commission , through the Department , to develop a
program to encourage the minimization of hazardous waste and the recycling or
reuse of hazardous waste. (NRS 459.485) Section 43 of this bill removes the
requirement that the program include the reuse of hazardous waste.
Existing law prohibits a person from constructing, substantially altering or
operating a facility for the treatment, storage or disposal of hazardous waste or
treating, storing or disposing o f hazardous waste unless the person has first
obtained a permit from the Department. (NRS 459.515) Section 46 provides that
the person must only obtain a permit if the Commission has required by regulation
that type of facility to obtain a permit. Section 47 requires the Commission to adopt
regulations establishing the types of facilities for the management of hazardous
waste which must obtain a permit.
Existing law requires the Commission to adopt regulations requiring the owner
or operator of any facili ty for the treatment, storage or disposal of hazardous waste
to show his or her financial responsibility for the undertaking. (NRS 459.525)
Section 48 requires the Commission to adopt regulations establishing the types of
facilities for the management of h azardous waste which must show financial
responsibility.
Existing law provides that certain provisions of existing law authorizing any
authorized representative or employee of the Commission or Department to
conduct certain inspections relating to hazard ous substances and authorizing the
Department to issue certain orders relating to hazardous substances do not apply in
a county whose population is less than 55,000 (currently all counties except Clark
County, Washoe County, Lyon County and Carson City). (NRS 459.558) Section
51.5 of this bill removes this exemption.
Existing law prohibits a person from transporting hazardous waste to a facility
that has not been issued a permit to treat, store or dispose of hazardous waste. (NRS
459.590) Section 54.5 of this bill instead prohibits a person from transporting
hazardous waste to a facility that has not been authorized to accept hazardous waste
in accordance with certain regulations adopted by the Commission.

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 519A of NRS is hereby amended by
adding thereto the provisions set forth as sections 2 to 11, inclusive,
of this act.
Sec. 2. “Beneficiation” means the dressing or processing of
ores to:
1. Regulate the size of a desired product;
2. Remove unwanted constituents; and
3. Improve the quality, purity or assay grade of a desired
product.
Sec. 3. “Discharge” has the meaning ascribed to it in
NRS 445A.345.
Sec. 4. “Facility” means all portions of a mining operation,
including, without limitation, the mine, waste rock piles, ore piles,

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process components for beneficiation, processed ore disposal sites,
and all associated buildings and structures. The term does not
include any process component or non -process component that is
not used for mining or mineral production and has not been used
in the past for mining or mineral production.
Sec. 5. “Fluid management system” means the portion of a
facility constructed to contain or transport process fluids.
Sec. 6. “Point source” means any discernible, confined and
discrete conveyance from which pollutants are or may be
discharged, including, without limitation, any pipe, ditch, channel,
conduit, well, discrete fissure, container, rolling stock,
concentrated animal feeding operation, wheeled, track, stationary
or floating equipment used for earth -moving activities or vessel or
other floating craft. The term does not include return flows from
irrigated agriculture.
Sec. 7. “Process component” means the distinct portion of a
constructed facility which is a point source.
Sec. 8. “Process fluid” means any liquid, including, without
limitation, meteoric waters, which are intentionally or
unintentionally introduced into any part of a process component
for beneficiation.
Sec. 9. “Stabilize” means the condition in which a
contaminant in a material or process fluid is bound, contained or
treated so that the contaminant does not exhibit a potential to
adversely impact human health, public safety or the environment.
Sec. 10. 1. If the Division has reasonable cause to believe,
based on evidence satisfactory to the Division, that a holder of a
permit is violating or is about to violate the provisions of NRS
519A.010 to 519A.280, inclusive, and sections 2 to 11, inclusive, of
this act, or a regulation adopted or order issued pursuant thereto,
or any term or condition of a permit issued pursuant to NRS
519A.180 or 519A.200 pertaining to the stabilization of process
fluids, and that the violation will pose imminent danger to human
health, public safety or the environment, the Division may, without
prior hearing, issue an order against the holder of the permit,
which:
(a) Temporarily suspends all or part of the permit issued under
NRS 519A.180 or 519A.200;
(b) Requires the holder of the permit to ensure all equipment
necessary to stabilize process fluids remain at the facility; and
(c) Authorizes the Division to enter the facility and stabilize the
process fluids at the facility.
2. The order issued pursuant to subsection 1 must specify:

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(a) The provision of NRS 519A.010 to 519A.280, inclusive,
and sections 2 to 11, inclusive, of this act or a regulation adopted
or order issued pursuant thereto, or the term or condition of a
permit issued pursuant to NRS 519A.180 or 519A.200 which the
Division reasonably believes is being or is about to be violated and
any facts supporting this belief;
(b) The p arts of the permit that are being suspended, if only
parts of the permit are suspended; and
(c) The actions the holder of the permit must take to correct
the violation.
3. An order issued by the Division pursuant to this section is
effective immediately and remains in effect until the Division
issues a decision pursuant to subsection 5.
4. The Division shall serve an order issued pursuant to
subsection 1 personally or by mail with delivery on the next
business day to the holder of the permit at his or her address as
shown on the records of the Division.
5. Unless otherwise agre ed upon by the holder of the permit
and the Division, the Division shall hold a hearing not later than
10 business days after issuing the order. The Division shall issue a
decision not later than 5 business days after the hearing.
6. Unless otherwise authorized in writing by the Division, the
permit or parts thereof must remain suspended until the violation
is corrected and any costs of the Division for the stabilization of
the process fluids while the permit is suspended pursuant to
subsection 1 are comp ensated from the bond or other surety
required pursuant to NRS 519A.190 or 519A.210, as applicable, or
otherwise repaid to the Division.
Sec. 11. 1. The Division may lien all real and personal
property, tangible and intangible, associated with a facility of a
holder of a permit under NRS 519A.180 or 519A.200 for:
(a) The costs incurred by the Division pursuant to section 10
of this act to stabilize process fluids that pose an imminent danger
to human health, public safety or the environment; and
(b) The amount of any deficiency in a bond or surety required
by NRS 519A.190 or 519A.210 and identified in a notice of
noncompliance issued pursuant to NRS 519A.270.
2. To perfect a lien held pursuant to subsection 1, the
Division shall:
(a) Provide notice of intent to lien to the holder of the permit
by certified or registered mail;

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(b) Not later than 30 days after providing notice of intent to
lien pursuant to paragraph (a), provide notice of the lien to the
holder of the permit by certified or registered mail; and
(c) File notice of the lien , which must set forth, without
limitation, the amount of the lien:
(1) If on real property, in the office of the county recorder
of the county where the real property is located.
(2) If on personal property, in the Office of the Secretary of
State. If the notice i s filed in the Office of the Secretary of State,
the notice must be marked, held and indexed in accordance with
the provisions of NRS 104.9519 as if the notice were a financing
statement within the meaning of the Uniform Commercial Code.
3. The Division shall file an amended notice of the lien which
must set forth, without limitation, the amount of the lien:
(a) Not later than 30 days after the amount of the lien
decreases due to payment, reimbursement or any other partial lien
satisfaction; and
(b) Not later than 90 days after the first day of any month in
which the amount of the lien increases due to the accrual of
unrecovered costs or a deficiency in a bond or other surety
identified in a notice of noncompliance issued pursuant to
NRS 519A.270.
4. The amount of the lien held pursuant to subsection 1 must
not exceed:
(a) The costs of the Division for reclamation and any
deficiency in a bond or other surety; or
(b) The proceeds from the sale of the real or personal property
associated with the facility of the holder of the permit after any
previously perfected security interests or judgment liens are
satisfied.
5. A security interest or judgment lien that is perfected before
notice of the lien is filed pursuant to subsection 2 has priority over
a lien perfected pursuant to this section. A perfected lien held
pursuant to this section has priority over all other liens and
encumbrances that have an interest in the:
(a) Proceeds of a bond or other surety required by NRS
519A.190 or 519A.210; or
(b) Increase in the fair market value of the real or personal
property associated with the facility that is attributable to
reclamation performed by the Division , which must be measured
at the time of the sale or other disposition of the real or personal
property.

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6. The Division shall release the lien pursuant to subsection 7
if:
(a) The costs of reclamation incurred by the Division are
repaid or reimbursed;
(b) The holder of the permit resolves the deficiency in the bond
or other surety identified in a notice of noncompliance issued
pursuant to NRS 519A.270; or
(c) The lien is satisfied by sale or other means.
7. As soon as practicable but not more than 3 0 days after a
lien is satisfied pursuant to subsection 6, the Division shall file a
notice of lien release:
(a) If on real property, in the office of the county recorder of
the county where the real property is located.
(b) If on personal property, in t he Office of the Secretary of
State. If the notice i s filed in the Office of the Secretary of State,
the notice must be marked, held and indexed in accordance with
the provisions of NRS 104.9519 as if the notice were a financing
statement within the meaning of the Uniform Commercial Code.
8. The Attorney General may, on behalf of the Division,
foreclose on a perfected lien in a suit brought in district court in
the same manner as a suit for the foreclosure of any other lien.
9. Nothing in this section shall be construed to limit the right
of the Division to bring an action to recover any costs and
damages for which a person is liable under the provisions of this
chapter.
Sec. 12. NRS 519A.020 is hereby amended to read as follows:
519A.020 As used in this chapter, unless the context otherwise
requires, the words and terms defined in NRS 519A.030 to
519A.130, inclusive, and sections 2 to 9, inclusive, of this act have
the meanings ascribed to them in those sections.
Sec. 13. NRS 519A.100 is hereby amended to read as follows:
519A.100 “Reclamation” means actions performed during or
after an exploration project or mining operation to [shape,] :
1. Shape, stabilize, revegetate or otherwise treat the land in
order to return it to a safe, stable cond ition consistent with the
establishment of a productive postmining use of the land and the
abandonment of a facility in a manner which ensures the public
safety, as well as the encouragement of techniques which minimize
the adverse visual effects [.] ; or
2. Stabilize process fluids.
Sec. 14. NRS 519A.130 is hereby amended to read as follows:
519A.130 “Surety” means, but is not limited to, a trust fund,
surety bonds that guarantee performance or payment into a trust

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fund [,] or an account held by or for the benefit of the Division,
letters of credit, insurance [, corporate or other guarantees of
performance,] or any combination of these or other forms of security
approved by the Director of the State Department of Conservation
and Natural Resources and used to ensure that reclamation will be
completed.
Sec. 15. NRS 519A.170 is hereby amended to read as follows:
519A.170 All fees collected by the Division pursuant to this
chapter, including, without limitation, the fees for an application for
and the issuance of a permit, must be deposited with the State
Treasurer for credit to the appropriate account of the Division and
must be used in the administration of NRS 519A.010 to 519A.280,
inclusive [.] , and sections 2 to 11, inclusive, of this act. All interest
earned on the money credited pursuant to this section must be
credited to the account to which the money was credited.
Sec. 16. NRS 519A.220 is hereby amended to read as follows:
519A.220 The Division shall develop a ch ecklist to be
completed by applicants for a permit to engage in a mining
operation. The information requested by the checklist must include:
1. Information relating to the plan for reclamation, including:
(a) The proposed subsequent use of the land after the mining
operation is completed;
(b) The proposed schedule of reclamation that will be followed;
(c) The proposed topography of the land after the mining
operation is completed;
(d) The treatment of slopes created or affected by the mining
operation;
(e) The proposed use of impoundments;
(f) The kinds of access roads to be built and the manner of
reclamation of road sites;
(g) The methods of drainage that will be used during the mining
operation and reclamation;
(h) The revegetation of the land;
(i) The monitoring and maintenance of the reclaimed land that
will be performed by the operator;
(j) The reclamation that will be necessary as a result of instream
mining;
(k) The effect that reclamation will have on future mining in that
area; [and]
(l) The effect of the reclamation on public safety [.] ; and
(m) A manual for the operation and maintenance of the fluid
management system.

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2. Information relating to the mining operation and maps of the
area which is required by the regulations adop ted by the
Commission pursuant to NRS 519A.160.
3. Other information as requested by the Administrator which
the Administrator determines is pertinent to the reclamation
activities of the mining operation.
Sec. 17. NRS 519A.230 is hereby amended to read as follows:
519A.230 1. A plan for reclamation must provide:
(a) That reclamation activities, particularly those relating to the
control of erosion, must be conducted simultaneously with the
mining operation to the extent practicable, and otherwise must be
initiated promptly upon the completion or abandonment of the
mining operation in any area that will not be subject to further
disturbance. Reclamation activities must be completed within the
time set by the regulations adopted by the Comm ission pursuant to
NRS 519A.160.
(b) For vegetative cover if appropriate to the future use of the
land.
(c) For the reclamation of all land disturbed by the exploration
project or mining operation to a stability comparable to that of
adjacent areas.
(d) For the stabilization of process fluids.
2. The operator may request the Division to grant an exception
for open pits and rock faces which may not be feasible to reclaim. If
an exception is granted, other than for a pit lake for which public
access is p rovided in a plan for reclamation pursuant to subsection
3, the Division shall require the operator to take sufficient measures
to ensure public safety.
3. Except as otherwise provided in this subsection, for a pit
lake that will have a predicted filled surface area of more than 200
acres, a plan for reclamation must provide, in consultation with the
operator and each landowner, including any federal land manager,
and, if feasible, for at least one point of public nonmotorized access
to the water level of the pit lake when the pit in which the pit lake is
located reaches at least 90 percent of its predicted maximum
capacity. This subsection:
(a) Must not be construed to impede the ability of any
landowner, including any federal land manager, of any premis es on
which a pit lake is located to determine the final and ultimate use of
those premises;
(b) Does not require any landowner, including any federal land
manager, who is consulted pursuant to this subsection to agree to
allow access to any pit lake; and

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(c) Does not alter any contract or agreement entered into before
October 1, 2013, between an operator and a landowner, including
any federal land manager.
4. A protected person with respect to any premises for which
public access to a pit lake is provi ded in a plan for reclamation
pursuant to subsection 3 owes no duty to keep the premises,
including, without limitation, the access area and the pit lake and its
surroundings, safe for entry or use by any other person for
participation in any activity, or to give a warning of any hazardous
condition, activity or use of the premises to any person entering the
premises.
5. If a protected person gives permission to another person to
access or engage in any activity with respect to any premises
specified in s ubsection 4, the protected person does not thereby
extend any assurance that the premises are safe for that activity or
any other purpose or assume responsibility for or incur any liability
for any injury to any person or property caused by any act of a
person to whom the permission is granted. The provisions of this
subsection do not confer any liability upon a protected person for
any injury to any other person or property, whether actual or
implied, or create a duty of care or ground of liability for any injury
to any person or property.
6. Except in the case of an emergency, an operator shall not
depart from an approved plan for reclamation without prior written
approval from the Division.
7. Reclamation activities must be economically and
technologically practicable in achieving a safe and stable condition
suitable for the use of the land.
8. As used in this section:
(a) “Pit lake” means a body of water that has resulted, after the
completion of an exploration project or mining operation, from an
open pit that has penetrated the water table of the area in which the
pit is located.
(b) “Protected person” means any past or present:
(1) Owner of any estate or interest in any premises for which
public access to a pit lake is provided in a plan for r eclamation
pursuant to subsection 3;
(2) Operator of all or any part of the premises, including,
without limitation, any entity that has conducted or is conducting a
mining operation or any reclamation activity with respect to the
premises;
(3) Lessee or occupant of all or any part of the premises; or

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(4) Contractor, subcontractor, employee or agent of any such
owner, operator, lessee or occupant.
Sec. 18. NRS 519A.240 is hereby amended to read as follows:
519A.240 1. If a mining operation or exp loration project is
conducted , in whole or in part, on land administered by a federal
agency, [an approved ] a federal plan of operations and a surety
approved by the federal agency that are consistent with the
requirements of this chapter supersede , if w holly conducted on
land administered by the federal agency, or substitute, if partly
conducted on land administered by the federal agency, the
requirements for a permit and bond or other surety otherwise
required by this chapter [. If the mining operation or exploration
project is conducted on a site which includes both public land and
privately owned land, compliance with the federal plan suffices if
that plan substantially provides for the reclamation and bond or
other surety required by this chapter.] if the applicant:
(a) Submits to the Division the federal plan of operations
determined by the federal agency to be administratively complete
and an estimate of the costs of reclamation of the mining
operation or exploration project, and any modifications t hereto;
and
(b) Remedies any inconsistencies between the federal plan of
operations and the requirements of this chapter and any
regulations adopted pursuant thereto that are identified by the
Division.
2. Nothing in this section affects the requirement [for] to
obtain a permit set forth in NRS 519A.180 or 519A.200 or the
required payment of fees set forth in NRS 519A.160 or 519A.260.
Sec. 19. NRS 519A.270 is hereby amended to read as follows:
519A.270 If the Division has reason to believe that any
provision of NRS 519A.010 to 519A.280, inclusive, and sections 2
to 11, inclusive, of this act, a plan for reclamation, any condition
placed on a plan for reclamation or any regulation adopted by the
Commission pursuant to NRS 519A.160, has been violated, the
Division shall serve a notice of noncompliance upon the holder of
the permit. The notice must:
1. Be served personally or by registered mail addressed to the
holder of the permit at his or her address as shown on the records of
the Division;
2. Specify each violation; and
3. Set a date and time for a hearing and inform the person that
the person’s permit may be suspended or revoked and the person’s

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bond or other surety forfeited upon complet ion of the hearing or if
the person fails to attend the hearing.
Sec. 20. NRS 519A.280 is hereby amended to read as follows:
519A.280 1. Except as otherwise provided in NRS 445C.010
to 445C.120, inclusive, a person who violates any provision of NRS
519A.010 to 519A.280, inclusive, and sections 2 to 11, inclusive, of
this act, or any regulation adopted by the Commission pursuant to
NRS 519A.160, is guilty of a misdemeanor and, in addition to any
criminal penalty, is subject to a civil penalty imposed by the
Division at a hearing for which notice has been given, in an amount
determined pursuant to the schedule adopted by the Commission
pursuant to NRS 519A.160.
2. Any money received by the Division pursuant to subsection
1 must be deposited with the Sta te Treasurer for credit to
the appropriate account of the Division. All interest earned on the
money credited pursuant to this section must be credited to the
account to which the money was credited.
3. In addition to any other remedy provided by this chapter, the
Division may compel compliance with any provision of NRS
519A.010 to 519A.280, inclusive, and sections 2 to 11, inclusive, of
this act, or of any regulation adopted or permit or order issued
pursuant to those sections, by injunction or other ap propriate
remedy. The Division may institute and maintain in the name of the
State of Nevada any such enforcement proceedings.
Sec. 21. Chapter 444 of NRS is hereby amended by adding
thereto the provisions set forth as sections 22 to 25, inclusive, of this
act.
Sec. 22. “Solid waste management facility” means any place
that engages in any activity related to a solid waste management
system. The term includes, without limitation, a disposal site.
Sec. 23. (Deleted by amendment.)
Sec. 23.5. The State Environmental Commission may adopt
regulations establishing activities that are related to a solid waste
management system. Such regulations may, without limitation,
establish places that constitute solid waste management facilities
because, as d etermined by the Commission, the activities
performed at the place present a significant hazard to human
health, public safety or the environment if solid waste at the place
were to be managed improperly. The determination of the
Commission may be based upon, without limitation, the size of the
activity, throughput of the activity, location of the place or any
other relevant factor determined by the State Environmental
Commission.

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- 83rd Session (2025)
Sec. 24. 1. The State Environmental Commission shall
adopt regulations prescribing the requirements for an owner or
operator of a municipal solid waste landfill or solid waste
management facility that is engaged in an activity established by
regulations adopted pursuant to section 23.5 of this act, to
demonstrate that the owner or operator is financially responsible
for the municipal solid waste landfill or solid waste management
facility in accordance with subsection 4 of NRS 444.556. Such
regulations must require the owner or operator to provide:
(a) Evidence that the owner or operator has a policy of liability
insurance in an amount which the State Department of
Conservation and Natural Resources has determined is necessary
for the protection of human health, public safety and the
environment;
(b) Evidence of security, in a form and amount which the State
Department of Conservation and Natural Resources deems
necessary, to ensure that at the time of any abandonment,
cessation or interruption of the service provided by the municipal
solid waste landfill or soli d waste management facility, and
thereafter, all appropriate measures will be taken to prevent
damage to human health, public safety and the environment; and
(c) Any other evidence of financial responsibility which the
State Environmental Commission find s necessary for those
purposes.
2. Requirements established pursuant to this section may not
exceed those requirements for financial responsibility established
pursuant to the Resource Conservation and Recovery Act of 1976,
42 U.S.C. §§ 6901 et seq.
3. Any claim arising from conduct for which evidence of
financial responsibility is required may be asserted directly against
the insurer, guarantor, surety or other person providing such
evidence if the owner or operator:
(a) Has filed a petition in bankr uptcy, or is the object of an
involuntary petition;
(b) Cannot respond in damages in the event a judgment is
entered against the owner or operator; or
(c) Is not subject to the personal jurisdiction of any courts of
this or any other state, or of the Un ited States, or cannot, with due
diligence, be served with process.
4. If a claim is asserted directly against a person providing
evidence of financial responsibility, that person may assert any
right or defense which:

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- 83rd Session (2025)
(a) The person might have asserte d in any action against him
or her by the owner or operator; or
(b) The owner or operator might have asserted, had the claim
been made against him or her.
Sec. 25. 1. The Division of Environmental Protection of the
State Department of Conservation and Natural Resources or the
solid waste management authority may lien all real and personal
property, tangible and intangible, associated with a municipal
solid waste landfill or solid waste management facility of the
owner or operator of a municipal solid w aste landfill or solid
waste management facility for:
(a) The costs incurred by the Division of Environmental
Protection or solid waste management authority to reduce or
eliminate an imminent threat to human health, public safety or the
environment relating to the management of waste at a solid waste
management facility, including, without limitation, a disposal site;
and
(b) The amount of any deficiency in a security or other type of
financial responsibility required in accordance with the
regulations adopted pursuant to section 24 of this act or the
Resource Conservation and Recovery Act of 1976, Subtitle D, §§
42 U.S.C. 6941 et seq ., and any regulations adopted pursuant
thereto and identified in an order issued pursuant to NRS 444.592.
2. To perfect a lien held pursuant to subsection 1, the
Division of Environmental Protection or solid waste management
authority shall:
(a) Provide notice of intent to lien to the owner or operator of
the municipal solid waste landfill or solid waste management
facility by certified or registered mail;
(b) Not later than 30 days after providing notice of intent to
lien pursuant to paragraph (a), provide notice of the lien to the
owner or operator of the municipal solid waste landfill or solid
waste management facility by certified or registered mail; and
(c) File notice of the lien , which must set forth , without
limitation, the amount of the lien:
(1) If on real property, in the office of the county recorder
of the county where the real property is located.
(2) If on personal property, in the Office of the Secretary of
State. If the notice i s filed in the Office of the Secretary of State,
the notice must be marked, held and in dexed in accordance with
the provisions of NRS 104.9519 as if the notice were a financing
statement within the meaning of the Uniform Commercial Code.

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3. The Division of Environmental Protection or solid waste
management authority shall file an amended n otice of the lien
which must set forth, without limitation, the amount of the lien:
(a) Not later than 30 days after the amount of the lien
decreases due to payment, reimbursement or any other partial lien
satisfaction; and
(b) Not later than 90 days aft er the first day of any month in
which the amount of the lien increases due to the accrual of
unrecovered costs or a deficiency in a security or other type of
financial responsibility identified in an order issued pursuant to
NRS 444.592.
4. The amount of the lien held pursuant to subsection 1 must
not exceed:
(a) The costs of the Division of Environmental Protection or
solid waste management authority for performing remediation and
any deficiency in a security or other type of financial
responsibility; or
(b) The proceeds from the sale of the real or personal property
associated with the municipal solid waste landfill or solid waste
management facility after any previously perfected security
interests or judgment liens are satisfied.
5. A security interest or judgment lien that is perfected before
notice of the lien is filed pursuant to subsection 2 has priority over
a lien perfected pursuant to this section. A perfected lien held
pursuant to this section has priority over all other liens and
encumbrances that have an interest in the:
(a) Proceeds of a security or other type of financial
responsibility required in accordance with the requirements
prescribed pursuant to section 24 of this act or the Resource
Conservation and Recovery Act of 1976, Subtitle D, §§ 42 U.S.C.
6941 et seq., and any regulations adopted pursuant thereto; or
(b) Increase in the fair market value of the real or personal
property associated with the municipal solid waste landfill or solid
waste management facility that is attributable to remediation
performed by the Division of Environmental Protection or solid
waste management authority, which must be measured at the time
of the sale or other disposition of the real or personal property.
6. The Division of Environmental Protection or solid waste
management authority shall release the lien pursuant to
subsection 7 if:
(a) The costs of remediation of the Division of Environmental
Protection or solid waste m anagement authority are repaid or
reimbursed;

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- 83rd Session (2025)
(b) The owner or operator of the municipal solid waste landfill
or solid waste management authority resolves the deficiency in the
security or other type of financial responsibility identified in an
order issued pursuant to NRS 444.592; or
(c) The lien is satisfied by sale or other means.
7. As soon as practicable but not more than 30 days after a
lien is satisfied pursuant to subsection 6, the Division of
Environmental Protection or solid waste management authority
shall file a notice of lien release:
(a) If on real property, in the office of the county recorder of
the county where the real property is located.
(b) If on personal property, in the Office of the Secretary of
State. If the notice i s filed in the Office of the Secretary of State,
the notice must be marked, held and indexed in accordance with
the provisions of NRS 104.9519 as if the notice were a financing
statement within the meaning of the Uniform Commercial Code.
8. The Attorney General or district attorney may, on behalf of
the Division of Environmental Protection or solid waste
management authority , foreclose on a perfected lien in a suit
brought in district court in the same manner as a suit for the
foreclosure of any other lien.
9. Nothing in this section shall be construed to limit the right
of the Division of Environmental Protection or solid waste
management authority to recover any costs and damages incurred
by the Division of Environmental Protection or solid wa ste
management authority for which the person, owner or operator is
liable under NRS 444.598.
Sec. 26. NRS 444.450 is hereby amended to read as follows:
444.450 As used in NRS 444.440 to 444.620, inclusive, and
sections 22 to 25, inclusive, of this act, unless the context otherwise
requires, the words and terms defined in NRS 444.460 to 444.501,
inclusive, and section 22 of this act have the meanings ascribed to
them in those sections.
Secs. 27 and 28. (Deleted by amendment.)
Sec. 28.3. NRS 444.500 is hereby amended to read as follows:
444.500 “Solid waste management system” means the entire
process of the storage, collection, transportation, processing,
recycling [and] or disposal of solid waste. The term includes plans
and programs for the reduction of waste and public education.
Sec. 28.7. NRS 444.553 is hereby amended to read as follows:
444.553 1. The solid waste management authority shall, in
accordance with the regulations of the State Environmental
Commission adopted pursuant to NRS 444.560 [,] and section 24 of

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- 83rd Session (2025)
this act, issue permits to operate solid waste management facilities,
including, without limitation, disposal sites.
2. A person shall not operate or authorize the operation of a
solid waste management facility , including , without limitation, a
disposal site , unless the operator:
(a) Holds a permit to operate the solid waste management
facility, including without limitation, a disposal site , issued by the
solid waste management authority; and
(b) Complies with the terms and conditions of the permit.
3. A solid waste management authority may:
(a) Obtain, and the owner or operator of a solid waste
management facility, including, without limitation, a disposal site,
shall deliver upon request, any information necessary to determine
whether the owner or operator is or has been in compliance with
the terms and conditions of the permit, the regulations of the State
Environmental Commission, the applicable laws of this S tate and
the provisions of the Resource Conservation and Recovery Act of
1976, Subtitle D, 42 U.S.C. §§ 6941 et seq., and the regulations
adopted pursuant thereto;
(b) Conduct monitoring or testing to ensure that the owner or
operator is or has been in co mpliance with the terms and
conditions of the permit; and
(c) Enter any site or premises subject to the permit, during
normal business hours, at which records relevant to the solid
waste management facility, including, without limitation, a
disposal site, are kept in order to inspect those records.
Sec. 29. NRS 444.556 is hereby amended to read as follows:
444.556 1. Before constructing or operating a municipal solid
waste landfill, the owner or operator of the municipal solid waste
landfill shall obtain a permit issued by the solid waste management
authority.
2. A permit for the construction or operation of a municipal
solid waste landfill is subject to the general conditions of the
Resource Conservation and Recovery Act of 1976, Subtitle D, 42
U.S.C. §§ 6941 et seq., and the regulations adopted pursuant thereto.
3. Any documents submitted in connection with an application
for a permit, including any modifications requested by the solid
waste management authority that require corrective action to t he
proposed construction or operation, are public records and must be
made available for public comment. The final determinations made
by the solid waste management authority on an application for a
permit are public records.

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- 83rd Session (2025)
4. [A] Except as otherwise provided in subsection 5, a permit
issued by a solid waste management authority must be conditioned
upon all requirements that are necessary to ensure continuing
compliance with:
(a) The requirements of the Resource Conservation and
Recovery Act of 1976, Subtitle D, 42 U.S.C. §§ 6941 et seq., and
the regulations adopted pursuant thereto, which describe:
(1) General standards for a municipal solid waste landfill;
(2) Restrictions on the location of such a municipal solid
waste landfill;
(3) Criteria for the operation of such a municipal solid waste
landfill;
(4) Criteria for the design of such a municipal solid waste
landfill;
(5) Requirements for monitoring groundwater and standards
for corrective actions related thereto;
(6) Standards of care related to the closure of such a
municipal solid waste landfill; and
(7) Financial responsibility requirements for the owners or
operators of such municipal solid waste landfills [;] pursuant to
section 24 of this act;
(b) The applica ble regulations of the State Environmental
Commission; and
(c) The applicable laws of this State.
5. The requirements of subparagraphs (6) and (7) of
paragraph (a) of subsection 4 may be satisfied by a plan for
reclamation:
(a) Which has been approved by the Division of
Environmental Protection of the State Department of
Conservation and Natural Resources; and
(b) Complies with NRS 519A.230 and the provisions of the
Resource Conservation and Recovery Act of 1976, Subtitle D,
42 U.S.C. §§ 6941 et seq., and the regulations adopted pursuant
thereto.
6. A solid waste management authority may:
(a) Obtain, and the owner or operator of a municipal waste
landfill shall deliver upon request, any information necessary to
determine whether the owner or operator is or has been in
compliance with the terms and conditions of the permit, the
regulations of the State Environmental Commission, the applicable
laws of this State and the provisions of the Resource Conservation
and Recovery Act of 1976, Subtitle D , 42 U.S.C. §§ 6941 et seq.,
and the regulations adopted pursuant thereto;

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- 83rd Session (2025)
(b) Conduct monitoring or testing to ensure that the owner or
operator is or has been in compliance with the terms and conditions
of the permit; and
(c) Enter any site or premises subject to the permit, during
normal business hours, on which records relevant to the municipal
solid waste landfill are kept in order to inspect those records.
Sec. 30. NRS 444.557 is hereby amended to read as follows:
444.557 1. A solid waste manag ement authority shall
establish a program to monitor the compliance of a municipal solid
waste landfill with the terms and conditions of the permit issued for
that municipal solid waste landfill, the regulations of the State
Environmental Commission, the applicable laws of this state and the
provisions of the Resource Conservation and Recovery Act of 1976,
Subtitle D, 42 U.S.C. §§ 6941 et seq., and the regulations adopted
pursuant thereto. The program must include procedures to:
(a) Verify the accuracy of any information submitted by the
owner or operator of the municipal solid waste landfill to the
authority;
(b) Verify the adequacy of sampling procedures and analytical
methods used by the owner or operator of the municipal solid waste
landfill; and
(c) Require the owner or operator to produce all evidence which
would be admissible in a proceeding to enforce compliance.
2. The solid waste management authority shall receive and give
appropriate consideration to any information submitted by members
of th e public regarding the continuing compliance of an owner or
operator with the permit issued by the solid waste management
authority.
3. In the administration of any permit issued by a solid waste
management authority, the authority shall establish proced ures that
permit intervention pursuant to Rule 24 of the Nevada Rules of Civil
Procedure. The authority shall not oppose intervention on the
ground that the applicant’s interest is adequately represented by the
solid waste management authority.
Sec. 31. (Deleted by amendment.)
Sec. 32. NRS 444.559 is hereby amended to read as follows:
444.559 1. A municipal solid waste landfill shall accept a
recreational vehicle for disposal if:
[1.] (a) The person disposing of the recreational vehicle pays
any applicable fee and provides the title to the recreational vehicle,
indicating that he or she is the owner.

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- 83rd Session (2025)
[2.] (b) Accepting the recreational vehicle for disposal does not
violate any applicable federal or state law or regulation relating to
the operation of the municipal solid waste landfill.
2. A municipal solid waste landfill shall not accept hazardous
waste from a very small quantity generator for disposal.
3. As used in this section, “very small quantity generator” has
the meaning ascribed to it in 40 C.F.R. § 260.10.
Sec. 32.1. NRS 444.560 is hereby amended to read as follows:
444.560 1. The State Environmental Commission shall adopt
regulations concerning solid waste management systems, or any part
thereof, including regulations establishing standards for the
issuance, renewal, modification, suspension, revocation and denial
of, and for t he imposition of terms and conditions for, a permit to
construct or operate a solid waste management facility , including,
without limitation, a disposal site.
2. The State Environmental Commission may establish a
schedule of fees for the disposal of soli d waste in areas subject to
the jurisdiction of the State Department of Conservation and Natural
Resources in accordance with NRS 444.495 or for the issuance of
permits or other approvals by the Department for the operation of
solid waste management facili ties. The Department may use the
money collected under the schedule to defray the cost of managing
and regulating solid waste.
3. Notice of the intention to adopt and the adoption of any
regulation or schedule of fees must be given to the clerk of the
governing board of all municipalities in this State.
4. Within a reasonable time, as fixed by the State
Environmental Commission, after the adoption of any regulation, no
governing board of a municipality or person may operate or permit
an operation in violation of the regulation.
Sec. 32.2. NRS 444.570 is hereby amended to read as follows:
444.570 1. The State Department of Conservation and
Natural Resources shall:
(a) Advise, consult and cooperate with other agencies and
commissions of the State, ot her states, the Federal Government,
municipalities and persons in the formulation of plans for and the
establishment of any solid waste management system.
(b) Accept and administer loans and grants from any person that
may be available for the planning, c onstruction and operation of
solid waste management systems.
(c) Enforce the provisions of NRS 444.440 to 444.560,
inclusive, and any regulation adopted by the State Environmental
Commission pursuant thereto.

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- 83rd Session (2025)
(d) Periodically review the programs of other solid waste
management authorities in the State for issuing permits pursuant to
NRS 444.505, 444.553 and 444.556 and ensuring compliance with
the terms and conditions of such permits, the regulations of the State
Environmental Commission, the laws of this State and the
provisions of the Resource Conservation and Recovery Act of 1976,
42 U.S.C. §§ 6941 et seq., and the regulations adopted pursuant
thereto. The Director of the State Department of Conservation and
Natural Resources shall review the adequacy o f such programs in
accordance with the standards adopted by the United States
Environmental Protection Agency to review the adequacy of the
state program. If the Director determines that a program is
inadequate, the Department shall act as the solid waste management
authority until the deficiency is corrected. A finding by the Director
that a program is inadequate is not final until reviewed by the State
Environmental Commission. This paragraph does not limit the
authority or responsibility of a district bo ard of health to issue
permits for solid waste management facilities , including, without
limitation, disposal sites , and enforce the laws of this State
regarding solid waste management systems.
(e) Make such investigations and inspections and conduct suc h
monitoring and testing as may be necessary to require compliance
with NRS 444.450 to 444.560, inclusive, and any regulation adopted
by the State Environmental Commission.
2. The State Environmental Commission shall:
(a) In cooperation with governing bodies of municipalities,
develop a statewide solid waste management system plan, and
review and revise the plan every 5 years.
(b) Examine and approve or disapprove plans for solid waste
management systems.
(c) Review any determination by the Director o f the State
Department of Conservation and Natural Resources that a program
for issuing permits administered by a solid waste management
authority is inadequate. The Commission may affirm, modify or
reverse the findings of the Director.
3. Employees of t he State Department of Conservation and
Natural Resources or its authorized representatives may, during the
normal hours of operation of a facility subject to the provisions of
NRS 444.440 to 444.620, inclusive, and sections 22 to 25,
inclusive, of this act, enter and inspect areas of the facility where:
(a) Solid waste may have been generated, stored, collected,
transported, [treated] processed, recycled or disposed; or

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- 83rd Session (2025)
(b) Records are kept, and may inspect and copy any records,
reports, information or test results relating to the management of the
solid waste.
Sec. 32.4. NRS 444.580 is hereby amended to read as follows:
444.580 Except as otherwise provided in NRS 444.559:
1. Any district board of health created pursuant to NRS
439.362 or 439.370 and any governing body of a municipality may
adopt standards and regulations for the location, design,
construction, operation and maintenance of solid waste
management facilities, solid waste disposal sites and solid waste
management systems or any part thereof more restrictive than those
adopted by the State Environmental Commission, and any district
board of health may issue permits thereunder.
2. Any district board of health creat ed pursuant to NRS
439.362 or 439.370 may adopt such other regulations as are
necessary to carry out the provisions of NRS 444.440 to 444.620,
inclusive [.] , and sections 22 to 25, inclusive, of this act . Such
regulations must not conflict with regulation s adopted by the State
Environmental Commission.
Sec. 32.6. NRS 444.583 is hereby amended to read as follows:
444.583 1. Except as otherwise provided in subsection 5 and
NRS 444.509, it is unlawful willfully to:
(a) Dispose of, abandon or dump a moto r vehicle battery, motor
vehicle tire or motor oil at any site which has not been issued a
permit for that purpose by the solid waste management authority;
(b) Dispose of, abandon or dump a motor vehicle battery, motor
vehicle tire or motor oil at a [sanitary] municipal solid waste landfill
or other disposal site established by a municipality which has not
been issued a permit for that purpose by the solid waste
management authority; or
(c) Incinerate a motor vehicle battery or motor vehicle tire as a
means of ultimate disposal, unless the incineration is approved by
the solid waste management authority for the recovery of energy or
other appropriate use.
2. A person who violates the provisions of subsection 1 is
guilty of a misdemeanor and except as otherwise provided in NRS
445C.010 to 445C.120, inclusive, shall be punished by a fine of not
less than $100 per violation.
3. The State Department of Conservation and Natural
Resources shall establish a plan for the appropriate disposal of used
or waste motor vehicle batteries, motor vehicle tires and motor oil.
The plan must include the issuance of permits to approved sites or
facilities for the disposal of those items by the public. The plan may

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- 83rd Session (2025)
include education of the public regarding the necessity o f disposing
of these items properly and recycling them.
4. The State Department of Conservation and Natural
Resources shall encourage the voluntary establishment of authorized
sites which are open to the public for the deposit of used or waste
motor vehicle batteries, motor vehicle tires and motor oil.
5. The provisions of subsections 1 and 2 do not apply to the
disposal of used or waste motor vehicle batteries or motor vehicle
tires if the unavailability of a site that has been issued a permit by
the solid waste management authority makes disposal at such a site
impracticable. The provisions of this subsection do not exempt a
person from any other regulation of the solid waste management
authority concerning the disposal of used or waste motor vehicle
batteries or motor vehicle tires.
Sec. 32.8. NRS 444.592 is hereby amended to read as follows:
444.592 If the solid waste management authority receives
information that the [handling,] storage, [recycling,] collection,
transportation, [treatment] processing, recycling or disposal of any
solid waste presents or may present a threat to human health, public
safety or the environment, or is in violation of a term or condition of
a permit issued pursuant to NRS 444.505, 444.553 or 444.556, a
statute, a regulation or an order issued pursuant to NRS 444.594, the
authority may, in addition to any other remedy provided in NRS
444.440 to 444.620, inclusive [:] , and sections 22 to 25, inclusive,
of this act:
1. Issue an order directing the owner or operator of the solid
waste management facility , including, without limitation, a
disposal site or any other site where the [handling,] storage,
[recycling,] collection, transportation, [treatment] processing,
recycling or disposal has occurred or may occur, or any other person
who has custody of the solid waste, to take such steps as are
necessary to prevent the act or eliminate the practice which
constitutes the threat or violation.
2. Commence an action in a court of competent jurisdiction to
enjoin the act or practice which constitutes the threat or violation in
accordance with the provisions of NRS 444.600.
3. Take any other action designed to reduce or eliminate the
threat or violation.
Sec. 33. Chapter 459 of NRS is hereby amended by adding
thereto the provisions set forth as sections 34 and 35 of this act.
Sec. 34. “Recycling” means the processing of hazardous
waste to recover materials or produce a usable product. The term
does not include the treatment or disposal of hazardous waste.

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Sec. 35. 1. The Department may lien all real and personal
property, tangible and intangible, associated with a facility for the
management of hazardous waste of the owner, operator or holder
of a permit for:
(a) The costs incurred by the Department to remediate an
imminent and substantial hazard to human health, public safety or
the environment pursuant to subsection 1 of NRS 459.537; and
(b) The amount of any deficiency in a sec urity or other type of
financial responsibility required pursuant to NRS 459.525 and
identified in an order issued pursuant to NRS 459.570.
2. To perfect a lien held pursuant to subsection 1, the
Department shall:
(a) Provide notice of intent to lien t o the owner, operator or
holder of the permit by certified or registered mail;
(b) Not later than 30 days after providing notice of intent to
lien pursuant to paragraph (a), provide notice of the lien to the
owner, operator or holder of the permit by cer tified or registered
mail; and
(c) File notice of the lien , which must set forth , without
limitation, the amount of the lien:
(1) If on real property, in the office of the county recorder
of the county where the real property is located.
(2) If on personal property, in the Office of the Secretary of
State. If the notice i s filed in the Office of the Secretary of State,
the notice must be marked, held and indexed in accordance with
the provisions of NRS 104.9519 as if the notice were a financing
statement within the meaning of the Uniform Commercial Code.
3. The Department shall file an amended notice of the lien
which must set forth, without limitation, the amount of the lien:
(a) Not later than 30 days after the amount of the lien
decreases due to payment, reimbursement or any other partial lien
satisfaction; and
(b) Not later than 90 days after the first day of any month in
which the amount of the lien increases due to the accrual of
unrecovered costs or a deficiency in a security or other type of
financial responsibility identified in an order issued pursuant to
NRS 459.570.
4. The amount of the lien held pursuant to subsection 1 must
not exceed:
(a) The costs of the Department for performing remediation
and any deficiency in a security or other type of financial
responsibility; or

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- 83rd Session (2025)
(b) The proceeds from the sale of the real or personal property
associated with the facility after any previously perfected security
interests or judgment liens are satisfied.
5. A security interest or judgment lien that is perfected before
notice of the lien is filed pursuant to subsection 2 has priority over
a lien perfected pursuant to this section. A perfected lien held
pursuant to this section has priority over all other liens and
encumbrances that have an interest in the:
(a) Proceeds of a security or other type of financial
responsibility required pursuant to NRS 459.525; or
(b) Increase in the fair market value of the real or personal
property associated with the fa cility that is attributable to
remediation performed by the Department , which must be
measured at the time of the sale or other disposition of the real or
personal property.
6. The Department shall release the lien pursuant to
subsection 7 if:
(a) The costs of remediation of the Department are repaid or
reimbursed;
(b) The owner, operator or holder of the permit resolves the
deficiency in the security or other type of financial responsibility
identified in an order issued pursuant to NRS 459.570; or
(c) The lien is satisfied by sale or other means.
7. As soon as practicable but not more than 30 days after a
lien is satisfied pursuant to subsection 6, the Division shall file a
notice of lien release:
(a) If on real property, in the office of the co unty recorder of
the county where the real property is located.
(b) If on personal property, in the Office of the Secretary of
State. If the notice i s filed in the Office of the Secretary of State,
the notice must be marked, held and indexed in accordance with
the provisions of NRS 104.9519 as if the notice were a financing
statement within the meaning of the Uniform Commercial Code.
8. The Attorney General, on behalf of the Department, may
foreclose on a perfected lien in a suit brought in district court in
the same manner as a suit for the foreclosure of any other lien.
9. Nothing in this section shall be construed to limit the right
of the Department to recover any costs and damages for which a
person is liable under the provisions of this chapter.
Sec. 36. NRS 459.400 is hereby amended to read as follows:
459.400 The purposes of NRS 459.400 to 459.600, inclusive,
and sections 34 and 35 of this act are to:

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1. Protect human health, public safety and the environment
from the effects of improper, inadequate or unsound management of
hazardous waste;
2. Establish a program for regulation of the [storage,
generation, transportation, treatment and disposal ] management of
hazardous waste; [and]
3. Ensure safe and adequate management of hazardous waste
[.] ; and
4. Conserve resources of material and energy through the
recycling or recovery of hazardous waste.
Sec. 37. NRS 459.405 is hereby amended to read as follows:
459.405 As used in NRS 459.400 to 459.600, inclusive, and
sections 34 and 35 of this act, unless the context otherwise requires,
the words and terms defined in NRS 459.410 to 459.455, inclusive,
and section 34 of thi s act have the meanings ascribed to them in
those sections.
Sec. 37.5. NRS 459.425 is hereby amended to read as follows:
459.425 “Disposal” means the discharge, deposit, injection,
dumping, spilling, leaking or placing of any hazardous waste into or
on any land or water in a manner which might allow the hazardous
waste or any [part of it ] constituent thereof to enter the
environment, be emitted into the air or be discharged into any
[water, including any groundwater.] waters of this State, as defined
in NRS 445A.415.
Sec. 38. (Deleted by amendment.)
Sec. 38.5. NRS 459.432 is hereby amended to read as follows:
459.432 “Household waste” means waste material, including,
without limitation, garbage, trash and sanitary wastes in septic tanks
that is generated by a household, including, without limitation, a
single-family or multiple -unit residence, hotel, motel, bunkhouse,
ranger station, crew quarters, campground, picnic ground and day -
use recreational area. The term does not include nickel, cadmium,
mercuric oxide, manganese, zinc -carbon , [or] lead or high-density
energy batteries, toxic art supplies, used motor oil, kerosene,
solvent-based paint, paint thinner, paint solvents, fluorescent or
high-intensity light bulbs, ammunition, fireworks, pestic ides the use
of which has been prohibited or restricted or any other waste
generated by a household that would otherwise be defined as
hazardous waste pursuant to subsection 2 of NRS 459.430.
Sec. 39. NRS 459.435 is hereby amended to read as follows:
459.435 “Management of hazardous waste” means the
systematic control of the generation, collection, storage,

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transportation, recycling, processing, treatment, recovery [and] or
disposal of hazardous waste.
Sec. 40. NRS 459.440 is hereby amended to read as follows:
459.440 “Manifest” means a document used to identify
hazardous waste during its transportation from between any two of
the points of [generation, storage, treatment and disposal, ]
management and specifying the quantity, composition, origin, route
and destination of the waste.
Sec. 40.5. NRS 459.450 is hereby amended to read as follows:
459.450 “Storage” means the containment of hazardous waste,
[temporarily or] for a temporary period of [years, in a manner which
does not constitute disposal. ] time, at the end of which the
hazardous waste is transported, processed, treated, recovered,
disposed of or stored elsewhere.
Sec. 41. NRS 459.455 is hereby amended to read as follows:
459.455 “Treatment” means [a] any method, technique or
process, including neutralization, which is designed to change the
physical, chemical or biological character or composition of
hazardous waste so as to neutralize it or render it less hazardous,
nonhazardous, safer for transportation, storage and disposal,
amenable to recovery of resources of material or energy from it, or
reduce its volume.
Sec. 42. (Deleted by amendment.)
Sec. 43. NRS 459.485 is hereby amended to read as follows:
459.485 The Commission shall:
1. Adopt regulations [governing systems of hazardous waste
management,] to carry out the provisions of NRS 459.400 to
459.600, inclusive, and sections 34 and 35 of this act, including the
plan for management of hazardous waste in the entire State; and
2. Through the Department:
(a) Advise, consult and cooperate with other agencies of the
State, other states, the Federal Government, municipalities and other
persons on matters relating to formulation of plans for managing
hazardous waste.
(b) Develop a plan for management of hazardous waste i n the
entire State.
(c) Develop a program to encourage the minimization of
hazardous waste and the recycling [or reuse] of hazardous waste by
persons who generate hazardous waste within Nevada. The program
may include grants or other financial incentives.

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Sec. 44. NRS 459.490 is hereby amended to read as follows:
459.490 Regulations adopted by the Commission pursuant to
NRS 459.485 must be based upon studies, guidelines and
regulations of the Federal Government and must:
1. Set out mechanisms for det ermining whether any waste is
hazardous;
2. Govern combinations of wastes which are not compatible
and may not be [stored, treated or disposed of] managed together;
3. Govern [generation, storage, treatment and disposal ] the
management of hazardous waste;
4. Govern operation and maintenance of facilities for the
[treatment, storage and disposal ] management of hazardous waste,
including the qualifications and requirements for ownership,
continuity of operation, closure and care after closing;
5. Provide standards for location, design and construction of
facilities for [treatment, storage and disposal ] the management of
hazardous waste;
6. Except as otherwise provided in NRS 459.700 to 459.780,
inclusive, govern the transportation, packing and la beling of
hazardous waste in a manner consistent with regulations issued by
the United States Department of Transportation relating to
hazardous waste;
7. Provide procedures and requirements for the use of a
manifest for each shipment of hazardous waste. The procedures and
requirements must be applied equally to those persons who transport
hazardous waste generated by others and those who transport
hazardous waste which they have generated themselves; and
8. Take into account climatic and geologic varia tions and other
factors relevant to the management of hazardous waste.
Sec. 45. (Deleted by amendment.)
Sec. 46. NRS 459.515 is hereby amended to read as follows:
459.515 1. It is unlawful for any person to:
(a) Construct, substantially alter or operate any facility for the
[treatment, storage or disposal] management of hazardous waste; or
(b) [Treat, store or dispose of] Manage any hazardous waste,
 unless the person has first obtained a permit from the Department
to do so [.] , if a permit is required for that type of facility for the
management of hazardous waste by the regulations adopted by the
Commission pursuant to NRS 459.520.
2. A person who:
(a) Conducts an activity for which a permit is required pu rsuant
to this section, and is doing so on the effective date of the
regulations establishing procedures for the system of permits; and

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(b) Has made an application for a permit,
 shall be deemed to have been issued a permit until his or her
application has been acted upon, unless a delay in that action was
caused by the person’s failure to furnish information which was
reasonably requested or required for the processing of the
application.
3. The Commission may require a person who is conducting an
activity pursuant to subsection 2 to comply with requirements which
it has specified by regulation before a permit is issued.
Sec. 47. NRS 459.520 is hereby amended to read as follows:
459.520 1. The Commission shall adopt regulations [for] :
(a) Establishing the types of facilities for the management of
hazardous waste which must obtain a permit; and
(b) For the granting, renewal, modification, suspension,
revocation and denial of such permits.
2. If the local government within whose territory a facility for
the [treatment, storage or disposal] management of hazardous waste
is to be located requires that a special use permit or other
authorization be obtained for such a facility or activity, the
application to the Department for a permit to operate such a facility
must show that local authorization has been obtained. This
requirement does not apply to an app lication for a permit to
construct a utility facility that is subject to the provisions of NRS
704.820 to 704.900, inclusive.
3. Permits may contain terms and conditions which the
Department considers necessary and which conform to the
provisions of regulations adopted by the Commission.
4. Permits may be issued for any period of not more than 10
years.
5. A permit may not be granted or renewed if the Director
determines that granting or renewing the permit is inconsistent with
any regulation of the C ommission relating to hazardous waste or
with the plan for management of hazardous waste developed
pursuant to NRS 459.485. The provisions of this subsection do not
apply to a permit granted or under review before July 1, 1987.
6. The Department may suspend or revoke a permit pursuant to
the Commission’s regulations if the holder of the permit fails or
refuses to comply with the terms of the permit or a regulation of the
Commission relating to hazardous waste.
7. A permit may not be granted, renewed or modified for a
facility for the disposal of hazardous waste that proposes to
construct or operate a landfill unless the Director determines that the
landfill is or will be constructed to include at least one liner and a

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leachate collection and removal syst em designed to prevent the
migration of waste or leachate to the adjacent subsurface soils,
groundwater and surface water.
8. As used in this section:
(a) “Landfill” means a disposal facility or part of a facility
where hazardous waste is placed in or o n land and which is not a
pile, a land -treatment facility, a surface impoundment, an
underground-injection well, a salt -dome formation, a salt -bed
formation, an underground mine or a cave.
(b) “Leachate” means any liquid, including any suspended
components in the liquid, that has percolated through or drained
from a landfill.
(c) “Leachate collection and removal system” means a layer of
granular or synthetic materials installed above a liner and operated
in conjunction with drains, pipes, sumps and pumps or other means
designed to collect and remove leachate from a landfill.
(d) “Liner” means a continuous layer of artificially created
material installed beneath and on the sides of a landfill which
restricts the downward or lateral escape of hazardous wast e,
hazardous waste constituents or leachate, and prevents the migration
of waste to the adjacent subsurface soils, groundwater and surface
water.
Sec. 48. NRS 459.525 is hereby amended to read as follows:
459.525 1. The Commission shall adopt regulations
[requiring that] :
(a) Establishing the types of facilities for the management of
hazardous waste for which the owner or operator of [any] a facility
for the [treatment, storage or disposal] management of hazardous
waste must show his or her financial responsibility for the
undertaking [by providing:] ; and
(b) Requiring the owner or operator to provide:
[(a)] (1) Evidence that the owner or operator has a policy of
liability insurance in an amount which the Department has
determined is necessary for the protection of human health, public
safety and the environment;
[(b)] (2) Evidence of security, in a form and amount which the
Department deems necessary, to ensure that at the time of any
abandonment, cessati on or interruption of the service provided by
the facility, and thereafter, all appropriate measures will be taken to
prevent damage to human health, public safety and the environment;
and
[(c)] (3) Any other evidence of financial responsibility which
the Commission finds necessary for those purposes.

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2. Requirements established pursuant to this section may not
exceed those requirements for financial responsibility established
pursuant to the Resource Conservation and Recovery Act of 1976,
42 U.S.C. §§ 6901 et seq.
3. Any claim arising from conduct for which evidence of
financial responsibility is required may be asserted directly against
the insurer, guarantor, surety or other person providing such
evidence if the owner or operator:
(a) Has filed a pe tition in bankruptcy, or is the object of an
involuntary petition;
(b) Cannot respond in damages in the event a judgment is
entered against the owner or operator; or
(c) Is not subject to the personal jurisdiction of any court of this
or any other state, or of the United States, or cannot, with due
diligence, be served with process.
4. If a claim is asserted directly against a person providing
evidence of financial responsibility, that person may assert any right
or defense which:
(a) The person might have asserted in any action against him or
her by the owner or operator; or
(b) The owner or operator might have asserted, had the claim
been made against him or her.
Sec. 49. NRS 459.537 is hereby amended to read as follows:
459.537 1. If the person responsible for a leak or spill of or
an accident or motor vehicle crash 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 he r 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, accident or crash;
(b) Coordinating the efforts of state, local and federal agencies
responding to the leak, spill, accident or crash;
(c) Managing the cleaning and decontamination of an area for
the [disposal] management of hazardous waste or the site of the
leak, spill, accident or crash;
(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

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(e) Services rendered in responding to the leak, spill, accident or
crash, 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 Acc ount for money expended pursuant to
subsection 1 from any person who is responsible for the accident,
crash, leak or spill, or who owns or controls the hazardous waste,
hazardous material or a regulated substance, or the area used for the
[disposal] management 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 or
motor vehicle crash 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 or motor vehicle crash 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.

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(2) Clean and decontaminate the area affected by the leak,
spill, accident or crash.
(3) Investigate the occurrence of the leak, spill, accident or
crash.
Sec. 50. NRS 459.546 is hereby amended to read as follows:
459.546 1. Except as otherwise provided in subsection 4, the
owner or operator of a facility for the [treatment, s torage or
disposal] management of hazardous waste or a person who wishes
to construct such a facility may apply to the Commission for a
variance from its applicable regulations. The Commission may grant
a variance only if, after a public hearing on due not ice, it finds from
a preponderance of the evidence that:
(a) The facility or proposed facility, under the worst adverse
conditions, does not or will not endanger or tend to endanger the
environment and human health or safety; and
(b) Compliance with the regulations would produce serious
hardship without equal or greater benefits to the environment or
public.
2. The Commission shall not grant a variance unless it has
considered in the following order of priority the interests of:
(a) The public;
(b) Other owners of property likely to be affected by the
emissions or discharge; and
(c) The applicant.
3. The Commission may:
(a) Upon granting a variance, impose certain conditions upon
the applicant; or
(b) Revoke the variance if the applicant fails to comply with
those conditions.
4. The Commission shall not grant a variance from its
applicable regulations that would allow a facility for the disposal of
hazardous waste to construct or operate a landfill in a manner that
fails to comply with the requir ements of subsection 7 of
NRS 459.520.
Sec. 51. NRS 459.550 is hereby amended to read as follows:
459.550 1. The Commission shall adopt regulations which
require licensees to keep records and submit reports on hazardous
waste and which prescribe procedures for:
(a) Installing, calibrating, using and maintaining monitoring
equipment or other methods for obtaining data on hazardous wastes;
(b) Taking samples and performing tests and analyses;
(c) Establishing and maintaining suitable records; and
(d) Making reports to the Department.

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2. It is unlawful for any person to [generate, store, transport,
treat or dispose of] manage hazardous waste without reporting each
activity to the Department in accordance with regulations adopted
by the Commission.
Sec. 51.5. NRS 459.558 is hereby amended to read as follows:
459.558 1. The provisions of NRS 459.560 and 459.565 that
concern hazardous substances do not apply:
(a) [In a county whose population is less than 55,000;
(b)] To mining or agricultural activities; or
[(c)] (b) To other facilities or locations where the quantity of
any one hazardous substance at any one facility or location does not
exceed 1,000 kilograms at any time.
2. All other provisions of NRS 459.560 and 459.565, including
the pr ovisions concerning hazardous waste, apply to [all counties
and] all industries without regard to volume.
Sec. 52. NRS 459.560 is hereby amended to read as follows:
459.560 Any authorized representative or employee of the
Commission or the Department may, for the purpose of carrying out
his or her duties pursuant to NRS 459.400 to 459.600, inclusive,
and sections 34 and 35 of this act, or to enforce a regulation
adopted pursuant to those sections:
1. Enter any place where waste or a substance which the
Department has reason to believe may be hazardous waste or a
hazardous substance is or may have been [generated, stored,
transported, treated, disposed of] managed or otherwise handled;
2. Inspect and obtain samples of any waste or substance which
the Department has reason to believe may be hazardous waste or a
hazardous substance, including samples from any vehicle in which
waste or substance is being transported, and samples of containers
and labels; and
3. Inspect and copy any records, reports, information or test
results relating to the management of hazardous wastes or hazardous
substances.
Sec. 53. NRS 459.565 is hereby amended to read as follows:
459.565 1. If the Department receives inform ation that the
[handling, storage, transportation, treatment or disposal]
management 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 ] the management of the waste
or the owner or operator of any site where the [treatment, storage or
disposal] management of a hazardous substance has occurre d or

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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 t o 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 o r 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] the management of
waste or the owner or operator of any site where the [treatment,
storage or disposal] management 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 c ould constitute a
hazard to human health, public safety or the environment.
Sec. 54. NRS 459.585 is hereby amended to read as follows:
459.585 1. Any person who violates or contributes to a
violation of any provision of NRS 459.400 to 459.560, inclusi ve,
and section 34 of this act, NRS 459.590 or of any regulation
adopted or permit or order issued pursuant to those sections, or who
does not take action to correct a violation within the time specified
in an order, is liable to the Department for a civil penalty of not
more than $25,000 for each day on which the violation occurs. This
penalty is in addition to any other penalty provided by NRS 459.400
to 459.600, inclusive [.] and sections 34 and 35 of this act.
2. The Department may recover, in the nam e of the State of
Nevada, actual damages which result from a violation, in addition to
the civil penalty provided in this section. The damages may include
expenses incurred by the Department in removing, correcting or
terminating any adverse effects which resulted from the violation
and compensation for any fish, aquatic life or other wildlife
destroyed as a result of the violation.
3. In addition to any other remedy provided by this chapter, the
Department may compel compliance with any provision of NRS
459.400 to 459.560, inclusive, and section 34 of this act,

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NRS 459.590 or of any regulation adopted or permit or order issued
pursuant to those sections, by injunction or other appropriate
remedy. The Department may institute and maintain in the name of
the State of Nevada any such enforcement proceedings.
Sec. 54.5. NRS 459.590 is hereby amended to read as follows:
459.590 It is unlawful for any person to transport hazardous
waste:
1. Without a manifest that complies with regulations adopted
by the Commission;
2. That does not conform to the description of the waste
specified in the manifest;
3. In a manner that does not conform to the manner of
shipment described in the manifest; or
4. To a facility that has not been [issued a permit to treat, store
or dispose of ] authorized by the Commission to accept the
hazardous waste described in the manifest [.] in accordance with
the regulations adopted pursuant to NRS 459.485 and 459.490.
Sec. 55. (Deleted by amendment.)
Sec. 56. This act becomes effective upon passage and
approval.

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