Nev. Rev. Stat. § 459.387

Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1

Section 459.387 - Entry into facility to verify compliance with statutory requirements and regulations; issuance of order

1. The Division may enter any facility:

(a) During normal business hours; and

(b) At any other time if there is probable cause to believe that a violation of any of the provisions of NRS 459.380 to 459.3874, inclusive, or any regulation adopted pursuant thereto, has occurred,

to verify compliance with the provisions of NRS 459.380 to 459.3874, inclusive, any regulation adopted pursuant thereto and the quality of all work performed pursuant to those sections, except that the owner or operator of a facility need not employ any personnel solely to assure access to the facility by the Division when this access would otherwise be impossible.

2. The State Environmental Commission shall adopt regulations establishing requirements for:

(a) The inspection of a facility; and

(b) The report of a record of inspection.

3. If the Administrator of the Division finds that any person is engaging, is about to engage or has engaged in an act or practice that violates any provision of NRS 459.380 to 459.3874, inclusive, any regulation adopted pursuant thereto, or any term or condition of a permit issued by the Division pursuant to NRS 459.380 to 459.3874, inclusive, the Administrator may issue an order:

(a) Specifying the provision, regulation, term or condition that is alleged to have been violated or which is about to be violated;

(b) Setting forth the facts alleged to constitute the violation;

(c) Prescribing any corrective action that must be taken and a reasonable time within which that action must be taken; and

(d) Requiring the person to whom the order is directed to appear before the Administrator or a hearing officer to show cause why the Division should not commence an action for appropriate relief.

4. If the Administrator finds that the handling of a highly hazardous substance or explosive at a facility presents an imminent and substantial threat to human health or the environment, the Administrator may, after the Division has inspected the site and after the Administrator has had a consultation with the owner or operator of the facility and the owner or operator fails to correct the threat, issue an order requiring the owner or operator of the facility to take necessary steps to prevent the act or eliminate the practice that constitutes the threat.

NRS 459.387

Added to NRS by 1991, 1998; A 2003, 1607