Nevada § 445C.080 - Presumption that regulated person is not liable for administrative or civil penalty for violation; written agreement concerning environmental audit may be modified; authority of regulatory agency not limited by presumption against liability

§ 445C.080. Presumption that regulated person is not liable for administrative or civil penalty for violation; written agreement concerning environmental audit may be modified; authority of regulatory agency not limited by presumption against liability

1. Except as otherwise provided in NRS 445C.090 , a regulated person is presumed not to be liable for an administrative or civil penalty

for a violation of an environmental requirement if: (a) The regulated person conducted an environmental audit pursuant to a written agreement

with the appropriate regulatory agency and the agreement prescribed the: (1) Scope, methods and schedule for conducting the audit; and (2) Manner in which a violation of an environmental requirement must be reported to

the regulatory agency, including, but not limited to, the number of days after the

discovery of a violation that the regulated person must report the violation to the

regulatory agency; (b) The regulated person voluntarily disclosed the results of the environmental audit

to the appropriate regulatory agency in accordance with the requirements of the written

agreement; (c) The regulated person or regulated facility has not been issued a citation for

a violation of the environmental requirement in the immediately preceding 3 years; (d) The regulated person entered into an enforceable agreement with the appropriate

regulatory agency to: (1) Comply, as soon as practicable after the violation, with the environmental requirement; (2) Remedy any damage or other harm caused by the violation; and (3) Take action to prevent a recurrence of the violation; and (e) The environmental requirement that was violated is not a requirement for which

the regulated person or regulatory facility was specifically required to comply pursuant

to a judicial or administrative order or consent agreement. 2. A written agreement that prescribes the scope, methods and schedule for conducting

an environmental audit may be reasonably modified if the regulated person and the

regulatory agency specifically agree to the modification. 3. If a federal statute or regulation provides for the imposition of a penalty for

a violation of an environmental requirement, the voluntary disclosure is, to the extent

permitted under the statute or regulation, a mitigating factor in determining the

amount of the penalty for the violation. 4. The presumption against administrative or civil liability does not limit the authority

of a regulatory agency to order a regulated person to comply with an environmental

requirement whose violation it discovered because the regulated person voluntarily

disclosed the results of an environmental audit.