Nevada § 445C.320 - Fund for Cleaning Up Discharges of Petroleum: Expenditures for certain discharges; limitations; reimbursement

§ 445C.320. Fund for Cleaning Up Discharges of Petroleum: Expenditures for certain discharges; limitations; reimbursement

Notwithstanding any provision of NRS 445C.150 to 445C.410 , inclusive, to the contrary, and except as otherwise provided in this section: 1. The Division may expend not more than $2,000,000 from the Fund per fiscal year

as reimbursement for necessary costs incurred by the Division in the response to and

cleanup of discharges in the State, including discharges from a storage tank and discharges

from a mobile tank that occur during the transportation of petroleum or a petrochemical

on roads and highways. The Interim Finance Committee may approve the expenditure of more than $2,000,000

from the Fund in a fiscal year for the purposes described in this subsection. If a discharge also involves another hazardous material, the Division may expend

money pursuant to this section in the cleanup of the discharge and the other hazardous

material. The Division shall not expend money from the Fund pursuant to this section to clean

up discharges from pipelines. 2. Except as otherwise provided in this subsection, money from the Fund expended by

the Division pursuant to this section must be used to augment, and must not be used

to replace or supplant, any money available from other sources for the cleanup of

discharges, including, without limitation, reimbursements by operators required to

be made to the Division pursuant to NRS 445C.340 and 445C.360 . If no money is available from those other sources, the Division may expend money

from the Fund pursuant to this section to reimburse the Division for any costs specified

in subsection 1. 3. If the Division expends money pursuant to this section to clean up a discharge

involving: (a) Petroleum, the operator of the tank shall reimburse the Division for the operator's

share of the costs for cleaning up the discharge. (b) A petrochemical, the person who is responsible for the discharge shall reimburse

the Division for the person's share of the costs for cleaning up the discharge. The Division shall, upon being reimbursed pursuant to this subsection, deposit that

money in the Fund. 4. As used in this section: (a) “ Discharge ” means, unless authorized by state or federal law, any: (1) Release of a petrochemical into water or soil; or (2) Release, leaking or spilling of petroleum or a petrochemical from a tank into

water or soil. (b) “ Petrochemical ” means a chemical derived from petroleum or a petroleum feedstock, including, without

limitation, perchloroethylene and any degradation product of perchloroethylene. (c) “ Tank ” means a storage tank or a mobile tank used to transport petroleum or a petrochemical

received for sale or use in this State.