Nevada § 445C.380 - Allocation of costs resulting from discharge from other storage tanks; additional allotments from Fund; requirement to hold public hearings under certain circumstances

§ 445C.380. Allocation of costs resulting from discharge from other storage tanks; additional allotments from Fund; requirement to hold public hearings under certain circumstances

1. If the costs resulting from a discharge from any other storage tank exceed $5,000,

the costs must be paid as follows, to the extent applicable: (a) By an operator which is an agency, department, division or political subdivision

of the State, 10 percent or $10,000, whichever is less, of the first $1,000,000 for

cleaning up each storage tank and of the first $1,000,000 of liability for damages

from each storage tank to any person other than this State or the operator of the

storage tank, or both amounts. The balance of the first $1,000,000 for cleaning up each storage tank or for damages

from each storage tank must be paid from the Fund, but the total amount paid from

the Fund pursuant to this paragraph in any one fiscal year for discharges from two

or more storage tanks under the control of any one operator must not exceed $1,980,000

for cleaning up the tanks and $1,980,000 for damages. (b) By an operator which is a small business, 5 percent of the first $1,000,000 for

cleaning up each storage tank and of the first $1,000,000 of liability for damages

from each storage tank to a person other than this State or the operator of the storage

tank, or both amounts. The total amount paid by an operator pursuant to this paragraph must not exceed

$50,000 for cleaning up and $50,000 for damages regardless of the number of storage

tanks involved. The balance of the first $1,000,000 for cleaning up each storage tank or for damages

from each storage tank must be paid from the Fund, but the total amount paid from

the Fund pursuant to this paragraph in any one fiscal year for discharges from two

or more storage tanks under the control of any one operator must not exceed $1,950,000

for cleaning up the storage tanks and $1,950,000 for damages. For the purpose of this limitation, a group of operators more than 50 percent of

whose net worth is beneficially owned by the same person or persons constitutes one

operator. (c) By all other operators: (1) Ten percent of the first $1,000,000 for cleaning up each storage tank and of the

first $1,000,000 of liability for damages from each storage tank to a person other

than this State or the operator of the storage tank, or both amounts. (2) Ninety percent of the first $1,000,000 for cleaning up each storage tank and of

the first $1,000,000 of liability for damages from each storage tank must be paid

from the Fund. The total amount paid from the Fund pursuant to subparagraph (2) in any one fiscal

year for discharges from two or more storage tanks under the control of any one operator

must not exceed $1,800,000 for cleaning up the storage tanks and $1,800,000 for damages. For the purpose of this limitation, a group of operators more than 50 percent of

whose net worth is beneficially owned by the same person or persons constitutes one

operator. 2. Any further cost for damages which is in excess of the amount paid pursuant to

subsection 1 must be paid by the operator. 3. Except as otherwise provided in subsections 4 and 5, any further cost for cleaning

up which is in excess of the amount paid pursuant to subsection 1 must be paid by

the operator. 4. The Board may approve an operator to receive an additional allotment of not more

than $1,000,000 from the Fund for cleaning up discharged petroleum at the site of

a storage tank if: (a) The Division requires additional cleanup to occur in compliance with any of the

requirements of the Division concerning the cleanup of discharged petroleum; (b) The Board determines that: (1) The operator is in compliance with any requirements of the Division concerning

the cleanup of discharged petroleum; (2) The operator has obtained approval from the Division for a plan and a schedule

to clean up the discharged petroleum; (3) Except as otherwise provided in subparagraph (4), the operator is not liable pursuant

to subsection 1 of NRS 445C.390 ; (4) If the operator is liable pursuant to subsection 1 of NRS 445C.390 , the operator has complied with subsection 2 of NRS 445C.390 ; (5) The facility where the storage tank is located has complied with the applicable

provisions of NRS 459.800 to 459.856 , inclusive, for the immediately preceding 3 years; and (6) The operator has not received money for damages pursuant to subsection 1 before

July 1, 2021; and (c) The amount paid to the operator pursuant to subsection 1 for cleaning up the storage

tank has been exhausted. 5. In addition to an allotment made pursuant to subsection 4, the Board may approve

an operator to receive one or more additional allotments of not more than $1,000,000

per allotment from the Fund for cleaning up discharged petroleum at the site of a

storage tank if: (a) The Division requires additional cleanup pursuant to paragraph (a) of subsection

4; (b) The Board determines that the conditions in paragraph (b) of subsection 4 are

met; and (c) The amounts paid to the operator from the Fund for cleaning up discharged petroleum

at the site of the storage tank have been exhausted. 6. If the Board approves an additional allotment for cleaning up discharged petroleum

at the site of a storage tank pursuant to subsection 4 or 5, for each such allotment: (a) An operator which is an agency, department, division or political subdivision

of the State shall pay an amount equal to 10 percent or $10,000, whichever is less,

of the allotment for the costs of cleaning up discharged petroleum at the site of

the storage tank. (b) An operator which is a small business shall pay an amount equal to 5 percent of

the allotment for the costs of cleaning up discharged petroleum at the site of the

storage tank. (c) Any operator not described in paragraph (a) or (b) shall pay an amount equal to

10 percent of the allotment for the costs of cleaning up discharged petroleum at the

site of the storage tank. 7. A political subdivision of the State that receives money from the Fund pursuant

to subsection 1, 4 or 5 to pay for the costs of cleaning up shall hold one public

hearing upon initiation of the cleanup and one public hearing every 3 months thereafter

until the cleanup is completed to ensure that the cleanup complies with any requirements

of the Division concerning the cost-effectiveness of cleaning up. The costs incurred by the political subdivision for the hearing must not be attributed

to the political subdivision as part of the costs paid by the political subdivision

pursuant to subsection 1, 4 or 5. 8. For the purposes of this section, the Board shall define by regulation “small business.” 9. As used in this section, “ site ” means the facility, whether situated on a single parcel or on multiple adjacent

parcels, where the storage tank is located.