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

§ 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.