Nevada § 590.100 - Powers and duties of State Sealer of Measurement Standards and Nevada Highway Patrol

§ 590.100. Powers and duties of State Sealer of Measurement Standards and Nevada Highway Patrol

The State Sealer of Measurement Standards is charged with the proper enforcement of NRS 590.010 to 590.150 , inclusive, and has the following powers and duties: 1. The State Sealer of Measurement Standards may publish reports relating to petroleum

products and motor vehicle fuel in such form and at such times as he or she deems

necessary. 2. The State Sealer of Measurement Standards, or the appointees thereof, shall inspect

and check the accuracy of all measuring devices for petroleum products and motor vehicle

fuel maintained in this State, and shall seal all such devices whose tolerances are

found to be within those prescribed by the National Institute of Standards and Technology. 3. The State Sealer of Measurement Standards, or the appointees thereof, or any member

of the Nevada Highway Patrol, may take such samples as he or she deems necessary of

any petroleum product or motor vehicle fuel that is kept, transported or stored within

the State of Nevada. If the person, or any officer, agent or employee thereof, from which a sample is

taken at the time of taking demands payment, then the person taking the sample shall

pay the reasonable market price for the quantity taken. 4. The State Sealer of Measurement Standards, or the appointees thereof, may close

and seal the outlets of any containers, pumps, dispensers or storage tanks connected

thereto which are unlabeled or mislabeled or which contain any petroleum product or

motor vehicle fuel which, if sold, would violate any of the provisions of NRS 590.010 to 590.150 , inclusive, and shall post, in a conspicuous place on the premises where those containers,

pumps, dispensers or storage tanks have been sealed, a notice stating that the action

of sealing has been taken in accordance with the provisions of NRS 590.010 to 590.150 , inclusive, and giving warning that it is unlawful to break, mutilate or destroy

the seal or seals thereof under penalty as provided in NRS 590.110 . 5. Upon closing and sealing an outlet pursuant to subsection 4, the State Sealer of

Measurement Standards, or the appointees thereof: (a) May take or cause to be taken meter readings and a physical inventory of the petroleum

product or motor vehicle fuel; and (b) If meter readings and an inventory are taken pursuant to paragraph (a), shall

ensure that the findings of the meter readings and physical inventory are reported

in the confirmation for disposition. 6. If a violation of any of the provisions of NRS 590.010 to 590.150 , inclusive, occurs at a bulk storage facility, the operator of the bulk storage facility

shall, within 12 hours after being notified by the State Sealer of Measurement Standards,

or the appointees thereof, of the violation, make any arrangements necessary to replace

or adjust the petroleum product or motor vehicle fuel so that the product or fuel

is no longer in violation. Except as otherwise provided in this subsection, the operator of the bulk storage

facility shall also, within 12 hours after being notified by the State Sealer of Measurement

Standards, or the appointees thereof, notify all customers that have or may have received

the petroleum product or motor vehicle fuel that is in violation. The operator of the bulk storage facility shall make available to the State Sealer

of Measurement Standards, or the appointees thereof, upon request, a complete list

of customers contacted and how such contact was made. The State Sealer of Measurement Standards may exempt from the notification requirement

a bulk storage facility where such a violation occurs if: (a) The petroleum product or motor vehicle fuel is used for blending purposes or is

designed for special equipment or services; and (b) The operator of the bulk storage facility can demonstrate that the distribution

of the petroleum product or motor vehicle fuel will be restricted to those uses. 7. Except as otherwise provided in this subsection, the State Sealer of Measurement

Standards, or the appointees thereof, shall, upon at least 24 hours' notice to the

owner, manager, operator or attendant of the premises where a container, pump, dispenser

or storage tank has been sealed pursuant to subsection 4, and at the time specified

in the notice, break the seal for the purpose of permitting the removal of the contents

of the container, pump, dispenser or storage tank. If the contents are not immediately and completely removed, the container, pump,

dispenser or storage tank must be again sealed. The requirement to provide 24 hours' notice pursuant to this subsection may be waived

if the State Sealer of Measurement Standards, or the appointees thereof, and the owner,

manager, operator or attendant of the premises where a container, pump, dispenser

or storage tank has been sealed agree in writing to the waiver. 8. After removing the contents pursuant to subsection 7 and before the contents may

be disposed of, the method of disposition of the contents must be agreed to by the

State Sealer of Measurement Standards, or the appointees thereof. 9. After the method of disposition of the contents is agreed to pursuant to subsection

8 and the disposition occurs, the person who disposes of the contents shall make available

in writing to the State Sealer of Measurement Standards, or the appointees thereof,

a confirmation of the disposition of the products in violation. Such a confirmation of disposition must include the volume, in gallons, of the petroleum

product or motor vehicle fuel that is transferred if the meter readings and physical

inventory are taken or caused to be taken pursuant to subsection 5. A confirmation of the disposition of the products in violation may be in the form

of: (a) A delivery ticket; (b) An invoice; (c) A bill of lading; (d) A bill of sale; (e) A terminal ticket; or (f) Any other proof of transfer that is approved by the State Board of Agriculture

pursuant to paragraph (a) of subsection 2 of NRS 590.071 . 10. The State Sealer of Measurement Standards shall adopt regulations which are necessary

for the enforcement of NRS 590.010 to 590.150 , inclusive. 11. It is unlawful for any person, or any officer, agent or employee thereof, to hinder,

obstruct or prevent, or attempt to hinder, obstruct or prevent, the State Sealer of

Measurement Standards, or the appointees thereof, or any member of the Nevada Highway

Patrol, in the performance of his or her duties described in this section, including,

without limitation, refusing to permit, during regular business hours, the State Sealer

of Measurement Standards, or the appointees thereof, or any member of the Nevada Highway

Patrol, access to property or equipment in this State. 12. As used in this section, “ bulk storage facility ” means a facility that is used to temporarily store a petroleum product or motor

vehicle fuel in bulk before distribution of the petroleum product or motor vehicle

fuel to retail, commercial or consumer outlets.