Section 445C.380 - Allocation of costs resulting from discharge from other storage tanks; additional allotments from Fund; requirement to hold public hearings under certain circumstances1. 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.Added to NRS by 2015, 3605; A 2021, 1865Amended by 2021, Ch. 314,§6, eff. 7/1/2021.Added by 2015, Ch. 526,§91, eff. 7/1/2015.