Nac: Chapter 590 - Motor Vehicle Fuel, Petroleum Products And Antifreeze

Link to law: http://www.leg.state.nv.us/nac/NAC-590.html
Published: 2015

[Rev. 2/11/2014 12:53:27 PM]

[NAC-590 Revised Date: 1-14]

CHAPTER 590 - MOTOR VEHICLE FUEL, PETROLEUM

PRODUCTS AND ANTIFREEZE

ANTIFREEZE

590.010            Adoption by reference of

specifications for antifreeze; additional specifications.

590.015            Inspection fee.

590.020            Prohibited acts.

590.030            Adoption by reference of standards

for prediluted antifreeze.

590.035            Availability of Volume 15.05,

“Engine Coolants,” of 2001 Annual Book of ASTM Standards.

FUELS

590.041            “Gallon” defined.

590.045            Availability of copies of standards

adopted by reference.

590.050            Diesel fuel oils: Adoption by

reference of standard specifications; posting of grade.

590.051            Biodiesel and diesel fuel: Adoption

by reference of standards; requirements for certain biodiesel fuel blends.

590.052            Fuel methanol: Adoption by

reference of standard specifications.

590.053            Ethanol fuel blends: Adoption by

reference of standard specifications.

590.054            Chemical composition of gases by

mass spectrometry: Adoption by reference of standard test method; restrictions

on hydrogen sold or supplied in State.

590.055            Aviation fuel: Adoption by

reference of specifications.

590.059            Motor vehicle fuel: Posting of

octane rating number on pump or other device; required accuracy of rating

number; posting of label indicating that fuel contains manganese.

590.061            Gasoline: Adoption by reference of

antiknock index for testing octane rating; determination of octane rating

number; proof of transfer of fuel.

590.065            Gasoline: Adoption by reference of

standard specifications; limitations on vapor pressure; minimum temperatures

for vapor lock; limitations on contents.

590.066            Gasoline: Request for variance from

compliance with motor vehicle fuel standards.

590.070            Administrative penalties for sale

of nonconforming fuel.

LIQUEFIED PETROLEUM GAS

General Provisions

590.100            Definitions.

590.110            “Approved” defined.

590.120            “Board” defined.

590.130            “Building” defined.

590.140            “Container” defined.

590.150            “Cylinder” defined.

590.160            “LP gas” defined.

590.190            “Property line” defined.

Licensing and Practice

590.235            Unlicensed installation, facility

or service: Operation or supply unlawful; recovery of license fees and

investigative costs and imposition of penalty fees.

590.240            Fees; reduction in certain fees for

holder of multiple classifications at same location.

590.241            Payment of charges billed to

licensee by Board; resolution of disputed charges.

590.243            Period of validity of license.

590.245            Renewal of expired license; fees.

590.250            Plans required to be submitted with

application for class 1, 2, 4 or 5 license; approval of plans.

590.253            Qualified persons: Connection with

or employment by licensee or applicant required for issuance or renewal of certain

licenses; performance of safety sensitive functions.

590.260            Residence.

590.270            Insurance.

590.280            Holder of class 1A, 1B or 2A

license: Disclosure of information; notification of new customer by licensee.

590.290            Holder of class 1 or class 2

license: Provision of certain information and notice; response to certain

requests.

590.311            Certificate of competency: Types.

590.315            Certificate of competency:

Application; reexamination without additional fee; additional certificate of

competency without additional fee.

590.320            Certificate of competency:

Examination of applicant or holder; waiver of examination.

590.340            Certificate of competency:

Issuance.

590.350            Certificate of competency:

Expiration.

590.360            Certificate of competency: Renewal.

590.365            Certificate of competency: Approval

of courses for continuing education.

590.380            Certificate of competency: Lapse;

suspension; revocation; reapplication.

Installations

590.450            Installation for dispensing LP gas

for resale.

590.452            Installation and modification of LP

gas equipment.

590.454            Installation for dispensing LP gas.

590.456            Installation of cabinet for LP gas

cylinder exchange.

590.460            Installation of tanks.

590.480            Installation of underground tank;

removal of abandoned tank.

590.500            Transfer of gas.

590.520            Reports of accidents.

590.530            Condemnation of installations.

Containers

590.550            Maintenance of access.

590.560            Disconnection from service; removal

at request of customer; licensee prohibited from charging fee solely for

termination of service by customer.

Regulations Adopted by Reference

590.600            Adoption by reference of

regulations for liquefied petroleum gas.

590.610            Adoption by reference of

regulations for fuel gas.

590.615            Adoption by reference of

regulations for use of flame effects before audience.

590.620            Adoption by reference of

regulations for manufactured home installations, sites and communities.

590.640            Adoption by reference of

regulations for recreational vehicles.

Administrative Proceedings

590.644            Definitions.

590.646            Limitation on time for filing

complaint against licensee or request for mediation.

590.647            Staff: Logging and recording of

certain records.

590.648            Confidentiality of certain

documents and information

590.650            Filing of accusation against

licensee; resolution of matter.

590.654            Informal complaint: Filing and

processing; notification of licensee; response; review and investigation;

production and copying of records and other evidence.

590.657            Procedure following investigation

of informal complaint; notice of hearing and formal complaint; answer.

590.660            Joining of formal complaints.

590.664            Exchange of copies of documents and

lists of witnesses.

590.667            Discovery.

590.670            Prehearing conference; orders and

rulings on preliminary matters.

590.674            Motions.

590.677            Hearings: Procedure; documents

included in record; posthearing briefs.

590.680            Hearings: Appearance and

representation of parties.

590.684            Disciplinary proceedings: Grounds

for discipline.

590.687            Disciplinary proceedings: Final

order or decision of Board.

590.690            Board authorized to recover

investigative costs and impose penalty fees for violation of NRS 590.535.

CLEANUP OF DISCHARGED PETROLEUM

590.700            Definitions.

590.710            Interpretation of certain statutory

terms.

590.714            Designation as “small business.”

590.720            Adoption by reference of certain

provisions of Code of Federal Regulations and International Fire Code.

590.730            Annual fee and application for

registration of storage tank; letter of coverage.

590.740            Testing and inspection of storage

tanks.

590.750            Financial responsibility of

operators.

590.760            Discharges: Duties of operators.

590.765            Operator to notify Division of

civil action for damages; submission of order of judgment or settlement

agreement required for payment from Fund.

590.770            Discharges: Authority of

Administrator of Division.

590.774            Factors considered in determining

necessity for cleanup of discharge from certain storage tanks.

590.780            Form of claim for reimbursement;

time limitations for filing claims for reimbursement; payment to operator,

vendor or contractor; payment required of operator; payment of per diem

allowance and travel expenses.

590.790            Severability of provisions.

FEE FOR CERTAIN FUELS AND HEATING OIL

590.800            Payment by dealers and suppliers.

590.810            Provision of refund or credit for

exportation.

 

ANTIFREEZE

      NAC 590.010  Adoption by reference of specifications for antifreeze;

additional specifications. (NRS 590.400)  Except

as otherwise provided in NAC 590.030:

     1.  The specifications for antifreeze based

on ethylene glycol and the specifications for antifreeze based on propylene

glycol contained in Volume 15.05, “Engine Coolants,” of the 2001 Annual Book

of ASTM Standards, ASTM designation D3306-00a, are hereby adopted by

reference.

     2.  The chemical and physical properties of

any antifreeze other than those classified in subsection 1 must be:

 



     Water, mass %.............................................





                                                            5

max







     Specific gravity 60°F/60°F..........................     





                                                  1.11

to 1.15







     pH (33% by volume) 7.5

to 11...................





                                                       7.5

to 11







     Equilibrium boiling point............................





                                                     300°F

min







     Freezing point, 50% by

volume..................





                                                     -34°F

max







     Foaming test





 







          Increase in volume at 5

minutes.............





                                                   150

ml max







     Break time...................................................





                                                      5

sec max







 

     3.  In addition to the properties listed in

subsection 2, any antifreeze other than those classified in subsection 1 must

meet the following specifications for corrosion (loss of weight per specimen):

 



     Copper.........................................................





                                                    10

mg max







     Solder..........................................................





                                                    20

mg max







     Brass............................................................





                                                    10

mg max







     Steel.............................................................





                                                    10

mg max







     Cast iron......................................................





                                                    10

mg max







     Aluminum....................................................





                                                    30

mg max







 

     4.  Any other test method may be used if the

State Sealer of Consumer Equitability determines that another method produces

results equivalent to the results of the specified method. A method approved by

ASTM International that has not yet been published shall be deemed to meet the

appropriate criteria.

     [Dep’t of Agriculture, No. 90.30, eff. 5-1-73]—(NAC A 3-17-86;

8-9-94; A by St. Sealer of Weights & Measures by R149-98, 12-14-98; R200-01,

5-31-2002)

      NAC 590.015  Inspection fee. (NRS 590.380)  A

manufacturer, packer, seller or distributor of antifreeze shall pay an

inspection fee of $50 for each brand of antifreeze submitted to the State Sealer

of Consumer Equitability for inspection pursuant to NRS 590.380.

     (Added NAC by Bd. of Agriculture by R097-99, 12-10-99,

eff. 1-1-2000)

      NAC 590.020  Prohibited acts. (NRS 590.400)  A person

shall not sell or distribute an antifreeze that is not based on glycols for use

in an internal combustion engine.

     [Dep’t of Agriculture, No. 90.31, eff. 5-1-73]—(NAC A 3-17-86;

8-9-94)

      NAC 590.030  Adoption by reference of standards for prediluted antifreeze. (NRS 590.400)

     1.  The minimum standards of chemical and

physical properties for an antifreeze which:

     (a) Is labeled as prediluted antifreeze; and

     (b) Displays prominently on the front label the

words “DO NOT ADD WATER,”

Ê contained in

Volume 15.05, “Engine Coolants,” of the 2001 Annual Book of ASTM Standards,

ASTM designation D3306-00a, are hereby adopted by reference.

     2.  Any other test method may be used if the

State Sealer of Consumer Equitability determines that another method produces

results equivalent to the results of the specified method. A method approved by

ASTM International that has not yet been published shall be deemed to meet the

appropriate criteria.

     [Dep’t of Agriculture, No. 90.32, eff. 5-1-73]—(NAC A 8-9-94;

A by St. Sealer of Weights & Measures by R149-98, 12-14-98; R200-01, 5-31-2002)

      NAC 590.035  Availability of Volume 15.05, “Engine Coolants,” of 2001

Annual Book of ASTM Standards. (NRS 590.400)  Volume

15.05, “Engine Coolants,” of the 2001 Annual Book of ASTM Standards, is

available for inspection at the office of the State Department of Agriculture,

350 Capitol Hill Avenue, Reno, Nevada 89502. The volume may be purchased at a

cost of $140 from ASTM International, 100 Barr Harbor Drive, West Conshohocken,

Pennsylvania 19428.

     (Added to NAC by Bd. of Agriculture, eff. 8-9-94; A by

St. Sealer of Weights & Measures by R149-98, 12-14-98; R200-01, 5-31-2002)

FUELS

      NAC 590.041  “Gallon” defined. (NRS 590.070)  As used

in NAC 590.041 to 590.070,

inclusive, unless the context otherwise requires, “gallon” means 231 cubic

inches.

     (Added to NAC by Dep’t of Agriculture, eff. 3-27-92; A

by Bd. of Agriculture, 11-18-93; R145-98, 12-14-98; R064-01, 12-17-2001; R010-09,

10-27-2009)

      NAC 590.045  Availability of copies of standards adopted by reference. (NRS 590.070,

590.073, 590.100)  A copy of each standard

adopted by reference pursuant to NAC 590.041 to 590.070, inclusive, is available for inspection at the

offices of the State Department of Agriculture located at 405 South 21st

Street, Sparks, Nevada 89431, and 2300 McLeod Street, Las Vegas, Nevada 89104.

     (Added to NAC by St. Sealer of Weights & Measures,

eff. 3-5-90; A by Dep’t of Agriculture, 3-27-92; A by St. Sealer of Weights

& Measures, 11-18-93; A by Bd. of Agriculture, 8-9-94; R145-98, 12-14-98; A

by St. Sealer of Weights & Measures by R149-98, 12-14-98; A by Bd. of

Agriculture by R176-01, 5-31-2002; R106-10, 2-20-2013)

      NAC 590.050  Diesel fuel oils: Adoption by reference of standard

specifications; posting of grade. (NRS 590.070, 590.100)

     1.  Except as otherwise provided in

subsection 2, the State Board of Agriculture hereby adopts by reference ASTM

D975, “Standard Specification for Diesel Fuel Oils,” contained in Volume 05.01,

“Petroleum Products and Lubricants,” of the 2010 Annual Book of ASTM

Standards published by ASTM International. Each new revision of that

standard shall be deemed approved by the Board unless the revision is

disapproved by the Board or its designee within 120 days after the date of

publication of the revision by ASTM International. A copy of the standard is

available for inspection pursuant to NAC 590.045

and may be purchased from ASTM International, 100 Barr Harbor Drive, West

Conshohocken, Pennsylvania 19428-2959, or at the Internet address http://www.astm.org,

for the price of $59.

     2.  The flash point for No. 2 diesel fuel oil

must not be lower than 37.8 degrees Celsius (100 degrees Fahrenheit) when the

No. 2 diesel fuel oil has been treated to prevent gelling and the No. 2 diesel

fuel oil has been labeled “winterized.”

     3.  The grade assigned by ASTM International

for diesel fuel oil:

     (a) Dispensed from a pump or other device for

dispensing the diesel fuel oil must be posted on that pump or device.

     (b) Transported or stored in a vehicle which is

used for the delivery of diesel fuel oil must be posted on the label of that

vehicle as required pursuant to NRS

590.040.

     4.  Any other test method may be used if the

State Sealer of Consumer Equitability determines that another method produces

results equivalent to the results of the specified method. A method approved by

ASTM International that has not yet been published shall be deemed to meet the

appropriate criteria.

     (Added to NAC by Dep’t of Agriculture, eff. 12-9-81; A

by St. Sealer of Weights & Measures, 3-5-90; A by Dep’t of Agriculture, 3-27-92;

A by Bd. of Agriculture, 11-18-93; R145-98, 12-14-98; R176-01, 5-31-2002; R106-10,

2-20-2013)

      NAC 590.051  Biodiesel and diesel fuel: Adoption by reference of standards;

requirements for certain biodiesel fuel blends. (NRS 590.070,

590.100)

     1.  Except as otherwise provided in this

section, the State Board of Agriculture hereby adopts by reference the

following standards for biodiesel and diesel fuel set forth in Volumes 05.01,

05.03 and 05.04, “Petroleum Products and Lubricants,” of

the 2010 Annual Book of ASTM Standards published

by ASTM International:

     (a) ASTM D6751, “Standard Specification for

Biodiesel Fuel Blend Stock (B100) for Middle Distillate Fuels”;

     (b) ASTM D7467, “Standard Specification for Diesel

Fuel Oil, Biodiesel Blend (B6 to B20)”; and

     (c) ASTM D975, “Standard Specification for Diesel

Fuel Oils.”

Ê Each new

revision of those standards shall be deemed approved by the Board unless the

revision is disapproved by the Board or its designee within 120 days after the

date of publication of the revision by ASTM International. Each standard is

available for inspection pursuant to NAC 590.045

and may be purchased from ASTM International, 100 Barr Harbor Drive, West

Conshohocken, Pennsylvania 19428, or at the Internet address http://www.astm.org.

The price of ASTM D6751 is $41, the price of ASTM D7467 is $47 and the price of

ASTM D975 is $59.

     2.  The ratio for biodiesel fuel blended in

accordance with ASTM D7467 must be not less than 6 percent but not more than 20

percent by volume of biodiesel fuel which complies with the specifications for

feedstock and composition set forth in ASTM D6751. The remainder of the

biodiesel blend which contains not less than 6 percent but not more than 20

percent by volume of biodiesel fuel must comply with the requirements for

diesel fuel set forth in NAC 590.050.

     3.  Biodiesel fuel blends which contain not

more than 5 percent by volume of biodiesel fuel must comply with the

requirements for diesel fuel set forth in NAC 590.050.

     (Added to NAC by Bd. of Agriculture by R064-01, eff. 12-17-2001;

A by R209-08, 1-28-2010; R106-10, 2-20-2013)

      NAC 590.052  Fuel methanol: Adoption by reference of standard specifications. (NRS 590.070,

590.100)

     1.  The State Board of Agriculture hereby

adopts by reference ASTM D5797, “Standard Specification for Fuel Methanol

(M70-M85) for Automotive Spark-Ignition Engines,” as set forth in Volume 05.02,

“Petroleum Products and Lubricants,” of the 2010 Annual Book

of ASTM Standards published by ASTM International. Each new

revision of that standard shall be deemed approved by the Board unless the

revision is disapproved by the Board or its designee within 120 days after the

date of publication of the revision by ASTM International.

     2.  The standard is available for inspection

pursuant to NAC 590.045 and may be purchased from

ASTM International, 100 Barr Harbor Drive, West Conshohocken, Pennsylvania

19428-2959, or at the Internet address http://www.astm.org, for the

price of $47.

     (Added to NAC by Bd. of Agriculture by R064-01, eff. 12-17-2001;

A by R106-10, 2-20-2013)

      NAC 590.053  Ethanol fuel blends: Adoption by reference of standard

specifications. (NRS 590.070, 590.100)

     1.  The State Board of Agriculture hereby

adopts by reference ASTM D5798, “Standard Specification for Ethanol Fuel Blends

for Flexible-Fuel Automotive Spark-Ignition Engines,” set forth in Volume

05.02, “Petroleum Products and Lubricants,” of the 2010 Annual

Book of ASTM Standards published by ASTM International. Each

new revision of that standard shall be deemed approved by the Board unless the

revision is disapproved by the Board or its designee within 120 days after the

date of publication of the revision by ASTM International.

     2.  The standard is available for inspection

pursuant to NAC 590.045 and may be purchased from

ASTM International, 100 Barr Harbor Drive, West Conshohocken, Pennsylvania

19428-2959, or at the Internet address http://www.astm.org, for the

price of $41.

     (Added to NAC by Bd. of Agriculture by R064-01, eff. 12-17-2001;

A by R106-10, 2-20-2013)

      NAC 590.054  Chemical composition of gases by mass spectrometry: Adoption by

reference of standard test method; restrictions on hydrogen sold or supplied in

State. (NRS 590.070, 590.100)

     1.  The State Board of Agriculture hereby

adopts by reference ASTM D2650, “Standard Test Method for Chemical Composition

of Gases By Mass Spectrometry,” set forth in Volume 05.01, “Petroleum Products

and Lubricants,” of the 2010 Annual Book of ASTM Standards

published by ASTM International. Each new revision of that standard shall be

deemed approved by the Board unless the revision is disapproved by the Board or

its designee within 120 days after the date of publication of the revision by

ASTM International. The standard is available for inspection pursuant to NAC 590.045 and may be purchased from ASTM

International, 100 Barr Harbor Drive, West Conshohocken, Pennsylvania

19428-2959, or at the Internet address http://www.astm.org, for the

price of $41.

     2.  A person shall not sell, offer for sale,

supply or offer to supply in this State any hydrogen that is intended for use

in a vehicle if the hydrogen, after it is analyzed in accordance with ASTM

D2650, contains:

     (a) Less than 98 percent per mole of hydrogen;

     (b) Less than 99.9 percent per mole of any

combination of hydrogen, water and oxygen; or

     (c) More than 0.01 percent per mole of total

hydrocarbons.

     3.  Any hydrogen specified in subsection 2

must not contain any dust, sand, dirt, gum, oil or other substance in an amount

which may damage any equipment located at a fueling station or a vehicle being

fueled at that station. If the hydrogen is introduced in gaseous form into a

vehicle’s system for storing fuel, the hydrogen under ambient conditions must

have a distinctive odor which may be detected in a concentration in air of not

more than one-fifth of the lower limit of flammability.

     (Added to NAC by Bd. of Agriculture by R064-01, eff. 12-17-2001;

A by R106-10, 2-20-2013)

      NAC 590.055  Aviation fuel: Adoption by reference of specifications. (NRS 590.073,

590.100)

     1.  The State Sealer of Consumer Equitability

hereby adopts by reference the specifications for aviation fuel contained in

Volume 05.01, “Petroleum Products and Lubricants (I),” of the 2002 Annual

Book of ASTM Standards, ASTM designations D910-00 and D1655-01.

     2.  Any other test method may be used if the

State Sealer of Consumer Equitability determines that another method produces

results equivalent to the results of the specified method. A method approved by

ASTM International that has not yet been published shall be deemed to meet the appropriate

criteria.

     (Added to NAC by St. Sealer of Weights & Measures,

eff. 3-5-90; A 11-18-93; R149-98, 12-14-98; R200-01, 5-31-2002)

      NAC 590.059  Motor vehicle fuel: Posting of octane rating number on pump or

other device; required accuracy of rating number; posting of label indicating

that fuel contains manganese. (NRS 590.070, 590.100)

     1.  The octane rating number of the motor

vehicle fuel from the proof of transfer must be posted on the pump or other

device for dispensing the motor vehicle fuel.

     2.  The octane rating number of the product

that is in the pump or other device for dispensing motor vehicle fuel must not

be lower than the octane rating that is posted on the pump or device.

     3.  In addition to the requirements set forth

in subsections 1 and 2, any person who sells motor vehicle fuel at retail

shall, if the motor vehicle fuel contains manganese or any compound containing

manganese, including, without limitation, MMT, post on the pump or other device

for dispensing the motor vehicle fuel a label which:

     (a) Meets the requirements of subsections 4 and 6;

     (b) Is affixed during any period required by

subsection 5; and

     (c) Includes the following language:

 

WARNING: Read label before dispensing

fuel.

Motor vehicle fuel contains

manganese, manganese compound or MMT.

Recommend vehicle operator consult

owner’s manual before using this motor fuel.

 

     4.  The label required pursuant to subsection

3 must:

     (a) Be legible and conspicuous;

     (b) Be at least as large as 4 inches wide by 4

inches long;

     (c) Consist of black ink on a background that is

white; and

     (d) Be written in at least 12-point font.

     5.  The label required pursuant to subsection

3 must be affixed to the applicable pump or other device for dispensing motor

vehicle fuel in the manner described in subsection 6:

     (a) At the time motor vehicle fuel containing

manganese or any compound containing manganese, including, without limitation,

MMT, is loaded into or otherwise placed in a storage tank from which the pump

or other device for dispensing motor vehicle fuel draws its supply of fuel, and

before the pump or other device for dispensing motor vehicle fuel may be used

to dispense such fuel;

     (b) For 6 months immediately after the time

specified in paragraph (a); and

     (c) For an additional 6 months immediately after

any subsequent instance in which motor vehicle fuel containing manganese or any

compound containing manganese, including, without limitation, MMT, is loaded

into or otherwise placed in a storage tank from which the pump or other device

for dispensing motor vehicle fuel draws its supply of fuel.

     6.  The label required pursuant to subsection

3 must, during any period specified in subsection 5, be affixed:

     (a) To the exterior of each side of the pump or

other device for dispensing motor vehicle fuel from which a consumer may

dispense the fuel; and

     (b) In a manner that is conspicuous and readily

observable by the consumer.

     7.  The labels described in subsections 3 to

6, inclusive, may be obtained free of charge from the Division of Consumer

Equitability of the State Department of Agriculture, 2150 Frazer Avenue,

Sparks, Nevada 89431.

     8.  As used in this section, “MMT” means

methylcyclopentadienyl manganese tricarbonyl.

     (Added to NAC by St. Sealer of Weights & Measures,

eff. 10-23-91; A by Bd. of Agriculture, 2-20-96; R189-12, 12-23-2013, eff. 1-1-2014)

      NAC 590.061  Gasoline: Adoption by reference of antiknock index for testing

octane rating; determination of octane rating number; proof of transfer of

fuel. (NRS 590.070, 590.100)

     1.  The State Board of Agriculture hereby

adopts by reference the antiknock index for testing the octane rating of

gasoline that is defined in ASTM D4814, “Standard Specification for Automotive Spark-Ignition

Engine Fuel,” adopted by reference pursuant to NAC

590.065.

     2.  Gasoline that is brought into this State

for delivery to a person in this State must have an octane rating number which

is determined by the antiknock index method described in subsection 1.

     3.  A person who transfers fuel to a person

in this State, other than the consumer of the fuel, shall provide a proof of

transfer to the person receiving the fuel. The proof of transfer must be:

     (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.

     4.  The proof of transfer must contain:

     (a) The name of the person making the transfer;

     (b) The name of the person to whom the fuel is

transferred;

     (c) The date of the transfer; and

     (d) If the fuel is gasoline, the octane rating

number of the gasoline.

     5.  The person receiving the fuel must keep a

copy of the proof of transfer at the location at which the fuel was received

for not less than 30 days after the date of the delivery of the fuel. After

that period, the proof of transfer must be retained at any location for not

less than 1 year after the date of the delivery of the fuel and be made

available to the State Department of Agriculture upon request.

     6.  Any other test method may be used if the

State Sealer of Consumer Equitability determines that another method produces

results equivalent to the results of the specified method. A method approved by

ASTM International that has not yet been published shall be deemed to meet the

appropriate criteria.

     (Added to NAC by St. Sealer of Weights & Measures,

eff. 10-23-91; A 11-18-93; A by Bd. of Agriculture by R145-98, 12-14-98; R176-01,

5-31-2002; R106-10, 2-20-2013)

      NAC 590.065  Gasoline: Adoption by reference of standard specifications;

limitations on vapor pressure; minimum temperatures for vapor lock; limitations

on contents. (NRS 561.105, 590.070)

     1.  Except as otherwise provided in this

section, the State Board of Agriculture hereby adopts by reference ASTM D4814,

“Standard Specification for Automotive Spark-Ignition Engine Fuel,” contained

in Volume 05.02, “Petroleum Products and Lubricants,” of the 2010

Annual Book of ASTM Standards published by ASTM International. Each new

revision of that standard shall be deemed approved by the Board unless the

revision is disapproved by the Board or its designee within 120 days after the

date of publication of the revision by ASTM International. The standard is

available for inspection pursuant to NAC 590.045

and may be purchased from ASTM International, 100 Barr Harbor Drive, West

Conshohocken, Pennsylvania 19428-2959, or at the Internet address http://www.astm.org,

for the price of $59.

     2.  Notwithstanding the provisions of Table 4

(“Schedule of Seasonal and Geographical Volatility Classes”) of ASTM D4814 that

apply to this State, the schedule that is designated in Table 4 for the area of

this State that lies north of the 38th degree of north latitude applies to the

entire area of this State unless the United States Environmental Protection

Agency requires a county to comply with a different requirement relating to

vapor pressure.

     3.  Except as otherwise provided in

subsection 5, gasoline:

     (a) Sold between June 1 and September 15 of each

calendar year containing:

          (1) Not less than 9 percent ethanol by volume

and not more than 10 percent ethanol by volume must not exceed the limits for

vapor pressure set forth in ASTM D4814 by more than 1 pound per square inch.

          (2) Less than 9 percent ethanol by volume must

not exceed the limits specified in ASTM D4814.

     (b) Sold during any other period in a calendar year

containing not more than 10 percent ethanol by volume must not exceed the

limits specified in ASTM D4814 by more than 1 pound per square inch.

     4.  Until May 1, 2012, or until ASTM D4814 is

amended to incorporate changes to the minimum temperature for vapor lock for

the following classes to include the effects of volatility of not more than 10

percent of ethanol by volume, whichever occurs first, the minimum temperature

for a vapor-liquid ratio of 20 for the applicable class of vapor lock

protection for a blend of gasoline and ethanol is:

     (a) For class 1, 54 degrees Centigrade (129 degrees

Fahrenheit).

     (b) For class 2, 50 degrees Centigrade (122 degrees

Fahrenheit).

     (c) For class 3, 47 degrees Centigrade (116 degrees

Fahrenheit).

     (d) For class 4, 41.5 degrees Centigrade (107

degrees Fahrenheit).

     (e) For class 5, 39 degrees Centigrade (102 degrees

Fahrenheit).

     (f) For class 6, 35 degrees Centigrade (95 degrees

Fahrenheit).

Ê Gasoline and

any blend of gasoline and ethanol that is sold in the area of this State which

is east of the 117th degree of west longitude and north of the 38th degree of

north latitude must meet the minimum temperatures for vapor lock protection set

forth in ASTM D4814.

     5.  Gasoline and any blend of gasoline and

ethanol sold in Clark County between October 1 and the following March 31 must

not exceed a vapor pressure of 13.5 pounds per square inch.

     6.  A person shall not sell, offer for sale,

supply or offer to supply in this State any gasoline intended for use in a

vehicle which is primarily driven on a highway if:

     (a) It contains more than 0.05 gram of lead per

gallon;

     (b) It contains more than 0.005 gram of phosphorus

per gallon;

     (c) It contains more than 10 percent ethanol by

volume; or

     (d) It contains more than 95 parts per million of

sulfur.

     7.  Any other test method may be used if the

State Sealer of Consumer Equitability determines that another method produces

results equivalent to the results of the specified method. A method approved by

ASTM International that has not yet been published shall be deemed to meet the

appropriate criteria.

     (Added to NAC by Bd. of Agriculture, eff. 3-5-90; A by

Dep’t of Agriculture, 3-27-92; A by Bd. of Agriculture, 11-18-93; 11-2-94; 2-20-96;

10-22-97; R145-98, 12-14-98; R176-01, 5-31-2002; R002-04, 9-21-2004; R111-08, 1-28-2010;

R032-10, 6-30-2010; R106-10, 2-20-2013)

      NAC 590.066  Gasoline: Request for variance from compliance with motor vehicle

fuel standards. (NRS 590.070)

     1.  Except as otherwise provided in subsection

6, a supplier may submit a request to the Director of the State Department of

Agriculture or the Director’s designee for a variance of not more than 30 days

to supply motor vehicle fuel that does not meet the standards set forth in NAC 590.065 if the supplier demonstrates that a

disruption in supply exists or is imminent.

     2.  If a supplier requests a variance

pursuant to subsection 1, the supplier shall provide the following information

in writing to the Director or the Director’s designee:

     (a) The specific supply conditions that may result

in a shortage of motor vehicle fuel, without disclosing any proprietary

information of the supplier;

     (b) The specific geographic area to which the

variance will apply;

     (c) The period for which the variance will be in

effect; and

     (d) The type of motor vehicle fuel proposed for

distribution or sale.

     3.  The Director or the Director’s designee

shall notify:

     (a) The supplier in writing within 24 hours after

receipt of the request for a variance as to whether the request is granted,

unless otherwise agreed upon by both parties. Approval of a variance must be

based on information which demonstrates that a disruption in supply exists or

is imminent, and such approval is applicable to all suppliers within the

specified geographic area for the approved period.

     (b) The Motor Carrier Division of the Department of

Motor Vehicles and other interested parties of any variance granted by the

State Department of Agriculture. A list of interested parties must be kept on

file by the State Department of Agriculture.

     4.  The Director or the Director’s designee

may authorize an extension of a variance approved pursuant to this section, not

to exceed 30 days, if the supplier demonstrates in writing that the conditions

identified in the initial request continue to exist.

     5.  Except as otherwise provided in NRS 239.010, the Director or the

Director’s designee shall keep confidential any proprietary or competitively

sensitive information specific to the supplier which the Director or the

Director’s designee acquires during the process of granting or denying a

variance pursuant to this section and shall not disclose the information to the

public or any other state agency or entity.

     6.  A variance may not be granted pursuant to

this section if the motor vehicle fuel is to be sold in a geographic area for

which fuel specifications are prescribed in the State Implementation Plan.

     7.  Approval of a variance by the Director or

the Director’s designee does not waive the reporting requirements or any

applicable taxes and fees pursuant to chapters

360A, 365, 366, 373

and 590 of NRS.

     8.  As used in this section:

     (a) “Disruption in supply” means an unusual

condition, either natural or man-made, that may impede the production,

transportation, distribution or sale of motor vehicle fuel which meets the

standards set forth in NAC 590.065 in sufficient

quantity to meet sustainable demands.

     (b) “State Implementation Plan” has the meaning

ascribed to it in NAC 486A.125.

     (c) “Supplier” has the meaning ascribed to it in NRS 365.084.

     (Added to NAC by Bd. of Agriculture by R010-09, eff. 10-27-2009)

      NAC 590.070  Administrative penalties for sale of nonconforming fuel. (NRS 590.070,

590.071)  For any

violation of the provisions of NRS

590.070, including any violation of standards relating to diesel fuel, the

State Board of Agriculture may:

     1.  For the first violation, issue a written

warning, impose a fine of not more than $2,000 for each day the violation continues,

or issue a warning and impose a fine.

     2.  For the second violation, impose a fine

of not more than $3,500 for each day the violation continues.

     3.  For the third or subsequent violation,

impose a fine of not more than $5,000 for each day the violation continues.

     (Added to NAC by Bd. of Agriculture, eff. 3-5-90; A 11-2-92)

LIQUEFIED PETROLEUM GAS

General Provisions

      NAC 590.100  Definitions. (NRS 590.505)  As used

in NAC 590.100 to 590.690,

inclusive, unless the context otherwise requires, the words and terms defined

in NAC 590.110 to 590.190,

inclusive, have the meanings ascribed to them in those sections.

     (Supplied in codification; A by Bd. for Reg. of

Liquefied Petrol. Gas, 7-19-90; 5-27-92; R141-01, 7-30-2002; R014-03, 2-18-2004;

R148-05, 2-23-2006)

      NAC 590.110  “Approved” defined. (NRS 590.505)  “Approved”

means approval by the Board.

     [Liquefied Petroleum Gas Bd., part Definitions, eff. 5-31-74]

      NAC 590.120  “Board” defined. (NRS 590.505)  “Board”

means the Board for the Regulation of Liquefied Petroleum Gas.

     [Liquefied Petroleum Gas Bd., part Definitions, eff. 5-31-74]—(NAC

A by Bd. for Reg. of Liquefied Petrol. Gas, 12-23-91; 5-27-92)

      NAC 590.130  “Building” defined. (NRS 590.505)  “Building”

means any structure that is used or intended for supporting or sheltering any

use or occupancy.

     [Liquefied Petroleum Gas Bd., part Definitions, eff. 5-31-74]—(NAC

A by Bd. for Reg. of Liquefied Petrol. Gas, 12-23-91)

      NAC 590.140  “Container” defined. (NRS 590.505)  “Container”

has the meaning ascribed to it in Publication 58, Liquefied Petroleum

Gas Code, issued by the National Fire Protection Association.

     [Liquefied Petroleum Gas Bd., part Definitions, eff. 5-31-74]—(NAC

A by Bd. for Reg. of Liquefied Petrol. Gas, 12-23-91; R014-03, 2-18-2004)

      NAC 590.150  “Cylinder” defined. (NRS 590.505)  “Cylinder”

has the meaning ascribed to it in Publication 58, Liquefied Petroleum Gas

Code, issued by the National Fire Protection Association.

     [Liquefied Petroleum Gas Bd., part Definitions, eff. 5-31-74]—(NAC

A by Bd. for Reg. of Liquefied Petrol. Gas, 12-23-91; R014-03, 2-18-2004)

      NAC 590.160  “LP gas” defined. (NRS 590.505)  “LP gas”

has the meaning ascribed to it in subsection 2 of NRS 590.475.

     [Liquefied Petroleum Gas Bd., part Definitions, eff. 5-31-74]—(NAC

A by Bd. for Reg. of Liquefied Petrol. Gas, 12-23-91)

      NAC 590.190  “Property line” defined. (NRS 590.505)  “Property

line” means a line, imaginary or otherwise, separating a property from that of

public or other ownership.

     [Liquefied Petroleum Gas Bd., part Definitions, eff. 5-31-74]

Licensing and Practice

      NAC 590.235  Unlicensed installation, facility or service: Operation or supply

unlawful; recovery of license fees and investigative costs and imposition of

penalty fees. (NRS 590.505, 590.515, 590.535)

     1.  It is unlawful for a person or business

to operate or supply an unlicensed installation, facility or service that is

required to be licensed pursuant to NRS

590.535.

     2.  The Board may:

     (a) Recover license fees and investigative costs

from, and impose penalty fees on, unlicensed dealers, sellers, installations

and facilities.

     (b) Recover investigative costs from and impose

penalty fees on a person or business that supplies an unlicensed dealer,

seller, installation or facility.

     3.  The license fee recovery is the sum of

the current license fee multiplied by the number of years of unlicensed

operation. The amount of the penalty fee is the license fee recovery multiplied

by five.

     4.  For the purposes of calculating the

license fee recovery and penalty fees pursuant to this section, a minimum of 1

day of unlicensed operation is necessary to establish 1 year of unlicensed

operation.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas

by R148-05, eff. 2-23-2006; A by R073-10, 12-16-2010)

      NAC 590.240  Fees; reduction in certain fees for holder of multiple

classifications at same location. (NRS 590.505, 590.515, 590.549)

     1.  Except as otherwise provided in

subsection 2, the Board will charge and collect the following fees:

 



          Class 1A:





 







               Fee for an

application for a license.....................................................





                              $70







               Annual

fee for a license for a dealer who sells or distributes 250,000 gallons or

more of LP gas................................................





                              925







               Fee for inspecting

each storage tank, plant facility or truck tank......





                              105







          Class 1B:





 







               Fee for an

application for a license.....................................................





                                70







               Annual

fee for a license for a dealer who sells or distributes less than 250,000

gallons of LP gas.....................................................





                              660







               Fee for inspecting

each storage tank, plant facility or truck tank......





                              105







          Class 2A:





 







               Fee for an

application for a license.....................................................





                                70







               Annual

fee for a license for a business engaged in the delivery of prefilled LP gas

exchange cylinders..............................................





                              135







               Fee for inspecting

each site for the storage of prefilled cylinders.....





                              105







          Class 2B:





 







               Fee for an

application for a license.....................................................





                                70







               Annual

fee for a license for a business engaged in the operation of an LP gas

cylinder exchange site...................................................





                                65







               Fee

for inspecting each site where a cabinet for the storage of cylinders which

are available for exchange or sale is located........





                                50







          Class 3A:





 







               Fee for an

application for a license.....................................................





                                70







               Annual

fee for a license for a business engaged in the installation or repair of LP

gas vapor piping, appliances or venting.....................





                              135







          Class 3B:





 







               Fee for an

application for a license.....................................................     





                                70







               Annual

fee for a license for a business engaged in the installation or repair of LP

gas systems installed on recreational vehicles...........     





                              135







          Class 3C:





 







               Fee for an

application for a license.....................................................     





                                70







               Annual

fee for a license for a business engaged in the installation or repair of LP

gas industrial facilities...............................................





                              135







          Class 3D:





 







               Fee for an

application for a license.....................................................





                                70







               Annual

fee for a license for a business engaged in the installation of LP gas

vehicle fuel systems...........................................................





                              135







          Class 3E:





 







               Fee for an

application for a license.....................................................





                                70







               Annual

fee for a license for a business not engaged in the sale of LP gas but

engaged in the sale or installation of gas equipment that the Board

determines requires a special license.............................





                              135







          Class 4:





 







               Fee for an

application for a license.....................................................





                                70







               Annual

fee for a license for a business that operates a dispenser at a fixed

location for the resale of propane to the public....................





                              135







               Fee for inspecting

each dispensing unit.............................................





                              105







          Class 5:





 







               Fee for an

application for a license.....................................................





                                70







               Annual

fee for a license for a business engaged in activities relating to LP gas

which the Board determines requires a special license..





                              135







               Fee for inspecting

each storage tank or vaporizer..............................





                              105







plus any other

 expenses related

 to the inspection.







          Miscellaneous Fees:





 







               Fee for an

application for a variance..................................................





                                70







plus any other

 expenses related

 to the variance.







               Fee for an

application for a certificate of competency.......................





                                70







               Fee for the

issuance or renewal of a certificate of competency.........





                                35







 

     2.  The Board will reduce the license and

inspection fees charged to a holder of multiple classifications at the same

physical location by 15 percent of the total amount of license and inspection

fees that would otherwise be charged to the holder.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas,

eff. 12-17-87; A 12-23-91; 12-13-95; R141-01, 7-30-2002; R014-03, 2-18-2004;

R148-05, 2-23-2006; R073-10, 12-16-2010)

      NAC 590.241  Payment of charges billed to licensee by Board; resolution of

disputed charges. (NRS 590.505, 590.515,

590.605)

     1.  All charges billed to a licensee by the

Board are due upon receipt of the bill by the licensee. Except as otherwise

provided in subsection 2, if a licensee fails to pay a charge billed to him or

her by the Board within 90 days of the date the charge was sent to the licensee

by the Board, the Board will suspend the license of the licensee.

     2.  If a licensee disputes a charge billed to

him or her by the Board, the licensee may request a hearing before the Board to

resolve the charge. The licensee must request the hearing in writing and must

cause the request to be received by the Board before the expiration of the

90-day period described in subsection 1. Upon receipt of a request that meets

the requirements of this subsection, the Board will schedule a hearing for the

licensee at the next available regularly scheduled meeting of the Board and

will not suspend the license of the licensee for failure to pay the disputed

charge before the date of the hearing. The Board will conduct the hearing in

accordance with NAC 590.644 to 590.690, inclusive, as applicable.

     3.  The provisions of this section do not

apply to license fees.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas

by R148-05, eff. 2-23-2006)

      NAC 590.243  Period of validity of license. (NRS

590.505, 590.515, 590.549)  A

license issued pursuant to the provisions of NRS 590.465 to 590.645, inclusive, is valid for 1

year and expires on the last day of the month the license was issued.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas

by R148-05, eff. 2-23-2006)

      NAC 590.245  Renewal of expired license; fees. (NRS 590.505,

590.515, 590.549)  The holder of a license

who fails to renew the license before the license expires may have his or her

license reinstated if, within 30 days after the license expires, the holder of

the license pays to the Board an amount equal to 115 percent of the annual fee

for the license and a reinstatement fee of $250. If the holder does not have

his or her license reinstated within 30 days after it expires, the holder must

apply for a new license and pay the fees for the issuance of a new license.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas

by R141-01, eff. 7-30-2002)

      NAC 590.250  Plans required to be submitted with application for class 1, 2, 4

or 5 license; approval of plans. (NRS 590.505, 590.515, 590.549)  Detailed plans of the

physical properties and facilities of any applicant or licensee must be

submitted with each application for a class 1, 2, 4 or 5 license and must be

approved by the Board before the commencement of construction or installation

of any facilities. When required because of a structural modification of the

original design, issues relating to safety, or the application or standards of

engineering load practice, such plans must be approved by a professional

engineer licensed pursuant to chapter 625

of NRS before they are submitted to the Board.

     [Liquefied Petroleum Gas Bd., part Liquid Gas Reg.,

eff. 5-31-74]—(NAC A by Bd. for Reg. of Liquefied Petrol. Gas, 12-23-91; 12-13-95;

R014-03, 2-18-2004)

      NAC 590.253  Qualified persons: Connection with or employment by licensee or

applicant required for issuance or renewal of certain licenses; performance of

safety sensitive functions. (NRS 590.505, 590.515)

     1.  The Board will not issue or renew a class

1A, 1B, 2A, 3A, 3B, 3C, 3D or 3E license unless the applicant or licensee

establishes that at the time of issuance or renewal of the license at least one

qualified person is connected with or employed by the licensee or applicant.

     2.  A licensee who holds a class 1A, 1B, 2A,

3A, 3B, 3C, 3D or 3E license shall allow only a qualified person employed by

the licensee to perform safety sensitive functions.

     3.  As used in this section:

     (a) “Qualified person” means a person who holds a

certificate of competency which corresponds to the type of work performed by

the person.

     (b) “Safety sensitive function” means:

          (1) The delivery of LP gas to a container.

          (2) The manufacture, fabrication, assembly,

installation or repair of any system, container, apparatus or appliance for the

storage, transportation, dispensation or utilization of LP gas.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas

by R073-10, eff. 12-16-2010)

      NAC 590.260  Residence. (NRS 590.505, 590.515)

     1.  Every person licensed under the Nevada

Liquefied Petroleum Gas Act, NRS 590.465

to 590.645, inclusive, or in the

case of a licensed company or corporation, its authorized manager or agent,

shall:

     (a) Maintain an actual bona fide residence within

the immediate area or territory of his or her petroleum business and personally

be qualified and available to cope with any emergency connected with the

business; or

     (b) Have available personnel who are qualified for

any emergency within the meaning of the Act.

     2.  Any transfer or change in the residence

of the licensee, or the manager or agent of a licensed company or corporation,

outside the immediate area of the business must be reported to the Board no

later than 10 days after actual removal or transfer from the location or

address filed with the Board.

     [Liquefied Petroleum Gas Bd., part Liquid Gas Reg.,

eff. 5-31-74]

      NAC 590.270  Insurance. (NRS 590.505, 590.515, 590.549)  Licensed firms must have

insurance against liability for injury to persons and damage to property. The

insurance must be kept and remain in force during the lifetime of the

operation. Certificates showing such coverage must be on file in the office of

the Board and in the office of the company. No license or renewal of a license

will be issued without satisfactory proof of insurance unless the Board agrees

to the financial responsibility of the applicant. The certificate can be either

forwarded to the Board by the licensee or by the insurance company covering the

operation of the licensee before the expiration of his or her license. The

licensee must include a proof of insurance form with the licensee’s request for

renewal.

     [Liquefied Petroleum Gas Bd., Rule 13, eff. 5-31-74]—(NAC

A by Bd. for Reg. of Liquefied Petrol. Gas, 12-23-91)

      NAC 590.280  Holder of class 1A, 1B or 2A license: Disclosure of information;

notification of new customer by licensee. (NRS 590.505, 590.515, 590.575)

     1.  Each person who holds a class 1A, 1B or

2A license shall disclose the following information to his or her customers and

prospective customers:

     (a) The prices per unit of sales of LP gas, the

effective dates of those prices and any figures required to convert those

prices to prices per gallon, cubic feet or therms.

     (b) Any charges for services, including, without

limitation:

          (1) The amount and description of all charges

for deliveries, including, without limitation:

               (I) Charges for deliveries which are not

on a scheduled route.

               (II) Charges for minimum deliveries.

               (III) Charges for deliveries made on

weekends or after hours.

          (2) Initial charges and conditions for

beginning service.

          (3) Charges for labor.

     (c) The annual fee for leasing a container for the

storage of LP gas.

     2.  Each time LP gas is delivered to a

customer, a person who holds a class 1A, 1B or 2A license shall disclose upon

the delivery ticket or sales receipt:

     (a) The volume of LP gas delivered;

     (b) The price per gallon, cubic foot or therm of LP

gas delivered; and

     (c) The total amount of the sale.

     3.  The information required to be disclosed

pursuant to subsection 1 must be:

     (a) Disclosed by telephone request.

     (b) Printed in a standard format established by the

licensee and displayed conspicuously in the licensee’s place of business not

later than the beginning of the business day on which the prices and charges

become effective. The licensee may include any additional information if he or

she so desires.

     4.  A licensee shall notify each new customer

that the Board has published a “Consumer Bill of Rights” and that a copy may be

obtained from the Board at the Internet address http://www.lpg.nv.gov or

by calling the Board at (775) 687-4890.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas,

eff. 7-19-90; A 10-17-94; R141-01, 7-30-2002; R073-10, 12-16-2010)

      NAC 590.290  Holder of class 1 or class 2 license: Provision of certain

information and notice; response to certain requests. (NRS 590.505,

590.515, 590.575)  A person licensed by the

Board pursuant to NRS 590.575 in

class 1 or class 2 shall:

     1.  Provide each of his or her customers and

prospective customers with a written description of the minimum services the

customer may reasonably expect to receive from the licensee;

     2.  Provide immediate response, regardless of

the time of day, to a request for assistance in an emergency from any public

safety agency or his or her customers regarding the use or storage of LP gas;

and

     3.  If disconnection was not requested by the

customer, notify the customer at least 48 hours in advance before disconnecting

the service to that customer.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas,

eff. 5-27-92)

      NAC 590.311  Certificate of competency: Types. (NRS

590.505, 590.515, 590.549)  The

Board may grant the following certificates of competency:

     1.  Type LEGAL, to a person who is engaged in

the management of a business with a classification of 1A, 1B or 2A.

     2.  Type CYLINDER, to a person who is engaged

in the repair, installation, filling and delivery of LP gas exchange cylinders.

     3.  Type PIPING, to a person who is engaged

in the installation or repair of LP gas piping.

     4.  Type RECREATIONAL VEHICLE, to a person

who is engaged in the installation or repair of LP gas systems on recreational

vehicles.

     5.  Type INDUSTRIAL, to a person who is

engaged in the installation or repair of LP gas industrial facilities, bulk

plants, vaporizers and dispensers.

     6.  Type CARBURETION, to a person who is

engaged in the installation of LP gas vehicle fuel systems.

     7.  Type INSTALL, to a person who is engaged

in the installation or repair of LP gas containers, the installation of

regulators, the performance of leak checks and the placement of appliances back

into service.

     8.  Type BULK, to a person who is engaged in

the bulk delivery of LP gas, the performance of leak checks and the placement

of appliances back into service.

     9.  Type RAIL, to a person who is engaged in

the unloading of LP gas railroad tank cars and the loading and unloading of LP

gas cargo tanks.

     10.  Type APPLIANCE, to a person who is

engaged in the installation or repair of LP gas appliances.

     11.  Type VENTING, to a person who is engaged

in the installation or repair of LP gas appliance venting.

     12.  Type FLAME EFFECTS, to a person who is

engaged in the installation or operation of LP gas flame effects.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas

by R148-05, eff. 2-23-2006; A by R073-10, 12-16-2010)

      NAC 590.315  Certificate of competency: Application; reexamination without

additional fee; additional certificate of competency without additional fee. (NRS 590.505, 590.515, 590.549, 590.555)

     1.  An applicant for a certificate of

competency must submit an application to the Board before taking the

examination for the certificate of competency.

     2.  The application must be accompanied by

the appropriate application fee.

     3.  Each application is valid for the initial

administration of the examination for one certificate of competency. If the

applicant does not pass such an examination, the applicant may retake that

examination not more than twice without paying an additional fee if he or she

retakes the examination within 90 days after initially taking the examination.

     4.  Each person who holds a certificate of

competency granted pursuant to NAC 590.311 may

apply for an additional certificate of competency pursuant to this section

without paying an additional fee.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas

by R148-05, eff. 2-23-2006; A by R073-10, 12-16-2010)

      NAC 590.320  Certificate of competency: Examination of applicant or holder;

waiver of examination. (NRS 590.505, 590.515, 590.549)

     1.  Except as otherwise provided in

subsection 2, each applicant for a certificate of competency must submit to an

oral or written examination, or both.

     2.  The Board may waive the examination

requirement set forth in subsection 1 if an applicant submits to the Board

proof that the applicant is certified by a public agency or private entity

which the Board determines imposes requirements for certification that are

substantially similar to the examination requirements established by the Board.

     3.  The Board may, upon good cause shown,

require the holder of a certificate of competency to submit to an oral or

written examination, or both. The Board will provide to the holder at least 30

days’ written notice of the time and place of the examination.

     4.  The Board will establish and maintain a

list of all certifications that the Board determines satisfy the requirements

of subsection 2. If the certification an applicant seeks to use for the

purposes of subsection 2 is not on the list, the applicant may request that the

Board review and approve the certification held by the applicant.

     [Liquefied Petroleum Gas Bd., Rule 9 § B, eff. 5-31-74]—(NAC

A by Bd. for Reg. of Liquefied Petrol. Gas, 12-13-95; R141-01, 7-30-2002; R148-05,

2-23-2006; R073-10, 12-16-2010)

      NAC 590.340  Certificate of competency: Issuance. (NRS 590.505,

590.515, 590.549)  Upon qualification or

renewal as provided in NAC 590.311 to 590.380, inclusive, a person will receive a

certificate of competency, properly dated and numbered, from the Board.

     [Liquefied Petroleum Gas Bd., Rule 9 part § F, eff. 5-31-74]—(NAC

A by Bd. for Reg. of Liquefied Petrol. Gas, 12-13-95; R073-10, 12-16-2010)

      NAC 590.350  Certificate of competency: Expiration. (NRS 590.505,

590.515, 590.549)  Each certificate of

competency is valid for 1 year and expires on the last day of the month in

which the certificate was issued.

     [Liquefied Petroleum Gas Bd., Rule 9 § C & part §

F, eff. 5-31-74]—(NAC A by Bd. for Reg. of Liquefied Petrol. Gas, 12-13-95;

R141-01, 7-30-2002; R073-10, 12-16-2010)

      NAC 590.360  Certificate of competency: Renewal. (NRS 590.505,

590.515, 590.549)  A person may renew a

certificate of competency if the person:

     1.  Submits to the examination required by

the Board pursuant to NAC 590.320 before the

certificate expires;

     2.  During the period the certificate is

valid, completes at least 8 continuing education units from any course which

was approved by the Board before the certificate expires; or

     3.  Provides proof of continuous employment

in the area specified on his or her certificate of competency during the period

the certificate was valid.

     [Liquefied Petroleum Gas Bd., Rule 9 § G, eff. 5-31-74]—(NAC

A by Bd. for Reg. of Liquefied Petrol. Gas, 12-13-95; R141-01, 7-30-2002; R148-05,

2-23-2006; R073-10, 12-16-2010)

      NAC 590.365  Certificate of competency: Approval of courses for continuing

education. (NRS 590.505, 590.515, 590.549)

     1.  The Board will review educational courses

to determine whether a course may be used to meet the requirements for

continuing education set forth in subsection 2 of NAC

590.360. If the Board determines that a course may be used to meet those

requirements, the Board will approve the course and determine the number of

continuing education units that may be awarded for the successful completion of

the course. The Board will maintain a list of all courses approved pursuant to

this subsection.

     2.  If a course is not on the list of

approved courses, the holder of a certificate of competency may request that

the Board approve the course.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas

by R148-05, eff. 2-23-2006)

      NAC 590.380  Certificate of competency: Lapse; suspension; revocation;

reapplication. (NRS 590.505, 590.515, 590.549, 590.605)

     1.  If a certificate of competency expires

for failure to apply for renewal, a new certificate will be issued by the Board

to the holder of the expired certificate only upon his or her completion of an

application for renewal.

     2.  An order by the Board suspending a

certificate of competency will be followed in all cases by a further order:

     (a) Vacating the order of suspension, thereby

renewing the original certificate; or

     (b) Permanently revoking the certificate.

     3.  Upon the suspension of a certificate of

competency, the Board will not renew the original certificate until the holder

of the certificate passes the prescribed oral or written examination, or both.

     4.  An application for the issuance of a new

certificate of competency will not be accepted, entertained or acted upon while

an order of suspension of the certificate of the applicant is in effect.

     5.  If the Board has revoked a certificate of

competency pursuant to the provisions of NRS 590.605, a new certificate will

not be issued to the person whose certificate was revoked until he or she

passes the prescribed oral or written examination, or both.

     6.  A period of at least 6 months from the

date of the order of revocation of a certificate of competency must elapse

before a person who has had a certificate revoked may reapply for examination

and issuance of a new certificate.

     7.  If a certificate of competency is issued

to a person pursuant to subsection 2 of NAC 590.320,

the Board may suspend or revoke the certificate of competency issued pursuant

to that subsection if the Board determines that the certification issued to the

person by another public agency or private entity has been suspended or revoked

by the public agency or private entity.

     [Liquefied Petroleum Gas Bd., Rule 9 § H, eff. 5-31-74]—(NAC

A by Bd. for Reg. of Liquefied Petrol. Gas, 12-13-95; R141-01, 7-30-2002; R148-05,

2-23-2006; R073-10, 12-16-2010)

Installations

      NAC 590.450  Installation for dispensing LP gas for resale. (NRS 590.505,

590.515, 590.519, 590.521)

     1.  Any installation built for the purpose of

dispensing LP gas for resale must be approved by the Board before installation.

     2.  A detailed plan of piping, crash posts,

fencing, tank size and clearances and other safety features must be submitted

to, and be approved by, the Board before installation.

     [Liquefied Petroleum Gas Bd., Rule 5, eff. 5-31-74]—(NAC

A by Bd. for Reg. of Liquefied Petrol. Gas, 12-23-91)

      NAC 590.452  Installation and modification of LP gas equipment. (NRS 590.505,

590.515, 590.519, 590.521)

     1.  Except as otherwise provided in

subsection 3, before installing or modifying any LP gas equipment at an

installation, a person or business must:

     (a) Request approval from the Board or its staff,

on a form provided by the Board, to install or modify the LP gas equipment; and

     (b) Submit for approval from the Board or its

staff, a detailed plan for the proposed installation or modification of LP gas

equipment at the installation.

     2.  If the Board or its staff approves a

request and plan submitted pursuant to subsection 1, the Board or staff will

issue the approval to the person or business in writing and place a copy of the

approval on file in the office of the Board.

     3.  The provisions of this section do not

apply to the routine maintenance of an installation.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas

by R073-10, eff. 12-16-2010)

      NAC 590.454  Installation for dispensing LP gas. (NRS 590.505,

590.515, 590.519, 590.521)

     1.  If an installation built for the purpose

of dispensing LP gas:

     (a) Is built or initially licensed after January 1,

2011; and

     (b) Is required to have the capability to remotely

close or shut off more than one safety device,

Ê the

installation must have a single common activation point for all safety devices.

Each safety device must remain closed or shut off when not in use.

     2.  As used in this section, “safety device”

means an internal valve, emergency shut-off valve or electrical disconnect.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas

by R073-10, 12-16-2010, eff. 12-16-2011)

      NAC 590.456  Installation of cabinet for LP gas cylinder exchange. (NRS 590.505,

590.515, 590.519, 590.521)

     1.  Except as otherwise provided in

subsection 2, each cabinet installed for LP gas cylinder exchange must have a

clearance of not less than 5 feet on the front and each side of the cabinet.

     2.  Clearance between the sides of each

cabinet for LP gas cylinder exchange is not required if the cabinets are installed

in a group.

     3.  A sign must be posted on the front of

each cabinet for LP gas cylinder exchange. The sign must:

     (a) Be white with red letters that are not less

than 2 inches in height.

     (b) Contain the words “NO SMOKING,” “FLAMMABLE” and

“PROPANE.”

     (c) Include a telephone number for emergencies.

     4.  Any open flame must be kept at least 10

feet from each cabinet for LP gas cylinder exchange.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas

by R073-10, eff. 12-16-2010)

      NAC 590.460  Installation of tanks. (NRS 590.505, 590.515, 590.519, 590.521)  All loading and unloading

connections at dealer plants must be secured to a steel bulkhead or an

equivalent device designed to withstand a horizontal pull of at least 2,000

pounds in any direction unless other adequate protection is provided. This

bulkhead must not be located underneath the tank. The loading and unloading

connections must be firmly secured to the bulkhead, and the line between the

bulkhead and tank must be installed in a manner to provide for expansion,

contraction, jarring, vibrations and settling. The bulkhead must be located at

least 25 feet away from the nearest important building or line of adjoining

property. When in the opinion of the Board the bulkhead is necessary for the

safety of the place of employment, it must be required at storage plants other

than dealer plants.

     [Liquefied Petroleum Gas Bd., Rule 6, eff. 5-31-74]—(NAC

A by Bd. for Reg. of Liquefied Petrol. Gas, 12-23-91)

      NAC 590.480  Installation of underground tank; removal of abandoned tank. (NRS 590.505,

590.515, 590.519, 590.521)

     1.  Permission to install an underground tank

must be obtained from the Board before any commencement of work. The permission

will be given to the dealer in writing with a copy placed on file in the office

of the Board.

     2.  The form will have the name of the dealer

installing the underground tank with the date of installation and all pertinent

information pertaining to the type of tank, capacity, manufacturer and the date

of manufacture.

     3.  When an underground tank is abandoned,

that is no longer being serviced by the dealer, the tank must be removed 90

days after termination of use or service. Before removal of any underground

tank, the dealer must first notify the inspector.

     [Liquefied Petroleum Gas Bd., Rule 12, eff. 5-31-74]—(NAC

A by Bd. for Reg. of Liquefied Petrol. Gas, 12-23-91)

      NAC 590.500  Transfer of gas. (NRS 590.505, 590.515, 590.519, 590.521, 590.610)

     1.  Except as may be authorized by variance

granted by the Board upon a written application, no container of LP gas larger

in capacity than 1 gallon may be filled for resale by gravity flow.

     2.  Any cylinder not equipped with an outage

valve must be filled by weight.

     [Liquefied Petroleum Gas Bd., Rule 4, eff. 5-31-74]

      NAC 590.520  Reports of accidents. (NRS 590.505, 590.515, 590.519)

     1.  Any accident where a licensee is

involved, and where it is possible that LP gas was a contributing factor, must

be reported to the Board in writing by the affected licensee immediately upon

receipt of information of the accident. The report must contain any pertinent

information such as the location, names of persons involved and the type of

accident.

     2.  If death or serious personal injury or

injuries requiring hospitalization of persons or property damage of $2,000 or

more results from the accident, the report must be made to the Board by

telephone and followed by a written report.

     [Liquefied Petroleum Gas Bd., Rule 3, eff. 5-31-74]—(NAC

A by Bd. for Reg. of Liquefied Petrol. Gas, 12-23-91; 10-17-94)

      NAC 590.530  Condemnation of installations. (NRS 590.505, 590.515, 590.519)

     1.  The safety inspector may condemn any

installation that is faulty or hazardous and any container of LP gas that does

not meet the requirements of this chapter.

     2.  Condemnation of any containers must be

accomplished by attaching to the container a notice of condemnation with a

seal.

     3.  The inspector shall notify the supplier

and the property owner at the time he or she condemns any installation and

inform them in writing of the condemnation with instructions that the violation

must be corrected within 10 days or as otherwise specified by the inspector. A

copy of the condemnation must be forwarded to the Board for its files.

     4.  The Board will furnish the appointed

inspector with adequate identification issued by the State of Nevada.

     [Liquefied Petroleum Gas Bd., Rule 1, eff. 5-31-74]—(NAC

A by Bd. for Reg. of Liquefied Petrol. Gas, 12-23-91)

Containers

      NAC 590.550  Maintenance of access. (NRS 590.505, 590.515, 590.519, 590.521)  The person who has legal

control of the premises upon which a container is installed shall, at all

times, maintain clear access to that container for safety, service or removal.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas,

eff. 5-27-92)

      NAC 590.560  Disconnection from service; removal at request of customer;

licensee prohibited from charging fee solely for termination of service by

customer. (NRS 590.505, 590.515, 590.519, 590.521, 590.537)

     1.  Any person who disconnects a container

from service shall immediately:

     (a) Secure the container against tampering; and

     (b) Secure the container against leakage by

plugging the service valve or by any other method approved by the Board.

     2.  Upon receipt of a written request from a

customer to remove a container from his or her premises, a person licensed by

the Board pursuant to NRS 590.575

in class 1 or class 2 shall, except as otherwise provided in subsection 3,

remove the container within 30 days after the receipt of the request.

     3.  The time limitation set forth in

subsection 2 may be extended:

     (a) By not more than 15 days, if both the customer

and licensee agree in writing to the extension;

     (b) By not more than 30 days, if the safety

inspector employed by the Board determines that extenuating circumstances, such

as severe weather, necessitate the extension; or

     (c) By more than 30 days, if the Board, upon the

request of the customer or licensee, determines that circumstances necessitate

the extension.

     4.  A licensee shall not charge a fee to a

customer solely for the termination of service by the customer.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas,

eff. 5-27-92; A by R073-10, 12-16-2010)

Regulations Adopted by Reference

      NAC 590.600  Adoption by reference of regulations for liquefied petroleum gas. (NRS 590.505,

590.515)  The

Board adopts by reference the regulations contained in NFPA 58: Liquefied

Petroleum Gas Code, 2008 edition, and any subsequent edition issued by the

National Fire Protection Association which has been approved by the Board for

use in Nevada. Each new edition shall be deemed approved by the Board unless

the edition is disapproved by the Board within 120 days after the date on which

the Board receives the printed publication from the National Fire Protection

Association. The Board will review each edition issued after the 2008 edition

to ensure its suitability for Nevada. The most current edition that has been

approved by the Board is available for purchase from the National Fire

Protection Association, 1 Batterymarch Park, Quincy, Massachusetts 02269, by

telephone at (800) 344-3555 or on the Internet at http://www.nfpa.org,

for the price of $42.75 for members and $47.50 for nonmembers.

     [Liquefied Petroleum Gas Bd., part Liquid Gas Reg.,

eff. 2-25-73]—(NAC A by Bd. for Reg. of Liquefied Petrol. Gas, 12-23-91; 12-13-95;

R014-03, 2-18-2004; R073-10, 12-16-2010)

      NAC 590.610  Adoption by reference of regulations for fuel gas. (NRS 590.505,

590.515)  The

Board adopts by reference the regulations contained in NFPA 54: National

Fuel Gas Code, 2009 edition, and any subsequent edition issued by the

National Fire Protection Association which has been approved by the Board for

use in Nevada. Each new edition shall be deemed approved by the Board unless

the edition is disapproved by the Board within 120 days after the date on which

the Board receives the printed publication from the National Fire Protection

Association. The Board will review each edition issued after the 2009 edition

to ensure its suitability for Nevada. The most current edition that has been

approved by the Board is available for purchase from the National Fire

Protection Association, 1 Batterymarch Park, Quincy, Massachusetts 02269, by

telephone at (800) 344-3555 or on the Internet at http://www.nfpa.org,

for the price of $42.75 for members and $47.50 for nonmembers.

     [Liquefied Petroleum Gas Bd., part Liquid Gas Reg.,

eff. 2-25-73]—(NAC A by Bd. for Reg. of Liquefied Petrol. Gas, 12-23-91; 12-13-95;

R014-03, 2-18-2004; R073-10, 12-16-2010)

      NAC 590.615  Adoption by reference of regulations for use of flame effects

before audience. (NRS 590.505, 590.515)  The

Board adopts by reference the regulations contained in NFPA 160: Standard

for the Use of Flame Effects Before an Audience, 2006 edition, and any

subsequent edition issued by the National Fire Protection Association which has

been approved by the Board for use in Nevada. Each new edition shall be deemed

approved by the Board unless the edition is disapproved by the Board within 120

days after the date on which the Board receives the printed publication from

the National Fire Protection Association. The Board will review each edition

issued after the 2006 edition to ensure its suitability for Nevada. The most

current edition that has been approved by the Board is available for purchase

from the National Fire Protection Association, 1 Batterymarch Park, Quincy,

Massachusetts 02269, by telephone at (800) 344-3555 or on the Internet at http://www.nfpa.org,

for the price of $33.30 for members and $37.00 for nonmembers.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas

by R148-05, eff. 2-23-2006; A by R073-10, 12-16-2010)

      NAC 590.620  Adoption by reference of regulations for manufactured home

installations, sites and communities. (NRS 590.505, 590.515)  The Board adopts by

reference the regulations contained in NFPA 501A: Standard for Fire Safety

Criteria for Manufactured Home Installations, Sites, and Communities, 2005

edition, and any subsequent edition issued by the National Fire Protection Association

which has been approved by the Board for use in Nevada. Each new edition shall

be deemed approved by the Board unless the edition is disapproved by the Board

within 120 days after the date on which the Board receives the printed

publication from the National Fire Protection Association. The Board will

review each edition issued after the 2005 edition to ensure its suitability for

Nevada. The most current edition that has been approved by the Board is

available for purchase from the National Fire Protection Association, 1

Batterymarch Park, Quincy, Massachusetts 02269, by telephone at (800) 344-3555

or on the Internet at http://www.nfpa.org, for the price of $28.35 for

members and $31.50 for nonmembers.

     [Liquefied Petroleum Gas Bd., part Liquid Gas Reg.,

eff. 2-25-73]—(NAC A by Bd. for Reg. of Liquefied Petrol. Gas, 12-23-91; 12-13-95;

R014-03, 2-18-2004; R073-10, 12-16-2010)

      NAC 590.640  Adoption by reference of regulations for recreational vehicles. (NRS 590.505,

590.515)  The

Board adopts by reference the regulations contained in NFPA 1192: Standard

on Recreational Vehicles, 2008 edition, and any subsequent edition issued

by the National Fire Protection Association which has been approved by the

Board for use in Nevada. Each new edition shall be deemed approved by the Board

unless the edition is disapproved by the Board within 120 days after the date

on which the Board receives the printed publication from the National Fire

Protection Association. The Board will review each edition issued after the 2008

edition to ensure its suitability for Nevada. The most current edition that has

been approved by the Board is available for purchase from the National Fire

Protection Association, 1 Batterymarch Park, Quincy, Massachusetts 02269, by

telephone at (800) 344-3555 or on the Internet at http://www.nfpa.org,

for the price of $33.30 for members and $37.00 for nonmembers.

     [Liquefied Petroleum Gas Bd., part Liquid Gas Reg.,

eff. 2-25-73]—(NAC A by Bd. for Reg. of Liquefied Petrol. Gas, 12-23-91; 12-13-95;

R014-03, 2-18-2004; R073-10, 12-16-2010)

Administrative Proceedings

      NAC 590.644  Definitions. (NRS 590.505, 590.515)  As used in NAC 590.644 to 590.690,

inclusive, unless the context otherwise requires:

     1.  “Licensee” includes:

     (a) A person who is licensed by the Board or who

holds a certificate of competency issued by the Board pursuant to NRS 590.465 to 590.645, inclusive, and NAC 590.100 to 590.690,

inclusive; and

     (b) An applicant for such a license or certificate.

     2.  “Presiding officer” means the Chair of

the Board or any member of the Board designated by the Chair to preside over a

hearing or matter before the Board.

     3.  “Staff” means the staff of the Board.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas

by R014-03, eff. 2-18-2004)

      NAC 590.646  Limitation on time for filing complaint against licensee or

request for mediation. (NRS 590.505, 590.515)  Any

complaint against a licensee or request for mediation must be filed with the

Board within 1 year after the date of the alleged violation.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas

by R148-05, eff. 2-23-2006)

      NAC 590.647  Staff: Logging and recording of certain records. (NRS 590.505,

590.515)  The

staff shall log and record all records relating to inquiries, requests for

mediation and written complaints, including, without limitation, memos of

relevant conversations, all correspondence relating to a request for mediation

or a complaint, the minutes of any hearing and a copy of the resolution of the

request for mediation or the complaint.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas

by R014-03, eff. 2-18-2004)

      NAC 590.648  Confidentiality of certain documents and information. (NRS 590.505, 590.515)

     1.  Except as otherwise provided in this

section or NRS 590.505 or 590.605, a complaint filed with the

Board, any documents or other information filed with the complaint and any

documents or other information compiled as a result of an investigation by the

Board are confidential.

     2.  A complaint filed on behalf of the Board

to initiate disciplinary action and all documents and information considered by

the Board when determining whether to impose discipline are public records.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas

by R148-05, eff. 2-23-2006)

      NAC 590.650  Filing of accusation against licensee; resolution of matter. (NRS 590.505,

590.515)

     1.  A person may file an accusation against a

licensee concerning the prices, rates, services or other acts of the licensee.

An accusation filed with a member of the staff against a licensee will be

referred to the licensee if that member deems it necessary for possible

resolution. An accusation filed against a licensee will be processed as a

request for mediation unless the person filing the accusation specifically

requests that disciplinary action be taken against the licensee.

     2.  If a person wishes to file an accusation

against a licensee which does not specifically request that disciplinary action

be taken against the licensee, a member of the staff shall send to the person a

request for mediation and a referral list. The referral list will include the

names of agencies to which the accusation may be referred. The person must

complete the request for mediation and return it to the Board.

     3.  Upon the receipt of a completed request

for mediation, a member of the staff shall send copies of the request for

mediation to the licensee and, if applicable, the management of the licensee.

     4.  Within 15 days after receipt of the

request for mediation, the licensee shall notify the staff as to whether the

licensee and the person who filed the request for mediation were able to

resolve the matter raised in the request for mediation.

     5.  If the licensee and the person who filed

the request for mediation were not able to resolve the matter raised in the request

for mediation, the Board will hold a hearing to mediate the accusation. The

mediation hearing will be held in conjunction with a regularly scheduled

meeting of the Board.

     6.  If the matter raised in the request for

mediation cannot be resolved at the mediation hearing, the Board will advise

the licensee and the person who filed the request for mediation of that fact

and inform the person who filed the request for mediation of the option to file

a disciplinary complaint against the licensee pursuant to NAC 590.654.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas,

eff. 7-19-90; A by R014-03, 2-18-2004)

      NAC 590.654  Informal complaint: Filing and processing; notification of licensee;

response; review and investigation; production and copying of records and other

evidence. (NRS 590.505, 590.515)

     1.  A person may file a complaint with the

Board concerning the acts of or services provided by a licensee if:

     (a) The person wishes to file an accusation against

the licensee and specifically requests that disciplinary action be taken

against the licensee; or

     (b) The person filed a request for mediation

pursuant to NAC 590.650 and the Board, the licensee

and the person who filed the request for mediation were unable to resolve the

matter raised in the request for mediation.

     2.  The Board will process:

     (a) A citation issued by the Board pursuant to

subsection 2 of NRS 590.605; and

     (b) If the circumstances so warrant, a petition under

NRS 233B.120,

Ê as a

complaint filed pursuant to this section.

     3.  The Board will initially consider any

complaint filed against a licensee pursuant to this section as an informal complaint.

The informal complaint must be verified by the affidavit of the complainant and

be filed with the Board on a form provided by the Board. The complainant shall

include with his or her informal complaint information that is sufficiently

detailed so as to enable the licensee to prepare a response.

     4.  Upon receipt of an informal complaint,

the staff shall examine the informal complaint to determine whether it:

     (a) Has been properly verified; and

     (b) Alleges sufficient facts to warrant further

proceedings.

     5.  If the staff determines that an informal

complaint has been properly verified and alleges sufficient facts, the staff

shall notify the licensee of the informal complaint by sending a copy or

summary of the informal complaint to the licensee by certified mail. The

notification must set forth the potential violations of NRS 590.465 to 590.645, inclusive, or NAC 590.100 to 590.690,

inclusive, raised in the informal complaint and request a written response from

the licensee for review by the staff. The licensee shall submit a written

response to the informal complaint or summary to the Board:

     (a) Not later than 15 days after the date on which

the informal complaint or summary is personally served on the licensee; or

     (b) If the informal complaint or summary is not

personally served on the licensee, not later than 15 days after the date on

which the informal complaint or summary is deposited in the United States mail

as certified mail addressed to the licensee at his or her address of record.

     6.  A written response to an informal

complaint or a summary must respond to the allegations made in the informal

complaint or summary and be accompanied by all documentation that would be

useful to the staff in its review of the allegations made in the informal

complaint or summary and the responses of the licensee to those allegations. If

a licensee fails to respond as required by this section, the licensee shall be

deemed to have admitted the allegations in the informal complaint or summary.

Based on these admissions, the Board may impose appropriate discipline on the

licensee in the same manner as if the allegations had been proven by

substantial evidence at a hearing on a formal complaint.

     7.  Upon the filing of a written response

pursuant to this section, the staff shall review the informal complaint and the

responses made thereto, may enlist the aid of any member of the Board or other

qualified person in conducting the review and may take any other reasonable

action necessary to further the review. After its review of the informal

complaint and the responses made thereto, the staff may:

     (a) Investigate the allegations and employ such

persons as the staff deems necessary to further the investigation;

     (b) Consult persons with expertise in the appropriate

field and employ those persons for the purposes of an investigation or a

hearing;

     (c) Investigate new leads and allegations that the

staff learns of in the course of the investigation;

     (d) Enlist the aid of any member of the Board or

other qualified person in conducting the investigation; and

     (e) Take any other reasonable action necessary to

further the investigation.

     8.  During an investigation of an informal

complaint, the staff or an investigator for the Board may demand that a

licensee produce any record or other evidence for inspection or copying, with

or without prior notice to the licensee and with or without a subpoena. A

licensee shall not deny a request for a record or other evidence if the record

or other evidence is not otherwise declared to be confidential by a specific

statute. If a licensee refuses or fails to cooperate with a request for a

record or other evidence in violation of this section, the Board may

immediately suspend his or her license or certificate until the licensee complies

with the request. If the licensee continues to refuse or to fail to cooperate

with such a request in violation of this section, the Board may take such

further disciplinary action against the licensee as the Board determines

necessary.

     9.  If the staff or investigator determines

that a specific record or other specific evidence that the licensee is required

to produce is material to or necessary for an investigation, the staff or

investigator may remove the record or evidence and provide a copy of the record

or evidence to the licensee. If a record or other evidence can be readily

copied at the location where the record or evidence is located, the staff or

investigator shall make a copy of the record or evidence at that location. If

the record or other evidence cannot be readily copied at that location, the

staff or investigator may remove the record or evidence from that location for

copying.

     10.  Upon the removal of a record or other

evidence pursuant to this section, the staff or investigator shall provide the

person to whom the record or evidence belongs with a receipt for the record or

evidence and, not later than 5 business days after the record or evidence is

removed, provide a copy of the record or evidence to that person.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas

by R014-03, eff. 2-18-2004)

      NAC 590.657  Procedure following investigation of informal complaint; notice

of hearing and formal complaint; answer. (NRS 590.505, 590.515)

     1.  When the investigation of an informal

complaint is complete, the staff and, if applicable, the investigator for the

Board shall determine whether substantial evidence exists to sustain the

alleged violation of a statute or regulation set forth in the informal

complaint. If the staff and investigator determine that no such allegation set

forth in the complaint can be sustained, the staff shall notify, in writing,

the complainant and licensee of that determination.

     2.  If the staff and investigator determine

that a violation of a statute or regulation as alleged in the complaint can be

sustained, the legal counsel for the Board shall:

     (a) Offer to the complainant and licensee

mediation, a settlement agreement, a stipulation of facts and liability, or an

informal hearing; or

     (b) Prepare a notice of hearing and a formal

complaint.

     3.  If any mediation, settlement agreement,

stipulation of facts and liability, or informal hearing offered by the legal

counsel for the Board pursuant to paragraph (a) of subsection 2 fails to

resolve the matter, the legal counsel for the Board shall prepare a notice of

hearing and a formal complaint pursuant to paragraph (b) of subsection 2.

     4.  In addition to the requirements set forth

in NRS 233B.121, a notice of

hearing and a formal complaint must be signed by the legal counsel for the

Board and, if a member of the Board was active in the investigation, by that

member.

     5.  The staff shall send a notice of hearing

and a formal complaint prepared pursuant to this section to the licensee named

in the notice by certified mail.

     6.  A licensee who receives a notice of

hearing and a formal complaint shall file an answer to the notice of hearing

and the formal complaint with the Board:

     (a) Not later than 15 days after the date on which

the notice of hearing and the formal complaint are personally served on the

licensee; or

     (b) If the notice of hearing and the formal

complaint are not personally served on the licensee, not later than 15 days

after the date on which the notice of hearing and the formal complaint are

deposited in the United States mail as certified mail addressed to the licensee

at his or her address of record.

     7.  An answer to a notice of hearing and a

formal complaint must include a response to each allegation and statement made

in the notice of hearing and the formal complaint by either admitting to or

denying the allegation or statement.

     8.  If a licensee fails to file an answer as

required by this section, the licensee shall be deemed to have admitted each

allegation and statement contained in the notice of hearing and the formal

complaint. Based on these admissions, the Board may enter a finding and impose

appropriate discipline on the licensee in the same manner as if the allegations

had been proven by substantial evidence at a hearing held on the formal

complaint.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas

by R014-03, eff. 2-18-2004)

      NAC 590.660  Joining of formal complaints. (NRS 590.505, 590.515)  The Board may join two or

more formal complaints into one formal complaint if:

     1.  The causes of action of each formal

complaint are against the same person and deal with substantially the same or

similar violations of statutes or regulations; and

     2.  The Board determines that the joining of

the formal complaints will serve the best interests of the Board and the

parties involved.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas

by R014-03, eff. 2-18-2004)

      NAC 590.664  Exchange of copies of documents and lists of witnesses. (NRS 590.505,

590.515)

     1.  Not later than 10 days after a licensee

files an answer to a notice of hearing and a formal complaint pursuant to NAC 590.657, the legal counsel for the Board and the

licensee shall provide to each other, respectively:

     (a) Copies of all documents that are reasonably

available to him or her which he or she reasonably anticipates will be used to

support his or her position; and

     (b) A written list of the names of the witnesses

whom he or she reasonably anticipates calling to testify at the hearing to

support his or her position. The list must include the name and address, and a

general description of the anticipated subject matter of the testimony, of each

such witness.

     2.  If, after initially providing the copies

of documents and the list of witnesses pursuant to subsection 1, the legal

counsel for the Board or the licensee reasonably anticipates that other

documents or witnesses will be used to support his or her position, or if any

document or information previously provided changes, he or she shall forthwith

supplement and update his or her submission to the other party.

     3.  If the legal counsel for the Board or the

licensee fails to provide copies of documents or the list of witnesses, or any

updated information relating thereto, as required by this section, the

presiding officer may exclude the undisclosed document, the testimony of the

undisclosed witness or the undisclosed information at the hearing.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas

by R014-03, eff. 2-18-2004)

      NAC 590.667  Discovery. (NRS 590.505, 590.515)  Discovery may only be

undertaken in accordance with NAC 590.644 to 590.690, inclusive. The Board will not allow the

taking of depositions.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas

by R014-03, eff. 2-18-2004)

      NAC 590.670  Prehearing conference; orders and rulings on preliminary matters. (NRS 590.505,

590.515)

     1.  The presiding officer may order a prehearing

conference on a formal complaint and may enter such prehearing orders and

rulings on preliminary matters as he or she determines are appropriate for the

efficient conduct of the hearing on the formal complaint. Such orders and

rulings may include, without limitation, orders and rulings concerning:

     (a) The exchange of written direct testimony of

witnesses.

     (b) The exclusion of particular testimony or

evidence.

     (c) The admission of particular testimony and other

exhibits by agreement of the parties.

     (d) The marking in advance of all exhibits.

     (e) The exchange by the parties of written

prehearing statements or briefs similar to pretrial statements or briefs filed

in district court.

     (f) Settlement negotiations. Settlement

negotiations, and the statements of the parties relating thereto, made at a

prehearing conference are not admissible in evidence at the hearing unless the

parties agree and the agreement is incorporated in a prehearing order.

     (g) Scheduling matters.

     (h) Protective orders.

     (i) The admissibility of evidence.

     (j) Any other procedural or prehearing matter.

     2.  A ruling on a preliminary matter is

subject to reconsideration by the entire Board upon the request of a member of

the Board or upon the motion of a party.

     3.  The failure of a party who is adversely

affected by a ruling on a preliminary matter to move for reconsideration of the

ruling does not constitute:

     (a) Consent to the ruling; or

     (b) A waiver of any objection previously made to

the ruling.

     4.  For the purposes of this section, a

matter is a preliminary matter if it is not dispositive of a contested case or

a substantive issue in a contested case.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas

by R014-03, eff. 2-18-2004)

      NAC 590.674  Motions. (NRS 590.505, 590.515)

     1.  A motion concerning any matter before the

Board must be made in writing, unless the motion is made during a hearing on

that matter. The presiding officer may deny as untimely:

     (a) Any motion made during a hearing if the motion

could have reasonably been made before the hearing; and

     (b) Any motion that is filed on a date that does

not provide the opposing parties a reasonable time to respond.

     2.  A written motion must set forth the

nature of the relief sought by and the grounds for the motion.

     3.  A party may oppose a written motion by

filing a written response to the motion with the Board and serving a copy of the

response on all other parties to the proceeding to which the motion relates

within 10 days after the written motion is filed.

     4.  If a written response to a written motion

is filed, the party who made the written motion may file and serve a written

reply to the response.

     5.  Except as otherwise provided in this

section, the presiding officer shall rule on all written motions on a matter at

or before the hearing scheduled on the matter. The presiding officer may rule

on any motion without oral argument or may allow oral arguments to be made

before ruling on the motion. If the presiding officer allows oral arguments on

a written motion to be made, the presiding officer shall set a time and date

for hearing the oral arguments.

     6.  The presiding officer may require the

Board to vote to decide a motion.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas

by R014-03, eff. 2-18-2004)

      NAC 590.677  Hearings: Procedure; documents included in record; posthearing

briefs. (NRS 590.505, 590.515)  For any hearing before the

Board:

     1.  The presiding officer shall call the

hearing to order and take the appearances on behalf of the Board and the

licensee.

     2.  The notice of hearing, any petition,

answer, response or written stipulation, and if the hearing concerns a

disciplinary matter, the notice of hearing and the formal complaint and any

other responsive pleading relating thereto, become a part of the record without

being read into the record unless a party requests that such a document be read

into the record.

     3.  The legal counsel for the Board shall

present the evidence for the Board first and, if the Board allows closing

arguments, shall present the closing argument for the Board last.

     4.  Unless otherwise ordered by the presiding

officer, and except as otherwise provided in this section, the order of

presentation is as follows:

     (a) Opening statement by the legal counsel for the Board.

     (b) Opening statement by the respondent or the

attorney for the respondent, who may choose to make the opening statement at

the beginning of the respondent’s case.

     (c) Testimony of witnesses offered by the legal

counsel for the Board as follows:

          (1) Direct examination by the legal counsel

for the Board;

          (2) Cross-examination by the respondent or the

attorney for the respondent;

          (3) Redirect examination by the legal counsel

for the Board; and

          (4) Recross-examination by the respondent or

the attorney for the respondent.

     (d) Testimony of witnesses offered by the

respondent, as follows:

          (1) Direct examination by the respondent or

the attorney for the respondent;

          (2) Cross-examination by the legal counsel for

the Board;

          (3) Redirect examination by the respondent or

the attorney for the respondent; and

          (4) Recross-examination by the legal counsel

for the Board.

     (e) If applicable, closing arguments by the

respondent or the attorney for the respondent.

     (f) If applicable, closing arguments by the legal

counsel for the Board.

     5.  A member of the Board may, at any time

during the hearing:

     (a) Question a witness; and

     (b) Request or allow additional evidence, including

additional or documentary evidence.

     6.  If the hearing is a consolidated hearing,

the hearing must proceed in the same manner as described in this section with

the order of the parties and the presentation of evidence to be determined by

the presiding officer.

     7.  Posthearing briefs may be allowed by the

presiding officer or upon a majority vote of the members of the Board. If such

briefs are allowed, the Board will establish the time by which the briefs must

be submitted

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas

by R014-03, eff. 2-18-2004)

      NAC 590.680  Hearings: Appearance and representation of parties. (NRS 590.505,

590.515)

     1.  Except as otherwise provided in

subsection 2, a party may appear at a hearing in person or by an attorney.

     2.  A party to a formal complaint shall

attend the evidentiary hearing on the merits of the formal complaint in person

unless the presiding officer waives the requirement of the attendance of the

party.

     3.  If a party who is required to attend a

hearing in person fails to do so without having obtained a waiver of the

requirement of his or her attendance pursuant to subsection 2, the Board may:

     (a) Determine that the party’s failure to attend

the evidentiary hearing in person shall be deemed:

          (1) An admission of all matters and facts

contained in the record with respect to the party; and

          (2) A waiver of the right to an evidentiary

hearing; and

     (b) Take action based upon such admission or upon

any other evidence, including affidavits, without any further notice or a

hearing.

     4.  If a party retains an attorney to

represent the party before the Board, the attorney shall so notify the Board

not later than 10 days after he or she is retained. Thereafter:

     (a) The attorney shall sign all motions,

oppositions, notices, requests and other papers, including requests for

subpoenas; and

     (b) The Board will serve all notices, motions,

orders, decisions, and other papers or pleadings upon the attorney.

     5.  An attorney appearing as counsel in any

proceeding must be an attorney at law, admitted to practice and in good

standing before the highest court of any state. If the attorney is not admitted

and entitled to practice before the Supreme Court of Nevada, the attorney must

be associated with an attorney so admitted and entitled to practice.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas

by R014-03, eff. 2-18-2004)

      NAC 590.684  Disciplinary proceedings: Grounds for discipline. (NRS 590.505,

590.515, 590.605)  The following acts and

omissions by a licensee are grounds for discipline:

     1.  Violating any provision of NRS 590.465 to 590.645, inclusive, or NAC 590.100 to 590.690,

inclusive.

     2.  Failing to cooperate with the Board in

the investigation of a request for mediation, an informal complaint or a formal

complaint, including, without limitation, failing to file a written response as

required by NAC 590.654 and failing to file an

answer as required by NAC 590.657.

     3.  Failing to respond to a request for

mediation.

     4.  Failing to attend a disciplinary hearing

without having obtained a waiver of the requirement of the licensee’s

attendance.

     5.  Conducting business after his or her

license or certificate of competency has lapsed if the license or certificate

has not been renewed.

     6.  Conducting business after the insurance

required by NAC 590.270 has lapsed if the insurance

has not been renewed.

     7.  Willfully making a false report, record

or claim in his or her business.

     8.  Failing to comply with a settlement

agreement, an order of the Board or any other disposition of a prior

disciplinary action or mediation.

     9.  Advertising the licensee’s business in a

manner that is:

     (a) False; or

     (b) Intended or has a tendency to:

          (1) Deceive or mislead the public; or

          (2) Create unrealistic expectations in any

particular case.

     10.  Engaging in any other conduct that the

Board determines constitutes unfitness or incompetence to engage in activities

that are authorized by his or her license.

     11.  Acting or conducting the licensee’s

operations in any manner which the Board deems to be inimical to and not in the

best interests of the health, safety or welfare of the people of this State.

     12.  Being subject to disciplinary action in

which a board or any other similar entity in this State or in another state

which has issued a license, certificate, registration or other credential in a

related field to the licensee revokes or suspends the license, certificate,

registration or other credential or takes any other disciplinary action against

the licensee. As used in this subsection, a “license, certificate, registration

or other credential in a related field” includes, without limitation, a general

contractor’s license and a steam fitter’s license.

     13.  Delivering a lesser quantity of gas than

the amount for which the licensee bills a customer with the intent to defraud

the customer.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas

by R014-03, eff. 2-18-2004)

      NAC 590.687  Disciplinary proceedings: Final order or decision of Board. (NRS 590.505,

590.515, 590.605)

     1.  After an evidentiary hearing on the

merits in a disciplinary proceeding, if the Board finds that the licensee is:

     (a) Not guilty as charged in the formal complaint,

the Board will issue a final order or decision dismissing the charges and

notify the licensee and the complainant that the charges have been dismissed.

     (b) Guilty as charged in the formal complaint, the

Board will:

          (1) Before agreeing on a punishment, consider

all relevant factors, including, without limitation:

               (I) The danger to the health or safety of

the public created by the violation;

               (II) The economic benefit received by the

licensee from the violation;

               (III) Any mitigation or aggravation by

the licensee of the effects of the violation;

               (IV) The extent to which the licensee

demonstrates his or her good faith;

               (V) Any previous history of violations by

the licensee;

               (VI) Whether the licensee knew or, as a

competent person, should have known that the action complained of was a

violation of a statute, a regulation or a condition of his or her license;

               (VII) Whether the licensee has initiated

remedial measures to prevent similar violations;

               (VIII) The magnitude of penalties imposed

on other licensees for similar violations;

               (IX) The proportionality of the penalty

in relation to the misconduct; and

               (X) If the licensee offered evidence of

mitigating factors, all such evidence;

          (2) Agree upon punishment that may, in

addition to any other sanction authorized pursuant to NRS 590.465 to 590.645, inclusive, and NAC 590.100 to 590.690,

inclusive, require the licensee to:

               (I) Fulfill certain training or

educational requirements; and

               (II) Pay all costs incurred by the Board

relating to the disciplinary proceedings; and

          (3) Issue and serve the final order or

decision of the Board on the licensee.

     2.  A final order or decision by the Board

that is adverse to the licensee must:

     (a) Be in writing;

     (b) Except as otherwise provided in subsection 5 of

NRS 233B.121, include findings

of fact and conclusions of law; and

     (c) Specifically set forth the punishment imposed

on the licensee.

     3.  A final order or decision of the Board in

a disciplinary proceeding is effective on the earliest of:

     (a) The date on which the final order or decision

is personally served on the licensee;

     (b) The date on which the final order or decision

is posted at the premises of the licensee; or

     (c) The third day after the date on which the final

order or decision is deposited in the United States mail as certified mail

addressed to the licensee at his or her address of record.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas

by R014-03, eff. 2-18-2004)

      NAC 590.690  Board authorized to recover investigative costs and impose

penalty fees for violation of NRS 590.535. (NRS 590.505,

590.515, 590.605)  The Board may recover

investigative costs from and impose penalty fees on any person, firm or

corporation that violates any provision of NRS 590.535.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas by

R073-10, eff. 12-16-2010)

CLEANUP OF DISCHARGED PETROLEUM

      NAC 590.700  Definitions. (NRS 590.830)  As used

in NAC 590.700 to 590.790,

inclusive, unless the context otherwise requires:

     1.  “Board” means the Board to Review Claims.

     2.  “Division” means the Division of

Environmental Protection of the State Department of Conservation and Natural

Resources.

     3.  “Fund” means the Fund for Cleaning Up

Discharges of Petroleum.

     4.  “Portable storage tank” means a storage

tank with a capacity of 60 gallons or more that is used above the ground and

may be moved without disassembly of the tank to more than one location for the

temporary storage of petroleum.

     5.  “Registered storage tank” means a storage

tank operated by a person who is required to or who elects to register it for

coverage provided by the Fund.

     6.  “Storage tank” has the meaning ascribed

to it in NAC 590.710.

     (Added to NAC by Bd. to Review Claims, eff. 6-15-90; A

12-23-91; 1-22-96; R001-99, 11-19-99; A by Div. of Environmental Protec. by

R226-05, 5-4-2006)

      NAC 590.710  Interpretation of certain statutory terms. (NRS 590.830)

     1.  For the purposes of NRS 590.700 to 590.920, inclusive, the Board

interprets:

     (a) “Costs for cleaning up” to mean any expense of

corrective action necessitated by a discharge from a storage tank. The term

does not include:

          (1) The expense of any bond posted to release

a writ of attachment;

          (2) Any expense incurred by an operator to

investigate or defend any claim or suit, except any such expense incurred at

the request of the Board;

          (3) Any expense taxed against the operator as

costs of suit in a suit or administrative proceeding;

          (4) Any award of prejudgment interest, except

for interest awarded on that part of the judgment paid by the Fund;

          (5) Any expense of repairing, replacing or

upgrading any storage tank or its contents;

          (6) Any expense incurred by an operator during

the transportation, loading or unloading of a portable storage tank; and

          (7) Any loss of income or revenue of the

business of an operator that is incurred by an operator during a corrective

action necessitated by a discharge.

     (b) “Damages” to mean any money the operator of a

storage tank becomes legally obligated to pay as damages because of bodily

injury or property damage to any person other than the State or the operator

caused by a discharge. The term does not include:

          (1) Any expense excluded from the definition

contained in paragraph (a);

          (2) Any obligation of the operator imposed

pursuant to any statute providing benefits for workers’ compensation,

disability or unemployment compensation;

          (3) Any bodily injury to an employee of the

operator, or the spouse, parent, brother or sister of the employee, arising out

of and in the course of the employee’s employment by the operator. This

exclusion applies whether the operator may be liable as an employer or in any

other capacity, and to any obligation to share damages with or reimburse

another person who must pay damages because of the injury;

          (4) Any obligation of the operator imposed by

a contractual assumption of liability; or

          (5) Any expense incurred by an operator during

the transportation, loading or unloading of a portable storage tank.

     (c) “Emergency action” to mean any action that:

          (1) Stops the release of petroleum;

          (2) Identifies or mitigates existing or

potential hazards from fire, explosion, vapor or other hazards associated with

a release; or

          (3) Prevents the migration of petroleum which

poses a substantial imminent threat to the environment.

     (d) “Marina storage tank” to mean a petroleum

storage tank used to provide fuel to water vessels, at least 90 percent of

which is either above ground level or in or over water and which has a capacity

of at least 110 gallons but not more than 12,000 gallons. The term includes all

piping connected to the tank, except piping, valves, hoses, filters and nozzles

associated with the fuel dispenser.

     (e) “Site” to mean the facility, whether situated

on a single parcel or on multiple adjacent parcels, where the tank is located.

     (f) “Small business” to mean a business which

receives less than $500,000 in gross annual receipts from the site where the

tank is located, based upon the average annual gross receipts for the following

period:

          (1) If the business has been in operation for

5 or more fiscal years on the date on which the discharge is discovered, the 5

fiscal years immediately preceding the date on which the discharge was

discovered; or

          (2) If the business has been in operation for

less than 5 fiscal years on the date the discharge is discovered, the total

number of years the business has been in operation.

     (g) “Storage tank” to mean any tank, including any

connected pipes, except piping above the dispenser shear valve, used to contain

an accumulation of petroleum. The term does not include any tank that is:

          (1) Exempted from the provisions of NRS 590.700 to 590.920, inclusive, unless the

operator of the tank chooses to register it pursuant to paragraph (b) of

subsection 1 of NRS 590.920;

          (2) Excluded from the definition of

“underground storage tank” in 40 C.F.R. § 280.12, except that a farm or

residential tank having a capacity of 1,100 gallons or less and that is used

for storing motor fuel for noncommercial purposes is a storage tank;

          (3) Permanently closed in accordance with NAC 459.9972 and 40 C.F.R. § 280.71; or

          (4) Not federally regulated which is

permanently closed in accordance with a rule or an ordinance of a local

governmental entity.

     2.  As used in this section:

     (a) “Bodily injury” means any injury, sickness,

disease or death suffered by a person as a proximate result of a discharge.

     (b) “Property damage” means any actual injury to

real or tangible personal property, loss of use of the property, or both,

occurring as a proximate result of a discharge.

     (c) “Suit” means any civil proceeding in which

damages are sought for which the Fund is potentially liable. The term includes

any arbitration proceeding in which such damages are sought, to which the

operator must submit or to which he or she submits with the consent of the

Board.

     (Added to NAC by Bd. to Review Claims, eff. 6-15-90; A

12-23-91; 1-22-96; A by Div. of Environmental Protec. by R226-05, 5-4-2006)

      NAC 590.714  Designation as “small business.”

(NRS 590.830)  To be

designated as a small business as described in paragraph (f) of subsection 1 of

NAC 590.710, an operator must submit the following

to the Division:

     1.  Copies of forms reporting federal income

tax which show the operator’s gross annual receipts for the following period:

     (a) If the business has been in operation for 5 or

more fiscal years on the date on which the discharge is discovered, the 5

fiscal years immediately preceding the date on which the discharge was

discovered; or

     (b) If the business has been in operation for less

than 5 fiscal years on the date the discharge is discovered, the total number

of years the business has been in operation.

     2.  Any other information requested by the

Division which is necessary to determine whether the operator is a small

business.

     (Added to NAC by Bd. to Review Claims, eff. 1-22-96; A

by Div. of Environmental Protec. by R226-05, 5-4-2006)

      NAC 590.720  Adoption by reference of certain provisions of Code of Federal

Regulations and International Fire Code.

(NRS 590.830)  The

Board hereby adopts by reference:

     1.  The provisions of 40 C.F.R. §§ 280.12,

280.40 to 280.45, inclusive, 280.50, 280.53, 280.70 and 280.71 as they existed

on July 1, 1990, and the provisions of 40 C.F.R. §§ 280.61 and 280.62 as they

existed on January 1, 2006. A copy of the volume containing these provisions

may be obtained at a cost of $50 by mail from the Superintendent of Documents,

U.S. Government Printing Office, P.O. Box 979050, St. Louis, Missouri

63197-9000, or by toll-free telephone at (866) 512-1800.

     2.  The provisions of chapters 2, 22 and 34

of the International Fire Code, 2003 edition. A copy of the volume containing

these provisions may be obtained at a cost of $70 from the International Code

Council at the Internet address http://www.iccsafe.org.

     (Added to NAC by Bd. to Review Claims, eff. 6-15-90; A

12-23-91; A by Div. of Environmental Protec. by R226-05, 5-4-2006)

      NAC 590.730  Annual fee and application for registration of storage tank;

letter of coverage. (NRS 590.830, 590.850)

     1.  Except as otherwise provided in this

subsection, each operator of a registered storage tank shall, on or before

October 1 of each year, pay a fee in the amount of $100 for registration for

coverage provided by the Fund and submit an application for registration to the

Division in the form prescribed by the Board. An application for registration

is not required from an operator who has filed with the Division Form 7530-1,

“Notification for Underground Storage Tanks,” adopted by the United States Environmental

Protection Agency.

     2.  The Division will bill the operator for

the annual registration fee not less than 30 days before the date the fee is

due. The failure of an operator to receive a bill does not relieve the operator

of his or her obligation to pay the fee on or before the date it is due.

     3.  Upon compliance by the operator with the

provisions of subsection 1, the Division will issue a letter evidencing the

coverage provided by NRS 590.880

or 590.890, whichever applies.

The letter will:

     (a) Include the name and address of the facility at

which the storage tank is located, together with any other information required

to identify the storage tank; and

     (b) Set forth the amount of money available in the

Fund, as of the date of the letter, to pay costs or damages resulting from any

discharge from the storage tank which qualifies for coverage provided by NRS 590.880 or 590.890, as applicable.

     4.  After January 1, 1992, if a discharge

from a storage tank is discovered during a period in which the annual

registration fee for that storage tank is delinquent, the Division will not use

money in the Fund to pay costs or damages resulting from any discharge from

that storage tank.

     (Added to NAC by Bd. to Review Claims, eff. 6-15-90; A

12-23-91; 10-16-95; A by Div. of Environmental Protec. by R226-05, 5-4-2006)

      NAC 590.740  Testing and inspection of storage tanks. (NRS 590.830,

590.870)

     1.  Except as otherwise provided in this

section, each operator of a registered storage tank shall perform or cause to

be performed a test of the storage tank for tightness in accordance with the

provisions of NAC 459.994 and the

schedule contained in 40 C.F.R. § 280.40(c).

     2.  The operator of a registered storage tank

that is above ground shall perform or cause to be performed an inspection of

the storage tank at least once each month. The monthly inspection must include,

without limitation:

     (a) Visual inspection of the aboveground storage

tank system to identify cracks or other defects in the secondary containment

area and product transfer area;

     (b) Visual inspection of the exterior surfaces of

the tanks, piping, valves, pumps and other equipment for cracks, corrosion,

releases and maintenance deficiencies and to identify malfunctioning equipment,

needed maintenance and needed revisions to current operating practices;

     (c) Visual inspection of the elevated tanks or

tanks on concrete slabs; and

     (d) Unless the secondary containment of the tank

has a sound concrete floor or liner:

          (1) Visual inspection of the area between the

outer shell of the tank or the floor of the tank and the containment area; or

          (2) Vapor monitoring of the soil directly

beneath the tank bottom or perimeter and the water table.

     3.  A registered portable storage tank must

be inspected visually by the operator immediately before and after the portable

storage tank is relocated.

     4.  A marina storage tank must be tested and

inspected in accordance with the provisions of NAC 459.9938.

     5.  The operator of a registered storage tank

shall maintain a record of each inspection conducted pursuant to this section

on a form approved by the Division for at least 3 years after the date of the

inspection.

     (Added to NAC by Bd. to Review Claims, eff. 6-15-90; A

12-23-91; 1-22-96; A by Div. of Environmental Protec. by R226-05, 5-4-2006)

      NAC 590.750  Financial responsibility of operators. (NRS 590.830)  Upon

request, an operator of a regulated underground storage tank shall submit to the

Division evidence of his or her financial responsibility. An operator may

demonstrate his or her financial responsibility in any manner permitted by NAC 459.995.

     (Added to NAC by Bd. to Review Claims, eff. 6-15-90; A

12-23-91; A by Div. of Environmental Protec. by R226-05, 5-4-2006)

      NAC 590.760  Discharges: Duties of operators.

(NRS 590.830, 590.870)

     1.  The operator of a storage tank shall

report any discharge promptly in accordance with the requirements of NAC 445A.347 and 40 C.F.R. §§ 280.50 and

280.53.

     2.  As soon as possible after the discharge,

the operator shall submit to the Division an application for coverage by the

Fund for the discharge. The application for coverage must be submitted on the

form prescribed by the Division and must include:

     (a) A written description of how, when and where

the discharge occurred;

     (b) A description of any damage known to the

operator to have been caused by the discharge; and

     (c) If the services of a person certified as an

environmental manager pursuant to NAC

459.972 or 459.9724 have been

obtained, the name of that person.

     3.  The operator shall take all reasonable steps

to protect the site of the discharge from further damage in accordance with the

provisions of 40 C.F.R. §§ 280.61 and 280.62.

     4.  The operator shall:

     (a) Prepare and maintain a record of all costs

incurred by him or her in cleaning up the discharge.

     (b) Permit the Division to inspect any property or

records relating to the discharge or damage caused by the discharge.

     (c) Notify the Division if the cost of:

          (1) An emergency action; or

          (2) The initial response actions and abatement

measures prescribed by 40 C.F.R. §§ 280.61 and 280.62,

Ê will exceed

$5,000.

     (d) If the operator is seeking reimbursement by the

Fund for the costs of cleaning up the tank or of liability for damages, unless

an employee of the operator will be providing services that are exempted from

the provisions of NAC 459.970 to 459.9729, inclusive, by subsection 1 of NAC 459.9718, obtain the services of a

person who is certified as an environmental manager pursuant to NAC 459.972 or 459.9724.

     (e) Obtain approval from the Division or secure not

less than three competitive bids for a task included in a corrective action

that costs more than $3,000 if:

          (1) The corrective action necessitated by a

discharge from a storage tank is not an emergency pursuant to paragraph (c) of

subsection 1 of NAC 590.710; and

          (2) The operator is seeking reimbursement by

the Fund for the costs of cleaning up the tank or of liability for damages.

     (Added to NAC by Bd. to Review Claims, eff. 6-15-90; A

12-23-91; 1-22-96; A by Div. of Environmental Protec. by R226-05, 5-4-2006)

      NAC 590.765  Operator to notify Division of civil action for damages;

submission of order of judgment or settlement agreement required for payment

from Fund. (NRS 590.830)

     1.  An operator shall notify the Division of

a civil action brought against him or her by another person for damages alleged

to have been caused by a discharge from the storage tank of the operator. The

notice must be in writing and submitted to the Division within 60 days after

the date the operator is properly served with the summons and a copy of the complaint

that commenced the civil action.

     2.  The Board may:

     (a) Consider failure to notify the Division

pursuant to the provisions of subsection 1 as a basis for denial of payment

from the Fund.

     (b) Excuse a failure to provide notice pursuant to

the provisions of subsection 1 upon demonstration of good cause for the failure

to comply.

     3.  An operator who is required to provide

notice pursuant to the provisions of subsection 1 and who seeks payment from

the Fund for liability for damages must submit, as a supporting document:

     (a) A copy of a final judgment which has been

entered with a court and which orders the operator to pay damages; or

     (b) If the operator and the other party to the

civil action settled the claim, a copy of the settlement agreement.

Ê The Board

will not authorize payment from the Fund unless it has received the order of

judgment or it has received the settlement agreement and has approved the terms

of such agreement.

     (Added to NAC by Bd. to Review Claims by R001-99, eff.

11-19-99)

      NAC 590.770  Discharges: Authority of Administrator of Division. (NRS 590.830)  If a

discharge occurs from a storage tank, the Administrator of the Division may, at

such times as are reasonably required:

     1.  Question the operator of the tank, under

oath, about any matter relating to the discharge; and

     2.  Examine the books and records of the

operator.

     (Added to NAC by Bd. to Review Claims, eff. 6-15-90)

      NAC 590.774  Factors considered in determining necessity for cleanup of

discharge from certain storage tanks. (NRS 590.830)  In

determining whether cleaning up a discharge from a storage tank:

     1.  Which has a capacity of 1,100 gallons or

less; and

     2.  Which

is used to store heating oil for consumption on the same premises where the oil

is stored,

Ê is necessary to

protect the environment or the public health and safety, the Division may

consider the factors listed in subsection 2 of NAC 445A.227.

     (Added to NAC by Bd. to Review Claims, eff. 1-22-96; A

by Environmental Comm’n by R189-08, 8-25-2009)

      NAC 590.780  Form of claim for reimbursement; time limitations for filing

claims for reimbursement; payment to operator, vendor or contractor; payment

required of operator; payment of per diem allowance and travel expenses. (NRS 590.830)

     1.  An operator, vendor or contractor who

seeks to be reimbursed by the Fund for costs or liability for damages resulting

from a discharge must submit to the Division a verified claim for reimbursement

in the form prescribed by the Board along with any supporting documents

required to substantiate his or her eligibility for reimbursement. An initial

claim must be submitted within 12 months after the date on which the operator,

vendor or contractor knew or should have known of the discharge and the final

claim must be submitted within 12 months after the completion of the corrective

action necessitated by the discharge. The Board will not accept a claim after

either deadline unless the operator, vendor or contractor demonstrates good

cause for the failure to comply with the deadline.

     2.  The operator shall provide any additional

information required by the Board in order to determine his or her eligibility

for payment from the Fund.

     3.  The Board may authorize payment from the

Fund to:

     (a) An operator;

     (b) A vendor;

     (c) A contractor; or

     (d) Any combination of persons listed in paragraph

(a), (b) or (c), jointly.

     4.  If money from the Fund is paid to an

operator before the operator pays a vendor or contractor, or both, the operator

shall:

     (a) Pay the vendor or contractor, or both; and

     (b) Not more than 30 days after receiving the money

from the Fund, provide the Division with confirmation of payment to the vendor

or contractor, or both, of the money paid by the Board.

     5.  If an operator fails to pay a vendor or

contractor for costs approved and paid by the Board within 30 days, the

operator shall reimburse the Board for the money paid by the Board.

     6.  If an operator is entitled to receive

payment for his or her necessary expenses for the costs of cleaning up, the Board

will authorize payment of the per diem allowance and travel expenses at the

same rate provided for state officers and employees generally.

     7.  As used in this section, “claim” or

“claim for reimbursement” means a request for reimbursement by the Fund of a

sum of money, accompanied by the required supporting documents. The term does

not include an application for coverage under the Fund.

     (Added to NAC by Bd. to Review Claims, eff. 6-15-90; A

12-23-91; 11-3-92; A by Div. of Environmental Protec., 1-10-94; A by Bd. to

Review Claims, 1-22-96)

      NAC 590.790  Severability of provisions. (NRS 590.830)  If any

provision of NAC 590.700 to 590.780,

inclusive, or the application of the provision to any person, thing or

circumstance is held invalid, it is intended that the invalidity not affect the

remaining provisions, or their application, that can be given effect without

the invalid provision or application.

     (Added to NAC by Bd. to Review Claims, eff. 6-15-90)

FEE FOR CERTAIN FUELS AND HEATING OIL

      NAC 590.800  Payment by dealers and suppliers.

(NRS 590.840)

     1.  A dealer in or supplier of petroleum

products who is licensed in this State must pay the fee imposed by NRS 590.840 if:

     (a) He or she imports motor vehicle fuel, diesel

fuel of grade number 1 or 2 or heating oil into this State; or

     (b) He or she deals in any product listed in

paragraph (a) that is refined in this State.

          2.  The fee must be remitted with the

dealer’s or supplier’s monthly tax return.

          3.  As used in this section, “motor

vehicle fuel” has the meaning ascribed to it in NRS 365.060.

     (Added to NAC by Dep’t of Taxation, eff. 8-2-90; A by

Dep’t of Motor Veh. by R148-06, 9-18-2006)

      NAC 590.810  Provision of refund or credit for exportation. (NRS 590.840)

     1.  The fee imposed by NRS 590.840 that is paid for a

petroleum product may be refunded, or a credit may be given, upon proper

application and proof that the product was exported from this State. A credit

or refund will only be given to the exporter of record. Any refund must be

applied for within 3 months after the date of exportation.

     2.  A dealer in, or supplier or exporter of,

petroleum products who is not licensed in this State pursuant to NRS 365.270 or 366.220 must submit with his or her

application for a refund:

     (a) An invoice of the original purchase which

indicates the fee was paid to his or her vendor; and

     (b) Proof that the product was exported,

Ê before the

fee will be refunded.

     3.  A dealer in or supplier of petroleum

products who is licensed in this State may take a credit in lieu of a refund on

his or her monthly fuel tax return or statement if the credit is documented on

the forms prescribed by the Department to detail all acquisitions and

disbursements.

     4.  For the purpose of this section, proof of

exportation includes, but is not limited to:

     (a) An export manifest; or

     (b) A report of a dealer or supplier declaring the

import to the receiving state.

     (Added to NAC by Dep’t of Taxation, eff. 8-2-90; A by

Dep’t of Motor Veh. by R148-06, 9-18-2006)
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