AB40 - Revises various provisions relating to environmental hazards. (BDR 46-265)

- 83rd Session (2025) Assembly Bill No. 40–Committee on Natural Resources CHAPTER.......... AN ACT relating to environmental hazards; authorizing the Division of Environmental Protection of the State Department of Conservation and Natural Resources to issue an order for certain violations relating to mining reclamation; providing the Division, solid waste management authority and Department with a lien on certain property under certain circumstances; revising provisions governing mining reclamation to include the stabilization of process fluids; revising certain requirements for a permit to engage in a mining operation or exploration project; authorizing the State Environmental Commission to adopt regulations relating to solid waste management facilities; requiring the Commission to adopt regulations relating to the requirements for the owner or operator of a municipal solid waste landfill or solid waste management facility to provide certain evidence of financial responsibility; requiring a permit to construct or operate a solid waste management facility; making requirements for disposal sites applicable to solid waste management facilities; prohibiting a municipal solid waste landfill from accepting certain types of hazardous waste; revising provisions relating to the management of hazardous waste; revising requirements governing a permit to operate a facility for the management of hazardous waste; revising requirements relating to evidence of financial responsibility provided by an owner or operator of certain facilities for the management of hazardous waste; revising certain prohibitions relating to hazardous waste; providing penalties; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law establishes provisions governing the reclamation of land subject to mining operations or exploration projects. (Chapter 519A of NRS) Section 13 of this bill revises the definition of the term “reclamation” to include actions performed during or after an exploration project or mining operation to stabilize process fluids. Sections 2-9 of this bill define certain terms relating to reclamation. Section 14 of this bill revises the definition of the term “surety” to include an account held by or for the benefit of the Division of Environmental Protection of the State Department of Conservation and Natural Resources. Section 10 of this bill authorizes the Division to issue an order if the Division has reasonable cause to believe that a holder of a permit is violating or is about to violate certain provisions of existing law relating to the reclamation of land. Section 11 of this bill provides that the Division may lien all real and personal property associated with a facility of a holder of a permit for an exploration project or mining operation. – 2 – - 83rd Session (2025) Section 12 of this bill applies the definitions in existing law and sections 2-9 governing reclamation to the provisions of sections 10 and 11. Section 15 of this bill authorizes certain fees collected by the Division that are used to administer the provisions of existing law relating to reclamation to also be used to administer the provisions of sections 2-11. Existing law requires an applicant for a permit to engage in a mining operation to, amongst other requirements, complete a checklist developed by the Division and file a plan for reclamation with the application. (NRS 519A.210, 519A.220) Section 16 of this bill requires that the information requested by the checklist include a manual for the operation and maintenance of the fluid management system for the mining operation. Section 17 of this bill requires a plan for reclamation to provide for the stabilization of process fluids. Existing law provides that if an exploration project or a mining operation is conducted on: (1) land administered by a federal agency, an approved federal plan of operations and surety that are consistent with certain requirements supersede certain requirements for a permit and bond or other surety; or (2) both public land and privately owned land, compliance with the approved federal plan of operations is sufficient if that plan substantially provides for the reclamation and bond or other surety required by existing law. (NRS 519A.240) Section 18 of this bill provides that a federal plan of operations and surety approved by a federal agency for an exploration project or a mining operation supersede, if wholly conducted on land administered by a federal agency, or substitute, if partly conducted on land administered by a federal agency, requirements in state law for a permit and bond or other surety if the applicant: (1) submits to the Division the federal plan of operations and an estimate of the costs of reclamation; and (2) remedies any inconsistencies identified by the Division between the federal plan of operations and the requirements of state law. Sections 19 and 20 of this bill apply certain disciplinary actions and criminal penalties to the provisions of sections 2-11. Existing law requires the governing body of every municipality or district board of health of a health district to develop a plan to provide for a solid waste management system which provides for the management and disposal of solid waste. (NRS 444.510) Existing law defines the term “solid waste management system” as the entire process of storage, collection, transportation, processing, recycling and disposal of solid waste. (NRS 444.500) Section 28.3 of this bill revises the definition of “solid waste management system” to mean the entire process of storage, collection, transportation, processing, recycling or disposal of solid waste. Existing law requires a solid waste management authority to issue permits to operate disposal sites. (NRS 444.553) Section 28.7 of this bill requires a solid waste management authority to also issue permits to operate solid waste management facilities. Section 28.7 also authorizes a solid waste management authority to take certain actions to determine whether the owner or operator of a solid waste management facility is in compliance with certain requirements. Section 32.1 of this bill requires the State Environmental Commission to adopt regulations concerning standards for the issuance, renewal, modification, suspension, revocation and denial of, and for the imposition of terms and conditions for, a permit to construct or operate a solid waste management facility. Sections 32.1-32.4 and 32.8 of this bill make certain provisions of existing law relating to disposal sites applicable to solid waste management facilities. Section 22 of this bill defines the term “solid waste management facility” to mean any place that engages in any activity related to a solid waste management system. Section 23.5 of this bill authorizes the State Environmental Commission to adopt regulations establishing activities that are related to a solid waste – 3 – - 83rd Session (2025) management system and the places which constitute a solid waste management facility based on the activities performed at the place. Existing law requires the owner or operator of a municipal solid waste landfill to obtain a permit from a solid waste management authority before constructing or operating the municipal solid waste landfill. The permit must be conditioned upon all requirements necessary to ensure compliance with certain federal laws governing solid waste, including financial requirements for the owners and operators of municipal solid waste landfills. (NRS 444.465, 444.556) Section 30 of this bill revises certain references to the term “municipal solid waste landfill.” Section 32.6 of this bill revises a reference to a sanitary landfill with a reference to a municipal solid waste landfill. Section 32 of this bill prohibits a municipal solid waste landfill from accepting hazardous waste from a very small quantity generator. Section 24 of this bill requires the Commission to adopt regulations prescribing the requirements for an owner or operator of a municipal solid waste landfill or solid waste management facility engaged in certain activities to demonstrate financial responsibility. Section 29 of this bill provides that certain requirements for a permit relating to standards of care and financial responsibility may be satisfied by a plan for reclamation under certain circumstances. Section 25 of this bill provides that the Division or solid waste management authority may lien all real and personal property associated with a municipal solid waste landfill or solid waste management facility of an owner or operator of the municipal solid waste landfill or solid waste management facility. Section 26 of this bill applies the definitions in existing law and section 22 governing the collection and disposal of solid waste to the provisions of sections 22-25. Existing law establishes provisions governing the disposal of hazardous waste through the management of hazardous waste, which is defined as the systematic control of the generation, collection, storage, transportation, processing, treatment, recovery and disposal of hazardous waste. (NRS 459.400-459.600) Section 39 of this bill revises: (1) the definition of the management of hazardous waste to mean the systematic control of the generation, collection, storage, transportation, recycling, processing, treatment, recovery or disposal of hazardous waste; and as a result: (2) expands the applicability of these requirements governing hazardous waste to include recycling as a method for the disposal of hazardous waste and any systematic control of the generation, collection, storage, transportation, recycling, processing, treatment, recovery or disposal of hazardous waste. Sections 36, 40, 44, 46-51, 52 and 53 of this bill remove references to specific activities constituting the management of hazardous waste. Sections 37.5, 38.5 and 40-41 of this bill revise certain definitions relating to the disposal of hazardous waste. Sections 46, 53 and 54 of this bill apply certain existing criminal and civil penalties and disciplinary actions to the management of hazardous waste. Section 34 of this bill defines the term “recycling” to mean the processing of hazardous waste to recover materials or produce a usable product. Section 36 establishes that an additional purpose of the provisions of existing law governing the disposal of hazardous waste includes conserving resources of material and energy through the recycling or recovery of hazardous waste. Section 35 of this bill provides that the Department may lien all real and personal property associated with a facility for the management of hazardous waste of the owner, operator or holder of a permit of the facility. Section 37 of this bill applies the definitions in existing law and section 34 governing the disposal of hazardous waste to the provisions of sections 34 and 35. – 4 – - 83rd Session (2025) Existing law requires the Commission, through the Department, to develop a program to encourage the minimization of hazardous waste and the recycling or reuse of hazardous waste. (NRS 459.485) Section 43 of this bill removes the requirement that the program include the reuse of hazardous waste. Existing law prohibits a person from constructing, substantially altering or operating a facility for the treatment, storage or disposal of hazardous waste or treating, storing or disposing of hazardous waste unless the person has first obtained a permit from the Department. (NRS 459.515) Section 46 provides that the person must only obtain a permit if the Commission has required by regulation that type of facility to obtain a permit. Section 47 requires the Commission to adopt regulations establishing the types of facilities for the management of hazardous waste which must obtain a permit. Existing law requires the Commission to adopt regulations requiring the owner or operator of any facility for the treatment, storage or disposal of hazardous waste to show his or her financial responsibility for the undertaking. (NRS 459.525) Section 48 requires the Commission to adopt regulations establishing the types of facilities for the management of hazardous waste which must show financial responsibility. Existing law provides that certain provisions of existing law authorizing any authorized representative or employee of the Commission or Department to conduct certain inspections relating to hazardous substances and authorizing the Department to issue certain orders relating to hazardous substances do not apply in a county whose population is less than 55,000 (currently all counties except Clark County, Washoe County, Lyon County and Carson City). (NRS 459.558) Section 51.5 of this bill removes this exemption. Existing law prohibits a person from transporting hazardous waste to a facility that has not been issued a permit to treat, store or dispose of hazardous waste. (NRS 459.590) Section 54.5 of this bill instead prohibits a person from transporting hazardous waste to a facility that has not been authorized to accept hazardous waste in accordance with certain regulations adopted by the Commission. EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 519A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 11, inclusive, of this act. Sec. 2. “Beneficiation” means the dressing or processing of ores to: 1. Regulate the size of a desired product; 2. Remove unwanted constituents; and 3. Improve the quality, purity or assay grade of a desired product. Sec. 3. “Discharge” has the meaning ascribed to it in NRS 445A.345. Sec. 4. “Facility” means all portions of a mining operation, including, without limitation, the mine, waste rock piles, ore piles, – 5 – - 83rd Session (2025) process components for beneficiation, processed ore disposal sites, and all associated buildings and structures. The term does not include any process component or non-process component that is not used for mining or mineral production and has not been used in the past for mining or mineral production. Sec. 5. “Fluid management system” means the portion of a facility constructed to contain or transport process fluids. Sec. 6. “Point source” means any discernible, confined and discrete conveyance from which pollutants are or may be discharged, including, without limitation, any pipe, ditch, channel, conduit, well, discrete fissure, container, roll [Text truncated for display. Full text available on LegiScan.]