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 a summary order if the Division has reasonable cause to believe that a person is about to violate certain provisions of existing law relating to the reclamation of land. Section 11 of this bill provides that, upon the issuance of a notice of noncompliance or a summary order to a person holding a permit for an exploration project or mining operation, the Division has a lien on all real and personal property of the person. 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 are conducted on: (1) land administered by a federal agency, an approved federal plan of operations and surety that are consistent with certain requirements supersedes 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 requires the Division to approve: (1) any parts of a federal plan of operations and surety approved by a federal agency for an exploration project or a mining operation conducted on land administered by a federal agency that include the stabilization of process fluids; and (2) a federal plan of operations and surety approved by a federal agency for an exploration project or a mining operation conducted on a site that includes both public and privately owned land. 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 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 28 of this bill revises the definition of the term “municipal solid waste landfill” to exclude a landfill that receives waste from a very small quantity generator. Section 23 of this bill defines the term “very small quantity generator.” Section 29 of this bill requires the owner or operator of a solid waste management facility to also obtain a permit from a solid waste management authority. Sections 30-32 of this bill apply certain other requirements in existing law governing municipal solid waste landfills to solid waste management facilities. Section 22 of this bill defines the term “solid waste management facility” to mean a facility or location that engages in any activity related to a solid waste management system. Section 27 of this bill revises the definition of the term “disposal site” to include a solid waste management facility. Section 24 of this bill requires the State Environmental Commission to adopt regulations prescribing the requirements for an owner or operator of a municipal solid waste landfill or solid waste management facility to demonstrate financial responsibility. Section 29 also 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, upon the issuance of an order or action taken by a solid waste management authority under existing law, the Division or solid waste management authority has a lien on all real and personal property of the person who is the subject of the order or action. Section 26 of this bill applies the definitions in existing law and sections 22 and 23 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 generation, collection, storage, transportation, processing, treatment, recovery and disposal of hazardous waste. (NRS 459.400-459.600) Sections 36, 38-45 and 47-52 of this bill expand the applicability of these requirements governing hazardous waste to include recycling as a method for the disposal of hazardous waste. Sections 46 and 53-55 of this bill apply certain existing criminal and civil penalties and disciplinary actions to the recycling of hazardous waste. As a result of the inclusion of recycling, certain existing fees and reimbursements relating to the management of hazardous waste also apply to the recycling of hazardous waste. (NRS 459.500, 459.512, 459.537, 459.548, 459.634) Section 34 of this bill defines the term “recycling” to mean the process of using hazardous waste to recover materials or produce a usable product. Section 35 of this bill provides that upon the issuance of an order under certain provisions of existing law, the Department has a lien on all real and personal property of the person who is the subject of the order. 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.

Statutes affected:
As Introduced: 519A.020, 519A.100, 519A.130, 519A.170, 519A.220, 519A.230, 519A.240, 519A.270, 519A.280, 444.450, 444.460, 444.465, 444.556, 444.557, 444.558, 444.559, 459.400, 459.405, 459.430, 459.435, 459.440, 459.455, 459.475, 459.485, 459.490, 459.500, 459.515, 459.520, 459.525, 459.537, 459.546, 459.550, 459.560, 459.565, 459.585, 459.600
BDR: 519A.020, 519A.100, 519A.130, 519A.170, 519A.220, 519A.230, 519A.240, 519A.270, 519A.280, 444.450, 444.460, 444.465, 444.556, 444.557, 444.558, 444.559, 459.400, 459.405, 459.430, 459.435, 459.440, 459.455, 459.475, 459.485, 459.490, 459.500, 459.515, 459.520, 459.525, 459.537, 459.546, 459.550, 459.560, 459.565, 459.585, 459.600