NRS 445C.090 - Rebuttal of presumption that regulated person is not liable for administrative or civil penalty for violation.

NV Rev Stat § 445C.090 (2019) (N/A)

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The presumption against administrative or civil liability set forth in NRS 445C.080 is rebutted to the extent it is established that:

1. The violation of an environmental requirement was committed willfully or with gross negligence by the regulated person;

2. The regulated person identified and disclosed the violation of an environmental requirement in an environmental audit after the commencement of:

(a) An independent inspection or investigation of the regulated facility by a regulatory agency or other governmental entity;

(b) An administrative proceeding against the regulated person for the violation; or

3. The violation resulted in serious actual harm or presented an imminent or substantial danger to the public health or the environment;

4. The environmental audit was conducted for a fraudulent purpose;

5. The regulated person obtained a significant economic benefit or advantage as a result of the violation; or

6. The regulated person conducted a previous environmental audit that disclosed the violation and he or she intentionally failed to report that violation to the appropriate regulatory agency.

(Added to NRS by 1997, 1077)

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NRS 445C.080 - Presumption that regulated person is not liable for administrative or civil penalty for violation; written agreement concerning environmental audit may be modified; authority of regulatory agency not limited by presumption against liability.

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NRS 445C.100 - Administrative or civil proceedings for violation: Burdens of proof.