NRS 444.566 Regulations of State Environmental Commission: Requirements for owner or operator of municipal solid waste landfill or solid waste management facility; claims relating to financial responsibility.

415 words·~2 min read·/nv/chapter-444-sanitation/444-566

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. The State Environmental Commission shall adopt regulations prescribing the requirements for an owner or operator of a municipal solid waste landfill or solid waste management facility that is engaged in an activity established by regulations adopted pursuant to NRS 444.563 , to demonstrate that the owner or operator is financially responsible for the municipal solid waste landfill or solid waste management facility in accordance with subsection 4 of NRS 444.556 . Such regulations must require the owner or operator to provide:

(a)Evidence that the owner or operator has a policy of liability insurance in an amount which the State Department of Conservation and Natural Resources has determined is necessary for the protection of human health, public safety and the environment;

(b)Evidence of security, in a form and amount which the State Department of Conservation and Natural Resources deems necessary, to ensure that at the time of any abandonment, cessation or interruption of the service provided by the municipal solid waste landfill or solid waste management facility, and thereafter, all appropriate measures will be taken to prevent damage to human health, public safety and the environment; and

(c)Any other evidence of financial responsibility which the State Environmental Commission finds necessary for those purposes.

2. Requirements established pursuant to this section may not exceed those requirements for financial responsibility established pursuant to the Resource Conservation and Recovery Act.

3. Any claim arising from conduct for which evidence of financial responsibility is required may be asserted directly against the insurer, guarantor, surety or other person providing such evidence if the owner or operator:

(a)Has filed a petition in bankruptcy, or is the object of an involuntary petition;

(b)Cannot respond in damages in the event a judgment is entered against the owner or operator; or

(c)Is not subject to the personal jurisdiction of any courts of this or any other state, or of the United States, or cannot, with due diligence, be served with process.

4. If a claim is asserted directly against a person providing evidence of financial responsibility, that person may assert any right or defense which:

(a)The person might have asserted in any action against him or her by the owner or operator; or

(b)The owner or operator might have asserted, had the claim been made against him or her.