2005 Nevada Revised Statutes - Chapter 590 — Motor Vehicle Fuel, Petroleum Products and Antifreeze
CHAPTER 590 - MOTOR VEHICLE FUEL, PETROLEUMPRODUCTS AND ANTIFREEZE
NEVADA PETROLEUM PRODUCTS INSPECTION ACT
NRS 590.010 Shorttitle.
NRS 590.020 Definitions.
NRS 590.030 Falsebranding prohibited.
NRS 590.040 Brandname must be shown; labeling of containers, dispensers, fill pipes for storagetanks and delivery outlets on tank delivery trucks; no brand products.
NRS 590.050 Falseor misleading advertising prohibited.
NRS 590.060 Adulterated,substituted, used or recycled products.
NRS 590.063 Pumps,dispensers and devices for blending gasoline.
NRS 590.065 Pumps,dispensers and devices for blending gasoline and motor oil.
NRS 590.070 Standardsfor motor vehicle fuel and petroleum products used in internal combustionengines: Adoption by State Board of Agriculture; sale and delivery ofnonconforming petroleum products unlawful; exception for aviation fuel;additional penalties.
NRS 590.071 Powersand duties of State Board of Agriculture concerning standards relating to motorvehicle fuel and petroleum products.
NRS 590.073 Specificationsfor aviation fuel.
NRS 590.080 Specificationsfor motor or lubricating oil.
NRS 590.090 Specificationsfor heating products; designation of brand and grade of heating fuel containedin storage tanks, dispensers and petroleum tank trucks; designations ofnumerical grade.
NRS 590.100 Powersand duties of State Sealer of Weights and Measures and Nevada Highway Patrol.
NRS 590.105 Certainmeasurement tables to be used in testing petroleum products or motor vehiclefuel.
NRS 590.110 Breaking,mutilating or destroying seal or covering, defacing or removing notice ofsealing unlawful.
NRS 590.120 Inspectionfee for motor vehicle fuel or lubricating oil shipped, transported or held forsale; monthly reports. [Effective through June 30, 2007.]
NRS 590.120 Inspectionfee for motor vehicle fuel or lubricating oil shipped, transported or held forsale; monthly reports; expenses incurred by Department of Motor Vehicles.[Effective July 1, 2007.]
NRS 590.130 Dispositionof inspection fees.
NRS 590.140 Dutiesof district attorneys.
NRS 590.150 Penalties;prima facie evidence.
ADVERTISEMENT OF MOTOR VEHICLE FUEL AND PETROLEUM PRODUCTS
NRS 590.160 Administration.
NRS 590.170 Displayof price and brand name, grade or certain words regarding sales of motor vehiclefuel and diesel fuel.
NRS 590.180 Phraseologyindicating reduced price.
NRS 590.190 Motorvehicle fuel without brand name: Requisites.
NRS 590.200 Sizeof letters, figures or numerals in designation of brand or lack thereof.
NRS 590.210 Sizeof letters in designating individual grade of motor vehicle fuel.
NRS 590.220 Sizeof letters, words, figures or numerals indicating prices of motor vehicle fuel.
NRS 590.230 Contentsand form of advertising medium; information concerning conditions of sale.
NRS 590.240 Fractionsas numerals. [Repealed.]
NRS 590.250 Numeral1 and letter l: Uniformity of type and design.
NRS 590.260 Visibilityand color of letters, words, figures or numerals.
NRS 590.270 Uniformityof color of words, letters, figures or numerals designating brands, prices,grades and conditions of sale.
NRS 590.280 Placementof medium in misleading position as regards other advertising.
NRS 590.290 Additionof words distorting meaning of medium advertising other goods.
NRS 590.300 Advertisingof motor oil or lubricating oil: General requirements.
NRS 590.310 Advertisingof motor oil or lubricating oil: Uniformity, size, color and legibility ofletters.
NRS 590.320 Advertisingof fuel or product not sold by advertiser.
NRS 590.322 Civilpenalties: Establishment of schedule by regulation; imposition.
NRS 590.324 Civilpenalties: Notice; hearing; judicial review; civil action to enforce; depositin State General Fund.
NRS 590.330 Criminalpenalties.
ANTIFREEZE
NRS 590.340 Shorttitle.
NRS 590.350 Definitions.
NRS 590.360 Adulteration.
NRS 590.370 Misbranding.
NRS 590.380 Saleor holding with intent to sell antifreeze without permit prohibited;application for permit; sample; fee established by regulation; issuance andcancellation of permit.
NRS 590.400 Enforcement.
NRS 590.420 Listof brands and trademarks registered by State Sealer of Weights and Measures.
NRS 590.430 Advertisingliterature: References to inspections by State Sealer of Weights and Measures.
NRS 590.440 Institutionof proceedings by district attorney.
NRS 590.450 Penalty.
LIQUEFIED PETROLEUM GAS
NRS 590.465 Shorttitle.
NRS 590.475 Definitions.
NRS 590.485 Boardfor Regulation of Liquefied Petroleum Gas: Creation; number, appointment,qualifications, terms and removal of members; compensation of members andemployees.
NRS 590.495 Boardfor Regulation of Liquefied Petroleum Gas: Meetings; quorum; officers; noticeof meetings and certain hearings.
NRS 590.505 Boardfor Regulation of Liquefied Petroleum Gas: Seal; Executive Secretary and otherpersonnel; policies and regulations; biennial report; records.
NRS 590.509 Boardfor Regulation of Liquefied Petroleum Gas: Offices; 24-hour telephone number;availability of persons to offer assistance in emergency.
NRS 590.515 Regulationsof Board: Generally.
NRS 590.519 Regulationsregarding safety; inspections; programs on safety.
NRS 590.521 Minimumgeneral standards for equipment.
NRS 590.525 Installationand maintenance of equipment.
NRS 590.535 Useof containers; required licenses; exceptions.
NRS 590.537 Dealerof leased tank to remove tank when requested at no charge; refund to customer.
NRS 590.545 Ordinancesof political subdivisions not to conflict with law or regulations of Board;exception.
NRS 590.547 Proposalsfor location of facilities for storage: Hearings; payment of costs; physicalinspection of site; considerations.
NRS 590.549 Powerof Board to issue, suspend and revoke licenses.
NRS 590.555 Applicationsfor licenses: Requirement; contents; fees.
NRS 590.565 Denialor issuance of licenses; copy of order denying license to be served on Governorand applicant.
NRS 590.575 Classifications.
NRS 590.585 Contentsof license.
NRS 590.595 Licensesnontransferable; license fees not refunded.
NRS 590.605 Disciplinaryaction.
NRS 590.610 Variancesfrom regulations.
NRS 590.615 Variancesfrom rules, regulations or specifications: Considerations.
NRS 590.625 AttorneyGeneral is Boards legal adviser.
NRS 590.635 Dutiesof sheriffs and police officers.
NRS 590.640 Penalties;injunctive relief available to Board.
NRS 590.645 Promotionof safety by Division of Industrial Relations of Department of Business andIndustry.
CLEANUP OF DISCHARGED PETROLEUM
NRS 590.700 Definitions.
NRS 590.710 Boarddefined.
NRS 590.720 Departmentdefined.
NRS 590.725 Dieselfuel of grade number 1 defined.
NRS 590.726 Dieselfuel of grade number 2 defined.
NRS 590.730 Dischargedefined.
NRS 590.740 Divisiondefined.
NRS 590.750 Funddefined.
NRS 590.760 Heatingoil defined.
NRS 590.765 Motorvehicle fuel defined.
NRS 590.770 Operatordefined.
NRS 590.780 Persondefined.
NRS 590.790 Petroleumdefined.
NRS 590.800 Storagetank defined.
NRS 590.810 Legislativefindings.
NRS 590.820 Boardto Review Claims: Creation; members; Chairman; administrative assistance;compensation of members.
NRS 590.830 Fundfor Cleaning Up Discharges of Petroleum: Creation; administration by Division;adoption of regulations by Board; claims; expenses and interest; resolutionsadopted by Board concerning Fund.
NRS 590.835 Fundfor Cleaning Up Discharges of Petroleum: Expenditures for certain discharges;limitations; reimbursement.
NRS 590.840 Collectionof fee for certain fuels and heating oil; exempt products; payment of expensesof Department.
NRS 590.850 Registrationof storage tanks: Collection of annual fee; exempt tanks; reimbursement andother liability for noncompliance.
NRS 590.860 Balancein Fund to determine collection of fees by Department.
NRS 590.870 Reportof discharge from tank required; Division to clean up discharge; exception;reimbursement; test of tank required for coverage.
NRS 590.880 Allocationof costs resulting from discharge from certain storage tanks for heating oil.
NRS 590.890 Allocationof costs resulting from discharge from other storage tanks; requirement to holdpublic hearings under certain circumstances.
NRS 590.900 Liabilityfor costs to clean up discharge caused by willful or wanton misconduct, grossnegligence or violation of statute or regulation.
NRS 590.910 Prorata reduction required if balance in Fund insufficient for full payment.
NRS 590.920 Tanksexempted from certain provisions; optional coverage of exempted tank.
_________
NEVADA PETROLEUM PRODUCTS INSPECTION ACT
NRS
[1:157:1955](NRS A 1989, 1950)
NRS
1. Additives means a substance to be added to amotor oil or lubricating oil to impart or improve desirable properties or tosuppress undesirable properties.
2. Advertising medium means any sign, printed orwritten matter, or device for oral or visual communication.
3. Alternative fuel includes, without limitation,premium diesel fuel, B-5 diesel fuel, B-10 diesel fuel, B-20 diesel fuel, B-100diesel fuel, M-85, M-100, E-85, E-100, liquefied petroleum gas, natural gas,reformulated gasoline, gasohol and oxygenated fuel.
4. Brand name means a name or logo that is used toidentify a business or company.
5. Grade means:
(a) Regular, midgrade, plus, super, premiumor words of similar meaning when describing a grade designation for gasoline.
(b) Diesel or words of similar meaning, including,without limitation, any specific type of diesel, when describing a gradedesignation for diesel motor fuel.
(c) M-85, M-100, E-85, E-100 or words ofsimilar meaning when describing a grade designation for alternative fuel.
(d) Propane, liquefied petroleum gas, compressednatural gas, liquefied natural gas or words of similar meaning whendescribing pressurized gases.
6. Motor vehicle fuel means a petroleum product oralternative fuel used for internal combustion engines in motor vehicles.
7. Performance rating means the system adopted bythe American Petroleum Institute for the classification of uses for which anoil is designed.
8. Petroleum products means gasoline, diesel fuel, burnerfuel kerosene, lubricating oil, motor oil or any product represented as motoroil or lubricating oil. The term does not include liquefied petroleum gas,natural gas or motor oil additives.
9. Recycled oil means a petroleum product which isprepared from used motor oil or used lubricating oil. The term includesrerefined oil.
10. Rerefined oil means used oil which is refinedafter its previous use to remove from the oil any contaminants acquired duringthe previous use.
11. Used oil means any oil which has been refinedfrom crude or synthetic oil and, as a result of use, has become unsuitable forits original purpose because of a loss of its original properties or thepresence of impurities, but which may be suitable for another use or economicallyrecycled.
12. Viscosity grade classification means the measureof an oils resistance to flow at a given temperature according to the gradeclassification system of the Society of Automotive Engineers or other gradeclassification.
[2:157:1955](NRS A 1961, 648; 1971, 667; 1977, 188;1985, 530; 1993, 58; 1995, 348;
NRS
1. It is unlawful for any person to sell, attempt tosell, offer for sale or assist in the sale of any motor vehicle fuel andwillfully and falsely to represent that motor vehicle fuel to be a motorvehicle fuel of any dealer, manufacturer or producer other than the truedealer, manufacturer or producer thereof.
2. It is unlawful for any member of a firm or anyofficer of a corporation knowingly to permit any employee of the firm orcorporation to sell, offer for sale or assist in the sale of any motor vehiclefuel and falsely to represent that motor vehicle fuel to be the motor vehiclefuel of any dealer, manufacturer or producer other than the true dealer,manufacturer or producer thereof.
3. This section does not apply to any person who sellsor offers for sale, under his own name or brand name, the product or output ofanother manufacturer or producer with the written consent of the manufactureror producer.
[3:157:1955](NRS A 1993, 58;
NRS
1. It is unlawful for any person to sell or offer tosell any motor vehicle fuel unless a sign or label is firmly attached to orpainted at or near the outlet of the container from which or into which themotor vehicle fuel is dispensed or received for sale or delivery. Except asotherwise provided in this section, the sign or label, in letters not less thanone-half inch in height, must contain the brand name and the grade designationof the motor vehicle fuel. All containers and dispensers of lubricating andmotor oil must also be labeled in the same manner with the oils viscositygrade classification and performance rating. If a lubricating or motor oil hasmore than one viscosity grade classification or performance rating, eachviscosity grade classification and performance rating must be included in thelabel. When the sign or label is attached to the faucet or valve of a tanktruck or tank wagon, the letters must be not less than one-half inch in height.The provisions of this subsection do not apply to any oil labeled predilutedor intended only for mixture with gasoline or other motor vehicle fuel in atwo-cycle engine.
2. The inlet end of the fill pipe to each storage tankof motor vehicle fuel must be labeled with the brand name and the grade of themotor vehicle fuel contained therein or have a product-specific pressure vesselfill connection.
3. Delivery outlets for motor vehicle fuel on tankdelivery trucks must be labeled to comply with the requirements of this sectionbefore departure from the bulk plants.
4. If any motor vehicle fuel has no brand name, thesign or label required by subsection 1 must consist of words, in letters notless than 3 inches high, that designate the specific type of motor vehicle fuelfollowed by the words No Brand, such as Gasoline, No Brand or E-100, NoBrand.
5. On any container with a net content of 1 UnitedStates gallon or less, the brand name or trademark, the name and address of thedistributor or manufacturer, the viscosity grade classification, theperformance rating and the words Motor Oil or Lubricating Oil must bepainted, printed, embossed or otherwise firmly affixed on the container inletters and numerals of legible size. Such a designation constitutes compliancewith the provisions of this section.
6. Small hand measures used for delivery of petroleumproducts or motor vehicle fuel that are filled in the presence of the customerneed not be labeled in accordance with the provisions of
[4:157:1955](NRS A 1960, 484; 1961, 648; 1971, 667;1975, 184; 1981, 527; 1993, 59; 1995, 349;
NRS
1. It is unlawful for any person, or any officer,agent or employee thereof, engaged in or operating in the business of sellingat retail any motor vehicle fuel to display any sign or other designating mark,at or near his place of business, which describes or designates a brand name ofa motor vehicle fuel not actually sold or offered for sale or delivery at theplace of business where the sign or other designating mark is displayed.
2. It is unlawful for any person, or any officer,agent or employee thereof, to make or cause to be made, by means of anyadvertising medium whatever, any statement concerning the sale of motor vehiclefuel or the performance characteristics thereof which is known to him to beuntrue or misleading, or which by the exercise of reasonable care and diligenceshould be known to him to be untrue or misleading.
[5:157:1955](NRS A 1993, 60;
NRS
1. Except as otherwise provided in
2. Whenever the description of any petroleum productor motor vehicle fuel is displayed on any tank, receptacle or other deliverydevice used for sale to the public, the kind, character and name of thepetroleum product or motor vehicle fuel dispensed therefrom must correspond tothe representations thereon.
3. Except as otherwise provided in this subsection, itis unlawful for any person, or any officer, agent or employee thereof, todeposit or deliver into any tank, receptacle or other container any petroleumproduct or motor vehicle fuel other than the petroleum product or motor vehiclefuel intended to be stored in the tank, receptacle or container and distributedtherefrom, as indicated by the name of the producer, manufacturer ordistributor of the product displayed on the container itself, or on the pump,dispenser or other distributing device used in connection therewith. Thissection does not apply to any person who sells or offers for sale under hisname or brand name the product or output of another manufacturer or producer,with the consent of that manufacturer or producer.
4. If used oil or recycled oil, other than rerefinedoil, is sold or offered for sale or delivery in this state, the container inwhich that oil is sold or offered for sale or delivery must bear a superimposedsign or label containing the clearly legible words Recycled Oil or UsedOil.
[6:157:1955](NRS A 1961, 649; 1963, 109; 1971, 668;1993, 60; 1995, 350; 2005,655)
NRS
1. The use of pumps, dispensers or other devices whichare capable of withdrawing gasoline from each of two tanks containing differentqualities of the same petroleum product or motor vehicle fuel and dispensingthem as a single combined product must be authorized if the Division ofMeasurement Standards of the State Department of Agriculture determines thatall the following conditions exist:
(a) The device mechanism accurately measures the quantitiesof the gasoline being simultaneously withdrawn from each of the two tanks andthe quantity dispensed.
(b) The device mechanism accurately and visibly recordsand displays the resulting combined quality, the total quantity, the price pergallon for the particular quality combination being dispensed and the totalprice of the quantity of gasoline dispensed at the particular sale.
(c) The device has a locking selector mechanism whichprevents the changing of the proportion of the two qualities being combinedduring the dispensing of the desired quantity.
2. The provisions of this section authorize theoperation of a blending type of pump or dispenser connected to two tankscontaining two different grades of the same product, which, if blended togetherin different proportions, will produce gasoline of different octane rating,each blend of which meets the specifications for gasoline as required by thischapter.
(Added to NRS by 1963, 108; A 1993, 1796;
NRS
1. The use of pumps, dispensers or other devices whichare capable of withdrawing gasoline from one tank containing gasoline andanother tank containing motor oil and dispensing them as a single combinedproduct and of withdrawing gasoline alone from the tank containing gasolinemust be authorized if the Division of Measurement Standards of the StateDepartment of Agriculture determines that all the following conditions exist:
(a) The device mechanism accurately measures thequantities being simultaneously withdrawn for dispensing as a combined productfrom each of the two tanks when the combined product is dispensed, and thequantity being dispensed from the gasoline tank alone when gasoline alone isdispensed.
(b) The device mechanism accurately and visibly recordsand displays the ratio of gasoline to motor oil, the quantity of eachingredient being dispensed, the price per gallon for gasoline being dispensedand the price per quart for motor oil being dispensed, or accurately andvisibly records and displays the ratio of gasoline to motor oil and the totalvolume of the oil and gasoline mixture delivered, and computes the total costbased upon the price set for the finished blend.
(c) The device mechanism prevents the changing of theratio of gasoline to motor oil during dispensing.
(d) There is firmly attached to or painted upon thedevice mechanism panel a sign or label plainly visible consisting of the wordstwo-cycle motor fuel together with the brand name or trademark of theproduct, all of which must be in letters not less than one-half inch in height.
2. The provisions of this section authorize theoperation of a blending type of pump or dispenser connected to two tanks, onecontaining motor oil and the other gasoline, but only if the motor oil in itsseparate state meets the specifications for lubricating oil as required by
(Added to NRS by 1963, 108; A 1993, 1796;
NRS
1. The State Board of Agriculture shall adoptregulations relating to the standards for motor vehicle fuel and petroleumproducts used in internal combustion engines.
2. It is unlawful for any person, or any officer,agent or employee thereof, to sell, offer for sale, assist in the sale of,deliver or permit to be sold or offered for sale, any petroleum or petroleumproduct as, or purporting to be, motor vehicle fuel, unless it conforms withthe regulations adopted by the State Board of Agriculture pursuant to thissection.
3. This section does not apply to aviation fuel.
4. In addition to any criminal penalty that is imposedpursuant to the provisions of NRS 590.150,any person who violates any provision of this section may be further punishedas provided in NRS 590.071.
[7:157:1955](NRS A 1961, 650; 1967, 151; 1975, 185;1989, 1950; 1991, 2024; 1993, 61;
NRS
1. The State Board of Agriculture shall:
(a) Enforce the standards relating to motor vehiclefuel and petroleum products adopted pursuant to
(b) Adopt regulations specifying a schedule of finesthat it may impose, upon notice and hearing, for each violation of theprovisions of NRS 590.070. The maximumfine that may be imposed by the Board for each violation must not exceed $5,000per day. All fines collected by the Board pursuant to the regulations adoptedpursuant to this subsection must be deposited with the State Treasurer forcredit to the State General Fund.
2. The State Board of Agriculture may:
(a) In addition to imposing a fine pursuant tosubsection 1, issue an order requiring a violator to take appropriate action tocorrect the violation.
(b) Request the district attorney of the appropriatecounty to investigate or file a criminal complaint against any person that theBoard suspects may have violated any provision of
(Added to NRS by 1989, 1949; A
NRS
1. It is unlawful for any person to sell, offer forsale or assist in the sale of, or permit to be sold or offered for sale, anyaviation fuel unless such fuel conforms to the specification standardsprescribed by regulation of the State Sealer of Weights and Measures. The StateSealer of Weights and Measures may follow the specification standards set forthby ASTM International.
2. This section does not apply to aviation fuel foruse by military aircraft.
(Added to NRS by 1967, 151; A
NRS
1. Except as otherwise provided in subsection 2,crankcase drainings, lube-distillate, or any other petroleum product may not besold, offered for sale, delivered, offered for delivery or stored as a motoroil or lubricating oil for use in the crankcase of an internal combustionengine unless it conforms to the performance rating set forth on its containerand the following specifications:
(a) It must be free from water and suspended matterwhen tested by means of centrifuge, in accordance with the testing proceduresapproved by the State Sealer of Weights and Measures.
(b) The flash points for the various viscosity gradeclassifications must not be less than the following when tested by theCleveland Open Cup Method in accordance with the testing procedures approved bythe State Sealer of Weights and Measures. Except as otherwise provided in thisparagraph, the viscosity grade classification number of motor or lubricatingoils must conform to the latest Society of Automotive Engineers viscosityclassification. Grade numbers 60 and 70 must conform to the requirements listedin this paragraph.
Viscosity SayboldtSeconds
Viscosity MinimumFlash Universal 210 Degrees
Classification DegreesFahrenheit Fahrenheit
S.A.E. 5W 305
S.A.E. 10W 335
S.A.E. 20 and 20W 345
S.A.E. 30 355
S.A.E. 40 375
S.A.E. 50 400
Grade 60 435 110to less than 125
Grade 70 470 125to less than 150
2. The provisions of this section do not apply to anyoil labeled prediluted or intended only for mixture with gasoline or othermotor fuel in a two-cycle engine.
[8:157:1955](NRS A 1961, 650; 1963, 110; 1971, 669;1975, 185; 1981, 529; 1995, 351)
NRS
1. It is unlawful for any person, or any officer,agent or employee thereof, to sell, offer for sale, or assist in the sale of orpermit to be sold or offered for sale any petroleum or petroleum product to beused for heating purposes, unless the petroleum or petroleum product conformsto the most recent standards adopted by ASTM International.
2. All bulk storage tanks, dispensers and petroleumtank truck compartment outlets containing or dispensing heating fuel must belabeled with the brand name and the grade designation of the heating fuel.
3. A person shall not use the numerical grade designationfor heating fuels adopted by ASTM International unless the designation conformsto that designation. Persons using a designation other than the numerical gradedesignation adopted by ASTM International must file with the Division ofMeasurement Standards of the State Department of Agriculture the designation tobe used together with its corresponding grade designation of ASTMInternational.
[9:157:1955](NRS A 1960, 485; 1961, 651; 1963, 110;1993, 1797; 1999,3739; 2003, 2328)
NRS
1. He may publish reports relating to petroleumproducts and motor vehicle fuel in such form and at such times as he deemsnecessary.
2. He, or his appointees, shall inspect and check theaccuracy of all measuring devices for petroleum products and motor vehicle fuelmaintained in this State, and shall seal all such devices whose tolerances arefound to be within those prescribed by the National Institute of Standards andTechnology.
3. He, or his appointees, or any member of the NevadaHighway Patrol, may take such samples as he deems necessary of any petroleumproduct or motor vehicle fuel that is kept, transported or stored within theState of Nevada. It is unlawful for any person, or any officer, agent oremployee thereof, to refuse to permit the State Sealer of Weights and Measures,or his appointees, or any member of the Nevada Highway Patrol, in the State ofNevada, to take such samples, or to prevent or to attempt to prevent the StateSealer of Weights and Measures, or his appointees, or any member of the NevadaHighway Patrol, from taking them. If the person, or any officer, agent oremployee thereof, from which a sample is taken at the time of taking demandspayment, then the person taking the sample shall pay the reasonable marketprice for the quantity taken.
4. He, or his appointees, may close and seal theoutlets of any unlabeled or mislabeled containers, pumps, dispensers or storagetanks connected thereto or which contain any petroleum product or motor vehiclefuel which, if sold, would violate any of the provisions of
5. He, or his appointees, shall, upon at least 24hours notice to the owner, manager, operator or attendant of the premiseswhere a container, pump, dispenser or storage tank has been sealed, and at thetime specified in the notice, break the seal for the purpose of permitting theremoval of the contents of the container, pump, dispenser or storage tank. Ifthe contents are not immediately and completely removed, the container, pump,dispenser or storage tank must be again sealed.
6. He shall adopt regulations which are necessary forthe enforcement of NRS 590.010 to
[10:157:1955](NRS A 1959, 619; 1961, 581, 651; 1981,529; 2005, 658)
NRS
(Added to NRS by 1961, 647; A 1963, 111;
NRS
[11:157:1955](NRS A
NRS
1. Every person, or any officer, agent or employeethereof, shipping or transporting any motor vehicle fuel or lubricating oilinto this State for sale or consignment, or with intent to sell or consign thesame, shall pay to the Department of Motor Vehicles an inspection fee of 0.055of a cent per gallon for every gallon of motor vehicle fuel or lubricating oilso shipped or transported into the State, or that is held for sale within thisState. This section does not require the payment of an inspection fee on anyshipment or consignment of motor vehicle fuel or lubricating oil when theinspection fee has been paid.
2. Of each inspection fee paid to the Department ofMotor Vehicles pursuant to this section, 0.005 of a cent per gallon must betransferred quarterly to an account in the State General Fund for the StateBoard of Agriculture. The State Board of Agriculture shall use all moneytransferred pursuant to this subsection to pay the expenses incurred inenforcing the provisions of NRS 590.070.
3. On or before the last day of each calendar month,every person, or any officer, agent or employee thereof, required to pay theinspection fee described in subsection 1 shall send to the Department of MotorVehicles a correct report of the motor vehicle fuel or oil volumes for thepreceding month. The report must include a list of distributors or retailersdistributing or selling the products and must be accompanied by the requiredfees.
4. Failure to send the report and remittance asspecified in subsections 1 and 3 is a violation of
5. The provisions of this section must be carried outin the manner prescribed in chapters 360Aand 365 of NRS.
[12:157:1955](NRS A 1957, 587; 1961, 582; 1975,1748; 1989, 1951; 1999,1022; 2001, 2641)
NRS 590.120
1. Every person, or any officer, agent or employee thereof,shipping or transporting any motor vehicle fuel or lubricating oil into thisState for sale or consignment, or with intent to sell or consign the same,shall pay to the Department of Motor Vehicles an inspection fee of 0.055 of acent per gallon for every gallon of motor vehicle fuel or lubricating oil soshipped or transported into the State, or that is held for sale within thisState. This section does not require the payment of an inspection fee on anyshipment or consignment of motor vehicle fuel or lubricating oil when theinspection fee has been paid.
2. The inspection fees collected pursuant to theprovisions of subsection 1, together with any penalties and interest collectedthereon, must be transferred quarterly to the account in the State General Fundcreated pursuant to NRS 561.412 for the useof the State Department of Agriculture.
3. On or before the last day of each calendar month,every person, or any officer, agent or employee thereof, required to pay theinspection fee described in subsection 1 shall send to the Department of MotorVehicles a correct report of the motor vehicle fuel or oil volumes for thepreceding month. The report must include a list of distributors or retailersdistributing or selling the products and must be accompanied by the requiredfees.
4. Failure to send the report and remittance asspecified in subsections 1 and 3 is a violation of
5. The provisions of this section must be carried outin the manner prescribed in chapters 360Aand 365 of NRS.
6. All expenses incurred by the Department of MotorVehicles in carrying out the provisions of this section are a charge againstthe account created pursuant to NRS 561.412.
7. For the purposes of this section, motor vehiclefuel does not include diesel fuel, burner fuel or kerosene.
[12:157:1955](NRS A 1957, 587; 1961, 582; 1975, 1748;1989, 1951; 1999,1022; 2001, 2641;2005, 1526,effective July 1, 2007)
NRS
[13:157:1955](NRS A 1959, 620; 1961, 583; 1975,1749; 1989, 1951; 1999,1022; 2001, 2642;R 2005, 1526,effective July 1, 2007)
NRS
[15:157:1955]
NRS
1. Any person, or any officer, agent or employeethereof, who violates any of the provisions of
2. Each such person, or any officer, agent or employeethereof, is guilty of a separate offense for each day during any portion ofwhich any violation of any provision of NRS590.010 to 590.140, inclusive, iscommitted, continued or permitted by such person, or any officer, agent oremployee thereof, and shall be punished as provided in this section.
3. The selling and delivery of any petroleum productor motor vehicle fuel mentioned in NRS590.010 to 590.140, inclusive, isprima facie evidence of the representation on the part of the vendor that thequality sold and delivered was the quality bought by the vendee.
[14:157:1955](NRS A 1961, 583; 1989, 1951;
ADVERTISEMENT OF MOTOR VEHICLE FUEL AND PETROLEUM PRODUCTS
NRS
[17:323:1951](NRS A 1957, 588;
NRS
1. Except as otherwise provided in this section, aperson shall not keep, maintain or display in this State any advertising mediumwhich indicates, shows or advertises the price of motor vehicle fuel sold,offered for sale or advertised for sale from the premises, unless the actualprice per unit of measure of motor vehicle fuel, including taxes, is also shownon the advertising medium, together with the brand name and the individualgrade or grades of the motor vehicle fuel being advertised. If motor vehiclefuel prices are advertised in units of measure other than the gallon, theactual price per unit of measure along with the equivalent price per gallon andthe word designating the unit of measure must be displayed on the face of the pumpor dispenser.
2. The price of diesel fuel may be advertisedexcluding state tax, but only by a sign which clearly and conspicuouslycontains the wording With Permit, With State Permit or words of similarmeaning in letters of uniform size not less than 4 inches in height. Dieselfuel dispensers displaying unit price without state tax must be labeled inletters not less than 1 inch in height with the words Permit Price, WithState Permit or words of similar meaning.
3. Except as otherwise provided in subsection 2,retail devices displaying the unit price to compute or record deliveries mustnot be considered an advertising medium.
[1:323:1951](NRS A 1959, 673; 1960, 485; 1963, 111;1971, 670; 1977, 1064; 1981, 530; 1993, 61;
NRS
1. No person offering for sale or selling any motorvehicle fuel in the State of Nevada may post or display a sign or statement orother advertising medium reading, in substance, save a designated amount, ora designated amount per unit of measure, such as save 5 cents or save 5cents per gallon, or using the expression off a designated amount, such as5 cents off or 5 cents less, or discount of a given amount, such as5-cent discount, or otherwise using the words save, off, discount,wholesale, below, or any of them, or a word or words of similar meaning orother phraseology indicating a reduced price, unless there is posted anddisplayed in letters of equal size and as part of the same sign, statement orother advertising medium the total price, including all taxes, at which motorvehicle fuel is being sold or offered for sale, designating the price for eachbrand name or grade of motor vehicle fuel being sold or offered for sale.
2. The size of the letters, words, figures or numeralsused to indicate the total price per unit of measure, including all taxes, mustbe of a size as provided under the provisions of
[2:323:1951](NRS A 1960, 485; 1981, 531; 1993, 62;
NRS
[3:323:1951](NRS A 1993, 62;
NRS
[4:323:1951](NRS A 1981, 531;
NRS
[5:323:1951](NRS A 1963, 111; 1977, 1064; 1993, 62;
NRS
[6:323:1951](NRS A 1981, 531; 1993, 62;
NRS
1. The advertising medium referred to in
2. If the price of a brand name or grade of motorvehicle fuel is advertised by means of a price sign and is sold at differentprices from the dispensing devices on the premises, the sign or signsadvertising the price must include notice of the conditions under which thebrand name or grade is sold. If the sign advertises only the cash price, as acondition of sale for the motor vehicle fuel offered for sale on the premises,the sign must clearly state cash in letters a minimum of 6 inches in heightor one-third the size of the numerals in announcing the price, whichever islarger. If terms stating the condition of sale, including self-serve, fullserve, or words of similar meaning, appear on a price sign, there must besigns designating self-serve and full serve islands, pumps or dispensingdevices in letters of 4 inches in height or more, conspicuously posted, showingthe pumps or dispensing devices where the product is sold at each price.
[7:323:1951](NRS A 1977, 1064; 1993, 62;
NRS
NRS
[9:323:1951]
NRS
[10:323:1951]
NRS
[11:323:1951](NRS A 1993, 63;
NRS
[12:323:1951](NRS A 1993, 63)
NRS
[13:323:1951](NRS A 1993, 63)
NRS
1. No person shall keep, maintain or display on thepremises or near any place of business in this state any advertising mediumwhich indicates or shows or advertises the price of motor oil or lubricatingoil offered for sale or advertised for sale from such premises without clearlyand conspicuously showing on the same advertising medium where such price isadvertised the trade name or brand name of the particular motor oil or lubricatingoil the price of which is so advertised, together with the words motor oil orlubricating oil.
2. If such motor oil or lubricating oil has no brandname or trade name, then the words no brand shall be displayed in connectionwith the designation of the product.
[14:323:1951]
NRS
1. All letters, figures or numerals, used indesignating the brand name or the words no brand which are part of anyadvertising medium indicating, showing or advertising the price of lubricatingoil or motor oil, shall be uniform size, type and design and may be of anyconvenient height except that the height shall not be more than twice thedimension of the width of each such letter, figure or numeral.
2. All letters used in designating the words motor oilor lubricating oil which are part of any advertising medium indicating,showing or advertising the price of lubricating oil or motor oil shall be ofuniform size, type and design and shall not be less than one-half the size norgreater than the size, either in height or width, of any letters, figures ornumerals designating the brand name of the motor oil or lubricating oil beingadvertised.
3. All letters, words, figures or numerals used forthe purpose of indicating the price of motor oil or lubricating oil shall beuniform in size and shall not be more than twice the size of the letters,figures or numerals used for the purpose of designating the brand name or thewords no brand.
4. All letters, figures or numerals used fordesignating the brand name or the words no brand when used as a part of anyadvertising medium indicating, showing or advertising the price of motor oil orlubricating oil shall be of like color or tint.
5. All letters, figures or numerals used fordesignating the price of motor oil or lubricating oil shall be of like color ortint.
6. All letters used in designating the words motoroil or lubricating oil when used as a part of any advertising mediumindicating, showing or advertising the price of motor oil or lubricating oilshall be of like color or tint.
7. All such color or tint shall contrast with thebackground and other parts of such advertising medium.
[15:323:1951]
NRS
[16:323:1951](NRS A 1993, 63;
NRS
1. The State Sealer of Weights and Measures shalladopt regulations establishing a schedule of civil penalties for any violationof NRS 590.160 to
2. In addition to any criminal penalty that may beimposed, a person who violates any provision of
(Added to NRS by
NRS
1. A person subject to a civil penalty may request anadministrative hearing within 10 days after receipt of the notice of the civil penalty.The State Sealer of Weights and Measures or his designee shall conduct thehearing after giving appropriate notice to the respondent. The decision of theState Sealer of Weights and Measures or his designee is subject to appropriatejudicial review.
2. If the respondent has exhausted his administrativeappeals and the civil penalty has been upheld, he shall pay the civil penalty:
(a) If no petition for judicial review is filedpursuant to NRS 233B.130, within 40days after the final decision of the State Sealer of Weights and Measures; or
(b) If a petition for judicial review is filed pursuantto NRS 233B.130 and the civil penaltyis upheld, within 10 days after the effective date of the final decision of thecourt.
3. If the respondent fails to pay the civil penalty, acivil action may be brought by the State Sealer of Weights and Measures in anycourt of competent jurisdiction to recover the civil penalty. All civilpenalties collected pursuant to this chapter must be deposited with the StateTreasurer for credit to the State General Fund.
(Added to NRS by
NRS
1. For the first conviction, by a fine of not morethan $500.
2. For the second conviction, for a misdemeanor.
3. For the third and subsequent convictions, for agross misdemeanor.
[16.1:323:1951; added 1953, 326](NRS A 1959, 674;1967, 619; 2005, 661)
ANTIFREEZE
NRS
[12:308:1949; 1943 NCL 1006.12]
NRS
1. Antifreeze includes all substances andpreparations intended for use as the cooling medium, or to be added to thecooling liquid, in the cooling system of internal combustion engines to preventfreezing of the cooling liquid or to lower its freezing point.
2. Fiscal year means the period of 1 year beginningJuly 1 and expiring June 30 of the following year.
[1:308:1949; 1943 NCL 1006.01] + [Part 4:308:1949;A 1951, 18](NRS A 1985, 530)
NRS
1. If it consists in whole or in part of any substancewhich will render it injurious to the cooling system of an internal combustionengine or will make the operations of the engine dangerous to the user; or
2. If its strength, quality or purity falls below thestandard of strength, quality or purity under which it is sold.
[2:308:1949; 1943 NCL 1006.02]
NRS
1. If its labeling is false or misleading in anyparticular; or
2. If in package form it does not bear a labelcontaining the name and place of business of the manufacturer, packer, selleror distributor and an accurate statement of the quantity of the contents interms of weight or measure on the outside of the package.
[3:308:1949; 1943 NCL 1006.03]
NRS
1. Before any antifreeze may be sold, displayed forsale or held with intent to sell within this State, a sample thereof must beinspected annually by the State Sealer of Weights and Measures.
2. Upon application of the manufacturer, packer,seller or distributor and the payment of a fee established by regulation of theState Board of Agriculture for each brand of antifreeze submitted, the StateSealer of Weights and Measures shall inspect the antifreeze submitted. If theantifreeze:
(a) Is not adulterated or misbranded;
(b) Meets the standards of the State Sealer of Weightsand Measures; and
(c) Is not in violation of
the StateSealer of Weights and Measures shall issue to the applicant a written permitauthorizing its sale in this State for the fiscal year in which the inspectionfee is paid.
3. If the State Sealer of Weights and Measures at alater date finds that:
(a) The product to be sold, displayed for sale or heldwith intent to sell has been materially altered or adulterated;
(b) A change has been made in the name, brand ortrademark under which the antifreeze is sold; or
(c) The antifreeze violates the provisions of
he shallnotify the applicant and the permit must be cancelled forthwith.
[Part 4:308:1949; A 1951, 18](NRS A 1971, 120; 1977,262; 1983, 406; 1999,3601)
1. The State Sealer of Weights and Measures shallenforce the provisions of NRS 590.340 to590.450, inclusive, by inspections,chemical analyses or any other appropriate methods. All samples for inspectionor analysis shall be taken from stocks in the State or intended for sale in theState, or the State Sealer of Weights and Measures, through his agents, maycall upon the manufacturer or distributor applying for an inspection of anantifreeze to supply such samples thereof for analysis.
2. The State Sealer of Weights and Measures, throughhis agents, shall have free access at all reasonable times to all places ofbusiness, buildings, vehicles, cars and vessels used in the manufacture,transportation, sale or storage of any antifreeze, and he may open any box,carton, parcel or package containing or supposed to contain any antifreeze andmay take therefrom samples for analysis. If the person, or any officer, agentor employee thereof, from which such sample is taken, at the time of taking demandspayment, the person taking such sample shall pay the reasonable market pricetherefor.
[5:308:1949; 1943 NCL 1006.05](NRS A 1961, 652)
NRS
[7:308:1949; A 1951, 18]
NRS
[8:308:1949; 1943 NCL 1006.08]
NRS
[9:308:1949; 1943 NCL 1006.09](NRS A 1961, 583)
NRS
[11:308:1949; 1943 NCL 1006.11](NRS A 1961, 652)
LIQUEFIED PETROLEUM GAS
NRS
(Added to NRS by 1957, 476; A 1987, 1538; 1989, 1837)
NRS
1. Board means the Board for the Regulation ofLiquefied Petroleum Gas.
2. Liquefied petroleum gas, LPG or LP-Gas meansany material which is composed predominantly of any of the followinghydrocarbons, or mixtures of propane, propylene, butanes, either normal butaneor isobutane, and butylenes.
(Added to NRS by 1957, 476; A 1985, 530, 799)
NRS
1. The Board for the Regulation of Liquefied PetroleumGas, consisting of six members appointed by the Governor, is hereby created.
2. The Governor shall appoint:
(a) One member who is a volunteer firefighter in arural area of this State.
(b) One member who is a firefighter employed by thefire department of a city in this State.
(c) Two members who:
(1) Are or have been engaged in the sale ordistribution of liquefied petroleum gas in this State; and
(2) Have a working knowledge of and actualexperience in the daily operation of a business classified pursuant to theprovisions of subsection 1 of NRS 590.575.
Each memberappointed pursuant to this paragraph may be appointed from a separate list ofthree nominees for appointment if such a list of nominees is provided to theGovernor by the Nevada Propane Dealers Association.
(d) Two members who are representatives of the generalpublic.
3. After the initial terms, the members of the Boardmust be appointed to terms of 4 years.
4. Any appointed member may, for cause, inefficiencyor neglect of duties, be removed from office by the Governor.
5. Each member of the Board is entitled to receive asalary of not more than $80 per day, as fixed by the Board, while engaged inthe business of the Board.
6. While engaged in the business of the Board, eachmember and employee of the Board is entitled to receive the per diem allowanceand travel expenses provided for state officers and employees generally.
7. Except as otherwise provided by
(Added to NRS by 1957, 476; A 1977, 1245; 1985, 440,799; 1987, 1538; 1989, 1720; 1991, 386; 1993, 219, 443;
NRS
1. The Board shall hold three regular meetings peryear in the months of March, July and November at such times and at such placesas may be specified by a call of the Chairman.
2. Special meetings may be held at such times andplaces as may be specified by a call of the Chairman or a majority of theBoard.
3. At the regular meeting in March of each year, theBoard shall elect, by majority vote, a Chairman, Vice Chairman andSecretary-Treasurer, who shall hold their respective offices for a period of 1year.
4. Four members of the Board constitute a quorum, andmay exercise all the power and authority conferred on the Board.
5. If the Board conducts a hearing concerning thelocation of a facility for the storage of liquefied petroleum gas pursuant to
(a) Notify the governing body and fire protectionagency of the town; and
(b) Post a notice in a conspicuous place in the town,
in which thehearing will be held, at least 10 days before the hearing.
6. In addition to any other notice, the Board shallpost the agenda of each meeting in:
(a) The county seat of each county in this State; and
(b) Each city or town,
in which aproject identified on the agenda is located.
(Added to NRS by 1957, 476; A 1983, 1447; 1987, 1053,1538; 1989, 1838; 1993, 443)
NRS
1. The Board may adopt a seal for its own use whichmust have imprinted thereon the words Board for the Regulation of LiquefiedPetroleum Gas. The care and custody of the seal is the responsibility of theSecretary-Treasurer of the Board.
2. The Board may appoint an Executive Secretary andmay employ or, pursuant to NRS 284.173,contract with such other technical, clerical or investigative personnel as itdeems necessary. The Board shall fix the compensation of the ExecutiveSecretary and all other employees and independent contractors. Suchcompensation must be paid out of the money of the Board. The Board may requirethe Executive Secretary and any other employees and independent contractors togive a bond to the Board for the faithful performance of their duties, thepremiums on the bond being paid out of the money of the Board.
3. In carrying out the provisions of
(a) Shall adopt written policies setting forthprocedures and methods of operation for the Board.
(b) May adopt such regulations as it deems necessary.
4. The Board shall submit to the Legislature and theGovernor a biennial report before September 1 of each even-numbered year,covering the biennium ending June 30 of that year, of its transactions duringthe preceding biennium, including a complete statement of the receipts andexpenditures of the Board during the period and any complaints received by theBoard.
5. The Board shall keep accurate records, minutes andaudio recordings or transcripts of all meetings and, except as otherwiseprovided in NRS 241.035, the records,minutes, audio recordings and transcripts so kept must be open to publicinspection at all reasonable times. The Board shall also keep a record of allapplications for licenses and licenses issued by it. The record of applicationsand licenses is a public record.
(Added to NRS by 1957, 477; A 1971, 211; 1981, 92;1983, 1233; 1985, 800; 1987, 1539; 1989, 1838; 1991, 387;
NRS
1. The Board shall maintain in such locations as itdeems necessary an office open to the public during business hours on weekdays,with a telephone number available 24 hours a day for persons who use liquefiedpetroleum gas to obtain assistance in an emergency.
2. The office must be supervised by an employee of theBoard qualified to deal with the complaints of persons who use liquefiedpetroleum gas and with other matters relating to the business of the Board.
3. Persons licensed by the Board pursuant to
(Added to NRS by 1987, 1537; A 1993, 444)
NRS
1. In addition to any other regulations it isauthorized or required to adopt, the Board shall adopt such other regulationsas are reasonably necessary for the:
(a) Protection of the health, welfare and safety of thepublic and persons using liquefied petroleum gases;
(b) Provision of reasonable and adequate service tothose persons using liquefied petroleum gases; and
(c) Regulation of the removal of a tank from acustomers premises and the maximum time allowable between the request and theremoval. The Board shall consider the presence of fences or other physicalimpediments to the removal of the tank in determining reasonable exceptions tothe time allowed for removal.
2. All regulations adopted by the Board relating tosafety must be in substantial conformity with the generally accepted standardsof safety concerning the same subject matter. Regulations adopted by the Boardrelating to safety in the storage, distribution, dispensing, transporting andutilization of LPG in this State and in the manufacture, fabrication, assembly,sale, installation and use of LPG systems, containers, apparatus or appliancesmust be just and reasonable and must conform, as nearly as possible, to thestandards of the National Fire Protection Association, relating to the design,construction, installation and use of systems, containers, apparatus,appliances and pertinent equipment for the storage, transportation,dispensation and utilization of LPG.
3. In addition, the Board shall adopt regulationswhich:
(a) Provide for the Board, through its staff, to:
(1) Respond to inquiries and complaints frompersons who use liquefied petroleum gas;
(2) Assist persons who use liquefied petroleumgas in obtaining liquefied petroleum gas in an emergency; and
(3) Facilitate the resolution of disputesbetween licensees and their customers.
Theprovisions of this paragraph do not impose a duty upon the Board to providefinancial assistance to any person.
(b) Provide for the hearing and mediation of complaintsfiled by persons who use liquefied petroleum gas. Any such hearing must be opento the public, recorded on tape and prior notice thereof must be mailed by theBoard to any person who requests to receive notice of such hearings.
(c) Require each licensee to disclose uniformlyinformation which the Board determines is necessary to disseminate to thelicensees customers and prospective customers. The Board may adopt forms forsuch disclosures, but shall also require each licensee to post its rates and,upon request, disclose by telephone its applicable rates to existing andpotential customers who so inquire.
(Added to NRS by 1957, 478; A 1981, 94; 1987, 1540;1989, 1839; 1991, 504; 2005,299)
NRS
1. The Board shall adopt regulations regarding safetyfor all:
(a) Systems for the distribution of liquefied petroleumgas to nine users of liquefied petroleum gas or less;
(b) Tanks and appliances for liquefied petroleum gas;and
(c) Suppliers and distributors of liquefied petroleumgas to any person or any system for the distribution of liquefied petroleumgas.
2. The Board shall:
(a) Provide for the regular inspection of all systems,containers, apparatus and equipment for the storage, distribution,transportation, dispensing or use of liquefied petroleum gas.
(b) Employ such qualified inspectors as are necessaryto carry out the provisions of paragraph (a).
(c) Conduct programs on safety relating to liquefiedpetroleum gas for volunteer firefighters and groups of persons who useliquefied petroleum gas.
(Added to NRS by 1987, 1537; A
NRS
(Added to NRS by 1987, 1536)
NRS
(Added to NRS by 1957, 479; A 1987, 1541)
NRS
1. No person, firm or corporation, other than theowner and those authorized by the owner so to do, shall sell, fill, refill,deliver or permit to be delivered, or use in any manner any liquefied petroleumgas container or receptacle for any gas, compound, or for any other purposewhatsoever.
2. No person, firm or corporation shall hereafterengage in this state in the business of manufacturing, fabricating, assembling,selling or installing any systems, containers, apparatuses or appliances used,or to be used, in this state for the transportation, storage, dispensation orutilization of LPG, nor shall any transporter, distributor or retailer of LPGengage in storing, dispensing or utilizing, nor shall any transporter,distributor or retailer dispense or transport over the highways of this stateany LPG intended for use in this state in any system, container, apparatus orappliance without having first applied and obtained from the Board a license todo so.
3. The licenses required by this section shall notapply to the following types of businesses or operations:
(a) Those engaged in the production or manufacture ofLPG.
(b) Those engaged in the wholesale selling or resellingof LPG to transporters, industrial consumers, processors, distributors orretailers, except wholesalers selling to ultimate consumers in this state.
(c) Those selling or delivering motor vehicles ortractors, or supplying the same, which are factory-equipped with an LP-Gassystem, container, apparatus or appliance for the utilization therein of LPG asmotor fuel.
(Added to NRS by 1957, 479)
NRS
1. Each dealer who leases a tank for the storage ofliquefied petroleum gas to a customer shall, upon the request of a customer,remove the tank from the customers premises, at no charge to the customer.
2. The dealer shall refund to the customer:
(a) On a pro rata basis, an amount equal to the rentfor the unused portion of the lease; and
(b) An amount equal to the value of the liquefiedpetroleum gas which remains in the tank when the tank is removed. Incalculating the value of the liquefied petroleum gas, the dealer shall use theprice the customer paid for the liquefied petroleum gas. If removal ofliquefied petroleum gas from the tank is necessary to allow the dealer toremove the tank from the customers premises, there may be no charge imposedupon the customer for the removal of the gas.
3. The dealer shall mail the refund to the customerwithin 15 days after the tank is removed from the customers premises.
(Added to NRS by 1989, 1837)
NRS
1. Except as otherwise provided in subsection 2, nopolitical subdivision may adopt or enforce any ordinance or regulation inconflict with the provisions of NRS 590.465to 590.645, inclusive, or with theregulations adopted pursuant to NRS 590.465to 590.645, inclusive.
2. If a political subdivision determines that higheror more stringent standards concerning a particular installation or storage ofliquefied petroleum gas within its jurisdiction are necessary, it may requestthe Board to consider the matter at a joint public meeting. The Board shallschedule and conduct such a meeting within 30 days after receiving the request.If, at the joint meeting, a majority of the members of the Board and a majorityof the members of the governing body of the political subdivision agree:
(a) That higher or more stringent standards shouldapply in that particular case; and
(b) Upon what those standards should be,
then thegoverning body of the political subdivision may adopt those standards for thatparticular case.
(Added to NRS by 1957, 479; A 1985, 801; 1987, 1541;1991, 387)
NRS
1. Any hearing held by the Board on the proposedlocation of a facility for the storage of liquefied petroleum gas in a town inwhich no zoning ordinances or regulations apply must be held in the town inwhich the proposed facility would be located. The person requesting approval ofthe facility shall pay to the Board any costs incurred by the Board inconducting the hearing and inspection of the site of the proposed facility,including:
(a) Costs to employ an attorney or other consultant;and
(b) Per diem allowances and travel expenses.
If the Boarddetermines that costs associated with the hearing will be substantial, it mayrequire the person requesting approval of the facility to pay a part of the anticipatedcosts in advance of the hearing.
2. The Board shall provide for the physical inspectionof the site of the proposed facility for the storage of liquefied petroleum gasbefore the application is approved or denied by the Board.
3. In determining whether to approve the facility forthe storage of liquefied petroleum gas, the Board shall consider:
(a) The health and safety of the residents of the areawhere the facility would be located.
(b) The availability of water for fighting any fire atthe facility or in the surrounding area.
(c) The proximity of schools, residences, commercialestablishments and other structures to the site and the risk of injury topersons or damage to property in the event of an emergency at the facility.
(Added to NRS by 1987, 1537; A 1993, 444)
NRS
1. The Board may:
(a) Prescribe the method and form of application for alicense to sell, deliver, transport, transfer or dispense or engage in anyother activity relating to liquefied petroleum gas;
(b) Investigate the experience, reputation andbackground of applicants;
(c) Issue, suspend, revoke or deny licenses; and
(d) Conduct hearings in connection with applicationsfor, or revocation of, licenses.
Inconducting hearings on the issuance or revocation of any license, the Board maycompel the attendance of witnesses by use of subpoena and apply to the districtcourt of the county where the hearing is held for an order citing any applicantor witness for contempt, for failure to attend or testify.
2. The Board may conduct examinations of any applicantto determine the responsibility, ability, knowledge, experience or otherqualification of the applicant for a license under
3. The Board shall adopt regulations setting fees forapplications, licenses and inspections adequate to cover the cost of theoperations of the Board.
4. The Board may suspend or revoke licenses and refuserenewals of licenses if the applicant or licensee has been guilty of acts orconduct harmful to either the safety or protection of the public.
(Added to NRS by 1987, 1536)
NRS
1. Applications for any licenses required by
2. The application must include the name and addressof the applicant, and, if a partnership, the names and addresses of allpartners, and if a corporation, association or other organization, the namesand addresses of the president, vice president, secretary and managingofficers.
3. Each application must be accompanied by theapplication fee and the annual license fee for the particular classificationfor each business or premises for which the license is sought as provided forin NRS 590.465 to
(Added to NRS by 1957, 479; A 1959, 225; 1991, 388)
NRS
1. The Board shall approve or disapprove allapplications, and in the event an application is disapproved the Board shallpromptly return to the applicant the license fee. Within 5 days after thedenial of a license, the Board shall serve upon the applicant and the Governora copy of the order denying the license, which order shall specify the reasonsfor the denial.
2. If it appears that the applicant is qualified byexperience, education or knowledge to install equipment in a satisfactory andsafe manner or is qualified by experience, education or knowledge to sell,transport or deliver the gas, and that the equipment used by the applicant complieswith the minimum safety standards established by the Board, the Board shallapprove the application and issue the appropriate license for the particularclassification stated in NRS 590.465 to
(Added to NRS by 1957, 480; A 1959, 225)
NRS
1. Class 1. A fully licensed dealer who is engaged inthe business of installing equipment for the use of LPG and who sells, fills,refills, delivers, or is permitted to deliver any LPG.
2. Class 2. A business engaged in the sale,transportation and exchange of cylinders, but not in transporting ortransferring gas in liquid bulk.
3. Class 3. A business not engaged in the sale of LPG,but engaged in the sale and installation of gas-consuming appliances, piping,apparatuses, fixtures and connections.
4. Class 4. A business which operates one or moredispensers at a fixed location for the resale of propane to the public.
5. Class 5. Any other business engaged in activitiesrelating to LPG which the Board determines requires a special license.
(Added to NRS by 1957, 480; A 1960, 108; 1983, 1234)
NRS
1. Every license issued under
2. The license shall specify the location, by streetand number, of the premises for which it is issued and the particularclassification of the license authorizing the type of business to be conducted.
(Added to NRS by 1957, 481)
NRS
1. Any license issued under the provisions of
2. Whenever there is any transfer or change in theownership such change must be reported to the Board within 30 days.
3. No license fee paid under
(Added to NRS by 1957, 481)
NRS
1. Whenever the Board has reasonable grounds tobelieve that any applicant or licensee under NRS590.465 to 590.645, inclusive, isviolating any of the provisions of NRS590.465 to 590.645, inclusive, orregulations or specifications adopted hereunder, or is violating or failing tocomply with any of the health and safety laws or regulations in force in thisState, or is acting or conducting his operations in any other manner which theBoard deems to be inimical and not to the best interests of the health, safetyor welfare of the people of this State, the Board may, after a hearing, suspendor revoke any or all licenses previously issued under the provisions of
2. The Board shall cite the licensee, upon notice,stating reasons and given not less than 10 days before the date set for thehearing, to appear and show cause, if any he has, why the license should not berevoked or suspended or other disciplinary action should not be taken.
3. The Board may conduct investigations, summon andcompel the attendance of witnesses, require the production of any records ordocuments and provide for the taking of depositions under the Nevada Rules ofCivil Procedure in connection with such hearings.
4. If, upon hearing, the Board is satisfied that theviolation charged is true, or if the licensee fails to appear and show cause,the Board may revoke or suspend the license summarily or take such intermediateaction, including the imposition of a fine, as it deems appropriate. Inaddition to any penalties imposed pursuant to this subsection, the licenseeshall pay to the Board any costs incurred by the Board in conducting theinvestigation and hearing, including:
(a) Costs to employ an attorney or other consultant;and
(b) Per diem allowances and travel expenses.
Moneyreceived by the Board from the imposition of fines must be paid to the StateTreasurer for credit to the State General Fund. The Board may retain the moneypaid to reimburse it for the costs of conducting an investigation and hearing.
5. The findings of the Board pursuant to this section,the judgment and the order must be reduced to writing and filed in thepermanent public records of the Board. Copies must be furnished to the licenseeand the complaining customer, if any. A licensee is entitled to judicial reviewof the order in the manner provided by chapter233B of NRS. Enforcement of the Boards order must be stayed until judicialreview is completed.
6. In any case where the Board refuses to issue alicense, or suspends or revokes a license, the applicant or accused may submitanother application for the consideration of the Board.
(Added to NRS by 1957, 481; A 1977, 80; 1989, 1656,1840; 1989, 1656, 1840; 1993, 445)
NRS
(Added to NRS by 1987, 1537)
NRS
1. The purpose and meaning embodied in the regulationfrom which the variance is requested and its relative importance in balancingthe interests of the licensee and the community or public.
2. The reasons why the rules, regulations orspecifications cannot be complied with.
3. If a consumer tank is involved, whether or not afire hazard will be created or is maintained.
4. The openings which may or may not be made into anybuildings below any regulator or container vents.
5. Whether or not the adjacent walls or exposures arefireproof.
6. Whether or not the installation will be safe in theevent the variance is allowed.
7. Whether or not the installation will be exposed tocollision by moving vehicles.
8. Any other factors or considerations which impose ahardship on the licensee or which the Board deems appropriate for the grantingof a variance.
(Added to NRS by 1957, 482)
NRS
(Added to NRS by 1957, 482)
NRS
(Added to NRS by 1957, 482)
NRS
1. Any person who violates any of the provisions of
2. If any person has engaged or is about to engage inany acts or practices which constitute or will constitute an offense againstthe provisions of NRS 590.465 to
(Added to NRS by 1959, 224; A 1989, 1840)
NRS
(Added to NRS by 1957, 483; A 1973, 1024; 1977, 581;1981, 1536; 1991, 2437; 1993, 1797)
CLEANUP OF DISCHARGED PETROLEUM
NRS
(Added to NRS by 1989, 1686; A 1991, 339;
NRS
(Added to NRS by 1989, 1686)
NRS
(Added to NRS by 1989, 1686; A
NRS
(Added to NRS by 1991, 338)
NRS
(Added to NRS by 1991, 338)
NRS
(Added to NRS by 1989, 1686)
NRS
(Added to NRS by 1989, 1686)
NRS
(Added to NRS by 1989, 1686)
NRS
(Added to NRS by 1989, 1686)
NRS
(Added to NRS by 1991, 338)
NRS
(Added to NRS by 1989, 1686)
NRS
(Added to NRS by 1989, 1686)
NRS
(Added to NRS by 1989, 1687)
NRS
(Added to NRS by 1989, 1687)
NRS
1. Protection of this states environment,particularly its supplies of water, requires the prompt cleaning up of anydischarge of petroleum from a storage tank.
2. Federal law and regulations require each operatorof a storage tank to show financial responsibility for this purpose, but thecapital of smaller operators is too little to meet these requirements andinsurance to cover this liability is prohibitively costly for these smalleroperators.
3. Free competitive access to the business of distributingpetroleum therefore requires a system of funding this liability in which allengaged in the business must participate equitably.
4. The fee imposed by
(Added to NRS by 1989, 1687; A 1991, 339)
NRS
1. The Board to Review Claims is hereby created in theDivision. The Board consists of:
(a) The Administrator of the Division;
(b) The Executive Director of the Department;
(c) The State Fire Marshal;
(d) A representative of refiners of petroleum;
(e) A representative of independent dealers inpetroleum;
(f) A representative of independent retailers ofpetroleum; and
(g) A representative of the general public.
2. An officer designated as a member of the Board maydesignate a substitute. The Governor shall appoint the respectiverepresentatives designated as members of the Board. Each representative of afield of enterprise must be appointed from a list of three persons nominated bypersons engaged in that field in this State, through their trade association ifone exists.
3. The Board shall select its Chairman. TheAdministrator of the Division shall provide administrative assistance to theBoard as required.
4. Each member who is appointed by the Governor isentitled to receive a salary of not more than $80, as fixed by the Board, foreach days attendance at a meeting of the Board.
5. While engaged in the business of the Board, eachmember of the Board is entitled to receive the per diem allowance and travelexpenses provided for state officers and employees generally.
(Added to NRS by 1989, 1687; A 1991, 491)
NRS
1. The Fund for Cleaning Up Discharges of Petroleum ishereby created as a special revenue fund in the State Treasury. The Divisionshall administer the Fund for the purposes prescribed in
2. The expenses incurred by the Division in performingits duties pursuant to NRS 590.700 to
3. The Board shall transmit a copy of any resolutionthat the Board has adopted in carrying out its duties pursuant to this sectionto the Legislative Counsel within 5 working days after the adoption of theresolution for inclusion in the register of administrative regulationspublished pursuant to NRS 233B.0653.
(Added to NRS by 1989, 1687; A 1997, 126;
NRS
1. The Division may expend not more than $250,000 fromthe Fund per year as reimbursement for necessary costs incurred by the Divisionin the response to and cleanup of any discharge involving petroleum, includingdischarges from a storage tank and discharges from a mobile tank that occurduring the transportation of petroleum on roads and highways. If the dischargeinvolving petroleum also involves the discharge of another hazardous material,the Division may expend money pursuant to this section in the cleanup of thedischarge of petroleum and the other hazardous material. The Division shall notexpend money from the Fund pursuant to this section to clean up dischargesinvolving petroleum from pipelines.
2. Except as otherwise provided in this subsection,money from the Fund expended by the Division pursuant to this section must beused to augment, and must not be used to replace or supplant, any moneyavailable from other sources for the cleanup of discharges of petroleum,including, without limitation, reimbursements by operators required to be madeto the Division pursuant to NRS 590.850and 590.870. If no money is availablefrom those other sources, the Division may expend money from the Fund pursuantto this section to reimburse the Division for any costs specified in subsection1.
3. If the Division expends money pursuant to thissection to clean up a discharge involving petroleum, the operator of the tankshall reimburse the Division for his share of the costs for cleaning up thedischarge. The Division shall, upon being reimbursed by the operator of thetank pursuant to this subsection, deposit that money in the Fund.
4. As used in this section:
(a) Discharge means any release, leaking or spillingfrom a tank into water or soil, unless the discharge is authorized by state orfederal law.
(b) Operator means a person who owns, controls or isresponsible for the operation of a tank.
(c) Tank means a storage tank or a mobile tank usedto transport petroleum received for sale or use in this State.
(Added to NRS by
NRS
1. Except as otherwise provided in subsection 2, theDepartment shall collect for deposit in the Fund a fee of 0.75 cent for eachgallon of motor vehicle fuel, diesel fuel of grade number 1, diesel fuel ofgrade number 2 and heating oil imported into this State in one of those formsor refined in this State. The fee imposed by this section is in addition to thetaxes imposed by chapters 365 and
2. The fee imposed by subsection 1 does not apply tomotor vehicle fuel, diesel fuel of grade number 1, diesel fuel of grade number2 or heating oil that is:
(a) Imported or refined by the United States, itsunincorporated agencies and instrumentalities, or any incorporated agency orinstrumentality of the United States wholly owned by the United States or by acorporation wholly owned by the United States;
(b) Exported from this State;
(c) Imported or refined by railroad companies for usein locomotive engines;
(d) Being transported through this State in interstatecommerce; or
(e) Used as fuel for jet or turbine-powered aircraft.
3. The fee is payable on or before the last day ofeach calendar month for those products subject to the fee that are handledduring the preceding calendar month. The Department shall prescribe byregulation the manner of payment of the fee and for this purpose may reasonablyclassify the persons liable for payment. The Department may, in collecting thefee, employ any administrative power conferred upon it by
4. The expenses incurred by the Department inperforming its duties under NRS 590.700to 590.920, inclusive, are a chargeagainst the Fund.
(Added to NRS by 1989, 1688; A 1991, 339; 1995, 2503;1999, 1022;
NRS
1. Except as otherwise provided in subsection 2, theDivision shall collect for deposit in the Fund an annual fee not to exceed$100, set by the Board, for the registration of each storage tank.
2. No fee is to be collected, and no registration isrequired, with respect to a storage tank used to store heating oil forconsumption on the same premises where the oil is stored, or a storage tankoperated by a person not required to pay the fee for petroleum produced in orimported into this State.
3. The operator of a storage tank required to beregistered pursuant to this section who fails to register that tank or to paythe annual fee when required shall reimburse the Division for any expenseincurred by the Division in cleaning up a discharge from that storage tank andfor any discharge of liability to a third person. If, in cleaning up thedischarge from that storage tank, the Division expends money from the Fund inaccordance with NRS 590.835, theDivision shall, upon being reimbursed by the operator of the storage tankpursuant to this subsection, deposit that money in the Fund.
(Added to NRS by 1989, 1688; A 1991, 340; 1995, 2504;2005, 301)
NRS
(Added to NRS by 1989, 1689; A 1991, 491)
NRS
1. The operator of every storage tank, and everyperson who for compensation puts petroleum into a storage tank, shall report tothe Division every discharge from that tank of which he is aware or has reasonto believe has occurred. The Division shall undertake or contract for cleaningup the discharge unless the operator or another person is already actingproperly to clean it up. If the Division cleans up the discharge, the operatorshall reimburse the Division for his share of the costs. If, in cleaning up thedischarge, the Division expends money from the Fund in accordance with
2. Each operator who is required or who chooses toregister a tank must, unless the tank has been tested for tightness under thefederal standards embodied in 40 C.F.R. 280.43c since July 1, 1988, test thetank pursuant to those standards before it is eligible for the coverageprovided by NRS 590.880 and
(Added to NRS by 1989, 1689; A
NRS
1. The first $250 for cleaning up and the first $250of liability for damages to a person other than this state or the operator ofthe tank, or both amounts, by the operator.
2. If necessary to protect the environment or thepublic health and safety, the next $250,000 for cleaning up and the next$250,000 for damages to a person other than this state or the operator of thetank, or both amounts, from the Fund. These limits apply to any one dischargeand to the total for discharges from storage tanks controlled by any oneoperator in any fiscal year. For the purpose of this limitation, a group ofoperators more than 50 percent of whose net worth is beneficially owned by thesame person or persons constitutes one operator.
3. Any further cost for cleaning up or for damages, bythe operator.
(Added to NRS by 1989, 1689; A 1991, 340; 1995, 2504)
NRS
1. By an operator which is an agency, department,division or political subdivision of the State, 10 percent or $10,000,whichever is less, of the first $1,000,000 for cleaning up each tank and of thefirst $1,000,000 of liability for damages from each tank to any person otherthan this state or the operator of the tank, or both amounts. The balance ofthe first $1,000,000 for cleaning up each tank or for damages from each tankmust be paid from the Fund, but the total amount paid from the Fund pursuant tothis subsection in any one fiscal year for discharges from two or more storagetanks under the control of any one operator must not exceed $1,980,000 forcleaning up and $1,980,000 for damages.
2. By an operator which is a small business, 10percent of the first $1,000,000 for cleaning up each tank and of the first$1,000,000 of liability for damages from each tank to a person other than thisstate or the operator of the tank, or both amounts. The total amount paid by anoperator pursuant to this subsection must not exceed $50,000 for cleaning upand $50,000 for damages regardless of the number of storage tanks involved. Thebalance of the first $1,000,000 for cleaning up each tank or for damages fromeach tank must be paid from the Fund, but the total amount paid from the Fundpursuant to this subsection in any one fiscal year for discharges from two ormore storage tanks under the control of any one operator must not exceed$1,900,000 for cleaning up and $1,900,000 for damages. For the purpose of thislimitation, a group of operators more than 50 percent of whose net worth isbeneficially owned by the same person or persons constitutes one operator.
3. By all other operators:
(a) Ten percent of the first $1,000,000 for cleaning upeach tank and of the first $1,000,000 of liability for damages from each tankto a person other than this state or the operator of the tank, or both amounts.
(b) Ninety percent of the first $1,000,000 for cleaningup each tank or for damages from each tank must be paid from the Fund.
The totalamount paid from the Fund pursuant to paragraph (b) in any one fiscal year fordischarges from two or more storage tanks under the control of any one operatormust not exceed $1,800,000 for cleaning up and $1,800,000 for damages. For thepurpose of this limitation, a group of operators more than 50 percent of whosenet worth is beneficially owned by the same person or persons constitutes oneoperator.
4. Any further cost for cleaning up or for damageswhich is in excess of the amounts paid pursuant to subsections 1, 2 and 3 mustbe paid by the operator.
5. A political subdivision of the State that receivesmoney from the Fund pursuant to subsection 1 to pay for the costs of cleaningup shall hold one public hearing upon initiation of the cleanup and one publichearing every 3 months thereafter until the cleanup is completed to ensure thatthe cleanup complies with any requirements of the Division concerning thecost-effectiveness of cleaning up. The costs incurred by the politicalsubdivision for the hearing must not be attributed to the political subdivisionas part of the costs paid by the political subdivision pursuant to subsection1.
6. For the purposes of this section, a small businessis a business which receives less than $500,000 in gross annual receipts fromthe site where the tank is located.
(Added to NRS by 1989, 1689; A 1991, 340; 1995, 2504)
NRS
1. Any person who, through willful or wantonmisconduct, through gross negligence or through violation of any applicablestatute or regulation, including specifically any state or federal standardpertaining to the preparation or maintenance of sites for storage tanks,proximately causes a discharge is liable to the Division for any cost incleaning up the discharge or paying for it to be cleaned up.
2. If a discharge occurs, the site of the tank and anyother premises affected by the discharge must be brought into compliance withany applicable standard as described in subsection 1.
(Added to NRS by 1989, 1690)
NRS
(Added to NRS by 1989, 1690)
NRS
1. Except as otherwise specifically provided in
(a) Contains petroleum being transported through thisState in interstate commerce, but do apply to a tank being used to storepetroleum received for sale or use in this State;
(b) Contains fuel for jet or turbine-powered aircraft,or is above ground and has a capacity of 30,000 gallons or less, unless ineither case the operator complies with subsection 2; or
(c) Is above ground and has a capacity of more than30,000 gallons.
2. The operator of a tank exempted by paragraph (b) ofsubsection 1 may obtain the coverage provided by
(Added to NRS by 1989, 1687; A 1991, 341;
Disclaimer: These codes may not be the most recent version. Nevada may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
