[Rev. 11/21/2013 12:28:26 PM--2013]

CHAPTER 590 - MOTOR VEHICLE FUEL, PETROLEUM PRODUCTS AND ANTIFREEZE

NEVADA PETROLEUM PRODUCTS INSPECTION ACT

NRS 590.010           Short title.

NRS 590.020           Definitions.

NRS 590.030           False branding prohibited.

NRS 590.040           Brand name must be shown; labeling of containers, dispensers, fill pipes for storage tanks and delivery outlets on tank delivery trucks; “no brand” products.

NRS 590.050           False or 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           Specifications for motor vehicle fuel: Adoption by State Board of Agriculture; variances; sale of nonconforming petroleum products unlawful; exception for aviation fuel; penalties. [Effective through December 31, 2013.]

NRS 590.070           Specifications for motor vehicle fuel: Adoption by State Board of Agriculture; variances; sale of nonconforming petroleum products, biodiesel, biomass-based diesel or biomass-based diesel blend unlawful; exception for aviation fuel; penalties. [Effective January 1, 2014.]

NRS 590.071           Powers and duties of State Board of Agriculture concerning specifications for motor vehicle fuel.

NRS 590.073           Specifications for aviation fuel.

NRS 590.080           Specifications for motor or lubricating oil.

NRS 590.090           Specifications for heating products; designation of brand and grade of heating fuel contained in storage tanks, dispensers and petroleum tank trucks; designations of numerical grade.

NRS 590.100           Powers and duties of State Sealer of Consumer Equitability and Nevada Highway Patrol.

NRS 590.105           Certain measurement tables to be used in testing petroleum products or motor vehicle fuel.

NRS 590.110           Breaking, mutilating or destroying seal or covering, defacing or removing notice of sealing unlawful.

NRS 590.120           Inspection fee for motor vehicle fuel or lubricating oil shipped, transported or held for sale; monthly reports; expenses incurred by Department of Motor Vehicles.

NRS 590.131           State Board of Agriculture to adopt regulations for warning labels on motor vehicle fuel pumps. [Effective January 1, 2014.]

NRS 590.133           Documentation provided to purchaser of fuel containing manganese or manganese compound: Requirements. [Effective January 1, 2014.]

NRS 590.140           Duties of district attorneys.

NRS 590.150           Penalties; prima facie evidence.

ADVERTISEMENT OF MOTOR VEHICLE FUEL AND PETROLEUM PRODUCTS

NRS 590.160           Administration.

NRS 590.170           Display of price and brand name, grade or certain words regarding sales of motor vehicle fuel and diesel fuel.

NRS 590.180           Phraseology indicating reduced price.

NRS 590.190           Motor vehicle fuel without brand name: Requisites.

NRS 590.200           Size of letters, figures or numerals in designation of brand or lack thereof.

NRS 590.210           Size of letters in designating individual grade of motor vehicle fuel.

NRS 590.220           Size of letters, words, figures or numerals indicating prices of motor vehicle fuel.

NRS 590.230           Contents and form of advertising medium; information concerning conditions of sale.

NRS 590.250           Numeral “1” and letter “l”: Uniformity of type and design.

NRS 590.260           Visibility and color of letters, words, figures or numerals.

NRS 590.270           Uniformity of color of words, letters, figures or numerals designating brands, prices, grades and conditions of sale.

NRS 590.280           Placement of medium in misleading position as regards other advertising.

NRS 590.290           Addition of words distorting meaning of medium advertising other goods.

NRS 590.300           Advertising of “motor oil” or “lubricating oil”: General requirements.

NRS 590.310           Advertising of “motor oil” or “lubricating oil”: Uniformity, size, color and legibility of letters.

NRS 590.320           Advertising of fuel or product not sold by advertiser.

NRS 590.322           Civil penalties: Establishment of schedule by regulation; imposition.

NRS 590.324           Civil penalties: Notice; hearing; judicial review; civil action to enforce; deposit in State General Fund.

NRS 590.330           Criminal penalties.

ANTIFREEZE

NRS 590.340           Short title.

NRS 590.350           Definitions.

NRS 590.360           Adulteration.

NRS 590.370           Misbranding.

NRS 590.380           Sale or holding with intent to sell antifreeze without permit prohibited; application for permit; sample; fee established by regulation; issuance and cancellation of permit.

NRS 590.400           Enforcement.

NRS 590.420           List of brands and trademarks registered by State Sealer of Consumer Equitability.

NRS 590.430           Advertising literature: References to inspections by State Sealer of Consumer Equitability.

NRS 590.440           Institution of proceedings by district attorney.

NRS 590.450           Penalty.

LIQUEFIED PETROLEUM GAS

NRS 590.465           Short title.

NRS 590.475           Definitions.

NRS 590.485           Board for Regulation of Liquefied Petroleum Gas: Creation; number, appointment, qualifications, terms and removal of members; compensation of members and employees.

NRS 590.495           Board for Regulation of Liquefied Petroleum Gas: Meetings; quorum; officers; notice of meetings and certain hearings.

NRS 590.505           Board for Regulation of Liquefied Petroleum Gas: Seal; Executive Secretary and other personnel; policies and regulations; biennial report; records.

NRS 590.509           Board for Regulation of Liquefied Petroleum Gas: Offices; 24-hour telephone number; availability of persons to offer assistance in emergency.

NRS 590.515           Regulations of Board: Generally.

NRS 590.519           Regulations regarding safety; inspections; programs on safety.

NRS 590.521           Minimum general standards for equipment.

NRS 590.525           Installation and maintenance of equipment.

NRS 590.535           Use of containers; required licenses; exceptions.

NRS 590.537           Dealer of leased tank to remove tank when requested at no charge; refund to customer.

NRS 590.545           Ordinances of political subdivisions not to conflict with law or regulations of Board; exception.

NRS 590.547           Proposals for location of facilities for storage: Hearings; payment of costs; physical inspection of site; considerations.

NRS 590.549           Power of Board to issue, suspend and revoke licenses.

NRS 590.555           Applications for licenses: Requirement; contents; fees.

NRS 590.565           Denial or issuance of licenses; copy of order denying license to be served on Governor and applicant.

NRS 590.575           Classifications.

NRS 590.585           Contents of license.

NRS 590.595           Licenses nontransferable; license fees not refunded.

NRS 590.605           Disciplinary action.

NRS 590.610           Variances from regulations.

NRS 590.615           Variances from rules, regulations or specifications: Considerations.

NRS 590.625           Attorney General is Board’s legal adviser.

NRS 590.635           Duties of sheriffs and police officers.

NRS 590.640           Penalties; injunctive relief available to Board.

NRS 590.645           Promotion of safety by Division of Industrial Relations of Department of Business and Industry.

CLEANUP OF DISCHARGED PETROLEUM

NRS 590.700           Definitions.

NRS 590.710           “Board” defined.

NRS 590.720           “Department” defined.

NRS 590.725           “Diesel fuel of grade number 1” defined.

NRS 590.726           “Diesel fuel of grade number 2” defined.

NRS 590.730           “Discharge” defined.

NRS 590.740           “Division” defined.

NRS 590.750           “Fund” defined.

NRS 590.760           “Heating oil” defined.

NRS 590.765           “Motor vehicle fuel” defined.

NRS 590.770           “Operator” defined.

NRS 590.780           “Person” defined.

NRS 590.790           “Petroleum” defined.

NRS 590.800           “Storage tank” defined.

NRS 590.810           Legislative findings.

NRS 590.820           Board to Review Claims: Creation; members; Chair; administrative assistance; compensation of members.

NRS 590.830           Fund for Cleaning Up Discharges of Petroleum: Creation; administration by Division; adoption of regulations by Board; claims; expenses and interest; resolutions adopted by Board concerning Fund.

NRS 590.835           Fund for Cleaning Up Discharges of Petroleum: Expenditures for certain discharges; limitations; reimbursement.

NRS 590.840           Collection of fee for certain fuels and heating oil; exempt products; payment of expenses of Department.

NRS 590.850           Registration of storage tanks: Collection of annual fee; exempt tanks; reimbursement and other liability for noncompliance.

NRS 590.860           Transfer of portion of ending balance in Fund to account created in NRS 408.242.

NRS 590.870           Report of discharge from tank required; Division to clean up discharge; exception; reimbursement; test of tank required for coverage.

NRS 590.880           Allocation of costs resulting from discharge from certain storage tanks for heating oil.

NRS 590.890           Allocation of costs resulting from discharge from other storage tanks; requirement to hold public hearings under certain circumstances.

NRS 590.900           Liability for costs to clean up discharge caused by willful or wanton misconduct, gross negligence or violation of statute or regulation.

NRS 590.910           Pro rata reduction required if balance in Fund insufficient for full payment.

NRS 590.920           Tanks exempted from certain provisions; optional coverage of exempted tank.

_________

NEVADA PETROLEUM PRODUCTS INSPECTION ACT

      NRS 590.010  Short title.  NRS 590.010 to 590.150, inclusive, may be known and cited as the Nevada Petroleum Products Inspection Act.

      [1:157:1955]—(NRS A 1989, 1950)

      NRS 590.020  Definitions.  As used in NRS 590.010 to 590.330, inclusive, unless the context otherwise requires:

      1.  “Additives” means a substance to be added to a motor oil or lubricating oil to impart or improve desirable properties or to suppress undesirable properties.

      2.  “Advertising medium” means any sign, printed or written 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-100 diesel 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 to identify a business or company.

      5.  “Grade” means:

      (a) “Regular,” “midgrade,” “plus,” “super,” “premium” or 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 grade designation for diesel motor fuel.

      (c) “M-85,” “M-100,” “E-85,” “E-100” or words of similar meaning when describing a grade designation for alternative fuel.

      (d) “Propane,” “liquefied petroleum gas,” “compressed natural gas,” “liquefied natural gas” or words of similar meaning when describing pressurized gases.

      6.  “Motor vehicle fuel” means a petroleum product or alternative fuel used for internal combustion engines in motor vehicles.

      7.  “Performance rating” means the system adopted by the American Petroleum Institute for the classification of uses for which an oil is designed.

      8.  “Petroleum products” means gasoline, diesel fuel, burner fuel kerosene, lubricating oil, motor oil or any product represented as motor oil 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 is prepared from used motor oil or used lubricating oil. The term includes rerefined oil.

      10.  “Rerefined oil” means used oil which is refined after its previous use to remove from the oil any contaminants acquired during the previous use.

      11.  “Used oil” means any oil which has been refined from crude or synthetic oil and, as a result of use, has become unsuitable for its original purpose because of a loss of its original properties or the presence of impurities, but which may be suitable for another use or economically recycled.

      12.  “Viscosity grade classification” means the measure of an oil’s resistance to flow at a given temperature according to the grade classification system of the Society of Automotive Engineers or other grade classification.

      [2:157:1955]—(NRS A 1961, 648; 1971, 667; 1977, 188; 1985, 530; 1993, 58; 1995, 348; 2001, 851; 2005, 652; 2013, 1041)

      NRS 590.030  False branding prohibited.

      1.  It is unlawful for any person to sell, attempt to sell, offer for sale or assist in the sale of any motor vehicle fuel and willfully and falsely to represent that motor vehicle fuel to be a motor vehicle fuel of any dealer, manufacturer or producer other than the true dealer, manufacturer or producer thereof.

      2.  It is unlawful for any member of a firm or any officer of a corporation knowingly to permit any employee of the firm or corporation to sell, offer for sale or assist in the sale of any motor vehicle fuel and falsely to represent that motor vehicle fuel to be the motor vehicle fuel 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 sells or offers for sale, under the person’s own name or brand name, the product or output of another manufacturer or producer with the written consent of the manufacturer or producer.

      [3:157:1955]—(NRS A 1993, 58; 2005, 653)

      NRS 590.040  Brand name must be shown; labeling of containers, dispensers, fill pipes for storage tanks and delivery outlets on tank delivery trucks; “no brand” products.

      1.  It is unlawful for any person to sell or offer to sell any motor vehicle fuel unless a sign or label is firmly attached to or painted at or near the outlet of the container from which or into which the motor vehicle fuel is dispensed or received for sale or delivery. Except as otherwise provided in this section, the sign or label, in letters not less than one-half inch in height, must contain the brand name and the grade designation of the motor vehicle fuel. All containers and dispensers of lubricating and motor oil must also be labeled in the same manner with the oil’s viscosity grade classification and performance rating. If a lubricating or motor oil has more than one viscosity grade classification or performance rating, each viscosity grade classification and performance rating must be included in the label. When the sign or label is attached to the faucet or valve of a tank truck 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 “prediluted” or intended only for mixture with gasoline or other motor vehicle fuel in a two-cycle engine.

      2.  The inlet end of the fill pipe to each storage tank of motor vehicle fuel must be labeled with the brand name and the grade of the motor vehicle fuel contained therein or have a product-specific pressure vessel fill connection.

      3.  Delivery outlets for motor vehicle fuel on tank delivery trucks must be labeled to comply with the requirements of this section before departure from the bulk plants.

      4.  If any motor vehicle fuel has no brand name, the sign or label required by subsection 1 must consist of words, in letters not less than 3 inches high, that designate the specific type of motor vehicle fuel followed by the words “No Brand,” such as “Gasoline, No Brand” or “E-100, No Brand.”

      5.  On any container with a net content of 1 United States gallon or less, the brand name or trademark, the name and address of the distributor or manufacturer, the viscosity grade classification, the performance rating and the words “Motor Oil” or “Lubricating Oil” must be painted, printed, embossed or otherwise firmly affixed on the container in letters and numerals of legible size. Such a designation constitutes compliance with the provisions of this section.

      6.  Small hand measures used for delivery of petroleum products or motor vehicle fuel that are filled in the presence of the customer need not be labeled in accordance with the provisions of NRS 590.010 to 590.150, inclusive, if the receptacle, container or pump from which petroleum products or motor vehicle fuel is drawn or poured into the hand measures is properly labeled as required by the provisions of NRS 590.010 to 590.150, inclusive.

      [4:157:1955]—(NRS A 1960, 484; 1961, 648; 1971, 667; 1975, 184; 1981, 527; 1993, 59; 1995, 349; 2005, 654)

      NRS 590.050  False or misleading advertising prohibited.

      1.  It is unlawful for any person, or any officer, agent or employee thereof, engaged in or operating in the business of selling at retail any motor vehicle fuel to display any sign or other designating mark, at or near his or her place of business, which describes or designates a brand name of a motor vehicle fuel not actually sold or offered for sale or delivery at the place 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 any advertising medium whatever, any statement concerning the sale of motor vehicle fuel or the performance characteristics thereof which is known to him or her to be untrue or misleading, or which by the exercise of reasonable care and diligence should be known to him or her to be untrue or misleading.

      [5:157:1955]—(NRS A 1993, 60; 2005, 655)

      NRS 590.060  Adulterated, substituted, used or recycled products.

      1.  Except as otherwise provided in NRS 590.063 and 590.065, it is unlawful for any person, or any officer, agent or employee thereof, to adulterate any petroleum product or motor vehicle fuel, to sell, attempt to sell, offer for sale or assist in the sale of any product resulting from the adulteration, and to represent the product as the petroleum product or motor vehicle fuel of a brand name in general use by any other marketer or producer of petroleum products or motor vehicle fuel.

      2.  Whenever the description of any petroleum product or motor vehicle fuel is displayed on any tank, receptacle or other delivery device used for sale to the public, the kind, character and name of the petroleum product or motor vehicle fuel dispensed therefrom must correspond to the representations thereon.

      3.  Except as otherwise provided in this subsection, it is unlawful for any person, or any officer, agent or employee thereof, to deposit or deliver into any tank, receptacle or other container any petroleum product or motor vehicle fuel other than the petroleum product or motor vehicle fuel intended to be stored in the tank, receptacle or container and distributed therefrom, as indicated by the name of the producer, manufacturer or distributor of the product displayed on the container itself, or on the pump, dispenser or other distributing device used in connection therewith. This section does not apply to any person who sells or offers for sale under the person’s name 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 rerefined oil, is sold or offered for sale or delivery in this state, the container in which that oil is sold or offered for sale or delivery must bear a superimposed sign or label containing the clearly legible words “Recycled Oil” or “Used Oil.”

      [6:157:1955]—(NRS A 1961, 649; 1963, 109; 1971, 668; 1993, 60; 1995, 350; 2005, 655)

      NRS 590.063  Pumps, dispensers and devices for blending gasoline.

      1.  The use of pumps, dispensers or other devices which are capable of withdrawing gasoline from each of two tanks containing different qualities of the same petroleum product or motor vehicle fuel and dispensing them as a single combined product must be authorized if the Division of Consumer Equitability of the State Department of Agriculture determines that all the following conditions exist:

      (a) The device mechanism accurately measures the quantities of the gasoline being simultaneously withdrawn from each of the two tanks and the quantity dispensed.

      (b) The device mechanism accurately and visibly records and displays the resulting combined quality, the total quantity, the price per gallon for the particular quality combination being dispensed and the total price of the quantity of gasoline dispensed at the particular sale.

      (c) The device has a locking selector mechanism which prevents the changing of the proportion of the two qualities being combined during the dispensing of the desired quantity.

      2.  The provisions of this section authorize the operation of a blending type of pump or dispenser connected to two tanks containing two different grades of the same product, which, if blended together in different proportions, will produce gasoline of different octane rating, each blend of which meets the specifications for gasoline as required by this chapter.

      (Added to NRS by 1963, 108; A 1993, 1796; 1999, 3738; 2003, 2327; 2005, 656; 2013, 2484)

      NRS 590.065  Pumps, dispensers and devices for blending gasoline and motor oil.

      1.  The use of pumps, dispensers or other devices which are capable of withdrawing gasoline from one tank containing gasoline and another tank containing motor oil and dispensing them as a single combined product and of withdrawing gasoline alone from the tank containing gasoline must be authorized if the Division of Consumer Equitability of the State Department of Agriculture determines that all the following conditions exist:

      (a) The device mechanism accurately measures the quantities being simultaneously withdrawn for dispensing as a combined product from each of the two tanks when the combined product is dispensed, and the quantity being dispensed from the gasoline tank alone when gasoline alone is dispensed.

      (b) The device mechanism accurately and visibly records and displays the ratio of gasoline to motor oil, the quantity of each ingredient being dispensed, the price per gallon for gasoline being dispensed and the price per quart for motor oil being dispensed, or accurately and visibly records and displays the ratio of gasoline to motor oil and the total volume of the oil and gasoline mixture delivered, and computes the total cost based upon the price set for the finished blend.

      (c) The device mechanism prevents the changing of the ratio of gasoline to motor oil during dispensing.

      (d) There is firmly attached to or painted upon the device mechanism panel a sign or label plainly visible consisting of the words “two-cycle motor fuel” together with the brand name or trademark of the product, all of which must be in letters not less than one-half inch in height.

      2.  The provisions of this section authorize the operation of a blending type of pump or dispenser connected to two tanks, one containing motor oil and the other gasoline, but only if the motor oil in its separate state meets the specifications for lubricating oil as required by NRS 590.080 and the gasoline in its separate state meets the specifications for gasoline as required by NRS 590.070.

      (Added to NRS by 1963, 108; A 1993, 1796; 1999, 3739; 2003, 2328; 2005, 656; 2013, 2485)

      NRS 590.070  Specifications for motor vehicle fuel: Adoption by State Board of Agriculture; variances; sale of nonconforming petroleum products unlawful; exception for aviation fuel; penalties. [Effective through December 31, 2013.]

      1.  The State Board of Agriculture shall adopt by regulation specifications for motor vehicle fuel:

      (a) Based upon scientific evidence which demonstrates that any motor vehicle fuel which is produced in accordance with the specifications is of sufficient quality to ensure appropriate performance when used in a motor vehicle in this State; or

      (b) Proposed by an air pollution control agency to attain or maintain national ambient air quality standards in any area of this State. As used in this paragraph, “air pollution control agency” means any federal air pollution control agency or any state, regional or local agency that has the authority pursuant to chapter 445B of NRS to regulate or control air pollution or air quality in any area of this State.

      2.  The State Board of Agriculture shall adopt by regulation procedures for allowing variances from the specifications for motor vehicle fuel adopted pursuant to this section.

      3.  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 petroleum product as, or purporting to be, motor vehicle fuel, unless it conforms with the regulations adopted by the State Board of Agriculture pursuant to this section.

      4.  This section does not apply to aviation fuel.

      5.  In addition to any criminal penalty that is imposed pursuant to the provisions of NRS 590.150, any person who violates any provision of this section may be further punished as provided in NRS 590.071.

      [7:157:1955]—(NRS A 1961, 650; 1967, 151; 1975, 185; 1989, 1950; 1991, 2024; 1993, 61; 2001, 852; 2003, 601; 2005, 657; 2007, 1986)

      NRS 590.070  Specifications for motor vehicle fuel: Adoption by State Board of Agriculture; variances; sale of nonconforming petroleum products, biodiesel, biomass-based diesel or biomass-based diesel blend unlawful; exception for aviation fuel; penalties. [Effective January 1, 2014.]

      1.  The State Board of Agriculture shall adopt by regulation specifications for motor vehicle fuel:

      (a) Based upon scientific evidence which demonstrates that any motor vehicle fuel which is produced in accordance with the specifications is of sufficient quality to ensure appropriate performance when used in a motor vehicle in this State; or

      (b) Proposed by an air pollution control agency to attain or maintain national ambient air quality standards in any area of this State. As used in this paragraph, “air pollution control agency” means any federal air pollution control agency or any state, regional or local agency that has the authority pursuant to chapter 445B of NRS to regulate or control air pollution or air quality in any area of this State.

      2.  The State Board of Agriculture shall adopt by regulation procedures for allowing variances from the specifications for motor vehicle fuel adopted pursuant to this section.

      3.  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:

      (a) Any petroleum or petroleum product as, or purporting to be, motor vehicle fuel, unless it conforms with the regulations adopted by the State Board of Agriculture pursuant to this section.

      (b) Any biodiesel unless it meets the registration requirements for fuels and fuel additives of 40 C.F.R. Part 79 and the requirements of ASTM Standard D6751, “Standard Specification for Biodiesel Fuel Blend Stock (B100) for Middle Distillate Fuels.”

      (c) Any biomass-based diesel or biomass-based diesel blend unless it meets the registration requirements for fuels and fuel additives established by the Administrator of the Environmental Protection Agency pursuant to 42 U.S.C. § 7545.

      4.  This section does not apply to aviation fuel.

      5.  In addition to any criminal penalty that is imposed pursuant to the provisions of NRS 590.150, any person who violates any provision of this section may be further punished as provided in NRS 590.071.

      6.  As used in this section:

      (a) “Biodiesel” means a fuel that is composed of mono-alkyl esters of long-chain fatty acids derived from plant or animal matter.

      (b) “Biomass-based diesel” means a diesel fuel substitute that is produced from nonpetroleum renewable resources, such as fuel derived from animal wastes, including, without limitation, poultry fats, poultry wastes and other waste materials, or from municipal solid waste and sludge and oil derived from wastewater and the treatment of wastewater. The term does not include biodiesel.

      (c) “Biomass-based diesel blend” means a blend of any biomass-based diesel and any petroleum-based product that is suitable for use as a motor vehicle fuel.

      [7:157:1955]—(NRS A 1961, 650; 1967, 151; 1975, 185; 1989, 1950; 1991, 2024; 1993, 61; 2001, 852; 2003, 601; 2005, 657; 2007, 1986; 2013, 1606, effective January 1, 2014)

      NRS 590.071  Powers and duties of State Board of Agriculture concerning specifications for motor vehicle fuel.

      1.  The State Board of Agriculture shall:

      (a) Enforce the specifications for motor vehicle fuel adopted by regulation pursuant to NRS 590.070.

      (b) Adopt regulations specifying a schedule of fines that it may impose, upon notice and hearing, for each violation of the provisions of NRS 590.070. The maximum fine that may be imposed by the Board for each violation must not exceed $5,000 per day. All fines collected by the Board pursuant to the regulations adopted pursuant to this subsection must be deposited with the State Treasurer for credit to the State General Fund.

      2.  The State Board of Agriculture may:

      (a) In addition to imposing a fine pursuant to subsection 1, issue an order requiring a violator to take appropriate action to correct the violation.

      (b) Request the district attorney of the appropriate county to investigate or file a criminal complaint against any person that the Board suspects may have violated any provision of NRS 590.070.

      (Added to NRS by 1989, 1949; A 2001, 852; 2005, 657; 2007, 1987)

      NRS 590.073  Specifications for aviation fuel.

      1.  It is unlawful for any person to sell, offer for sale or assist in the sale of, or permit to be sold or offered for sale, any aviation fuel unless such fuel conforms to the specification standards prescribed by regulation of the State Sealer of Consumer Equitability. The State Sealer of Consumer Equitability may follow the specification standards set forth by ASTM International.

      2.  This section does not apply to aviation fuel for use by military aircraft.

      (Added to NRS by 1967, 151; A 2005, 657; 2013, 2486)

      NRS 590.080  Specifications for motor or lubricating oil.

      1.  Except as otherwise provided in subsection 2, crankcase drainings, lube-distillate, or any other petroleum product may not be sold, offered for sale, delivered, offered for delivery or stored as a motor oil or lubricating oil for use in the crankcase of an internal combustion engine unless it conforms to the performance rating set forth on its container and the following specifications:

      (a) It must be free from water and suspended matter when tested by means of centrifuge, in accordance with the testing procedures approved by the State Sealer of Consumer Equitability.

      (b) The flash points for the various viscosity grade classifications must not be less than the following when tested by the Cleveland Open Cup Method in accordance with the testing procedures approved by the State Sealer of Consumer Equitability. Except as otherwise provided in this paragraph, the viscosity grade classification number of motor or lubricating oils must conform to the latest Society of Automotive Engineers viscosity classification. Grade numbers 60 and 70 must conform to the requirements listed in this paragraph.

 

Viscosity Sayboldt Seconds

                                Viscosity                 Minimum Flash              Universal 210 Degrees

                            Classification           Degrees Fahrenheit                     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                          110 to less than 125

Grade            70                                    470                          125 to less than 150

 

      2.  The provisions of this section do not apply to any oil labeled “prediluted” or intended only for mixture with gasoline or other motor fuel in a two-cycle engine.

      [8:157:1955]—(NRS A 1961, 650; 1963, 110; 1971, 669; 1975, 185; 1981, 529; 1995, 351; 2013, 2486)

      NRS 590.090  Specifications for heating products; designation of brand and grade of heating fuel contained in storage tanks, dispensers and petroleum tank trucks; designations of numerical grade.

      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 or permit to be sold or offered for sale any petroleum or petroleum product to be used for heating purposes, unless the petroleum or petroleum product conforms to the most recent standards adopted by ASTM International.

      2.  All bulk storage tanks, dispensers and petroleum tank truck compartment outlets containing or dispensing heating fuel must be labeled with the brand name and the grade designation of the heating fuel.

      3.  A person shall not use the numerical grade designation for heating fuels adopted by ASTM International unless the designation conforms to that designation. Persons using a designation other than the numerical grade designation adopted by ASTM International must file with the Division of Consumer Equitability of the State Department of Agriculture the designation to be used together with its corresponding grade designation of ASTM International.

      [9:157:1955]—(NRS A 1960, 485; 1961, 651; 1963, 110; 1993, 1797; 1999, 3739; 2003, 2328; 2013, 2486)

      NRS 590.100  Powers and duties of State Sealer of Consumer Equitability and Nevada Highway Patrol.  The State Sealer of Consumer Equitability is charged with the proper enforcement of NRS 590.010 to 590.150, inclusive, and has the following powers and duties:

      1.  The State Sealer of Consumer Equitability may publish reports relating to petroleum products and motor vehicle fuel in such form and at such times as he or she deems necessary.

      2.  The State Sealer of Consumer Equitability, or the appointees thereof, shall inspect and check the accuracy of all measuring devices for petroleum products and motor vehicle fuel maintained in this State, and shall seal all such devices whose tolerances are found to be within those prescribed by the National Institute of Standards and Technology.

      3.  The State Sealer of Consumer Equitability, or the appointees thereof, or any member of the Nevada Highway Patrol, may take such samples as he or she deems necessary of any petroleum product or motor vehicle fuel that is kept, transported or stored within the State of Nevada. It is unlawful for any person, or any officer, agent or employee thereof, to refuse to permit the State Sealer of Consumer Equitability, or the appointees thereof, or any member of the Nevada Highway Patrol, in the State of Nevada, to take such samples, or to prevent or to attempt to prevent the State Sealer of Consumer Equitability, or the appointees thereof, or any member of the Nevada Highway Patrol, from taking them. If the person, or any officer, agent or employee thereof, from which a sample is taken at the time of taking demands payment, then the person taking the sample shall pay the reasonable market price for the quantity taken.

      4.  The State Sealer of Consumer Equitability, or the appointees thereof, may close and seal the outlets of any unlabeled or mislabeled containers, pumps, dispensers or storage tanks connected thereto or which contain any petroleum product or motor vehicle fuel which, if sold, would violate any of the provisions of NRS 590.010 to 590.150, inclusive, and shall post, in a conspicuous place on the premises where those containers, pumps, dispensers or storage tanks have been sealed, a notice stating that the action of sealing has been taken in accordance with the provisions of NRS 590.010 to 590.150, inclusive, and giving warning that it is unlawful to break, mutilate or destroy the seal or seals thereof under penalty as provided in NRS 590.110.

      5.  The State Sealer of Consumer Equitability, or the appointees thereof, shall, upon at least 24 hours’ notice to the owner, manager, operator or attendant of the premises where a container, pump, dispenser or storage tank has been sealed, and at the time specified in the notice, break the seal for the purpose of permitting the removal of the contents of the container, pump, dispenser or storage tank. If the contents are not immediately and completely removed, the container, pump, dispenser or storage tank must be again sealed.

      6.  The State Sealer of Consumer Equitability shall adopt regulations which are necessary for the enforcement of NRS 590.010 to 590.150, inclusive, including standard procedures for testing petroleum products or motor vehicle fuel which are based on sources such as those approved by ASTM International, and may adopt specifications for any fuel for use in internal combustion engines which is sold or offered for sale and contains any alcohol or other combustible chemical that is not a petroleum product or motor vehicle fuel.

      [10:157:1955]—(NRS A 1959, 619; 1961, 581, 651; 1981, 529; 2005, 658; 2013, 2487)

      NRS 590.105  Certain measurement tables to be used in testing petroleum products or motor vehicle fuel.  For the purpose of testing petroleum products or motor vehicle fuel as provided in NRS 590.010 to 590.150, inclusive, the ASTM-IP Petroleum Measurement Tables, American Edition, must be used for gravity and volume conversion and temperature correction of 60°F.

      (Added to NRS by 1961, 647; A 1963, 111; 2005, 658)

      NRS 590.110  Breaking, mutilating or destroying seal or covering, defacing or removing notice of sealing unlawful.  It is unlawful for any person other than the State Sealer of Consumer Equitability or his or her appointees to break, mutilate or destroy any seal placed on any container, pump, dispenser or storage tank by the State Sealer of Consumer Equitability or his or her appointees, or to cover, deface or remove, or attempt to cover, deface or remove, any notice of sealing posted by the State Sealer of Consumer Equitability or his or her appointees.

      [11:157:1955]—(NRS A 2005, 659; 2013, 2488)

      NRS 590.120  Inspection fee for motor vehicle fuel or lubricating oil shipped, transported or held for sale; monthly reports; expenses incurred by Department of Motor Vehicles.

      1.  Every person, or any officer, agent or employee thereof, shipping or transporting any motor vehicle fuel or lubricating oil into this State 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 a cent per gallon for every gallon of motor vehicle fuel or lubricating oil so shipped or transported into the State, or that is held for sale within this State. This section does not require the payment of an inspection fee on any shipment or consignment of motor vehicle fuel or lubricating oil when the inspection fee has been paid.

      2.  The inspection fees collected pursuant to the provisions of subsection 1, together with any penalties and interest collected thereon, must be transferred quarterly to the account in the State General Fund created pursuant to NRS 561.412 for the use of 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 the inspection fee described in subsection 1 shall send to the Department of Motor Vehicles a correct report of the motor vehicle fuel or oil volumes for the preceding month. The report must include a list of distributors or retailers distributing or selling the products and must be accompanied by the required fees.

      4.  Failure to send the report and remittance as specified in subsections 1 and 3 is a violation of NRS 590.010 to 590.150, inclusive, and is punishable as provided in NRS 590.150.

      5.  The provisions of this section must be carried out in the manner prescribed in chapters 360A and 365 of NRS.

      6.  All expenses incurred by the Department of Motor Vehicles in carrying out the provisions of this section are a charge against the account created pursuant to NRS 561.412.

      7.  For the purposes of this section, “motor vehicle fuel” 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)

      NRS 590.131  State Board of Agriculture to adopt regulations for warning labels on motor vehicle fuel pumps. [Effective January 1, 2014.]  The State Board of Agriculture shall adopt regulations:

      1.  Requiring a warning label to be affixed on each pump from which is drawn any motor vehicle fuel sold to a consumer if the motor vehicle fuel:

      (a) Contains manganese or any manganese compound, including, without limitation, methylcyclopentadienyl manganese tricarbonyl; and

      (b) Was delivered to the vendor within the immediately preceding 6 months.

      2.  Specifying the format, size, wording and placement of the warning label that a vendor is required to place on a pump pursuant to this section. The regulations must ensure that the warning labels measure at least 4 inches by 4 inches and include, without limitation:

      (a) A notice advising the consumer to read the label before dispensing the motor vehicle fuel;

      (b) A warning that the motor vehicle fuel contains manganese or a manganese compound, including, without limitation, methylcyclopentadienyl manganese tricarbonyl; and

      (c) A recommendation to consult the owner’s manual for the consumer’s motor vehicle before using the motor vehicle fuel.

      (Added to NRS by 2013, 1040, effective January 1, 2014)

      NRS 590.133  Documentation provided to purchaser of fuel containing manganese or manganese compound: Requirements. [Effective January 1, 2014.]  Any person, other than a retailer of motor vehicle fuel, who sells, offers for sale, assists in the sale of, delivers or transports motor vehicle fuel that contains manganese or any manganese compound must provide the purchaser, including without limitation, a retailer of motor vehicle fuel, with documentation expressly stating that the fuel contains manganese or a manganese compound and stating the volume of the compound expressed in milligrams per liter.

      (Added to NRS by 2013, 1041, effective January 1, 2014)

      NRS 590.140  Duties of district attorneys.  The district attorney of each county shall prosecute all violations of the provisions of NRS 590.010 to 590.150, inclusive, occurring within the county.

      [15:157:1955]

      NRS 590.150  Penalties; prima facie evidence.

      1.  Any person, or any officer, agent or employee thereof, who violates any of the provisions of NRS 590.010 to 590.140, inclusive, is guilty of a misdemeanor.

      2.  Each such person, or any officer, agent or employee thereof, is guilty of a separate offense for each day during any portion of which any violation of any provision of NRS 590.010 to 590.140, inclusive, is committed, continued or permitted by such person, or any officer, agent or employee thereof, and shall be punished as provided in this section.

      3.  The selling and delivery of any petroleum product or motor vehicle fuel mentioned in NRS 590.010 to 590.140, inclusive, is prima facie evidence of the representation on the part of the vendor that the quality sold and delivered was the quality bought by the vendee.

      [14:157:1955]—(NRS A 1961, 583; 1989, 1951; 2005, 659)

ADVERTISEMENT OF MOTOR VEHICLE FUEL AND PETROLEUM PRODUCTS

      NRS 590.160  Administration.  The provisions of NRS 590.160 to 590.330, inclusive, must be administered by the State Sealer of Consumer Equitability.

      [17:323:1951]—(NRS A 1957, 588; 2005, 659; 2013, 2488)

      NRS 590.170  Display of price and brand name, grade or certain words regarding sales of motor vehicle fuel and diesel fuel.

      1.  Except as otherwise provided in this section, a person shall not keep, maintain or display in this State any advertising medium which indicates, shows or advertises the price of motor vehicle fuel sold, offered for sale or advertised for sale from the premises, unless the actual price per unit of measure of motor vehicle fuel, including taxes, is also shown on the advertising medium, together with the brand name and the individual grade or grades of the motor vehicle fuel being advertised. If motor vehicle fuel prices are advertised in units of measure other than the gallon, the actual price per unit of measure along with the equivalent price per gallon and the word designating the unit of measure must be displayed on the face of the pump or dispenser.

      2.  The price of diesel fuel may be advertised excluding state tax, but only by a sign which clearly and conspicuously contains the wording “With Permit,” “With State Permit” or words of similar meaning in letters of uniform size not less than 4 inches in height. Diesel fuel dispensers displaying unit price without state tax must be labeled in letters not less than 1 inch in height with the words “Permit Price,” “With State 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 must not be considered an advertising medium.

      [1:323:1951]—(NRS A 1959, 673; 1960, 485; 1963, 111; 1971, 670; 1977, 1064; 1981, 530; 1993, 61; 2005, 659)

      NRS 590.180  Phraseology indicating reduced price.

      1.  No person offering for sale or selling any motor vehicle fuel in the State of Nevada may post or display a sign or statement or other advertising medium reading, in substance, “save” a designated amount, or a designated amount per unit of measure, such as “save 5 cents” or “save 5 cents per gallon,” or using the expression “off” a designated amount, such as “5 cents off” or “5 cents less,” or “discount” of a given amount, such as “5-cent discount,” or otherwise using the words “save,” “off,” “discount,” “wholesale,” “below,” or any of them, or a word or words of similar meaning or other phraseology indicating a reduced price, unless there is posted and displayed in letters of equal size and as part of the same sign, statement or other advertising medium the total price, including all taxes, at which motor vehicle fuel is being sold or offered for sale, designating the price for each brand name or grade of motor vehicle fuel being sold or offered for sale.

      2.  The size of the letters, words, figures or numerals used to indicate the total price per unit of measure, including all taxes, must be of a size as provided under the provisions of NRS 590.200.

      [2:323:1951]—(NRS A 1960, 485; 1981, 531; 1993, 62; 2005, 660)

      NRS 590.190  Motor vehicle fuel without brand name: Requisites.  If motor vehicle fuel is offered for sale or advertised for sale from the premises of any place of business in this state, but not under any brand name, then the words “no brand” must be used and designated on the advertising medium.

      [3:323:1951]—(NRS A 1993, 62; 2005, 660)

      NRS 590.200  Size of letters, figures or numerals in designation of brand or lack thereof.  All letters, figures or numerals used in designating the brand name or words “no brand” in any advertising medium referred to in NRS 590.160 to 590.330, inclusive, must be of uniform size and must not be less than 6 inches in height or one-third the size of the numerals designating the price, whichever is larger, and the height must not be more than twice the dimension of the width of each letter, or figure or numeral.

      [4:323:1951]—(NRS A 1981, 531; 2005, 660)

      NRS 590.210  Size of letters in designating individual grade of motor vehicle fuel.  All letters used in designating each individual grade of motor vehicle fuel must be at least 4 inches in height, and the height must not be more than twice the dimension of the width of each letter.

      [5:323:1951]—(NRS A 1963, 111; 1977, 1064; 1993, 62; 2005, 660)

      NRS 590.220  Size of letters, words, figures or numerals indicating prices of motor vehicle fuel.  All letters, words, figures or numerals used on the advertising medium referred to in NRS 590.160 to 590.330, inclusive, to indicate prices of motor vehicle fuel sold or advertised for sale must be uniform in size and must be at least 6 inches in height, and the height must not be more than twice the width. If a fraction displaying a numerator and a denominator is used in lieu of a full-size numeral on a price sign, the fraction must be of the same height and design as the other numerals indicating price. Numerators without denominators must not be used for fractions. The advertising medium must indicate the price of the fuel per gallon.

      [6:323:1951]—(NRS A 1981, 531; 1993, 62; 2005, 660)

      NRS 590.230  Contents and form of advertising medium; information concerning conditions of sale.

      1.  The advertising medium referred to in NRS 590.160 to 590.330, inclusive, must not contain any other advertising matter except words of description of the product sold or offered for sale, and method of sale, such as “self-serve,” “full serve” or words of similar meaning. If words of description or method of sale of the product offered or advertised by any such sign are used, the letters, figures or numerals which form any words must not be larger than the words, marks, letters, figures or numerals used in forming or designating the price per unit of measure.

      2.  If the price of a brand name or grade of motor vehicle fuel is advertised by means of a price sign and is sold at different prices from the dispensing devices on the premises, the sign or signs advertising the price must include notice of the conditions under which the brand name or grade is sold. If the sign advertises only the cash price, as a condition 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 height or one-third the size of the numerals in announcing the price, whichever is larger. If terms stating the condition of sale, including “self-serve,” “full serve,” or words of similar meaning, appear on a price sign, there must be signs designating “self-serve” and “full serve” islands, pumps or dispensing devices in letters of 4 inches in height or more, conspicuously posted, showing the pumps or dispensing devices where the product is sold at each price.

      [7:323:1951]—(NRS A 1977, 1064; 1993, 62; 2005, 660)

      NRS 590.250  Numeral “1” and letter “l”: Uniformity of type and design.  The numeral “1” or the letter “l” need not conform to specifications prescribed for other letters, words, figures or numerals by NRS 590.160 to 590.330, inclusive, but all letters, words, figures or numerals shall be the same type and design and shall be uniform with other letters, words, figures or numerals with which they are used.

      [9:323:1951]

      NRS 590.260  Visibility and color of letters, words, figures or numerals.  All letters, words, figures or numerals appearing on any advertising medium referred to in NRS 590.160 to 590.330, inclusive, shall be plainly visible and of such colors or tints as will contrast such letters, words, figures or numerals with the remaining parts of the advertising medium.

      [10:323:1951]

      NRS 590.270  Uniformity of color of words, letters, figures or numerals designating brands, prices, grades and conditions of sale.  All words, letters, figures or numerals on the advertising medium referred to in NRS 590.160 to 590.330, inclusive, which form or designate the brand name or the words “no brand” must be of like color or tint, and all words, letters, figures or numerals designating or indicating the price of motor vehicle fuel so offered for sale must be of like color or tint, and all words, letters, figures or numerals used in designating the grades and conditions of sale of motor vehicle fuel being advertised must be of like color or tint.

      [11:323:1951]—(NRS A 1993, 63; 2005, 661)

      NRS 590.280  Placement of medium in misleading position as regards other advertising.  No advertising medium may be placed on the premises of any place of business in this state in such a manner or in such a position to another advertising medium as will render the advertising medium advertising motor vehicle fuel offered for sale susceptible of being read in conjunction with any other advertising medium, if any person so reading from any public street or highway may be misled.

      [12:323:1951]—(NRS A 1993, 63)

      NRS 590.290  Addition of words distorting meaning of medium advertising other goods.  It is unlawful to place letters, words, figures or numerals on any advertising medium located or maintained on the premises of any place of business in this state advertising or offering for sale any goods, wares or merchandise, other than motor vehicle fuel, if the advertising medium may be construed by any reasonable person as advertising or offering for sale motor vehicle fuel.

      [13:323:1951]—(NRS A 1993, 63)

      NRS 590.300  Advertising of “motor oil” or “lubricating oil”: General requirements.

      1.  No person shall keep, maintain or display on the premises or near any place of business in this state any advertising medium which indicates or shows or advertises the price of “motor oil” or “lubricating oil” offered for sale or advertised for sale from such premises without clearly and conspicuously showing on the same advertising medium where such price is advertised the trade name or brand name of the particular motor oil or lubricating oil the price of which is so advertised, together with the words “motor oil” or “lubricating oil.”

      2.  If such motor oil or lubricating oil has no brand name or trade name, then the words “no brand” shall be displayed in connection with the designation of the product.

      [14:323:1951]

      NRS 590.310  Advertising of “motor oil” or “lubricating oil”: Uniformity, size, color and legibility of letters.

      1.  All letters, figures or numerals, used in designating the brand name or the words “no brand” which are part of any advertising medium indicating, showing or advertising the price of “lubricating oil” or “motor oil,” shall be uniform size, type and design and may be of any convenient height except that the height shall not be more than twice the dimension of the width of each such letter, figure or numeral.

      2.  All letters used in designating the words “motor oil” or “lubricating oil” which are part of any advertising medium indicating, showing or advertising the price of lubricating oil or motor oil shall be of uniform size, type and design and shall not be less than one-half the size nor greater than the size, either in height or width, of any letters, figures or numerals designating the brand name of the motor oil or lubricating oil being advertised.

      3.  All letters, words, figures or numerals used for the purpose of indicating the price of motor oil or lubricating oil shall be uniform 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 the words “no brand.”

      4.  All letters, figures or numerals used for designating the brand name or the words “no brand” when used as a part of any advertising medium indicating, showing or advertising the price of motor oil or lubricating oil shall be of like color or tint.

      5.  All letters, figures or numerals used for designating the price of motor oil or lubricating oil shall be of like color or tint.

      6.  All letters used in designating the words “motor oil” or “lubricating oil” when used as a part of any advertising medium indicating, showing or advertising the price of motor oil or lubricating oil shall be of like color or tint.

      7.  All such color or tint shall contrast with the background and other parts of such advertising medium.

      [15:323:1951]

      NRS 590.320  Advertising of fuel or product not sold by advertiser.  It is unlawful for any person engaged in the business of selling at retail any motor vehicle fuel or petroleum product for internal combustion engines to display any sign or other designating mark at or near the person’s place of business describing or designating a brand name, a trademark or the words “no brand” with respect to any motor vehicle fuel or petroleum product for internal combustion engines that is not currently available for sale or delivery at the person’s place of business.

      [16:323:1951]—(NRS A 1993, 63; 2005, 661)

      NRS 590.322  Civil penalties: Establishment of schedule by regulation; imposition.

      1.  The State Sealer of Consumer Equitability shall adopt regulations establishing a schedule of civil penalties for any violation of NRS 590.160 to 590.330, inclusive.

      2.  In addition to any criminal penalty that may be imposed, a person who violates any provision of NRS 590.160 to 590.330, inclusive, is subject to a civil penalty in accordance with the schedule of civil penalties established by the State Sealer of Consumer Equitability pursuant to subsection 1.

      (Added to NRS by 2005, 652; A 2013, 2488)

      NRS 590.324  Civil penalties: Notice; hearing; judicial review; civil action to enforce; deposit in State General Fund.

      1.  A person subject to a civil penalty may request an administrative hearing within 10 days after receipt of the notice of the civil penalty. The State Sealer of Consumer Equitability or a designee thereof shall conduct the hearing after giving appropriate notice to the respondent. The decision of the State Sealer of Consumer Equitability or designee is subject to appropriate judicial review.

      2.  If the respondent has exhausted all administrative appeals and the civil penalty has been upheld, the respondent shall pay the civil penalty:

      (a) If no petition for judicial review is filed pursuant to NRS 233B.130, within 40 days after the final decision of the State Sealer of Consumer Equitability; or

      (b) If a petition for judicial review is filed pursuant to NRS 233B.130 and the civil penalty is upheld, within 10 days after the effective date of the final decision of the court.

      3.  If the respondent fails to pay the civil penalty, a civil action may be brought by the State Sealer of Consumer Equitability in any court of competent jurisdiction to recover the civil penalty. All civil penalties collected pursuant to this chapter must be deposited with the State Treasurer for credit to the State General Fund.

      (Added to NRS by 2005, 652; A 2013, 2488)

      NRS 590.330  Criminal penalties.  Any violation of the provisions of NRS 590.160 to 590.330, inclusive, shall be punished:

      1.  For the first conviction, by a fine of not more than $500.

      2.  For the second conviction, for a misdemeanor.

      3.  For the third and subsequent convictions, for a gross misdemeanor.

      [16.1:323:1951; added 1953, 326]—(NRS A 1959, 674; 1967, 619; 2005, 661)

ANTIFREEZE

      NRS 590.340  Short title.  NRS 590.340 to 590.450, inclusive, may be cited as the Nevada Antifreeze Act.

      [12:308:1949; 1943 NCL § 1006.12]

      NRS 590.350  Definitions.  As used in NRS 590.340 to 590.450, inclusive, unless the context or subject matter otherwise requires:

      1.  “Antifreeze” includes all substances and preparations intended for use as the cooling medium, or to be added to the cooling liquid, in the cooling system of internal combustion engines to prevent freezing of the cooling liquid or to lower its freezing point.

      2.  “Fiscal year” means the period of 1 year beginning July 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 590.360  Adulteration.  An antifreeze shall be deemed to be adulterated:

      1.  If it consists in whole or in part of any substance which will render it injurious to the cooling system of an internal combustion engine or will make the operations of the engine dangerous to the user; or

      2.  If its strength, quality or purity falls below the standard of strength, quality or purity under which it is sold.

      [2:308:1949; 1943 NCL § 1006.02]

      NRS 590.370  Misbranding.  An antifreeze shall be deemed to be misbranded:

      1.  If its labeling is false or misleading in any particular; or

      2.  If in package form it does not bear a label containing the name and place of business of the manufacturer, packer, seller or distributor and an accurate statement of the quantity of the contents in terms of weight or measure on the outside of the package.

      [3:308:1949; 1943 NCL § 1006.03]

      NRS 590.380  Sale or holding with intent to sell antifreeze without permit prohibited; application for permit; sample; fee established by regulation; issuance and cancellation of permit.

      1.  Before any antifreeze may be sold, displayed for sale or held with intent to sell within this State, a sample thereof must be inspected annually by the State Sealer of Consumer Equitability.

      2.  Upon application of the manufacturer, packer, seller or distributor and the payment of a fee established by regulation of the State Board of Agriculture for each brand of antifreeze submitted, the State Sealer of Consumer Equitability shall inspect the antifreeze submitted. If the antifreeze:

      (a) Is not adulterated or misbranded;

      (b) Meets the standards of the State Sealer of Consumer Equitability; and

      (c) Is not in violation of NRS 590.340 to 590.450, inclusive,

Ê the State Sealer of Consumer Equitability shall issue to the applicant a written permit authorizing its sale in this State for the fiscal year in which the inspection fee is paid.

      3.  If the State Sealer of Consumer Equitability at a later date finds that:

      (a) The product to be sold, displayed for sale or held with intent to sell has been materially altered or adulterated;

      (b) A change has been made in the name, brand or trademark under which the antifreeze is sold; or

      (c) The antifreeze violates the provisions of NRS 590.340 to 590.450, inclusive,

Ê the State Sealer of Consumer Equitability shall notify 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; 2013, 2489)

      NRS 590.400  Enforcement.

      1.  The State Sealer of Consumer Equitability shall enforce the provisions of NRS 590.340 to 590.450, inclusive, by inspections, chemical analyses or any other appropriate methods. All samples for inspection or analysis shall be taken from stocks in the State or intended for sale in the State, or the State Sealer of Consumer Equitability, through his or her agents, may call upon the manufacturer or distributor applying for an inspection of an antifreeze to supply such samples thereof for analysis.

      2.  The State Sealer of Consumer Equitability, through his or her agents, shall have free access at all reasonable times to all places of business, buildings, vehicles, cars and vessels used in the manufacture, transportation, sale or storage of any antifreeze, and he or she may open any box, carton, parcel or package containing or supposed to contain any antifreeze and may take therefrom samples for analysis. If the person, or any officer, agent or employee thereof, from which such sample is taken, at the time of taking demands payment, the person taking such sample shall pay the reasonable market price therefor.

      [5:308:1949; 1943 NCL § 1006.05]—(NRS A 1961, 652; 2013, 2489)

      NRS 590.420  List of brands and trademarks registered by State Sealer of Consumer Equitability.  The State Sealer of Consumer Equitability may furnish upon request a list of the brands and trademarks of antifreeze inspected by the State Sealer of Consumer Equitability or his or her agents during the fiscal year which have been found to be in accord with NRS 590.340 to 590.450, inclusive.

      [7:308:1949; A 1951, 18]—(NRS A 2013, 2489)

      NRS 590.430  Advertising literature: References to inspections by State Sealer of Consumer Equitability.  No advertising literature relating to any antifreeze sold or to be sold in this State shall contain any statement that the antifreeze advertised for sale has been approved by the State Sealer of Consumer Equitability; but if any antifreeze has been inspected by the State Sealer of Consumer Equitability and found to meet the standards of the State Sealer of Consumer Equitability and not to be in violation of NRS 590.340 to 590.450, inclusive, such statement may be contained in any advertising literature where such brand or trademark of antifreeze is being advertised for sale.

      [8:308:1949; 1943 NCL § 1006.08]—(NRS A 2013, 2490)

      NRS 590.440  Institution of proceedings by district attorney.  Whenever the State Sealer of Consumer Equitability shall discover any antifreeze is being sold or has been sold in violation of NRS 590.340 to 590.450, inclusive, the facts shall be furnished to the district attorney of the county where the violation occurred, who shall institute proper proceedings.

      [9:308:1949; 1943 NCL § 1006.09]—(NRS A 1961, 583; 2013, 2490)

      NRS 590.450  Penalty.  If any person, partnership, corporation or association shall violate the provisions of NRS 590.340 to 590.440, inclusive, such person, partnership, corporation or association shall be guilty of a misdemeanor.

      [11:308:1949; 1943 NCL § 1006.11]—(NRS A 1961, 652)

LIQUEFIED PETROLEUM GAS

      NRS 590.465  Short title.  NRS 590.465 to 590.645, inclusive, may be cited as the Nevada Liquefied Petroleum Gas Act.

      (Added to NRS by 1957, 476; A 1987, 1538; 1989, 1837)

      NRS 590.475  Definitions.  As used in NRS 590.465 to 590.645, inclusive, unless the context or subject matter otherwise requires:

      1.  “Board” means the Board for the Regulation of Liquefied Petroleum Gas.

      2.  “Liquefied petroleum gas,” “LPG” or “LP-Gas” means any material which is composed predominantly of any of the following hydrocarbons, or mixtures of propane, propylene, butanes, either normal butane or isobutane, and butylenes.

      (Added to NRS by 1957, 476; A 1985, 530, 799)

      NRS 590.485  Board for Regulation of Liquefied Petroleum Gas: Creation; number, appointment, qualifications, terms and removal of members; compensation of members and employees.

      1.  The Board for the Regulation of Liquefied Petroleum Gas, 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 a rural area of this State.

      (b) One member who is a firefighter employed by the fire department of a city in this State.

      (c) Two members who:

             (1) Are or have been engaged in the sale or distribution of liquefied petroleum gas in this State; and

             (2) Have a working knowledge of and actual experience in the daily operation of a business classified pursuant to the provisions of subsection 1 of NRS 590.575.

Ê Each member appointed pursuant to this paragraph may be appointed from a separate list of three nominees for appointment if such a list of nominees is provided to the Governor by the Nevada Propane Dealers Association.

      (d) Two members who are representatives of the general public.

      3.  After the initial terms, the members of the Board must be appointed to terms of 4 years.

      4.  Any appointed member may, for cause, inefficiency or neglect of duties, be removed from office by the Governor.

      5.  Each member of the Board is entitled to receive a salary of not more than $80 per day, as fixed by the Board, while engaged in the business of the Board.

      6.  While engaged in the business of the Board, each member and employee of the Board is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      7.  Except as otherwise provided by NRS 590.547 and 590.605, the salaries, per diem allowances and travel expenses of the members and employees of the Board must be paid out of the money of the Board, after approval by a majority of the Board.

      (Added to NRS by 1957, 476; A 1977, 1245; 1985, 440, 799; 1987, 1538; 1989, 1720; 1991, 386; 1993, 219, 443; 2005, 339)

      NRS 590.495  Board for Regulation of Liquefied Petroleum Gas: Meetings; quorum; officers; notice of meetings and certain hearings.

      1.  The Board shall hold three regular meetings per year in the months of March, July and November at such times and at such places as may be specified by a call of the Chair.

      2.  Special meetings may be held at such times and places as may be specified by a call of the Chair or a majority of the Board.

      3.  At the regular meeting in March of each year, the Board shall elect, by majority vote, a Chair, Vice Chair and Secretary-Treasurer, who shall hold their respective offices for a period of 1 year.

      4.  Four members of the Board constitute a quorum, and may exercise all the power and authority conferred on the Board.

      5.  If the Board conducts a hearing concerning the location of a facility for the storage of liquefied petroleum gas pursuant to NRS 590.547, the Board shall:

      (a) Notify the governing body and fire protection agency of the town; and

      (b) Post a notice in a conspicuous place in the town,

Ê in which the hearing will be held, at least 10 days before the hearing.

      6.  In addition to any other notice, the Board shall post the agenda of each meeting in:

      (a) The county seat of each county in this State; and

      (b) Each city or town,

Ê in which a project identified on the agenda is located.

      (Added to NRS by 1957, 476; A 1983, 1447; 1987, 1053, 1538; 1989, 1838; 1993, 443)

      NRS 590.505  Board for Regulation of Liquefied Petroleum Gas: Seal; Executive Secretary and other personnel; policies and regulations; biennial report; records.

      1.  The Board may adopt a seal for its own use which must have imprinted thereon the words “Board for the Regulation of Liquefied Petroleum Gas.” The care and custody of the seal is the responsibility of the Secretary-Treasurer of the Board.

      2.  The Board may appoint an Executive Secretary and may employ or, pursuant to NRS 333.700, contract with such other technical, clerical or investigative personnel as it deems necessary. The Board shall fix the compensation of the Executive Secretary and all other employees and independent contractors. Such compensation must be paid out of the money of the Board. The Board may require the Executive Secretary and any other employees and independent contractors to give a bond to the Board for the faithful performance of their duties, the premiums on the bond being paid out of the money of the Board.

      3.  In carrying out the provisions of NRS 590.465 to 590.645, inclusive, and holding its regular or special meetings, the Board:

      (a) Shall adopt written policies setting forth procedures 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 the Governor a biennial report before September 1 of each even-numbered year, covering the biennium ending June 30 of that year, of its transactions during the preceding biennium, including a complete statement of the receipts and expenditures of the Board during the period and any complaints received by the Board.

      5.  The Board shall keep accurate records, minutes and audio recordings or transcripts of all meetings and, except as otherwise provided in NRS 241.035, the records, minutes, audio recordings and transcripts so kept must be open to public inspection at all reasonable times. A copy of the minutes or audio recordings must be made available to a member of the public upon request at no charge pursuant to NRS 241.035. The Board shall also keep a record of all applications for licenses and licenses issued by it. The record of applications and 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; 2005, 1416; 2009, 2233; 2013, 333)

      NRS 590.509  Board for Regulation of Liquefied Petroleum Gas: Offices; 24-hour telephone number; availability of persons to offer assistance in emergency.

      1.  The Board shall maintain in such locations as it deems 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 liquefied petroleum gas to obtain assistance in an emergency.

      2.  The office must be supervised by an employee of the Board qualified to deal with the complaints of persons who use liquefied petroleum gas and with other matters relating to the business of the Board.

      3.  Persons licensed by the Board pursuant to NRS 590.575 in Class 1 and Class 2 or their qualified employees must be made available 24 hours a day to offer assistance upon the request of the Board or a fire department or other fire protection agency in whose district any emergency involving liquefied petroleum gas occurs.

      (Added to NRS by 1987, 1537; A 1993, 444)

      NRS 590.515  Regulations of Board: Generally.

      1.  In addition to any other regulations it is authorized or required to adopt, the Board shall adopt such other regulations as are reasonably necessary for the:

      (a) Protection of the health, welfare and safety of the public and persons using liquefied petroleum gases;

      (b) Provision of reasonable and adequate service to those persons using liquefied petroleum gases; and

      (c) Regulation of the removal of a tank from a customer’s premises and the maximum time allowable between the request and the removal. The Board shall consider the presence of fences or other physical impediments to the removal of the tank in determining reasonable exceptions to the time allowed for removal.

      2.  All regulations adopted by the Board relating to safety must be in substantial conformity with the generally accepted standards of safety concerning the same subject matter. Regulations adopted by the Board relating to safety in the storage, distribution, dispensing, transporting and utilization of LPG in this State and in the manufacture, fabrication, assembly, sale, installation and use of LPG systems, containers, apparatus or appliances must be just and reasonable and must conform, as nearly as possible, to the standards 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 regulations which:

      (a) Provide for the Board, through its staff, to:

             (1) Respond to inquiries and complaints from persons who use liquefied petroleum gas;

             (2) Assist persons who use liquefied petroleum gas in obtaining liquefied petroleum gas in an emergency; and

             (3) Facilitate the resolution of disputes between licensees and their customers.

Ê The provisions of this paragraph do not impose a duty upon the Board to provide financial assistance to any person.

      (b) Provide for the hearing and mediation of complaints filed by persons who use liquefied petroleum gas. Any such hearing must be open to the public, recorded on tape and prior notice thereof must be mailed by the Board to any person who requests to receive notice of such hearings.

      (c) Require each licensee to disclose uniformly information which the Board determines is necessary to disseminate to the licensees’ customers and prospective customers. The Board may adopt forms for such disclosures, but shall also require each licensee to post its rates and, upon request, disclose by telephone its applicable rates to existing and potential customers who so inquire.

      (Added to NRS by 1957, 478; A 1981, 94; 1987, 1540; 1989, 1839; 1991, 504; 2005, 299)

      NRS 590.519  Regulations regarding safety; inspections; programs on safety.

      1.  The Board shall adopt regulations regarding safety for all:

      (a) Systems for the distribution of liquefied petroleum gas to nine users of liquefied petroleum gas or less;

      (b) Tanks and appliances for liquefied petroleum gas; and

      (c) Suppliers and distributors of liquefied petroleum gas to any person or any system for the distribution of liquefied petroleum gas.

      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 necessary to carry out the provisions of paragraph (a).

      (c) Conduct programs on safety relating to liquefied petroleum gas for volunteer firefighters and groups of persons who use liquefied petroleum gas.

      (Added to NRS by 1987, 1537; A 2005, 339)

      NRS 590.521  Minimum general standards for equipment.  The Board may adopt regulations setting forth minimum general standards covering the design, construction, location, installation and operation of equipment for storing, handling, transporting by tank truck or tank trailer, and using liquefied petroleum gases and specifying the odorization of the gases and the degree thereof.

      (Added to NRS by 1987, 1536)

      NRS 590.525  Installation and maintenance of equipment.  All equipment must be installed and maintained in a safe operating condition and in conformity with the regulations and specifications adopted by the Board pursuant to NRS 590.515 and 590.519.

      (Added to NRS by 1957, 479; A 1987, 1541)

      NRS 590.535  Use of containers; required licenses; exceptions.

      1.  No person, firm or corporation, other than the owner 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 petroleum gas container or receptacle for any gas, compound, or for any other purpose whatsoever.

      2.  No person, firm or corporation shall hereafter engage 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 or utilization of LPG, nor shall any transporter, distributor or retailer of LPG engage in storing, dispensing or utilizing, nor shall any transporter, distributor or retailer dispense or transport over the highways of this state any LPG intended for use in this state in any system, container, apparatus or appliance without having first applied and obtained from the Board a license to do so.

      3.  The licenses required by this section shall not apply to the following types of businesses or operations:

      (a) Those engaged in the production or manufacture of LPG.

      (b) Those engaged in the wholesale selling or reselling of LPG to transporters, industrial consumers, processors, distributors or retailers, except wholesalers selling to ultimate consumers in this state.

      (c) Those selling or delivering motor vehicles or tractors, or supplying the same, which are factory-equipped with an LP-Gas system, container, apparatus or appliance for the utilization therein of LPG as motor fuel.

      (Added to NRS by 1957, 479)

      NRS 590.537  Dealer of leased tank to remove tank when requested at no charge; refund to customer.

      1.  Each dealer who leases a tank for the storage of liquefied petroleum gas to a customer shall, upon the request of a customer, remove the tank from the customer’s 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 rent for the unused portion of the lease; and

      (b) An amount equal to the value of the liquefied petroleum gas which remains in the tank when the tank is removed. In calculating the value of the liquefied petroleum gas, the dealer shall use the price the customer paid for the liquefied petroleum gas. If removal of liquefied petroleum gas from the tank is necessary to allow the dealer to remove the tank from the customer’s premises, there may be no charge imposed upon the customer for the removal of the gas.

      3.  The dealer shall mail the refund to the customer within 15 days after the tank is removed from the customer’s premises.

      (Added to NRS by 1989, 1837)

      NRS 590.545  Ordinances of political subdivisions not to conflict with law or regulations of Board; exception.

      1.  Except as otherwise provided in subsection 2, no political subdivision may adopt or enforce any ordinance or regulation in conflict with the provisions of NRS 590.465 to 590.645, inclusive, or with the regulations adopted pursuant to NRS 590.465 to 590.645, inclusive.

      2.  If a political subdivision determines that higher or more stringent standards concerning a particular installation or storage of liquefied petroleum gas within its jurisdiction are necessary, it may request the Board to consider the matter at a joint public meeting. The Board shall schedule 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 majority of the members of the governing body of the political subdivision agree:

      (a) That higher or more stringent standards should apply in that particular case; and

      (b) Upon what those standards should be,

Ê then the governing body of the political subdivision may adopt those standards for that particular case.

      (Added to NRS by 1957, 479; A 1985, 801; 1987, 1541; 1991, 387)

      NRS 590.547  Proposals for location of facilities for storage: Hearings; payment of costs; physical inspection of site; considerations.

      1.  Any hearing held by the Board on the proposed location of a facility for the storage of liquefied petroleum gas in a town in which no zoning ordinances or regulations apply must be held in the town in which the proposed facility would be located. The person requesting approval of the facility shall pay to the Board any costs incurred by the Board in conducting 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.

Ê If the Board determines that costs associated with the hearing will be substantial, it may require the person requesting approval of the facility to pay a part of the anticipated costs in advance of the hearing.

      2.  The Board shall provide for the physical inspection of the site of the proposed facility for the storage of liquefied petroleum gas before the application is approved or denied by the Board.

      3.  In determining whether to approve the facility for the storage of liquefied petroleum gas, the Board shall consider:

      (a) The health and safety of the residents of the area where the facility would be located.

      (b) The availability of water for fighting any fire at the facility or in the surrounding area.

      (c) The proximity of schools, residences, commercial establishments and other structures to the site and the risk of injury to persons or damage to property in the event of an emergency at the facility.

      (Added to NRS by 1987, 1537; A 1993, 444)

      NRS 590.549  Power of Board to issue, suspend and revoke licenses.

      1.  The Board may:

      (a) Prescribe the method and form of application for a license to sell, deliver, transport, transfer or dispense or engage in any other activity relating to liquefied petroleum gas;

      (b) Investigate the experience, reputation and background of applicants;

      (c) Issue, suspend, revoke or deny licenses; and

      (d) Conduct hearings in connection with applications for, or revocation of, licenses.

Ê In conducting hearings on the issuance or revocation of any license, the Board may compel the attendance of witnesses by use of subpoena and apply to the district court of the county where the hearing is held for an order citing any applicant or witness for contempt, for failure to attend or testify.

      2.  The Board may conduct examinations of any applicant to determine the responsibility, ability, knowledge, experience or other qualification of the applicant for a license under NRS 590.465 to 590.645, inclusive, and may require a reasonable amount of insurance against liability for injury to persons and damage to property.

      3.  The Board shall adopt regulations setting fees for applications, licenses and inspections adequate to cover the cost of the operations of the Board.

      4.  The Board may suspend or revoke licenses and refuse renewals of licenses if the applicant or licensee has been guilty of acts or conduct harmful to either the safety or protection of the public.

      (Added to NRS by 1987, 1536)

      NRS 590.555  Applications for licenses: Requirement; contents; fees.

      1.  Applications for any licenses required by NRS 590.465 to 590.645, inclusive, must be made to the Board prior to conducting any business of installing equipment for the use of LPG or prior to engaging in the business of selling LPG. No person may install or conduct any business of installing equipment for the use of LPG or engage in the business of selling LPG until such person has obtained a license from the Board.

      2.  The application must include the name and address of the applicant, and, if a partnership, the names and addresses of all partners, and if a corporation, association or other organization, the names and addresses of the president, vice president, secretary and managing officers.

      3.  Each application must be accompanied by the application fee and the annual license fee for the particular classification for each business or premises for which the license is sought as provided for in NRS 590.465 to 590.645, inclusive.

      (Added to NRS by 1957, 479; A 1959, 225; 1991, 388)

      NRS 590.565  Denial or issuance of licenses; copy of order denying license to be served on Governor and applicant.

      1.  The Board shall approve or disapprove all applications, and in the event an application is disapproved the Board shall promptly return to the applicant the license fee. Within 5 days after the denial of a license, the Board shall serve upon the applicant and the Governor a copy of the order denying the license, which order shall specify the reasons for the denial.

      2.  If it appears that the applicant is qualified by experience, education or knowledge to install equipment in a satisfactory and safe manner or is qualified by experience, education or knowledge to sell, transport or deliver the gas, and that the equipment used by the applicant complies with the minimum safety standards established by the Board, the Board shall approve the application and issue the appropriate license for the particular classification stated in NRS 590.465 to 590.645, inclusive.

      (Added to NRS by 1957, 480; A 1959, 225)

      NRS 590.575  Classifications.  For the purpose of administering the provisions of NRS 590.465 to 590.645, inclusive, and adopting the application and license fees to be remitted, the Board may classify any person, firm or corporation as follows:

      1.  Class 1. A fully licensed dealer who is engaged in the 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 or transferring 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 more dispensers at a fixed location for the resale of propane to the public.

      5.  Class 5. Any other business engaged in activities relating to LPG which the Board determines requires a special license.

      (Added to NRS by 1957, 480; A 1960, 108; 1983, 1234)

      NRS 590.585  Contents of license.

      1.  Every license issued under NRS 590.465 to 590.645, inclusive, shall set forth the name of the person or persons to whom it is issued.

      2.  The license shall specify the location, by street and number, of the premises for which it is issued and the particular classification of the license authorizing the type of business to be conducted.

      (Added to NRS by 1957, 481)

      NRS 590.595  Licenses nontransferable; license fees not refunded.

      1.  Any license issued under the provisions of NRS 590.465 to 590.645, inclusive, shall not be transferable by the licensee or licensees to any other person, firm, association, partnership or corporation, and it shall be valid only for the particular premises and particular persons described therein.

      2.  Whenever there is any transfer or change in the ownership such change must be reported to the Board within 30 days.

      3.  No license fee paid under NRS 590.465 to 590.645, inclusive, shall be refunded whenever any license issued has ceased to be valid either because of a voluntary transfer of any nature, revocation under the provisions of NRS 590.465 to 590.645, inclusive, death, insolvency, assignment for the benefit of creditors, or for any other reason.

      (Added to NRS by 1957, 481)

      NRS 590.605  Disciplinary action.

      1.  Whenever the Board has reasonable grounds to believe that any applicant or licensee under NRS 590.465 to 590.645, inclusive, is violating any of the provisions of NRS 590.465 to 590.645, inclusive, or regulations or specifications adopted hereunder, or is violating or failing to comply with any of the health and safety laws or regulations in force in this State, or is acting or conducting operations in any other manner which the Board deems to be inimical and not to the best interests of the health, safety or welfare of the people of this State, the Board may, after a hearing, suspend or revoke any or all licenses previously issued under the provisions of NRS 590.465 to 590.645, inclusive, or take such intermediate actions, including the imposition of fines, as it deems appropriate under the circumstances. If the Board has reasonable grounds to believe that a licensee is delivering a lesser quantity of gas than the licensee bills the customer for with the intent to defraud, that fact must be reported to the State Sealer of Consumer Equitability.

      2.  The Board shall cite the licensee, upon notice, stating reasons and given not less than 10 days before the date set for the hearing, to appear and show cause, if any, why the license should not be revoked or suspended or other disciplinary action should not be taken.

      3.  The Board may conduct investigations, summon and compel the attendance of witnesses, require the production of any records or documents and provide for the taking of depositions under the Nevada Rules of Civil Procedure in connection with such hearings.

      4.  If, upon hearing, the Board is satisfied that the violation 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 intermediate action, including the imposition of a fine, as it deems appropriate. In addition to any penalties imposed pursuant to this subsection, the licensee shall pay to the Board any costs incurred by the Board in conducting the investigation and hearing, including:

      (a) Costs to employ an attorney or other consultant; and

      (b) Per diem allowances and travel expenses.

Ê Money received by the Board from the imposition of fines must be paid to the State Treasurer for credit to the State General Fund. The Board may retain the money paid 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 the permanent public records of the Board. Copies must be furnished to the licensee and the complaining customer, if any. A licensee is entitled to judicial review of the order in the manner provided by chapter 233B of NRS. Enforcement of the Board’s order must be stayed until judicial review is completed.

      6.  In any case where the Board refuses to issue a license, or suspends or revokes a license, the applicant or accused may submit another application for the consideration of the Board.

      (Added to NRS by 1957, 481; A 1977, 80; 1989, 1656, 1840; 1989, 1656, 1840; 1993, 445; 2013, 2490)

      NRS 590.610  Variances from regulations.  The Board may grant variances from its regulations when it deems it in the best interest of the safety of the public or the persons using materials or services relating to liquefied petroleum gas.

      (Added to NRS by 1987, 1537)

      NRS 590.615  Variances from rules, regulations or specifications: Considerations.  When the Board finds, under such conditions as may arise, a variation from its rules, regulations or specifications which does not impair the safety of the public and persons using the materials which would otherwise be secure by compliance with such rules, regulations or specifications, the Board may, upon written application, consideration and investigation, grant a variance from the terms of the rules, regulations or specifications on such conditions as it may specify to insure the safety of the public and persons using the materials or services. In granting the variance, the Board shall take into consideration one or more of the following circumstances or conditions and the application shall specify which of them are relied upon:

      1.  The purpose and meaning embodied in the regulation from which the variance is requested and its relative importance in balancing the interests of the licensee and the community or public.

      2.  The reasons why the rules, regulations or specifications cannot be complied with.

      3.  If a consumer tank is involved, whether or not a fire hazard will be created or is maintained.

      4.  The openings which may or may not be made into any buildings below any regulator or container vents.

      5.  Whether or not the adjacent walls or exposures are fireproof.

      6.  Whether or not the installation will be safe in the event the variance is allowed.

      7.  Whether or not the installation will be exposed to collision by moving vehicles.

      8.  Any other factors or considerations which impose a hardship on the licensee or which the Board deems appropriate for the granting of a variance.

      (Added to NRS by 1957, 482)

      NRS 590.625  Attorney General is Board’s legal adviser.  The Attorney General for the State of Nevada and the Attorney General’s duly appointed deputies shall be the legal advisers of the Board on all matters, of every kind and nature, arising in the administration or enforcement of the provisions of NRS 590.465 to 590.645, inclusive, or the rules, regulations or specifications promulgated hereunder.

      (Added to NRS by 1957, 482)

      NRS 590.635  Duties of sheriffs and police officers.  The respective sheriffs within their counties, and all police officers of the State of Nevada, are charged with the duty, without further compensation, of assisting in the enforcement of NRS 590.465 to 590.645, inclusive, and shall, upon notice from the Board that a dealer or licensee is installing equipment or engaged in the sale of LPG without a license, or its license has been revoked or suspended, stop and abate such dealer or licensee from installing, selling or otherwise conducting business until such time as the requirements of NRS 590.465 to 590.645, inclusive, and all rules, regulations or specifications promulgated by the Board have been complied with.

      (Added to NRS by 1957, 482)

      NRS 590.640  Penalties; injunctive relief available to Board.

      1.  Any person who violates any of the provisions of NRS 590.465 to 590.645, inclusive, or any of the rules, regulations or specifications promulgated thereunder, is guilty of a misdemeanor.

      2.  If any person has engaged or is about to engage in any acts or practices which constitute or will constitute an offense against the provisions of NRS 590.465 to 590.645, inclusive, the district court of any county, on application of the Board, may issue an injunction or other appropriate order restraining such conduct. Proceedings pursuant to this subsection must be governed by Rule 65 of the Nevada Rules of Civil Procedure, except that no bond or undertaking is required in any action commenced by the Board.

      (Added to NRS by 1959, 224; A 1989, 1840)

      NRS 590.645  Promotion of safety by Division of Industrial Relations of Department of Business and Industry.  The Division of Industrial Relations of the Department of Business and Industry may promote safety in the liquefied petroleum gas industry within the State.

      (Added to NRS by 1957, 483; A 1973, 1024; 1977, 581; 1981, 1536; 1991, 2437; 1993, 1797)

CLEANUP OF DISCHARGED PETROLEUM

      NRS 590.700  Definitions.  As used in NRS 590.700 to 590.920, inclusive, unless the context otherwise requires, the words and terms defined in NRS 590.710 to 590.800, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 1989, 1686; A 1991, 339; 2005, 300)

      NRS 590.710  “Board” defined.  “Board” means the Board to Review Claims.

      (Added to NRS by 1989, 1686)

      NRS 590.720  “Department” defined.  “Department” means the Department of Motor Vehicles.

      (Added to NRS by 1989, 1686; A 1999, 1022; 2001, 2642)

      NRS 590.725  “Diesel fuel of grade number 1” defined.  “Diesel fuel of grade number 1” means a distillate from fuel oil which is of high volatility and used in high-speed diesel engines generally operated under variations in speed and load. The term includes diesel fuel of the type “C-B,” generally used in buses and similar operations.

      (Added to NRS by 1991, 338)

      NRS 590.726  “Diesel fuel of grade number 2” defined.  “Diesel fuel of grade number 2” means a distillate from gas oil which is of low volatility and used in high-speed diesel engines generally operated under uniform speed and load. The term includes diesel fuel of the type “R-R,” generally used in railroad locomotives, and type “T-T,” generally used in trucks with diesel engines.

      (Added to NRS by 1991, 338)

      NRS 590.730  “Discharge” defined.  “Discharge” means any release, leaking or spilling from a storage tank into water or soil, unless the discharge is authorized by state or federal law.

      (Added to NRS by 1989, 1686)

      NRS 590.740  “Division” defined.  “Division” means the Division of Environmental Protection of the State Department of Conservation and Natural Resources.

      (Added to NRS by 1989, 1686)

      NRS 590.750  “Fund” defined.  “Fund” means the Fund for Cleaning Up Discharges of Petroleum.

      (Added to NRS by 1989, 1686)

      NRS 590.760  “Heating oil” defined.  “Heating oil” means diesel fuel of grade number 1 or 2 or any other form of petroleum used in an oil-fired furnace or boiler for space heating.

      (Added to NRS by 1989, 1686)

      NRS 590.765  “Motor vehicle fuel” defined.  “Motor vehicle fuel” has the meaning ascribed to it in NRS 365.060.

      (Added to NRS by 1991, 338)

      NRS 590.770  “Operator” defined.  “Operator” means a person who owns, controls or is responsible for the operation of a storage tank.

      (Added to NRS by 1989, 1686)

      NRS 590.780  “Person” defined.  “Person” includes the United States, this state, and any agency or political subdivision of this state.

      (Added to NRS by 1989, 1686)

      NRS 590.790  “Petroleum” defined.  “Petroleum” means crude oil or any fraction thereof which is liquid at a temperature of 60 degrees Fahrenheit and a pressure of 14.7 pounds per square inch absolute.

      (Added to NRS by 1989, 1687)

      NRS 590.800  “Storage tank” defined.  “Storage tank” means any tank used to store petroleum, except petroleum for use in a chemical process.

      (Added to NRS by 1989, 1687)

      NRS 590.810  Legislative findings.  The Legislature finds that:

      1.  Protection of this state’s environment, particularly its supplies of water, requires the prompt cleaning up of any discharge of petroleum from a storage tank.

      2.  Federal law and regulations require each operator of a storage tank to show financial responsibility for this purpose, but the capital of smaller operators is too little to meet these requirements and insurance to cover this liability is prohibitively costly for these smaller operators.

      3.  Free competitive access to the business of distributing petroleum therefore requires a system of funding this liability in which all engaged in the business must participate equitably.

      4.  The fee imposed by NRS 590.840 is not an excise tax but a fee for engaging in the refining or importation of motor vehicle fuel, diesel fuel of grade number 1, diesel fuel of grade number 2 and heating oil.

      (Added to NRS by 1989, 1687; A 1991, 339)

      NRS 590.820  Board to Review Claims: Creation; members; Chair; administrative assistance; compensation of members.

      1.  The Board to Review Claims is hereby created in the Division. 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 in petroleum;

      (f) A representative of independent retailers of petroleum; and

      (g) A representative of the general public.

      2.  An officer designated as a member of the Board may designate a substitute. The Governor shall appoint the respective representatives designated as members of the Board. Each representative of a field of enterprise must be appointed from a list of three persons nominated by persons engaged in that field in this State, through their trade association if one exists.

      3.  The Board shall select its Chair. The Administrator of the Division shall provide administrative assistance to the Board as required.

      4.  Each member who is appointed by the Governor is entitled to receive a salary of not more than $80, as fixed by the Board, for each day’s attendance at a meeting of the Board.

      5.  While engaged in the business of the Board, each member of the Board is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      (Added to NRS by 1989, 1687; A 1991, 491)

      NRS 590.830  Fund for Cleaning Up Discharges of Petroleum: Creation; administration by Division; adoption of regulations by Board; claims; expenses and interest; resolutions adopted by Board concerning Fund.

      1.  The Fund for Cleaning Up Discharges of Petroleum is hereby created as a special revenue fund in the State Treasury. The Division shall administer the Fund for the purposes prescribed in NRS 590.700 to 590.920, inclusive, and the Board shall adopt appropriate regulations for the investigation and payment of claims against the Fund. The Board shall review each claim presented and authorize payment to the extent warranted by the facts of the case.

      2.  The expenses incurred by the Division in performing its duties pursuant to NRS 590.700 to 590.920, inclusive, are a charge against the Fund. The interest earned on money in the Fund must be credited to the Fund.

      3.  The Board shall transmit a copy of any resolution that the Board has adopted in carrying out its duties pursuant to this section to the Legislative Counsel within 5 working days after the adoption of the resolution for inclusion in the register of administrative regulations published pursuant to NRS 233B.0653.

      (Added to NRS by 1989, 1687; A 1997, 126; 1999, 2408; 2005, 300)

      NRS 590.835  Fund for Cleaning Up Discharges of Petroleum: Expenditures for certain discharges; limitations; reimbursement.  Notwithstanding any provision of NRS 590.700 to 590.920, inclusive, to the contrary, and except as otherwise provided in this section:

      1.  The Division may expend not more than $250,000 from the Fund per year as reimbursement for necessary costs incurred by the Division in the response to and cleanup of any discharge involving petroleum, including discharges from a storage tank and discharges from a mobile tank that occur during the transportation of petroleum on roads and highways. If the discharge involving petroleum also involves the discharge of another hazardous material, the Division may expend money pursuant to this section in the cleanup of the discharge of petroleum and the other hazardous material. The Division shall not expend money from the Fund pursuant to this section to clean up discharges involving petroleum from pipelines.

      2.  Except as otherwise provided in this subsection, money from the Fund expended by the Division pursuant to this section must be used to augment, and must not be used to replace or supplant, any money available from other sources for the cleanup of discharges of petroleum, including, without limitation, reimbursements by operators required to be made to the Division pursuant to NRS 590.850 and 590.870. If no money is available from those other sources, the Division may expend money from the Fund pursuant to this section to reimburse the Division for any costs specified in subsection 1.

      3.  If the Division expends money pursuant to this section to clean up a discharge involving petroleum, the operator of the tank shall reimburse the Division for the operator’s share of the costs for cleaning up the discharge. The Division shall, upon being reimbursed by the operator of the tank pursuant to this subsection, deposit that money in the Fund.

      4.  As used in this section:

      (a) “Discharge” means any release, leaking or spilling from a tank into water or soil, unless the discharge is authorized by state or federal law.

      (b) “Operator” means a person who owns, controls or is responsible for the operation of a tank.

      (c) “Tank” means a storage tank or a mobile tank used to transport petroleum received for sale or use in this State.

      (Added to NRS by 2005, 298)

      NRS 590.840  Collection of fee for certain fuels and heating oil; exempt products; payment of expenses of Department.

      1.  Except as otherwise provided in subsection 2, the Department shall collect for deposit in the Fund a fee of 0.75 cent for each gallon of motor vehicle fuel, diesel fuel of grade number 1, diesel fuel of grade number 2 and heating oil imported into this State in one of those forms or refined in this State. The fee imposed by this section is in addition to the taxes imposed by chapters 365 and 366 of NRS.

      2.  The fee imposed by subsection 1 does not apply to motor vehicle fuel, diesel fuel of grade number 1, diesel fuel of grade number 2 or heating oil that is:

      (a) Imported or refined by the United States, its unincorporated agencies and instrumentalities, or any incorporated agency or instrumentality of the United States wholly owned by the United States or by a corporation wholly owned by the United States;

      (b) Exported from this State;

      (c) Imported or refined by railroad companies for use in locomotive engines;

      (d) Being transported through this State in interstate commerce; or

      (e) Used as fuel for jet or turbine-powered aircraft.

      3.  The fee is payable on or before the last day of each calendar month for those products subject to the fee that are handled during the preceding calendar month. The Department shall prescribe by regulation the manner of payment of the fee and for this purpose may reasonably classify the persons liable for payment. The Department may, in collecting the fee, employ any administrative power conferred upon it by chapter 360A or 365 of NRS.

      4.  The expenses incurred by the Department in performing its duties under NRS 590.700 to 590.920, inclusive, are a charge against the Fund.

      (Added to NRS by 1989, 1688; A 1991, 339; 1995, 2503; 1999, 1022; 2001, 2630, 2642)

      NRS 590.850  Registration of storage tanks: Collection of annual fee; exempt tanks; reimbursement and other liability for noncompliance.

      1.  Except as otherwise provided in subsection 2, the Division 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 is required, with respect to a storage tank used to store heating oil for consumption on the same premises where the oil is stored, or a storage tank operated by a person not required to pay the fee for petroleum produced in or imported into this State.

      3.  The operator of a storage tank required to be registered pursuant to this section who fails to register that tank or to pay the annual fee when required shall reimburse the Division for any expense incurred by the Division in cleaning up a discharge from that storage tank and for any discharge of liability to a third person. If, in cleaning up the discharge from that storage tank, the Division expends money from the Fund in accordance with NRS 590.835, the Division shall, upon being reimbursed by the operator of the storage tank pursuant to this subsection, deposit that money in the Fund.

      (Added to NRS by 1989, 1688; A 1991, 340; 1995, 2504; 2005, 301)

      NRS 590.860  Transfer of portion of ending balance in Fund to account created in NRS 408.242.  If the balance in the Fund for Cleaning Up Discharges of Petroleum at the end of any fiscal year is estimated at $7,500,000 or more, the Department shall transfer to the account created pursuant to NRS 408.242 the balance in the Fund for Cleaning Up Discharges of Petroleum which exceeds $7,500,000.

      (Added to NRS by 1989, 1689; A 1991, 491; 2010, 26th Special Session, 48)

      NRS 590.870  Report of discharge from tank required; Division to clean up discharge; exception; reimbursement; test of tank required for coverage.

      1.  The operator of every storage tank, and every person who for compensation puts petroleum into a storage tank, shall report to the Division every discharge from that tank of which the operator or other person is aware or has reason to believe has occurred. The Division shall undertake or contract for cleaning up the discharge unless the operator or another person is already acting properly to clean it up. If the Division cleans up the discharge, the operator shall reimburse the Division for the operator’s share of the costs. If, in cleaning up the discharge, the Division expends money from the Fund in accordance with NRS 590.835, the Division shall, upon being reimbursed by the operator of the storage tank pursuant to this subsection, deposit that money in the Fund.

      2.  Each operator who is required or who chooses to register a tank must, unless the tank has been tested for tightness under the federal standards embodied in 40 C.F.R. § 280.43c since July 1, 1988, test the tank pursuant to those standards before it is eligible for the coverage provided by NRS 590.880 and 590.890.

      (Added to NRS by 1989, 1689; A 2005, 301)

      NRS 590.880  Allocation of costs resulting from discharge from certain storage tanks for heating oil.  The costs resulting from a discharge from a storage tank which has a capacity of 1,100 gallons or less and is used to store heating oil for consumption on the same premises where the oil is stored must be paid as follows, to the extent applicable:

      1.  The first $250 for cleaning up and the first $250 of liability for damages to a person other than this state or the operator of the tank, or both amounts, by the operator.

      2.  If necessary to protect the environment or the public 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 the tank, or both amounts, from the Fund. These limits apply to any one discharge and to the total for discharges from storage tanks controlled by any one operator in any fiscal year. For the purpose of this limitation, a group of operators more than 50 percent of whose net worth is beneficially owned by the same person or persons constitutes one operator.

      3.  Any further cost for cleaning up or for damages, by the operator.

      (Added to NRS by 1989, 1689; A 1991, 340; 1995, 2504)

      NRS 590.890  Allocation of costs resulting from discharge from other storage tanks; requirement to hold public hearings under certain circumstances.  If the costs resulting from a discharge from any other storage tank exceed $5,000, the costs must be paid as follows, to the extent applicable:

      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 the first $1,000,000 of liability for damages from each tank to any person other than this state or the operator of the tank, or both amounts. The balance of the first $1,000,000 for cleaning up each tank or for damages from each tank must be paid from the Fund, but the total amount paid from the Fund pursuant to this subsection in any one fiscal year for discharges from two or more storage tanks under the control of any one operator must not exceed $1,980,000 for cleaning up and $1,980,000 for damages.

      2.  By an operator which is a small business, 10 percent 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 this state or the operator of the tank, or both amounts. The total amount paid by an operator pursuant to this subsection must not exceed $50,000 for cleaning up and $50,000 for damages regardless of the number of storage tanks involved. The balance of the first $1,000,000 for cleaning up each tank or for damages from each tank must be paid from the Fund, but the total amount paid from the Fund pursuant to this subsection in any one fiscal year for discharges from two or more 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 this limitation, a group of operators more than 50 percent of whose net worth is beneficially 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 up each tank and of the first $1,000,000 of liability for damages from each tank to 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 cleaning up each tank or for damages from each tank must be paid from the Fund.

Ê The total amount paid from the Fund pursuant to paragraph (b) in any one fiscal year for discharges from two or more storage tanks under the control of any one operator must not exceed $1,800,000 for cleaning up and $1,800,000 for damages. For the purpose of this limitation, a group of operators more than 50 percent of whose net worth is beneficially owned by the same person or persons constitutes one operator.

      4.  Any further cost for cleaning up or for damages which is in excess of the amounts paid pursuant to subsections 1, 2 and 3 must be paid by the operator.

      5.  A political subdivision of the State that receives money from the Fund pursuant to subsection 1 to pay for the costs of cleaning up shall hold one public hearing upon initiation of the cleanup and one public hearing every 3 months thereafter until the cleanup is completed to ensure that the cleanup complies with any requirements of the Division concerning the cost-effectiveness of cleaning up. The costs incurred by the political subdivision for the hearing must not be attributed to the political subdivision as part of the costs paid by the political subdivision pursuant to subsection 1.

      6.  For the purposes of this section, a small business is a business which receives less than $500,000 in gross annual receipts from the site where the tank is located.

      (Added to NRS by 1989, 1689; A 1991, 340; 1995, 2504)

      NRS 590.900  Liability for costs to clean up discharge caused by willful or wanton misconduct, gross negligence or violation of statute or regulation.

      1.  Any person who, through willful or wanton misconduct, through gross negligence or through violation of any applicable statute or regulation, including specifically any state or federal standard pertaining to the preparation or maintenance of sites for storage tanks, proximately causes a discharge is liable to the Division for any cost in cleaning up the discharge or paying for it to be cleaned up.

      2.  If a discharge occurs, the site of the tank and any other premises affected by the discharge must be brought into compliance with any applicable standard as described in subsection 1.

      (Added to NRS by 1989, 1690)

      NRS 590.910  Pro rata reduction required if balance in Fund insufficient for full payment.  If the balance in the Fund is insufficient to pay in full all amounts payable from it under NRS 590.700 to 590.920, inclusive, these amounts must be reduced pro rata and the amounts so withheld must be paid pro rata as additional money becomes available in the Fund.

      (Added to NRS by 1989, 1690)

      NRS 590.920  Tanks exempted from certain provisions; optional coverage of exempted tank.

      1.  Except as otherwise specifically provided in NRS 590.835, the provisions of NRS 590.850 to 590.910, inclusive, do not apply to any tank which:

      (a) Contains petroleum being transported through this State in interstate commerce, but do apply to a tank being used to store petroleum 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 in either case the operator complies with subsection 2; or

      (c) Is above ground and has a capacity of more than 30,000 gallons.

      2.  The operator of a tank exempted by paragraph (b) of subsection 1 may obtain the coverage provided by NRS 590.880 and 590.890 by applying to the Board, paying the fee set pursuant to NRS 590.850 for its registration, and, if the tank is used to store fuel for jet or turbine-powered aircraft, reporting monthly the number of gallons of fuel put into the tank and paying the fee required by NRS 590.840. Coverage pursuant to this subsection begins 6 months after the tank is registered and the required fee first paid.

      (Added to NRS by 1989, 1687; A 1991, 341; 2005, 301)