NAC445A.22695. Immediate action required under certain circumstances; Director may waive certain requirements.

     1. An owner or operator shall immediately take any action necessary to mitigate and abate imminent and substantial hazards to public health or safety created by the release of a hazardous substance, hazardous waste or a regulated substance, including, without limitation:

     (a) The removal of the hazardous substance, hazardous waste or regulated substance from any leaking container in an amount that is required to prevent any additional release of the hazardous substance, hazardous waste or regulated substance into the environment;

     (b) Conducting a visual inspection of any aboveground release or exposed underground release of the hazardous substance, hazardous waste or regulated substance and the prevention of any additional migration of the hazardous substance, hazardous waste or regulated substance into any surrounding soil, groundwater or surface water;

     (c) The reduction or elimination of any hazard that is caused or may be caused by any contaminated soil that is excavated or exposed during the confirmation of the release or investigation of the site; and

     (d) Initiation of free product removal as soon as practicable and in consultation with the Division.

     2. The Director may waive any provision of NAC 445A.226 to 445A.22755, inclusive, other than a provision of NAC 445A.2272, 445A.22735 or 445A.2275, and require an owner or operator to take immediate action after a release of a hazardous substance, hazardous waste or a regulated substance occurs or upon a discovery of any contaminated media specified by the Director if the release or contamination:

     (a) Has an actual or imminent effect on groundwater or surface water; or

     (b) Is hazardous to public health and safety.

     (Added to NAC by Environmental Comm’n, eff. 10-3-96; A by R189-08, 8-25-2009)