NAC459.317. Applicability.

     1. Except as otherwise provided in subsection 2, the provisions of NAC 459.027, 459.200 and 459.316 to 459.3184, inclusive, apply to any facility licensed by the Division pursuant to NAC 459.010 to 459.950, inclusive.

     2. A facility licensed by the Division pursuant to NAC 459.010 to 459.950, inclusive, is not subject to the provisions of NAC 459.027, 459.200 and 459.316 to 459.3184, inclusive, if the facility:

     (a) Has been decommissioned before May 30, 2003, pursuant to:

          (1) The federal Site Decommissioning Management Plan of April 16, 1992, set forth at 57 Fed. Reg. 13,389; or

          (2) Other criteria approved by the Division; or

     (b) Submitted a decommissioning plan before August 20, 1998, that, except for any day-to-day extension granted by the Division for the submission of an environmental impact statement, was approved by the Division before August 20, 1999, pursuant to the federal Site Decommissioning Management Plan of April 16, 1992, set forth at 57 Fed. Reg. 13,389.

     (Added to NAC by Dep’t of Human Resources by R137-01, eff. 5-30-2003; A by Bd. of Health by R149-07, 1-30-2008)