NAC459.9718. Applicability of provisions.

The provisions of NAC 459.970 to 459.9729, inclusive, do not apply to:

     1. Services provided by an employee of a business or public agency relative to the hazardous waste management, release investigation or response or underground storage tank management responsibilities of his or her employer, exclusively, while acting in the course of that employment.

     2. Services provided by an employee of a public agency with the responsibility of regulatory enforcement, emergency response, or protection of public health, welfare or the environment, while acting in the course of that employment.

     3. Services provided by a person who is a transporter of hazardous waste that are:

     (a) Designated as the specific responsibility of the transporter of hazardous waste under the applicable state or federal regulations; and

     (b) Necessary to perform the service of transportation of hazardous waste in accordance with the applicable state or federal regulations.

     4. Services provided by a person under contract at a federal facility, while acting within the scope of that contract.

     5. Services provided by a person that are requested by a state agency or political subdivision of the State if fees are not charged for those services.

     6. Services provided by a public utility to its customers if incidental to the services ordinarily provided by the utility.

     (Added to NAC by Environmental Comm’n, eff. 3-6-91; A 10-29-93)