NAC459.99925. Eligibility for loan: Requirements for site.

     1. Except as otherwise provided in this section, for an applicant to be eligible for a loan from the Fund with respect to a property, the property must contain the site of a release of a hazardous substance, pollutant or petroleum product and qualify as a brownfield site.

     2. An applicant may be eligible for a loan from the Fund with respect to a disposal site only if the Division determines that:

     (a) The disposal site poses a threat to human health or the environment because of the presence of a hazardous substance and presents a danger to human health beyond any physical hazards that may be present at the disposal site;

     (b) The disposal site was closed before the enactment of the Hazardous and Solid Waste Amendments of 1984, 42 U.S.C. §§ 6901 et seq.; and

     (c) Corrective action is not required by the Division pursuant to NAC 444.7481 to 444.7499, inclusive.

     3. An applicant is not eligible for a loan from the Fund with respect to a property which is eligible for funding pursuant to NAC 590.700 to 590.790, inclusive, or is otherwise subject to NAC 459.9921 to 459.999, inclusive, unless:

     (a) The loan will be used for corrective action on the property exclusively to address a hazardous substance which is distinct from, and not commingled with, petroleum contamination that is eligible for reimbursement pursuant to NAC 590.700 to 590.790, inclusive;

     (b) The Division determines that the applicant is not eligible for funding pursuant to NAC 590.700 to 590.790, inclusive, for petroleum contamination on the property and:

          (1) The applicant did not cause or contribute to the release of petroleum products; and

          (2) The cleanup of the petroleum contamination would protect human health and the environment and result in the redevelopment of the site; or

     (c) The loan will be used to continue the remediation of a hazardous substance commingled with petroleum contamination after the issues relating to the petroleum contamination have been mitigated.

     4. As used in this section, “disposal site” has the meaning ascribed to it in NRS 444.460.

     (Added to NAC by Environmental Comm’n by R084-04, eff. 10-8-2004; A by R004-08 & R005-08, 4-17-2008; R189-08, 8-25-2009)