NAC459.99933. Use of money received as financial assistance.

     1. A recipient may not use money received as financial assistance for the payment of:

     (a) The application fee for the program for voluntary cleanup;

     (b) The recovery by the Division of costs incurred by the Division under the program for voluntary cleanup;

     (c) Costs for precleanup environmental response activities, such as site assessment, identification and characterization;

     (d) Costs for activities related to site development and construction that are not corrective actions;

     (e) Costs for monitoring and data collection that are necessary to apply for, or comply with, environmental permits required by other state or federal laws unless such a permit is a required component of the corrective action; or

     (f) A penalty or fine.

     2. A recipient may use money received as financial assistance for the preparation of a plan for corrective action pursuant to NAC 445A.2271 or 445A.2273 or a remedial agreement pursuant to NRS 459.636 if the characterization data needed to support such a plan or agreement was developed without the use of the financial assistance.

     3. A recipient shall not use money received as financial assistance to pay any of its administrative costs related to the management of the financial assistance. An administrative cost for an activity that is determined by the Division to be an allowable cost may be used to meet the requirement of matching money set forth in subsection 3 NAC 459.99932. The Division shall determine an administrative cost to be an allowable cost if the administrative cost directly involves the design and monitoring of performance of a corrective action.

     4. A recipient of a subgrant shall not use money from the subgrant to purchase any equipment which costs more than $5,000. Any such equipment which is necessary to conduct corrective actions at the property must be rented or leased by the recipient for the period necessary to complete the corrective actions.

     (Added to NAC by Environmental Comm’n by R084-04, eff. 10-8-2004)