NAC519A.392. Payments for deposit into Fund; use and reimbursement of money in Fund.

     1. In addition to the surety required pursuant to NAC 519A.350, on or before October 1, 2000, an operator of a mining operation that is required to hold a permit from the Department of Wildlife pursuant to NRS 502.390 shall submit to the Division:

     (a) Thirty-six thousand dollars if the total amount of surety the operator is required to provide pursuant to NAC 519A.360 is more than $35,000,000 as of the date the operator submits the money;

     (b) Twenty-four thousand dollars if the total amount of surety the operator is required to provide pursuant to NAC 519A.360 is more than $7,000,000 but less than or equal to $35,000,000 as of the date the operator submits the money;

     (c) Six thousand dollars if the total amount of surety the operator is required to provide pursuant to NAC 519A.360 is more than $1,000,000 but less than or equal to $7,000,000 as of the date the operator submits the money; or

     (d) One thousand dollars if the total amount of surety the operator is required to provide pursuant to NAC 519A.360 is less than or equal to $1,000,000 as of the date the operator submits the money.

     2. In addition to the surety required pursuant to NAC 519A.350 and the payment required pursuant to subsection 1, on or before April 15, 2001, an operator of a mining operation that is required to hold a permit from the Department of Wildlife pursuant to NRS 502.390 shall submit to the Division:

     (a) Thirty-six thousand dollars if the total amount of surety the operator is required to provide pursuant to NAC 519A.360 is more than $35,000,000 as of the date the operator submits the money;

     (b) Twenty-four thousand dollars if the total amount of surety the operator is required to provide pursuant to NAC 519A.360 is more than $7,000,000 but less than or equal to $35,000,000 as of the date the operator submits the money;

     (c) Six thousand dollars if the total amount of surety the operator is required to provide pursuant to NAC 519A.360 is more than $1,000,000 but less than or equal to $7,000,000 as of the date the operator submits the money; or

     (d) One thousand dollars if the total amount of surety the operator is required to provide pursuant to NAC 519A.360 is less than or equal to $1,000,000 as of the date the operator submits the money.

     3. In addition to the surety required pursuant to NAC 519A.350 and the payments required pursuant to subsections 1 and 2, on or before April 15, 2002, an operator of a mining operation that is required to hold a permit from the Department of Wildlife pursuant to NRS 502.390 shall submit to the Division:

     (a) Thirty-six thousand dollars if the total amount of surety the operator is required to provide pursuant to NAC 519A.360 is more than $35,000,000 as of the date the operator submits the money;

     (b) Twenty-four thousand dollars if the total amount of surety the operator is required to provide pursuant to NAC 519A.360 is more than $7,000,000 but less than or equal to $35,000,000 as of the date the operator submits the money;

     (c) Six thousand dollars if the total amount of surety the operator is required to provide pursuant to NAC 519A.360 is more than $1,000,000 but less than or equal to $7,000,000 as of the date the operator submits the money; or

     (d) One thousand dollars if the total amount of surety the operator is required to provide pursuant to NAC 519A.360 is less than or equal to $1,000,000 as of the date the operator submits the money.

     4. The Division shall:

     (a) Establish the Trust Fund for Short-Term Fluid Management;

     (b) Deposit money collected pursuant to this section in the Trust Fund;

     (c) Credit all interest earned on the money in the Trust Fund to the Trust Fund;

     (d) Use the money in the Trust Fund only for the management of fluids at a site while the process for forfeiture of a surety pursuant to NAC 519A.390 is pending; and

     (e) After the conclusion of the process for forfeiture of a surety pursuant to NAC 519A.390, if the surety was forfeited, reimburse the Trust Fund with the surety that was forfeited. Such reimbursement must be in an amount equal to the total amount of money used from the Trust Fund at the site for which the surety was forfeited.

     5. An operator that operates more than one mining operation in this State may combine the amount of surety required pursuant to NAC 519A.360 for each site to determine the total amount of surety the operator is required to provide pursuant to NAC 519A.360 for purposes of determining the amount of money to submit pursuant to this section.

     (Added to NAC by Environmental Comm’n by R120-00, eff. 9-25-2000)