{"data":{"id":"us-nv/nrs-445c.090","jurisdiction":"us-nv","citation":"NRS 445C.090","heading":"Rebuttal of presumption that regulated person is not liable for administrative or civil penalty for violation.","body":"The presumption against administrative or civil liability set forth in NRS 445C.080 is rebutted to the extent it is established that:\n1. The violation of an environmental requirement was committed willfully or with gross negligence by the regulated person;\n2. The regulated person identified and disclosed the violation of an environmental requirement in an environmental audit after the commencement of:\n(a) An independent inspection or investigation of the regulated facility by a regulatory agency or other governmental entity;\n(b) An administrative proceeding against the regulated person for the violation; or\n(c) A civil or criminal action against the regulated person for the violation;\n3. The violation resulted in serious actual harm or presented an imminent or substantial danger to the public health or the environment;\n4. The environmental audit was conducted for a fraudulent purpose;\n5. The regulated person obtained a significant economic benefit or advantage as a result of the violation; or\n6. The regulated person conducted a previous environmental audit that disclosed the violation and he or she intentionally failed to report that violation to the appropriate regulatory agency.","path":["TITLE 40 — PUBLIC HEALTH AND SAFETY","CHAPTER 445C - ENVIRONMENTAL REQUIREMENTS; CLEANUP OF DISCHARGED PETROLEUM","ENVIRONMENTAL REQUIREMENTS"],"source_url":"https://www.leg.state.nv.us/NRS/NRS-445C.html#NRS445CSec090","current_through":"2025 session (NRS as revised 2026-08-25)","vintage":"","retrieved_at":"2026-09-03T05:51:40Z","sha256":"0bde3bb6a41c81d629859053cf0eb34ff7b205c6da8e58ab90e9e8418cb4a6e4","source_id":"us-nv","stale":true,"prev":"us-nv/nrs-445c.080","next":"us-nv/nrs-445c.100"},"notice":"GroundRules: Original legal text. Not legal advice."}