The presumption against administrative or civil liability set forth in NRS 445C.080 is rebutted to the extent it is established that:
1. The violation of an environmental requirement was committed willfully or with gross negligence by the regulated person;
2. The regulated person identified and disclosed the violation of an environmental requirement in an environmental audit after the commencement of:
(a) An independent inspection or investigation of the regulated facility by a regulatory agency or other governmental entity;
(b) An administrative proceeding against the regulated person for the violation; or
(c) A civil or criminal action against the regulated person for the violation;
3. The violation resulted in serious actual harm or presented an imminent or substantial danger to the public health or the environment;
4. The environmental audit was conducted for a fraudulent purpose;
5. The regulated person obtained a significant economic benefit or advantage as a result of the violation; or
6. 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.
(Added to NRS by 1997, 1077)
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