[§128D-20]  De minimis settlements. 
(a)  Whenever practicable and in the public interest, the director, in
consultation with the attorney general, as promptly as possible, shall reach a
final settlement with a potentially responsible party in any administrative or
civil action brought under this chapter, provided that the settlement involves
only a minor portion of the response costs at the facility concerned and, in
the judgment of the director, the conditions in either paragraph (1) or (2) are
met:



(1)  Both the amount of the hazardous substances
contributed by that party to the facility and the toxic or other hazardous
effects of the substances contributed by that party to the facility are minimal
in comparison to other hazardous substances at the facility; or



(2)  The potentially responsible party is the owner of
the real property on or in which the facility is located, and did not conduct
or permit the generation, transportation, storage, treatment, or disposal of
any hazardous substance at the facility, and did not contribute to the release
or threat of release of a hazardous substance at the facility through any
action or omission.



This subsection shall not apply if the potentially
responsible party purchases the real property with actual or constructive
knowledge that the property was used for the generation, storage, treatment, or
disposal of any hazardous substance.



(b)  The director may provide a covenant not to
sue with respect to the facility concerned to any party who has entered into a
settlement under this section unless such a covenant would be inconsistent with
the public interest.



(c)  The director shall reach any such
settlement or grant such covenant not to sue as soon as possible after the
director has available the information necessary to reach such a settlement or
grant such a covenant.



(d)  A settlement under this section shall be
entered as a consent decree or embodied in an administrative order setting
forth the terms of the settlement.  Any state court with jurisdiction may enforce
any such consent decree or administrative order.



(e)  A party who has resolved its liability to
the State under this section shall not be liable for claims for contribution or
indemnity regarding matters addressed in the settlement.  Such settlement does
not discharge any of the other potentially responsible parties unless its terms
so provide, but it reduces the potential liability of the others by the amount
of the settlement.



(f)  Nothing in this section shall be construed
to affect the authority of the director to reach settlements with other
potentially responsible parties. [L 1991, c 280, pt of §1]