§128D-40  Exemption from liability.  (a) To qualify for an exemption from liability, a requesting party that is also aprospective purchaser shall enter into a voluntary response agreement with thedepartment prior to becoming the owner or operator of the property that is thesubject of the agreement.

(b)  Prospective purchasers who completea voluntary response action and receive a letter of completion from thedepartment are exempt from future liability to the department for thosespecific hazardous substances, pollutants, contaminants, media, and land areaaddressed in the voluntary response action and specified in a letter ofcompletion from the department.  Prospective purchasers of property for whichan owner has completed a voluntary response action and received a letter ofcompletion from the department are exempt from future liability to thedepartment for those specific hazardous substances, pollutants, contaminants,media, and land area addressed in the voluntary response action and specified inthe letter of completion issued to the party who conducted the voluntaryresponse action.

(c)  The exemption from future liabilityto the department referenced in subsection (b) applies only to those specifichazardous substances, pollutants, and contaminants cleaned up to a risk-basedstandard of not more than one total lifetime cancer risk per one million andonly to the specific media and land area addressed in the voluntary responseaction; provided that the exemption only applies to the contamination whichoccurred prior to conducting the voluntary response action.

(d)  A party who is exempt from futureliability to the department under subsections (b) and (c) shall not be liablefor claims for contribution or indemnity regarding matters addressed in thevoluntary response action.

(e)  The department reserves the rightto take action consistent with this chapter against responsible parties.

(f)  The exemption from liability shallnot be effective:

(1)  If a letter of completion is acquired by fraud,misrepresentation, or failure to disclose material information;

(2)  Where transactions were made for the purpose ofavoiding liability under part I; or

(3)  If a prospective purchaser fails to comply withthe terms and conditions specified in the letter of completion.

(g)  There shall be no exemption fromliability for other laws or requirements. [L 1997, c 377, pt of§2; am L 1998, c 233, §5; am L 2005, c 133, §8]