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



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



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



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



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



(f)  The exemption from liability shall
not 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 of
avoiding liability under part I; or



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



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