State Codes and Statutes

Statutes > Rhode-island > Title-23 > Chapter-23-19-14 > 23-19-14-7-1

SECTION 23-19.14-7.1

   § 23-19.14-7.1  Remedial agreements. –In addition to exemption from liability provided for in § 23-19.14-7, thestate and a person who has received a remedial decision letter may enter into aremedial agreement that includes a covenant not to sue and contributionprotection and which describes the agreed remedial actions and shall beassignable as therein provided. Whenever the state has entered into a remedialagreement under this section, the liability to the state under this chapter ofeach party to the agreement including any future liability to the state,arising from the release or threatened release that is the subject of theagreement shall be limited as provided in the agreement pursuant to a covenantnot to sue. The final covenant not to sue may, at the discretion of the state,be transferred to successors or assigns that are not otherwise found to be aresponsible party under § 23-19.14-6. The covenant not to sue may providethat future liability to the state of a person who is under the remedialagreement may be limited to the same proportion as that established in theoriginal agreement. A remedial agreement shall be distinct from a letter ofcompliance, and the absence of a remedial agreement shall not affect orcompromise exemption to liability provided for in § 23-19.14-7.

State Codes and Statutes

Statutes > Rhode-island > Title-23 > Chapter-23-19-14 > 23-19-14-7-1

SECTION 23-19.14-7.1

   § 23-19.14-7.1  Remedial agreements. –In addition to exemption from liability provided for in § 23-19.14-7, thestate and a person who has received a remedial decision letter may enter into aremedial agreement that includes a covenant not to sue and contributionprotection and which describes the agreed remedial actions and shall beassignable as therein provided. Whenever the state has entered into a remedialagreement under this section, the liability to the state under this chapter ofeach party to the agreement including any future liability to the state,arising from the release or threatened release that is the subject of theagreement shall be limited as provided in the agreement pursuant to a covenantnot to sue. The final covenant not to sue may, at the discretion of the state,be transferred to successors or assigns that are not otherwise found to be aresponsible party under § 23-19.14-6. The covenant not to sue may providethat future liability to the state of a person who is under the remedialagreement may be limited to the same proportion as that established in theoriginal agreement. A remedial agreement shall be distinct from a letter ofcompliance, and the absence of a remedial agreement shall not affect orcompromise exemption to liability provided for in § 23-19.14-7.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-23 > Chapter-23-19-14 > 23-19-14-7-1

SECTION 23-19.14-7.1

   § 23-19.14-7.1  Remedial agreements. –In addition to exemption from liability provided for in § 23-19.14-7, thestate and a person who has received a remedial decision letter may enter into aremedial agreement that includes a covenant not to sue and contributionprotection and which describes the agreed remedial actions and shall beassignable as therein provided. Whenever the state has entered into a remedialagreement under this section, the liability to the state under this chapter ofeach party to the agreement including any future liability to the state,arising from the release or threatened release that is the subject of theagreement shall be limited as provided in the agreement pursuant to a covenantnot to sue. The final covenant not to sue may, at the discretion of the state,be transferred to successors or assigns that are not otherwise found to be aresponsible party under § 23-19.14-6. The covenant not to sue may providethat future liability to the state of a person who is under the remedialagreement may be limited to the same proportion as that established in theoriginal agreement. A remedial agreement shall be distinct from a letter ofcompliance, and the absence of a remedial agreement shall not affect orcompromise exemption to liability provided for in § 23-19.14-7.