A. After the department issues a certificate of completion for a site, the secretary of environment shall provide a covenant not to sue to a purchaser of the site that did not contribute to the site contamination for any direct liability, including future liability for claims based upon the contamination covered by the agreement and over which the department has authority. Except as may be provided under federal law or as may be agreed to by a federal government entity, the covenant not to sue shall not release a participant from liability to the federal government for claims based on federal law. Except as may be agreed to by a third party, the covenant not to sue shall not release a person from liability to third parties.
B. The secretary of environment's covenant not to sue under this section shall be transferable with title to the site.
History: Laws 1997, ch. 38, ยง 8.
Structure New Mexico Statutes
Chapter 74 - Environmental Improvement
Article 4G - Voluntary Remediation
Section 74-4G-1 - Short title.
Section 74-4G-3 - Definitions.
Section 74-4G-4 - Regulations.
Section 74-4G-5 - Application and fee.
Section 74-4G-7 - Certificate of completion.
Section 74-4G-8 - Covenant not to sue.
Section 74-4G-10 - Lender liability.
Section 74-4G-11 - Voluntary remediation fund.
Section 74-4G-11.1 - Brownfields cleanup revolving loan fund.