Nothing in this chapter shall prohibit the secretary of environment from rescinding a certificate of completion or a covenant not to sue if the department determines that:
A. contamination addressed in the agreement is, with reasonable evidence, an unreasonable threat to human health or the environment;
B. the voluntary remediation agreement was performed in a manner that fails to comply substantially with the terms and conditions of the agreement or voluntary remediation work plan;
C. the voluntary remediation agreement is a result of fraud; or
D. contamination was present at the site at the time the voluntary remediation agreement was signed but the department did not know of the type, extent or magnitude of the contaminants.
History: Laws 1997, ch. 38, ยง 9.
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.