§ 23-19.14-7.1. Remedial agreements.
In addition to exemption from liability provided for in § 23-19.14-7, for sites on which a remedial decision letter has been issued, the state may enter into a remedial agreement that includes a covenant not to sue and contribution protection and that describes the agreed remedial actions and shall be assignable as therein provided. Whenever the state has entered into a remedial agreement under this section, the liability to the state under this chapter of each party to the agreement including any future liability to the state, arising from the release or threatened release that is the subject of the agreement shall be limited as provided in the agreement pursuant to a covenant not 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 a responsible party under § 23-19.14-6. The covenant not to sue may provide that future liability to the state of a person who is under the remedial agreement may be limited to the same proportion as that established in the original agreement. A remedial agreement shall be distinct from a letter of compliance, and the absence of a remedial agreement shall not affect or compromise exemption to liability provided for in § 23-19.14-7.
History of Section.P.L. 2006, ch. 250, § 2; P.L. 2006, ch. 275, § 2; P.L. 2021, ch. 147, § 7, effective July 3, 2021; P.L. 2021, ch. 148, § 7, effective July 3, 2021.
Structure Rhode Island General Laws
Chapter 23-19.14 - Industrial Property Remediation and Reuse Act
Section 23-19.14-1. - Legislative findings.
Section 23-19.14-2. - Declaration of policy.
Section 23-19.14-3. - Definitions.
Section 23-19.14-4. - Objectives of environmental clean-up.
Section 23-19.14-5. - Environmental equity and public participation.
Section 23-19.14-5.1. - Brownfields program and continuous improvement.
Section 23-19.14-5.2. - Entry of registered professional engineers onto certain property.
Section 23-19.14-6. - Liability for releases of hazardous materials.
Section 23-19.14-6.1. - Liability for releases of petroleum.
Section 23-19.14-7. - Exemptions to liability.
Section 23-19.14-7.1. - Remedial agreements.
Section 23-19.14-8. - Voluntary investigations and remedial actions.
Section 23-19.14-9. - Priority sites for economic development.
Section 23-19.14-10. - Settlement authorities.
Section 23-19.14-11. - Filing and public comment on settlement agreements.
Section 23-19.14-12. - Protection from contribution actions.
Section 23-19.14-13. - Authority to recover costs.
Section 23-19.14-14. - Windfall liens.
Section 23-19.14-15. - Notice and validity of liens.
Section 23-19.14-16. - Penalties for noncompliance.
Section 23-19.14-17. - Subrogation of authorities.