context otherwise requires, the words and terms defined in sections 3 to

11, inclusive, of this act have the meanings ascribed to them in those

sections.

the state department of conservation and natural resources.

that:

(a) Listed, proposed for listing or eligible for listing on the National

Priorities List contained in Appendix B of Part 300 of Title 40 of the

Code of Federal Regulations; and

(b) Owned, managed or controlled by a person or governmental entity

subject to a pending investigation or ongoing enforcement action of the

Federal Government pursuant to the Federal Resource Conservation and

Recovery Act, 42 U.S.C. §§ 6901 et seq., or the Comprehensive

Environmental Response, Compensation, and Liability Act, 42 U.S.C. §§

9601 et seq.;

entity subject to a pending investigation or ongoing enforcement action

of the division with respect to that real property; and

substance.

of substances whose presence gives rise to liability or potential liability on

the part of an owner or operator pursuant to NRS 459.537 or 42 U.S.C. §

9607(a).

participate in the program has been approved by the administrator.

pursuant to sections 2 to 23, inclusive, of this act.

responsible party and who has entered into a contract, or holds an

option, to purchase an eligible property for its fair market value in a

transaction at arm’s length.

participant and the division specifying the action to be taken to remove or

remedy hazardous substances present on an eligible property.

caused or contributed to the release of a hazardous substance at the site

or facility; and

or contributed to the release of the hazardous substance at a site or

facility.

or a prospective purchaser of an eligible property may apply to

participate in the program. The application must be made to the

administrator in writing and must include:

(a) An environmental assessment of the property, including the

source, nature and location of all hazardous substances known to, or

reasonably believed by, the applicant to be located on the property;

property; and

to the regulations adopted by the commission pursuant to section 22.5 of

this act.

pursuant to subsection 1 within 60 days after its submission, unless for

good cause he extends the period for not more than an additional 30

days. Notice of an extension must be delivered to the applicant before the

expiration of the original period for processing the application.

applicant, within 30 days after the denial, a written explanation of the

reasons for denial.

submit a remedial agreement to the administrator for his approval.

(1) Provides for the recovery by the division of all direct and

indirect costs, in excess of the application fee, of overseeing and

supervising the removal or remediation of the hazardous substance or

substances on the property;

property, the actions to be taken and the standards to be met with respect

to removal or remediation, and the uses for which the property will not

be suitable after the removal or remediation is carried out; and

(3) Includes a grant to the administrator of an irrevocable easement

or right of entry onto the property to oversee and observe the work during

and after the removal or remediation;

(b) The removal or remediation of the hazardous substance or

substances will:

(1) Restore the property to the condition to which it would be

restored if the division caused action to be taken pursuant to NRS

459.537;

release of a hazardous substance on the property;

commission pursuant to section 22.5 of this act; and

or remediation of the hazardous substance or substances.

administrator shall not approve a remedial agreement unless the owner

first agrees to the terms of the agreement.

(a) Publish a notice and brief summary of the agreement in a

newspaper of general circulation in the county where the property is

located;

responsible parties known to him and to all owners and residents of

property within 500 yards of the outer boundary of the property on which

the work is to be performed;

.

he shall deliver to the participant, within 30 days after the disapproval, a

written explanation of the reasons for the disapproval.

his remedial agreement for the removal or remediation of hazardous

substances, the participant shall certify to the administrator that the

action has been completed according to the agreement. After the

administrator has verified the certification, he shall issue the participant

a certificate of completion.

relieved from liability by the certificate and the legal description of the

property to which it relates;

the property, and the nature of the relief provided by sections 2 to 23,

inclusive, of this act; and

recorder of the county where the real property is located, and indexed to

show its relation to that real property.

receiving the participant’s certification that the work has been completed,

he shall deliver to the participant, within 30 days after his receipt of the

certificate, a written explanation of the reasons why the certificate was

not issued.

the holder of a certificate of completion issued by the administrator is not

a responsible party with respect to a release of a hazardous substance

occurring on the property to which the certificate relates before the

certificate was issued. The state may not maintain an action pursuant to

federal law or NRS 459.537 to recover costs from the holder with respect

to such a release.

2. The relief from liability provided by a certificate of completion

remains effective despite a subsequent change in state or federal law.

from liability:

remedial agreement or issuance of the certificate by means of fraud,

misrepresentation or a knowing failure to disclose material information;

not disclosed in his remedial agreement, whether or not he knew or

should have known of its existence;

or his agent, unless the release is remedied before the certificate of

completion is issued and is included in the certificate of completion;

resource;

conduct of an abnormally dangerous activity;

longer suitable after the removal or remediation has been carried out, as

identified pursuant to subparagraph (2) of paragraph (a) of subsection 2

of section 13 of this act; or

7. For a release of any hazardous substance not specified in the

remedial agreement.

act extends to another person who:

completion relates; or

(b) Acquires, merges with or purchases substantially all of the assets

of the holder of the certificate,

after the certificate is issued, if the other person is not otherwise a

responsible party. The other person is subject to any duties of the original

holder of the certificate under the remedial agreement or the certificate.

2. The relief provided to a subsequent owner or lessee continues even

if it is determined that the original holder of the certificate is not released

from liability because of a provision of section 16 of this act if:

(a) The subsequent owner or lessee purchased or leased the property

in good faith for its fair market value; and

(b) The actions of the original holder of the certificate cannot be

attributed to the subsequent owner or lessee under a provision of law

other than this chapter.

3. If the original holder of a certificate of completion is a prospective

purchaser, the relief from liability provided by section 15 of this act

extends to the person from whom he purchases the property if:

(a) The seller and purchaser so agree;

(b) The seller bears the expense of removal or remediation performed

on the property, directly or indirectly;

(c) The seller is a responsible party only because of his ownership of

the property; and

(d) The administrator approves the extension of relief and

incorporates it into the certificate of completion.

of a parcel of real property, holds or is the beneficiary of evidence of title

to the property primarily to protect a security interest in the property is

not a responsible party with respect to a release of a hazardous substance

on the property if:

(a) The owner of the property is relieved from liability under sections

2 to 23, inclusive, of this act with respect to the release;

(b) The owner or holder of evidence of title did not cause the release;

and

(c) The owner or holder of evidence of title does not participate

actively in decisions concerning hazardous substances on the property.

2. A lender to a prospective purchaser who has filed an application

to participate in the program pursuant to section 12 of this act or a

lender who forecloses his security interest in property pursuant to NRS

40.430 to 40.450, inclusive, or 107.080 to 107.100, inclusive, and within a

reasonable period after the foreclosure, not to exceed 2 years, sells,

transfers or conveys the property to a prospective purchaser who has filed

an application to participate in the program pursuant to section 12 of this

act is not a responsible party solely as a result of:

(1) Is to be used for acquiring property or removing or remediating

hazardous substances on property; and

(2) Is secured by the property that is to be acquired or on which is

located the hazardous substances that are to be removed or remediated.

the result of:

1. Conducting an environmental assessment of real property;

2. Contracting to purchase, or acquiring an option to purchase, real

property;

3. Applying to participate in a program; or

4. Conducting or supervising removal or remediation of a hazardous

substance or substances, while exercising reasonable care, pursuant to

an approved remedial agreement.

an action against a responsible party to recover the holder’s costs of

performing removal or remediation of a hazardous substance or

substances pursuant to a program.

relief from liability pursuant to section 17 of this act, the seller may

maintain an action against a responsible party to recover the seller’s

costs of performing removal or remediation of a hazardous substance or

substances pursuant to a program.

program upon 30 days’ written notice to the administrator.

in a program only if:

unlikely to be able to propose a remedial agreement that meets the

requirements of section 13 of this act;

the remedial agreement or sections 2 to 23, inclusive, of this act; or

remedial agreement was approved, he determines that the removal or

remediation in progress or to be performed on the property poses an

imminent and substantial threat of harm to human health or the

environment.

not an admission of liability on the part of the applicant or participant,

but a termination of participation does not otherwise affect the rights of

the division.

application or a remedial agreement or to issue a certificate of

completion is final and may not be reviewed.

than incompleteness, disapproves a proposed remedial agreement, does

not issue a certificate of completion within the time allowed or terminates

the participation of a participant in a program, the applicant or

participant may apply to the commission to review the decision pursuant

to chapter 233B of NRS.

commission determines are necessary to carry out the provisions of

sections 2 to 23, inclusive, of this act. Regulations adopted pursuant to

this section:

1. Must include, without limitation, provisions relating to the:

(a) Duties and functions of consultants who are certified, or exempt

from the requirement of certification, as provided by NRS 459.500;

(b) Financial capability and responsibility required of a participant;

and

(c) Required form and content of and any fee required to be submitted

with an application, certificate or remedial agreement.

negotiate with the Environmental Protection Agency to ensure that a

certificate of completion issued pursuant to sections 2 to 23, inclusive, of

this act will relieve a participant from liability to the United States to the

same extent as those sections provide relief from liability to this state.