§ 27-1421. Liability limitation.

1. Notwithstanding any other provision of law and except as provided
in subdivision two of this section, after the department has issued a
certificate of completion for a brownfield site, the applicant shall not
be liable to the state upon any statutory or common law cause of action,
arising out of the presence of any contamination in, on or emanating
from the brownfield site that was the subject of such certificate at any
time before the effective date of a brownfield site cleanup agreement
entered into pursuant to this title, except that a participant shall not
receive a release for natural resource damages that may be available
under law.

2. (a) The state nonetheless shall reserve all of its rights
concerning, and such liability limitation shall not extend to, any
further investigation and/or remediation the department deems necessary
due to:

(i) environmental contamination at, on, under, or emanating from the
brownfield site if, in light of such conditions, the site is no longer
protective of public health or the environment; or

(ii) non-compliance with the terms of the agreement, the remedial work
plan and the certificate of completion required by this title; or

(iii) fraud committed by the applicant in its application for or
participation in this program; or

(iv) a written finding by the department that a change in an
environmental standard, factor, or criterion upon which the remedial
work plan or no further action determination was based, renders the
brownfield site remedial program implemented at the site no longer
protective of public health or the environment; or

(v) a change in the brownfield site's use subsequent to the
department's issuance of the certificate of completion unless additional
remediation is undertaken which shall meet the standard for protection
of public health and the environment that applies under this title; or

(vi) following the certificate of completion the failure of an
applicant to make substantial progress toward completion of its proposed
development of the site within five years, or the applicant engages in
unreasonable delay and fails to complete its proposed development of the
site within a reasonable time, considering the size, scope and nature of
the development. Provided however, that this subparagraph shall not
apply in the case where a Track 1 - unrestricted use as provided in
section 27-1415 of this title is achieved.

(b) In the case of a volunteer, subparagraph (v) of paragraph (a) of
this subdivision shall not apply if Track 1-unrestricted use as provided
in section 27-1415 of this title is achieved.

3. The liability limitation provided pursuant to this section shall
run with the land, extending to the applicant's successors or assigns
through acquisition of title to the brownfield site and to a person who
develops or otherwise occupies the brownfield site; provided that such
persons act with due care and in good faith to adhere to the
requirements of the brownfield site cleanup agreement and certificate of
completion. However, such liability limitation does not extend, and
cannot be transferred, to a person who is responsible for the disposal
or the discharge of contaminants on such site according to applicable
principles of statutory or common law liability as of the effective date
of the certification of completion issued pursuant to this title, unless
that person was party to the brownfield site cleanup agreement for the
brownfield site pursuant to this article.

4. The provisions of this title shall not affect an action or a claim,
including a statutory or common law claim for contribution or
indemnification, that an applicant has or may have against a third
party.

5. Nothing in this section shall be construed to affect either the
liability of any person with respect to any costs, damages, or
investigative or remedial activities that are not included in the
brownfield site cleanup agreement or remedial investigation work plan
and/or remedial work plan for the brownfield site or the state's
authority to maintain an action or proceeding against any person who is
not subject to the brownfield site cleanup agreement.

6. A person who has received a liability limitation under this
subdivision shall not be liable for claims for contribution regarding
matters addressed in the brownfield site cleanup agreement except
nothing in this section shall effect the liability of the person
responsible for such person's own acts or omissions causing wrongful
death or personal injury. Such liability limitation does not discharge
any of the persons responsible under law to investigate and remediate
the contamination, but it reduces the potential liability of the others
by the amount of the value associated with the remediation activities
described in the final engineering report.

7. Nothing in this section shall be construed to affect the authority
of the department to reach settlement with other persons consistent with
its authority under applicable law.

8. Nothing in this section shall affect the liability of any person
with respect to any civil action brought by a party other than the
state.

9. In addition to any other powers the department may have, the
department shall have the authority to periodically inspect each
brownfield site to ensure that the use of the property complies with the
terms and conditions of the brownfield site cleanup agreement.