Nevada § 459.930 - Immunity from liability for certain persons for response actions and cleanup with respect to certain real property at which hazardous substance has been or may have been released

§ 459.930. Immunity from liability for certain persons for response actions and cleanup with respect to certain real property at which hazardous substance has been or may have been released

1. Notwithstanding any other provision of law to the contrary and regardless of whether

he or she is a participant in a program, a person who: (a) Is a bona fide prospective purchaser is not liable for any response action or

cleanup that may be required with respect to any real property pursuant to NRS 445A.300 to 445A.730 , inclusive, 445B.100 to 445B.640 , inclusive, 459.400 to 459.600 , inclusive, or any other applicable provision of law. (b) Is an innocent purchaser is not liable for any response action or cleanup that

may be required with respect to any real property pursuant to NRS 445A.300 to 445A.730 , inclusive, 445B.100 to 445B.640 , inclusive, 459.400 to 459.600 , inclusive, or any other applicable provision of law. (c) Owns real property that: (1) Is contiguous to or otherwise similarly situated with respect to; and (2) Is or may be contaminated by a release or threatened release of a hazardous substance

from, other real property that the person does not own, is not liable for any response action

or cleanup that may be required with respect to the release or threatened release,

provided that the person meets the requirements set forth in section 107(q)(1) of

the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. § 9607(q)(1) . 2. A person described in paragraph (a), (b) or (c) of subsection 1 shall report to

the Division, in a manner prescribed by the Commission: (a) Any of the following substances that are found on or at real property owned by

the person: (1) Hazardous substances at or above the required reporting levels designated pursuant

to sections 102 and 103 of the Comprehensive Environmental Response, Compensation,

and Liability Act of 1980, 42 U.S.C. §§ 9602 and 9603 ; and (2) Petroleum products of such type and in such amount as are required by the Division

to be reported; and (b) Any response action or cleanup that has been performed with respect to the real

property described in paragraph (a). 3. The provisions of this section do not otherwise limit the authority of the Administrator,

the Commission or the Division to require any person who is responsible for the contamination

or pollution of real property, by improperly managing hazardous substances at or on

that real property, to perform a response action or cleanup with respect to that real

property. 4. If there are costs relating to a response action or cleanup that are incurred and

unrecovered by the State of Nevada with respect to real property for which a bona

fide prospective purchaser of the real property is not liable pursuant to the provisions

of this section, the State of Nevada: (a) Has a lien against that real property in an amount not to exceed the increase

in the fair market value of the real property that is attributable to the response

action or cleanup, which increase in fair market value must be measured at the time

of the sale or other disposition of the real property; or (b) May, with respect to those incurred and unrecovered costs and by agreement with

the bona fide prospective purchaser of the real property, obtain from that bona fide

prospective purchaser: (1) A lien on any other real property owned by the bona fide prospective purchaser;

or (2) Another form of assurance or payment that is satisfactory to the Administrator. 5. The provisions of this section: (a) Do not affect the liability in tort of any party; and (b) Apply only to real property that is acquired on or after the date that is 60 days

after May 26, 2003. 6. As used in this section: (a) “ Administrator ” means the Administrator of the Division. (b) “ Bona fide prospective purchaser ” has the meaning ascribed to it in section 101(40) of the Comprehensive Environmental

Response, Compensation, and Liability Act of 1980, 42 U.S.C. § 9601(40) . (c) “ Commission ” means the State Environmental Commission. (d) “ Division ” means the Division of Environmental Protection of the State Department of Conservation

and Natural Resources. (e) “ Hazardous substance ” has the meaning ascribed to it in NRS 459.620 . (f) “ Innocent purchaser ” means a person who qualifies for the exemption from liability set forth in section

107(b)(3) of the Comprehensive Environmental Response, Compensation, and Liability

Act of 1980, 42 U.S.C. § 9607(b)(3) . (g) “ Participant ” has the meaning ascribed to it in NRS 459.622 . (h) “ Program ” means a program of voluntary cleanup and relief from liability set forth in NRS 459.610 to 459.658 , inclusive. (i) “ Response action ” means any action to mitigate, attempt to mitigate or assist in the mitigation of

the effects of a leak or spill of or an accident or motor vehicle crash involving

a hazardous substance, including, without limitation, any action to: (1) Contain and dispose of the hazardous substance; (2) Clean and decontaminate the area affected by the leak, spill, accident or crash;

or (3) Investigate the occurrence of the leak, spill, accident or crash.