New Jersey § 58:10b-13

§ 58:10b-13.

a. After a licensed site remediation professional issues a response action outcome

to the person responsible for conducting the remediation, the person shall be deemed,

by operation of law, to have received a covenant not to sue with respect to the real

property upon which the remediation has been conducted. The covenant not to sue shall be subject to any conditions and limitations contained

in the response action outcome. The covenant not to sue shall be for any area of concern remediated and may apply

to the entire real property if the remediation included a preliminary assessment and,

if necessary, a site investigation of the entire real property, and any other necessary

remedial actions. The covenant remains effective only for as long as the real property for which the

covenant was deemed to have been issued continues to meet the conditions of the response

action outcome. Upon a finding by the department that real property or a portion thereof to which

a covenant not to sue pertains, no longer meets with the conditions of the response

action outcome, the department shall provide notice of that fact to the person responsible

for maintaining compliance with the response action outcome. The department may allow the person a reasonable time to come into compliance with

the terms of the original response action outcome. If the property does not meet the conditions of the response action outcome and

if the department does not allow for a period of time to come into compliance or if

the person fails to come into compliance within the time period, the covenant not

to sue shall be deemed to be revoked by operation of law. Except as provided in subsection e. of this section, a covenant not to sue shall by

operation of law provide for the following, as applicable: (1) a provision releasing the person who undertook the remediation from all civil

liability to the State to perform any additional remediation, to pay compensation

for damage to, or loss of, natural resources, for the restoration of natural resources

in connection with the discharge on the property or for any cleanup and removal costs; (2) for a remediation that involves the use of engineering or institutional controls: (a) a provision requiring the person, or any subsequent owner, lessee, or operator

during the person's period of ownership, tenancy, or operation, to maintain those

controls, conduct periodic monitoring for compliance, and submit to the department,

on a biennial basis, a certification that the engineering and institutional controls

are being properly maintained and continue to be protective of public health and safety

and of the environment. The certification shall state the underlying facts and shall include the results

of any tests or procedures performed that support the certification; and (b) a provision that the covenant is revoked by operation of law if the engineering

or institutional controls are not being maintained or are no longer in place; and (3) for a remediation that involves the use of engineering controls but not for any

remediation that involves the use of institutional controls only, a provision barring

the person or persons whom the covenant not to sue benefits, from making a claim against

the New Jersey Spill Compensation Fund and the Sanitary Landfill Facility Contingency

Fund for any costs or damages relating to the real property and remediation covered

by the covenant not to sue. The covenant not to sue shall not bar a claim by any person against the New Jersey

Spill Compensation Fund and the Sanitary Landfill Contingency Fund for any remediation

that involves only the use of institutional controls if, after a valid response action

outcome has been issued, the department orders additional remediation, except that

the covenant shall bar such a claim if the department ordered additional remediation

in order to remove the institutional control. b. The covenant not to sue shall apply to all successors in ownership of the property

and to all persons who lease the property or who engage in operations on the property. c. If a covenant not to sue is revoked, liability for any additional remediation shall

not be applied retroactively to any person for whom the covenant remained in effect

during that person's ownership, tenancy, or operation of the property. d. A covenant not to sue and the protections it affords shall not apply to any discharge

that occurs subsequent to the issuance of the response action outcome which was the

basis of the issuance of the covenant, nor shall a covenant not to sue and the protections

it affords relieve any person of the obligations to comply in the future with laws,

rules and regulations. e. The covenant not to sue shall be deemed to apply to any person who obtains a response

action outcome as provided in subsection a. of this section. The covenant not to sue shall not provide relief from any liability, either under

statutory or common law, to any person who is liable for cleanup and removal costs

pursuant to subsection c. of section 8 of P.L.1976, c. 141 ( C.58:10-23.11g ), and who does not have a defense to liability pursuant to subsection d. of that

section.