Current through the 2024 legislative session
Section 35-11-1802 - Immunity for innocent owners(a) An innocent owner is not liable for investigation, monitoring, remediation or other response action regarding contamination attributable to a release, discharge or migration of contaminants on his property. (b) To be eligible for immunity under this act, a person shall: (i) Grant to the department or to a person designated by the department, reasonable access to the land for purposes of investigation, monitoring or remediation; (ii) Comply with any requirements established by the department that are necessary to maintain state authorization to implement federal regulatory programs; (iii) Not use the real property in a manner that causes exposure of the public to harmful environmental conditions; and (iv) Comply with any engineering or institutional controls applicable to the real property.