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.
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