Nevada Administrative Code
Chapter 459 - Hazardous Materials
FUND FOR BROWNFIELD PROJECTS
Miscellaneous Provisions
Section 459.99939 - Liability of certain bona fide prospective purchasers or innocent purchasers for response actions or cleanup of site

Universal Citation: NV Admin Code 459.99939

Current through September 16, 2024

1. A person who, as a bona fide prospective purchaser or an innocent purchaser, is not liable for response actions or cleanup of a site pursuant to NRS 459.930 does not become liable for response actions or cleanup at the site solely because the person applied for or received financial assistance from the Fund.

2. The Division may, pursuant to subsection 4 of NRS 459.930, seek to recover costs relating to a response action or cleanup that are incurred and unrecovered by the State of Nevada with respect to a brownfield site for which a subgrant has been made to a bona fide prospective purchaser of the brownfield site if:

(a) The bona fide prospective purchaser intends to dispose of the property for private development upon completion of the environmental cleanup; and

(b) The Division determines that the recovery of such costs is in the best interest of the continued operation of the Fund.

3. All money recovered pursuant to subsection 2 must be deposited in the Fund.

4. For the purposes of this section:

(a) "Bona fide prospective purchaser" has the meaning ascribed to it in NRS 459.930.

(b) "Innocent purchaser" has the meaning ascribed to it in NRS 459.930.

Added to NAC by Environmental Comm'n by R084-04, eff. 10-8-2004

NRS 459.892

Disclaimer: These regulations may not be the most recent version. Nevada may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.