NRS 459.644 Effect of certificate of completion: Applicability to persons other than original holder.

274 words·~1 min read·/nv/chapter-459-hazardous-materials/459-644

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. The relief from liability provided by NRS 459.640 extends to another person who:

(a)Purchases or leases the property to which the certificate of completion relates; or

(b)Acquires, merges with or purchases substantially all of the assets of the holder of the certificate,

Ê after the certificate is issued, if the other person is not otherwise a responsible party. The other person is subject to any duties of the original holder of the certificate under the remedial agreement or the certificate.

2. The relief provided to a subsequent owner or lessee continues even if it is determined that the original holder of the certificate is not released from liability because of a provision of NRS 459.642 if:

(a)The subsequent owner or lessee purchased or leased the property in good faith for its fair market value; and

(b)The actions of the original holder of the certificate cannot be attributed to the subsequent owner or lessee under a provision of law other than this chapter.

3. If the original holder of a certificate of completion is a prospective purchaser, the relief from liability provided by NRS 459.640 extends to the person from whom he or she purchases the property if:

(a)The seller and purchaser so agree;

(b)The seller bears the expense of removal or remediation performed on the property, directly or indirectly;

(c)The seller is a responsible party only because of his or her ownership of the property; and

(d)The Administrator approves the extension of relief and incorporates it into the certificate of completion.