SEC. 49-35-23 Restrictions on effect of act.
This act shall not:
(a) Affect the authority of local governments to regulate land use under applicable statutes. The use or uses of the brownfield agreement site and any land-use restrictions or engineering controls in the brownfield agreement shall be consistent with local land-use regulations adopted under applicable statutes;
(b) Amend, modify, repeal, or otherwise alter any provision of law available to the commission relating to enforcement of violations of federal or state law within its jurisdiction, including civil and criminal penalties;
(c) Prevent or impede the immediate response of the department or responsible party to an emergency that involves an imminent or actual release of a contaminant that threatens public health or the environment;
(d) Relieve a person receiving liability protection under this section from any liability for environmental contamination later caused or made worse by that person on or under a brownfield agreement site;
(e) Affect the right of any person who may have liability with respect to the brownfield agreement site to seek contribution from any other person who may have liability with respect to the brownfield agreement site and who does not have liability protection under this act;
(f) Prevent the commission from enforcing specific numerical remediation standards, monitoring, or compliance requirements specifically required by the federal government to be enforced as a condition for the department to receive or maintain program authorization, delegation, primacy, or federal funds;
(g) Create a defense against the imposition of criminal and civil penalties or other administrative enforcement remedies authorized by law and imposed as the result of the illegal disposal of solid waste or a regulated substance or for the pollution of the land, air, or waters of this state on or under a brownfield agreement site;
(h) Relieve a person of any liability for failure to exercise due diligence and reasonable care in performing an environmental assessment; or
(i) Create or convey any real or personal property rights, tangible or intangible, to any person.
Source: Laws, 1998, Ch. 528, § 12, SB 2989, eff July 1, 1998.