New Mexico § 74-4G-9 Recision

New Mexico Statutes

§ 74-4G-9 — Recision

New Mexico § 74-4G-9

Ch. 74Environmental Improvement

Art. 4GVoluntary Remediation

This text of New Mexico § 74-4G-9 (Recision) is published on Counsel Stack Legal Research, covering New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.M. Stat. Ann. § 74-4G-9 (2026).

Text

Nothing in this chapter shall prohibit the secretary of environment from rescinding a certificate of completion or a covenant not to sue if the department determines that: A. contamination addressed in the agreement is, with reasonable evidence, an unreasonable threat to human health or the environment; B. the voluntary remediation agreement was performed in a manner that fails to comply substantially with the terms and conditions of the agreement or voluntary remediation work plan; C. the voluntary remediation agreement is a result of fraud; or D. contamination was present at the site at the time the voluntary remediation agreement was signed but the department did not know of the type, extent or magnitude of the contaminants.

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Nothing in this chapter shall prohibit the secretary of environment from rescinding a certificate of completion or a covenant not to sue if the department determines that: A. contamination addressed in the agreement is, with reasonable evidence, an unreasonable threat to human health or the environment; B. the voluntary remediation agreement was performed in a manner that fails to comply substantially with the terms and conditions of the agreement or voluntary remediation work plan; C. the voluntary remediation agreement is a result of fraud; or D. contamination was present at the site at the time the voluntary remediation agreement was signed but the department did not know of the type, extent or magnitude of the contaminants.