New Mexico Statutes 74-4G-9. Recision
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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:
Terms Used In New Mexico Statutes 74-4G-9
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
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.