The holder of a certificate of completion is not released from liability:
1. If the holder obtained approval of his or her application, approval of his or her remedial agreement or issuance of the certificate by means of fraud, misrepresentation or a knowing failure to disclose material information;
2. If the existence of the hazardous substance on the property was not disclosed in his or her remedial agreement, whether or not the holder knew or should have known of its existence;
3. With respect to a release of a hazardous substance caused by the holder or his or her agent, unless the release is remedied before the certificate of completion is issued and is included in the certificate of completion;
4. In a criminal prosecution or an action for damage to a natural resource;
5. In an action for nuisance at common law, for trespass or for the conduct of an abnormally dangerous activity;
6. With respect to a use of the property for which the property is no longer suitable after the removal or remediation has been carried out, as identified pursuant to subparagraph (2) of paragraph (a) of subsection 2 of NRS 459.636; or
7. For a release of any hazardous substance not specified in the remedial agreement.
(Added to NRS by 1999, 2692)
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