|(a) A person who is not a responsible person, as that term
is defined in §4.405 of this title (relating to Definitions), at the
time the person applies to participate in a voluntary cleanup does not become
a responsible person solely because the person signs the application or the
voluntary cleanup agreement.
(b) A participant who is not a responsible person at the time
the Commission issues a certificate of completion under §4.440 of this
title (relating to Certificate of Completion and Conditional Certificate of
Completion) is released, as of the date of the certificate, from all liability
to the state for cleanup of contaminants specified in the voluntary cleanup
agreement for areas of the site covered by the certificate, except for releases
and consequences that the participant causes.
(c) The release from liability provided by this subchapter
does not apply to a person who:
(1) caused or contributed to the contamination at the site
covered by the certificate;
(2) acquires a certificate of completion by fraud, misrepresentation,
or knowing failure to disclose material information;
(3) knows at the time the person acquires an interest in the
site for which the certificate of completion was issued that the certificate
was acquired by fraud, misrepresentation, or knowing failure to disclose material
(4) changes the land use from the use specified in the certificate
of completion if the new use may result in increased risks to human health
or the environment.