141-E:23 Disclosure. –
I. Prior to the execution of any contract for the purchase and sale of any interest in real property which includes an asbestos disposal site, the seller shall disclose the following information to the buyer:
(a) The nature and extent of the asbestos waste disposed of on the property, to the extent known at the time of transfer;
(b) The existence of any outstanding obligations pertaining to compliance with the requirements of this chapter;
(c) The existence of any activity and property use restrictions;
(d) The existence and location of all known records pertaining to asbestos disposal conditions at the site.
II. Within 10 days following title transfer of an asbestos disposal site, the former property owner shall notify the commissioner of such transfer in writing.
III. The following information shall be disclosed by the owner to any person who uses, occupies, or will likely disturb asbestos at an asbestos disposal site, such as a tenant or contractor:
(a) The presence of asbestos waste, including the location and depth of cover, to the extent known; and
(b) The need to comply with the requirements of this chapter, including activity and property use restrictions as applicable.
IV. Pursuant to 40 CFR 61.151(e), any owner of an asbestos disposal site shall record in the property chain of title at the registry of deeds for the county in which the property is located, notice of the following:
(a) That the property has been used for the disposal of asbestos waste;
(b) That the survey plot and record of the location and quantity of asbestos waste disposed of within the disposal site required in 40 CFR 61.154(f) have been filed with the commissioner; and
(c) That the site is subject to 40 CFR part 61, subpart M.