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104TH CONGRESS

1ST SESSION H. R. 1285

To amend the Comprehensive Environmental Response, Compensation, and

Liability Act of 1980 to provide a specific definition of the requirement

that a purchaser of real property make all appropriate inquiry into

the previous ownership and uses of the real property in order to qualify

for the ‘‘innocent landowner’’ defense.

IN THE HOUSE OF REPRESENTATIVES

MARCH 21, 1995

Mr. WELDON of Pennsylvania (for himself and Mr. UPTON) introduced the

following bill; which was referred to the Committee on Commerce, and

in addition to the Committee on Transportation and Infrastructure, for

a period to be subsequently determined by the Speaker, in each case for

consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to provide a specific

definition of the requirement that a purchaser of real

property make all appropriate inquiry into the previous

ownership and uses of the real property in order to

qualify for the ‘‘innocent landowner’’ defense.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Innocent Landowner

3 Defense Amendment of 1995’’.

4 SEC. 2. AMENDMENT TO SUPERFUND PERTAINING TO IN5 NOCENT LANDOWNER DEFENSE.

6 Section 101(35) of the Comprehensive Environmental

7 Response, Compensation, and Liability Act of 1980 (42

8 U.S.C. 9601 et seq.) is amended by redesignating sub9 paragraphs (C) and (D) as subparagraphs (D) and (E),

10 respectively, and inserting after subparagraph (B) the fol11 lowing:

12 ‘‘(C)(i) A defendant who has acquired real property

13 shall have established a rebuttable presumption that he

14 has made all appropriate inquiry within the meaning of

15 subparagraph (B) if he establishes that, immediately prior

16 to or at the time of acquisition, he obtained a Phase I

17 Environmental Audit of the real property which meets the

18 requirements of this subparagraph.

19 ‘‘(ii) For purposes of this subparagraph, the term

20 ‘environmental professional’ means an individual, or an

21 entity managed or controlled by such individual who,

22 through academic training, occupational experience and

23 reputation (such as engineers, environmental consultants

24 and attorneys), can objectively conduct one or more as25 pects of a Phase I Environmental Audit. For purposes of

26 this subparagraph, the term ‘Phase I Environmental
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1 Audit’ means an investigation of the real property, con2 ducted by environmental professionals, to determine or

3 discover the obviousness of the presence or likely presence

4 of a release or threatened release of hazardous substances

5 on the real property and which consists of a review of each

6 of the following sources of information concerning the pre7 vious ownership and uses of the real property:

8 ‘‘(I) Recorded chain of title documents regard9 ing the real property, including all deeds, easements,

10 leases, restrictions, and covenants for a period of 50

11 years.

12 ‘‘(II) Aerial photographs which may reflect

13 prior uses of the real property and which are reason14 ably obtainable through State or local government

15 agencies.

16 ‘‘(III) Determination of the existence of re17 corded environmental cleanup liens against the real

18 property which have arisen pursuant to Federal,

19 State, and local statutes.

20 ‘‘(IV) Reasonably obtainable Federal, State,

21 and local government records of sites or facilities

22 where there has been a release of hazardous sub23 stances and which are likely to cause or contribute

24 to a release or threatened release of hazardous sub25 stances on the real property, including investigation
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1 reports for such sites or facilities; reasonably obtain2 able Federal, State, and local government environ3 mental records of activities likely to cause or con4 tribute to a release or a threatened release of haz5 ardous substances on the real property, including

6 landfill and other disposal location records, under7 ground storage tank records, hazardous waste han8 dler and generator records and spill reporting

9 records; and such other reasonably obtainable Fed10 eral, State, and local government environmental

11 records which report incidents or activities which are

12 likely to cause or contribute to a release or threat13 ened release of hazardous substances on the real

14 property. A record is considered to be reasonably ob15 tainable for purposes of this subclause if a copy or

16 reasonable facsimile of the record is obtainable from

17 the government agency by request.

18 ‘‘(V) A visual site inspection of the real prop19 erty and all facilities and improvements on the real

20 property, and a visual inspection of immediately ad21 jacent properties from the real property, including

22 an investigation of any chemical use, storage, treat23 ment and disposal practices on the property.

24 ‘‘(iii) No presumption shall arise under clause (i) un25 less the defendant has maintained a compilation of the in-
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1 formation reviewed in the course of the Phase I Environ2 mental Audit.

3 ‘‘(iv) Notwithstanding any other provision of this

4 paragraph, if the Phase I Environmental Audit discloses

5 the presence or likely presence of a release or threatened

6 release of hazardous substances on the real property to

7 be acquired, no presumption shall arise under clause (i)

8 with respect to such release or threatened release unless

9 the defendant has taken reasonable steps, in accordance

10 with current technology available, existing regulations,

11 and generally acceptable engineering practices, as may be

12 necessary to confirm the absence of such release or threat13 ened release.’’.

14 SEC. 3. EFFECTIVE DATE.

15 Subparagraph (C) of section 101(35) of the Com16 prehensive Environmental Response, Compensation, and

17 Liability Act of 1980, as added by section 2, shall take

18 effect on the date of the enactment of this Act.

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