I
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 com-
mittee concerned
A BILL
To amend the Comprehensive Environmental Response, Com-
pensation, 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Innocent Landowner
Defense Amendment of 1995’’.
SEC. 2. AMENDMENT TO SUPERFUND PERTAINING TO IN-
NOCENT LANDOWNER DEFENSE.
Section 101(35) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9601 et seq.) is amended by redesignating sub-
paragraphs (C) and (D) as subparagraphs (D) and (E),
respectively, and inserting after subparagraph (B) the fol-
lowing:
‘‘(C)(i) A defendant who has acquired real property
shall have established a rebuttable presumption that he
has made all appropriate inquiry within the meaning of
subparagraph (B) if he establishes that, immediately prior
to or at the time of acquisition, he obtained a Phase I
Environmental Audit of the real property which meets the
requirements of this subparagraph.
‘‘(ii) For purposes of this subparagraph, the term
‘environmental professional’ means an individual, or an
entity managed or controlled by such individual who,
through academic training, occupational experience and
reputation (such as engineers, environmental consultants
and attorneys), can objectively conduct one or more as-
pects of a Phase I Environmental Audit. For purposes of
this subparagraph, the term ‘Phase I Environmental
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Audit’ means an investigation of the real property, con-
ducted by environmental professionals, to determine or
discover the obviousness of the presence or likely presence
of a release or threatened release of hazardous substances
on the real property and which consists of a review of each
of the following sources of information concerning the pre-
vious ownership and uses of the real property:
‘‘(I) Recorded chain of title documents regard-
ing the real property, including all deeds, easements,
leases, restrictions, and covenants for a period of 50
years.
‘‘(II) Aerial photographs which may reflect
prior uses of the real property and which are reason-
ably obtainable through State or local government
agencies.
‘‘(III) Determination of the existence of re-
corded environmental cleanup liens against the real
property which have arisen pursuant to Federal,
State, and local statutes.
‘‘(IV) Reasonably obtainable Federal, State,
and local government records of sites or facilities
where there has been a release of hazardous sub-
stances and which are likely to cause or contribute
to a release or threatened release of hazardous sub-
stances on the real property, including investigation
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reports for such sites or facilities; reasonably obtain-
able Federal, State, and local government environ-
mental records of activities likely to cause or con-
tribute to a release or a threatened release of haz-
ardous substances on the real property, including
landfill and other disposal location records, under-
ground storage tank records, hazardous waste han-
dler and generator records and spill reporting
records; and such other reasonably obtainable Fed-
eral, State, and local government environmental
records which report incidents or activities which are
likely to cause or contribute to a release or threat-
ened release of hazardous substances on the real
property. A record is considered to be reasonably ob-
tainable for purposes of this subclause if a copy or
reasonable facsimile of the record is obtainable from
the government agency by request.
‘‘(V) A visual site inspection of the real prop-
erty and all facilities and improvements on the real
property, and a visual inspection of immediately ad-
jacent properties from the real property, including
an investigation of any chemical use, storage, treat-
ment and disposal practices on the property.
‘‘(iii) No presumption shall arise under clause (i) un-
less the defendant has maintained a compilation of the in-