‘‘(3) MAINTENANCE
OF
INFORMATION.—No
presumption shall arise under paragraph (1) unless
the defendant has maintained a compilation of the
information reviewed and gathered in the course of
the environmental site assessment.
‘‘(4) DEFINITION
OF
CONTAMINATION.—For
the purposes of this subsection and section 101(35),
the term ‘contamination’ means an existing release,
a past release, or the material threat of a release of
a hazardous substance, other than de minimis condi-
tions that generally do not present a material risk
of harm to public health or welfare or the environ-
ment.’’.
(b) CROSS REFERENCE.—Section 101(35)(B) (42
U.S.C. 9601(35)(B)) is amended by inserting after ‘‘all
appropriate inquiry’’ the following: ‘‘(as specified in sec-
tion 107(n))’’.
SEC. 8. BONA FIDE PROSPECTIVE PURCHASER LIABILITY.
Section 107 of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42
U.S.C. 9607) is amended by after subsection (n) the fol-
lowing new subsections:
‘‘(o) BONA FIDE PROSPECTIVE PURCHASER.—(1)
Notwithstanding paragraphs (1) through (4) of subsection
(a), a person who does not impede the performance of a
response action or natural resource restoration at a facil-
ity shall not be liable to the extent liability at such facility
is based solely on paragraph (1) of subsection (a) for a
release or threat of release from the facility, and the per-
son is a bona fide prospective purchaser of the facility.
‘‘(2) For purposes of this subsection, the term ‘bona
fide prospective purchaser’ means a person who acquires
ownership of a facility after the date of enactment of this
subsection, or a tenant of such a person, who can establish
each of the following by a preponderance of the evidence:
‘‘(A) All active disposal of hazardous substances
at the facility occurred before that person acquired
the facility.
‘‘(B) The person made all appropriate inquiry
into the previous ownership and uses of the facility
and its real property in accordance with generally
accepted commercial and customary standards and
practices. Standards described in section 107(n)(2)
(relating to innocent landowners) shall satisfy the
requirements of this subparagraph. In the case of
property for residential or other similar use, pur-
chased by a nongovernmental or noncommercial en-
tity, a site inspection and title search that reveal no
basis for further investigation satisfy the require-
ments of this subparagraph.
‘‘(C) The person provided all legally required
notices with respect to the discovery or release of
any hazardous substances at the facility.
‘‘(D) The person exercised appropriate care
with respect to hazardous substances found at the
facility by taking reasonable steps to stop on-going
releases, prevent threatened future releases of haz-
ardous substances, and prevent or limit human or
natural resource exposure to hazardous substances
previously released into the environment.
‘‘(E) The person provides full cooperation, as-
sistance, and facility access to persons authorized to
conduct response actions at the facility, including
the cooperation and access necessary for the installa-
tion, integrity, operation, and maintenance of any
complete or partial response action at the facility.
‘‘(F) The person is not affiliated with any other
person liable for response costs at the facility,
through any direct or indirect familial relationship,
or any contractual, corporate, or financial relation-
ship other than that created by the instruments by
which title to the facility is conveyed or financed.
‘‘(p) PROSPECTIVE
PURCHASER
AND
WINDFALL
LIEN.—(1) In any case in which there are unrecovered
response costs at a facility for which an owner of the facil-
ity is not liable by reason of section 107(o), and the condi-
tions described in paragraph (2) are met, the United
States shall have a lien upon such facility for such unre-
covered costs. Such lien—
‘‘(A) shall not exceed the increase in fair mar-
ket value of the property attributable to the response
action at the time of a subsequent sale or other dis-
position of property;
‘‘(B) shall arise at the time costs are first in-
curred by the United States with respect to a re-
sponse action at the facility;
‘‘(C) shall be subject to the requirements for
notice and validity established in paragraph (3) of
subsection (l); and
‘‘(D) shall continue until the earlier of satisfac-
tion of the lien or recovery of all response costs in-
curred at the facility.
‘‘(2) The conditions referred to in paragraph (1) are
the following:
‘‘(A) A response action for which there are un-
recovered costs is carried out at the facility.
‘‘(B) Such response action increases the fair
market value of the facility above the fair market
value of the facility that existed within 6 months be-
fore the response action was taken.
‘‘(3) No lien under this section shall arise—
‘‘(A) with respect to property for which the
property owner preceding the first bona fide pro-
spective purchaser is not a liable party or has re-
solved its liability under this Act, or
‘‘(B) where an environmental assessment gives
the bona fide prospective purchaser no knowledge or
reason to know of the release of hazardous sub-
stances.’’.
SEC. 9. CONTIGUOUS PROPERTIES.
Section 107 of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42
U.S.C. 9607) is further amended by adding at the end
the following new subsection:
‘‘(q) CONTIGUOUS PROPERTIES.—A person (other
than the United States or a department, agency, or instru-
mentality of the United States) who owns or operates real
property that is contiguous to or otherwise similarly situ-
ated with respect to real property on which there has been
a release or threatened release of a hazardous substance
and that is or may be contaminated by such release shall
not be liable under subsection (a)(1) or (2) by reason of
such ownership or operation solely by reason of such con-
tamination if such person—
‘‘(A) did not cause, contribute, or consent to
the release or threatened release; and
‘‘(B) provides full cooperation, assistance, and
facility access to persons authorized to conduct re-
sponse actions at the facility.
The President may issue an assurance of no enforcement
action under this Act to any such person and may grant
any such person protection against cost recovery and con-
tribution actions pursuant to section 113(f)(2). Such per-
son may also petition the President to exclude from the
description of a National Priorities List site such contig-
uous real property, if such property is or may be contami-
nated solely by ground water that flows under such prop-
erty and is not used as a source of drinking water. The
President may grant such a petition pursuant to such pro-
cedures as he deems appropriate.’’.
Æ