Page:United States Statutes at Large Volume 106 Part 3.djvu/381
PUBLIC LAW 102-426—OCT. 19, 1992 106 STAT. 2175 SEC. 3. REQUIREMENT FOR IDENTIFICATION OF LAND ON WmCH NO HAZARDOUS SUBSTANCES OR PETROLEUM PRODUCTS OR THEIR DERIVATIVES WERE STORED, RELEASED, OR DISPOSED OF. Section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 962001)) is amended by adding at the end the following new paragraph: "(4) IDENTIFICATION OF UNCONTAMINATED PROPERTY. —(A) In the case of real property to which this paragraph applies (as set forth in subparap;raph (E)), the head of the department, agency, or instnmientality of the United States with jurisdiction over the property shall identify the real property on which no hazardous substances and no petroleum products or tiieir derivatives were stored for one year or more, known to have been released, or disposed of. Sucn identification shall be based on an investigation of the real property to determine or discover the obviousness of the presence or likely presence of a release or threatened release of any hazardous substance or any petroleimi product or its derivatives, including aviation fuel and motor oil, on the real property. The identification shall consist, at a minimum, of a review of each of the following sources of information concerning the current and previous uses of the real property: "(i) A detailed search of Federal Government records pertaining to the property.
- '(ii) Recorded chain of title documents regarding the
real property. (iii) Aerial photographs that may reflect prior uses of the real property and that are reasonably obtainable through State or local government agencies. "Uv) A visual inspection of the real property and any buildings, structures, equipment, pipe, pipeline, or other improvements on the real property, and a visual inspection of properties immediately acgacent to the real property. " (v) A physical inspection of property adjacent to the real property, to the extent permitted by owners or operators of such property. "(vi) Reasonably obtainable Federal, State, and local government records of each adjacent facility where there as been a release of any hazardous substance or any petroleiun product or its derivatives, including aviation fuel and motor oil, and which is likely to cause or contribute to a release or threatened release of any hazardous substance or any petroleum product or ite derivatives, including aviation fuel and motor oil, on the real property. "(vii) Interviews with current or former employees involved in operations on the real property. Such identification shall also be based on sampling, if appropriate under the circumstances. The results of the identification Public shall be provided immediately to the Administrator and State TMfonnationand local government officials and made available to the public. "(B) The identification required under subparagraph (A) is not complete luitil concurrence in the results of the identification is obtained, in the case of real property that is part of a facility on the National Priorities List, from the Administrator, or, in the case of real property that is not part of a facility on the National Priorities List, from the appropriate�