Page:United States Statutes at Large Volume 115 Part 3.djvu/296

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115 STAT. 2370 PUBLIC LAW 107-118^JAN. 11, 2002 "(B) DEMONSTRATION. — To qualify as a person described in subparagraph (A), a person must establish by a preponderance of the evidence that the conditions in clauses (i) through (viii) of subparagraph (A) have been met. "(C) BONA FIDE PROSPECTIVE PURCHASER. —Any person that does not qualify as a person described in this paragraph because the person had, or had reason to have, knowledge specified in subparagraph (A)(viii) at the time of acquisition of the real property may qualify as a bona fide prospective purchaser under section 101(40) if the person is otherwise described in that section. "(D) GROUND WATER.—With respect to a hazardous substance from one or more sources that are not on the property of a person that is a contiguous property owner that enters ground water beneath the property of the person solely as a result of subsurface migration in an aquifer, subparagraph (A)(iii) shall not require the person to conduct ground water investigations or to install ground water remediation systems, except in accordance with the policy of the Environmental Protection Agency concerning owners of property containing contaminated aquifers, dated May 24, 1995. "(2) EFFECT OF LAW.— With respect to a person described in this subsection, nothing in this subsection— "(A) limits any defense to liability that may be available to the person under any other provision of law; or "(B) imposes liability on the person that is not otherwise imposed by subsection (a). "(3) ASSURANCES.—The Administrator may— "(A) issue an assurance that no enforcement action under this Act will be initiated against a person described in paragraph (1); and "(B) grant a person described in paragraph (1) protection against a cost recovery or contribution action under section 113(f).". SEC. 222. PROSPECTIVE PURCHASERS AND WINDFALL LIENS. (a) DEFINITION OF BONA FIDE PROSPECTIVE PURCHASER.— Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601) (as amended by section 211(a) of this Act) is amended by adding at the end the following: "(40) BONA FIDE PROSPECTIVE PURCHASER.—The term 'bona fide prospective purchaser' means a person (or a tenant of a person) that acquires ownership of a facility after the date of the enactment of this paragraph and that establishes each of the following by a preponderance of the evidence: "(A) DISPOSAL PRIOR TO ACQUISITION.— All disposal of hazardous substances at the facility occurred before the person acquired the facility. "(B) INQUIRIES.— "(i) IN GENERAL.—The person made all appropriate inquiries into the previous ownership and uses of the facility in accordance with generally accepted good commercial and customary standards and practices in accordance with clauses (ii) and (iii).