Page:United States Statutes at Large Volume 100 Part 2.djvu/514

 100 STAT. 1616 42 USC 9601.

PUBLIC LAW 99-499—OCT. 17, 1986 (f) ADDITIONAL DEFINITIONS.—Section 101 of CERCLA is amended

by striking out "; and" at the end of paragraph (31) and substituting a period, by changing the semicolons at the end of paragraphs (1) through (29) to periods, by inserting "The term" at the beginning of paragraphs (1) through (22) and paragraphs (28) and (31), by inserting "The terms" at the beginning of paragraphs (23) through (27) and paragraphs (29), (30), and (32) by striking out ", the term" in the material preceding paragraph (1), and by adding the following new paragraphs at the end thereof: "(33) The term 'pollutant or contaminant' shall include, but not be limited to, any element, substance, compound, or mixture, including disease-causing agents, which after release into ' the environment and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, will ii or may reasonably be anticipated to cause death, disease, behavi t ioral abnormalities, cancer, genetic mutation, physiological mal,'i functions (including malfunctions in reproduction) or physical r deformations, in such organisms or their offspring; except that i the term 'pollutant or contaminant' shall not include petroleum, including crude oil or any fraction thereof which is not otherwise specifically listed or designated as a hazardous substance under subparagraphs (A) through (F) of paragraph (14) '-'• and shall not include natural gas, liquefied natural gas, or synthetic gas of pipeline quality (or mixtures of natural gas and such synthetic gas). ig "(34) The term 'alternative water supplies' includes, but is not J oj^ limited to, drinking water and household water supplies. g "(35)(A) The term 'contractual relationship', for the purpose 42 USC 9607. ^ of section 107(b)(3), includes, but is not limited to, land con^ tracts, deeds or other instruments transferring title or possession, unless the real property on which the facility concerned is located was acquired by the defendant after the disposal or placement of the hsizardous substance on, in, or at the facility, and one or more of the circumstances described in clause (i), (ii), '" or (iii) is also established by the defendant by a preponderance '^' of the evidence: "(i) At the time the defendant acquired the facility the &l defendant did not know and had no reason to know that any hazardous substance which is the subject of the release or threatened release was disposed of on, in, or at the facility. "(ii) The defendant is a government entity which ac' quired the facility by escheat, or through any other involuntary transfer or acquisition, or through the exercise of eminent domain authority by purchase or condemnation, "(iii) The defendant acquired the facility by inheritance or bequest. .. In addition to establishing the foregoing, the defendant must b establish that he has satisfied the requirements of section 107(b)(3)(a) and (b). ti "(B) 'To establish that the defendant had no reason to know, as provided in clause (i) of subparagraph (A) of this paragraph, the defendant must have undertaken, at the time of acquisition, all appropriate inquiry into the previous ownership and uses of jjj the property consistent with good commercial or customary practice in an effort to minimize liability. For purposes of the

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