Page:United States Statutes at Large Volume 100 Part 2.djvu/515

 PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1617

preceding sentence the court shall take into account any specialized knowledge or experience on the part of the defendant, the relationship of the purchase price to the value of the property if uncontaminated, commonly known or reasonably ascertainable information about the property, the obviousness of the presence or likely presence of contamination at the property, and the ability to detect such contamination by appropriate inspection. "(C) Nothing in this paragraph or in section 107(b)(3) shall f diminish the liability of any previous owner or operator of such facility who would otherwise be liable under this Act. Notwitht standing this paragraph, if the defendant obtained actual knowledge of the release or threatened release of a hazardous substance at such facility when the defendant owned the real property to another person without disclosing such knowledge, such defendant shall be treated as liable under section 107(a)(1) i and no defense under section 107(b)(3) shall be available to such r defendant. "(D) Nothing in this paragraph shall affect the liability under % this Act of a defendant who, by any act or omission, caused or contributed to the release or threatened release of a hazardous i substance which is the subject of the action relating to the facility. "(36) The term Indian tribe' means any Indian tribe, band, J nation, or other organized group or community, including any Alaska Native village but not including any Alaska Native for the special programs and services provided by the United States to Indians because of their status as Indians.".
 * property and then subsequently transferred ownership of the
 * regional or village corporation, which is recognized as eligible

42 USC 9607. Real property.

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SEC. 102. REPORTABLE QUANTITIES.

Section 102(a) of CERCLA is amended by adding at the end thereof the following new sentences: "For all hazardous substances for which proposed regulations establishing reportable quantities were published in the Federal Register under this subsection on or before March 1, 1986, the Administrator shall promulgate under this subsection final regulations establishing reportable quantities not later than December 31, 1986. For all hazardous substances for which proposed regulations establishing reportable quantities were not published in the Federal Register under this subsection on or before March 1, 1986, the Administrator shall publish under this subsection proposed regulations establishing reportable quantities not later than December 31, 1986, and promulgate final regulations under this subsection establishing reportable quantities not later than April 30, 1988.".

Regulations. 42 USC 9602.

Federal Register, publication.

SEC. 103. NOTICES; PENALTIES.

Section 103(b) of CERCLA is amended by striking out "paragraph" in the last sentence and inserting in lieu thereof "subsection" and by adjusting the left hand margin of the text of such subsection following "federally permitted release," the third place it appears so that there is no indentation of such text.

Post, p. 1632.

SEC. 104. RESPONSE AUTHORITIES.

President of U.S. 42 USC 9604.

(a) RESPONSE BY POTENTIALLY RESPONSIBLE PARTIES; PUBLIC H E A L T H THREATS.—Section 104(a)(1) of CERCLA is amended by

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