Page:United States Statutes at Large Volume 115 Part 3.djvu/295

 PUBLIC LAW 107-118-^AN. 11, 2002 115 STAT. 2369 property that is not owned by that person shall not be considered to be an owner or operator of a vessel or facility under paragraph (1) or (2) of subsection (a) solely by reason of the contamination if— "(i) the person did not cause, contribute, or consent to the release or threatened release; "(ii) the person is not— "(I) potentially liable, or affiliated with any other person that is potentially liable, for response costs at a facility through any direct or indirect familial relationship or any contractual, corporate, or financial relationship (other than a contractual, corporate, or financial relationship that is created by a contract for the sale of goods or services); or "(II) the result of a reorganization of a business entity that was potentially liable; "(iii) the person takes reasonable steps to— "(I) stop any continuing release; "(II) prevent any threatened future release; and "(III) prevent or limit human, environmental, or natural resource exposure to any hazardous substance released on or from property owned by that person; "(iv) the person provides full cooperation, assistance, and access to persons that are authorized to conduct response actions or natural resource restoration at the vessel or facility from which there has been a release or threatened release (including the cooperation and access necessary for the installation, integrity, operation, and maintenance of any complete or partial response action or natural resource restoration at the vessel or facility); "(v) the person— "(I) is in compliance with any land use restrictions established or relied on in connection with the response action at the facility; and "(II) does not impede the effectiveness or integrity of any institutional control employed in connection with a response action; "(vi) the person is in compliance with any request for information or administrative subpoena issued by the President under this Act; "(vii) the person provides all legally required notices with respect to the discovery or release of any hazardous substances at the facility; and "(viii) at the time at which the person acquired the property, the person— "(I) conducted all appropriate inquiry within the meaning of section 101(35)(B) with respect to the property; and "(II) did not know or have reason to know that the property was or could be contaminated by a release or threatened release of one or more hazardous substances from other real property not owned or operated by the person.

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