Page:United States Statutes at Large Volume 115 Part 3.djvu/297

 PUBLIC LAW 107-118-^AN. 11, 2002 115 STAT. 2371 "(ii) STANDARDS AND PRACTICES.— The standards and practices referred to in clauses (ii) and (iv) of paragraph (35)(B) shall be considered to satisfy the requirements of this subparagraph. "(iii) RESIDENTIAL USE. —In the case of property in residential or other similar use at the time of purchase by a nongovernmental or noncommercial entity, a facility inspection and title search that reveal no basis for further investigation shall be considered to satisfy the requirements of this subparagraph. "(C) NOTICES. — The person provides all legally required notices with respect to the discovery or release of any hazardous substances at the facility. "(D) CARE. —The person exercises appropriate care with respect to hazardous substances found at the facility by taking 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 previously released hazardous substance. "(E) COOPERATION, ASSISTANCE, AND ACCESS.— The person provides full cooperation, assistance, and access to persons that are authorized to conduct response actions or natural resource restoration at a vessel or facility (including the cooperation and access necessary for the installation, integrity, operation, and maintenance of any complete or partial response actions or natural resource restoration at the vessel or facility). "(F) INSTITUTIONAL CONTROL.— The person— "(i) is in compliance with any land use restrictions established or relied on in connection with the response action at a vessel or facility; and "(ii) does not impede the effectiveness or integrity of any institutional control employed at the vessel or facility in connection with a response action. "(G) REQUESTS; SUBPOENAS.—The person complies with any request for information or administrative subpoena issued by the President under this Act. "(H) No AFFILLVTION. —The person is not— "(i) potentially liable, or affiliated with any other person that is potentially liable, for response costs at a facility through— "(I) any direct or indirect familial relationship; or "(II) any contractual, corporate, or financial relationship (other than a contractual, corporate, or financial relationship that is created by the instruments by which title to the facility is conveyed or financed or 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.". (b) PROSPECTIVE PURCHASER AND WINDFALL LIEN.— Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607) (as amended by this Act) is further amended by adding at the end the following:

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