Page:United States Statutes at Large Volume 115 Part 3.djvu/299

 lowing: PUBLIC LAW 107-118^JAN. 11, 2002 115 STAT. 2373 response actions at the facility (including the cooperation and access necessary for the installation, integrity, operation, and maintenance of any complete or partial response action at the facility), is in compliance with any land use restrictions established or relied on in connection with the response action at a facility, and does not impede the effectiveness or integrity of any institutional control employed at the facility in connection with a response action."; and (2) by striking subparagraph (B) and inserting the fol- " (B) REASON TO KNOW.— "(i) ALL APPROPRL^TE INQUIRIES.—To establish that the defendant had no reason to know of the matter described in subparagraph (A)(i), the defendant must demonstrate to a court that— "(I) on or before the date on which the defendant acquired the facility, the defendant carried out all appropriate inquiries, as provided in clauses (ii) and (iv), into the previous ownership and uses of the facility in accordance with generally accepted good commercial and customary standards and practices; and "(II) the defendant took reasonable steps to— "(aa) stop any continuing release; "(bb) prevent any threatened future release; and "(cc) prevent or limit any human, environmental, or natural resource exposure to any previously released hazardous substance, "(ii) STANDARDS AND PRACTICES.—Not later than Deadline. 2 years after the date of the enactment of the Regulations. Brownfields Revitalization and Environmental Restoration Act of 2001, the Administrator shall by regulation establish standards and practices for the purpose of satisfying the requirement to carry out all appropriate inquiries under clause (i). "(iii) CRITERIA. —In promulgating regulations that establish the standards and practices referred to in clause (ii), the Administrator shall include each of the following: "(I) The results of an inquiry by an environmental professional. "(II) Interviews with past and present owners, operators, and occupants of the facility for the purpose of gathering information regarding the potential for contamination at the facility. "(Ill) Reviews of historical sources, such as chain of title documents, aerial photographs, building department records, and land use records, to determine previous uses and occupancies of the real property since the property was first developed. "(IV) Searches for recorded environmental cleanup liens against the facility that are filed under Federal, State, or local law.

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