Page:United States Statutes at Large Volume 118.djvu/1103

 118 STAT. 1073 PUBLIC LAW 108–293—AUG. 9, 2004 ‘‘(iii) through the exercise of eminent domain authority by purchase or condemnation. ‘‘(C) The responsible party acquired the facility by inheritance or bequest. ‘‘(3) ADDITIONAL REQUIREMENTS.—For purposes of para graph (1)(C), the responsible party must establish by a prepon derance of the evidence that the responsible party— ‘‘(A) has satisfied the requirements of section 1003(a)(3)(A) and (B); ‘‘(B) has provided full cooperation, assistance, and facility access to the persons that are authorized to conduct removal actions, including the cooperation and access nec essary for the installation, integrity, operation, and mainte nance of any complete or partial removal action; ‘‘(C) is in compliance with any land use restrictions established or relied on in connection with the removal action; and ‘‘(D) has not impeded the effectiveness or integrity of any institutional control employed in connection with the removal action. ‘‘(4) REASON TO KNOW.— ‘‘(A) APPROPRIATE INQUIRIES.—To establish that the responsible party had no reason to know of the matter described in paragraph (2)(A), the responsible party must demonstrate to a court that— ‘‘(i) on or before the date on which the responsible party acquired the real property on which the facility is located, the responsible party carried out all appro priate inquiries, as provided in subparagraphs (B) and (D), into the previous ownership and uses of the real property on which the facility is located in accordance with generally accepted good commercial and cus tomary standards and practices; and ‘‘(ii) the responsible party took reasonable steps to— ‘‘(I) stop any continuing discharge; ‘‘(II) prevent any substantial threat of dis charge; and ‘‘(III) prevent or limit any human, environ mental, or natural resource exposure to any pre viously discharged oil. ‘‘(B) REGULATIONS ESTABLISHING STANDARDS AND PRAC TICES.—Not later than 2 years after the date of the enact ment of this paragraph, the Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall by regulation establish standards and practices for the purpose of satisfying the requirement to carry out all appropriate inquiries under subparagraph (A). ‘‘(C) CRITERIA.—In promulgating regulations that establish the standards and practices referred to in subparagraph (B), the Secretary shall include in such standards and practices provisions regarding 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 and the real Deadline.

�