Page:United States Statutes at Large Volume 118.djvu/1104

 118 STAT. 1074 PUBLIC LAW 108–293—AUG. 9, 2004 property on which the facility is located for the purpose of gathering information regarding the potential for oil at the facility and on the real property on which the facility is located. ‘‘(iii) Reviews of historical sources, such as chain of title documents, aerial photographs, building depart ment records, and land use records, to determine pre vious uses and occupancies of the real property on which the facility is located since the property was first developed. ‘‘(iv) Searches for recorded environmental cleanup liens against the facility and the real property on which the facility is located that are filed under Federal, State, or local law. ‘‘(v) Reviews of Federal, State, and local govern ment records, waste disposal records, underground storage tank records, and waste handling, generation, treatment, disposal, and spill records, concerning oil at or near the facility and on the real property on which the facility is located. ‘‘(vi) Visual inspections of the facility, the real property on which the facility is located, and adjoining properties. ‘‘(vii) Specialized knowledge or experience on the part of the responsible party. ‘‘(viii) The relationship of the purchase price to the value of the facility and the real property on which the facility is located, if oil was not at the facility or on the real property. ‘‘(ix) Commonly known or reasonably ascertainable information about the facility and the real property on which the facility is located. ‘‘(x) The degree of obviousness of the presence or likely presence of oil at the facility and on the real property on which the facility is located, and the ability to detect the oil by appropriate investigation. ‘‘(D) INTERIM STANDARDS AND PRACTICES.— ‘‘(i) REAL PROPERTY PURCHASED BEFORE MAY 31, 1997.—With respect to real property purchased before May 31, 1997, in making a determination with respect to a responsible party described in subparagraph (A), a court shall take into account— ‘‘(I) any specialized knowledge or experience on the part of the responsible party; ‘‘(II) the relationship of the purchase price to the value of the facility and the real property on which the facility is located, if the oil was not at the facility or on the real property; ‘‘(III) commonly known or reasonably ascertainable information about the facility and the real property on which the facility is located; ‘‘(IV) the obviousness of the presence or likely presence of oil at the facility and on the real prop erty on which the facility is located; and ‘‘(V) the ability of the responsible party to detect oil by appropriate inspection.

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