CONTIGUOUS PROPERTIES.

SEC. 221. CONTIGUOUS PROPERTIES. Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607) is amended by adding at the end the following: “(q) Contiguous Properties.— “(1) Not considered to be an owner or operator.— “(A) In general.—A person that owns real property that is contiguous to or otherwise similarly situated with respect to, and that is or may be contaminated by a release or threatened release of a hazardous substance from, real 115 STAT. 2369property 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.115 STAT. 2370 “(B) Demonstration.—To qualify as a person described in subparagraph (A), a person must establish by a preponderance of the evidence that the conditions in clauses (i) through (viii) of subparagraph (A) have been met. “(C) Bona fide prospective purchaser.—Any person that does not qualify as a person described in this paragraph because the person had, or had reason to have, knowledge specified in subparagraph (A)(viii) at the time of acquisition of the real property may qualify as a bona fide prospective purchaser under section 101(40) if the person is otherwise described in that section. “(D) Ground water.—With respect to a hazardous substance from one or more sources that are not on the property of a person that is a contiguous property owner that enters ground water beneath the property of the person solely as a result of subsurface migration in an aquifer, subparagraph (A)(iii) shall not require the person to conduct ground water investigations or to install ground water remediation systems, except in accordance with the policy of the Environmental Protection Agency concerning owners of property containing contaminated aquifers, dated May 24, 1995. “(2) Effect of law.—With respect to a person described in this subsection, nothing in this subsection— “(A) limits any defense to liability that may be available to the person under any other provision of law; or “(B) imposes liability on the person that is not otherwise imposed by subsection (a). “(3) Assurances.—The Administrator may— “(A) issue an assurance that no enforcement action under this Act will be initiated against a person described in paragraph (1); and “(B) grant a person described in paragraph (1) protection against a cost recovery or contribution action under section 113(f).”.