{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-1234.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-1234.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-1234.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-1234.html"}],"law_id":71221,"edition_id":1,"section_id":71221,"structure_id":13991,"section_number":"10.1-1234","catch_line":"Limitations on liability","history":"2002, c. 378.","full_text":"A\n\nThe Director may, consistent with programs developed under the federal acts, make a determination to limit the liability of lenders, innocent purchasers or landowners, de minimis contributors or others who have grounds to claim limited responsibility for a containment or cleanup that may be required pursuant to the Virginia Waste Management Act (§ 10.1-1400 et seq.), the State Water Control Law (§ 62.1-44.2 et seq.), the State Air Pollution Control Law (§ 10.1-1300 et seq.), or any other applicable law.B\n\nA bona fide prospective purchaser shall not be held liable for a containment or cleanup that may be required at a brownfield site pursuant to the Virginia Waste Management Act (§ 10.1-1400 et seq.), the State Water Control Law (§ 62.1-44.2 et seq.), or the State Air Pollution Control Law (§ 10.1-1300 et seq.) if (i) the person did not cause, contribute, or consent to the release or threatened release, (ii) the person is not liable or potentially liable through any direct or indirect familial relationship or any contractual, corporate, or financial relationship or is not the result of a reorganization of a business entity that was potentially liable, (iii) the person exercises appropriate care with respect to hazardous substances found at the facility by taking reasonable steps to stop any continuing release, prevent any threatened future release, and prevent or limit human, environmental, or natural resource exposure to any previously released hazardous substances, and (iv) the person does not impede the performance of any response action. These provisions shall not apply to sites subject to the Resource Conservation and Recovery Act (42 U.S.C. § 6901 et seq.).C\n\nAn innocent land owner who holds title, security interest or any other interest in a brownfield site shall not be held liable for a containment or cleanup that may be required at a brownfield site pursuant to the Virginia Waste Management Act (§ 10.1-1400 et seq.), the State Water Control Law (§ 62.1-44.2 et seq.), or the State Air Pollution Control Law (§ 10.1-1300 et seq.) if (i) the person did not cause, contribute, or consent to the release or threatened release, (ii) the person is not liable or potentially liable through any direct or indirect familial relationship or any contractual, corporate, or financial relationship or is not the result of a reorganization of a business entity that was potentially liable, (iii) the person made all appropriate inquiries into the previous uses of the facility in accordance with generally accepted good commercial and customary standards and practices, including those established by federal law, (iv) the person exercises appropriate care with respect to hazardous substances found at the facility by taking reasonable steps to stop any continuing release, prevent any threatened future release, and prevent or limit human, environmental, or natural resource exposure to any previously released hazardous substances, and (v) the person does not impede the performance of any response action and if either (a) at the time the person acquired the interest, he did not know and had no reason to know that any hazardous substances had been or were likely to have been disposed of on, in, or at the site, or (b) the person is a government entity that acquired the site by escheat or through other involuntary transfer or acquisition. These provisions shall not apply to sites subject to the Resource Conservation and Recovery Act (42 U.S.C. § 6901 et seq.).D\n\nA 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 property that is not owned by that person shall not be considered liable for a containment or cleanup that may be required pursuant to the Virginia Waste Management Act (§ 10.1-1400 et seq.), the State Water Control Law (§ 62.1-44.2 et seq.), or the State Air Pollution Control Law (§ 10.1-1300 et seq.) if the person did not cause, contribute, or consent to the release or threatened release, the person is not liable or potentially liable through any direct or indirect familial relationship or any contractual, corporate, or financial relationship or is not the result of a reorganization of a business entity that was potentially liable, and if such person provides full cooperation, assistance and access to persons that are authorized to conduct response actions at the facility from which there has been a release.E\n\nThe provisions of this section shall not otherwise limit the authority of the Department, the State Water Control Board, the Virginia Waste Management Board, or the State Air Pollution Control Board to require any person responsible for the contamination or pollution to contain or clean up sites where solid or hazardous waste or other substances have been improperly managed.","order_by":null,"text":{"0":{"id":256712,"text":"The Director may, consistent with programs developed under the federal acts, make a determination to limit the liability of lenders, innocent purchasers or landowners, de minimis contributors or others who have grounds to claim limited responsibility for a containment or cleanup that may be required pursuant to the Virginia Waste Management Act (§ 10.1-1400 et seq.), the State Water Control Law (§ 62.1-44.2 et seq.), the State Air Pollution Control Law (§ 10.1-1300 et seq.), or any other applicable law.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":256713,"text":"A bona fide prospective purchaser shall not be held liable for a containment or cleanup that may be required at a brownfield site pursuant to the Virginia Waste Management Act (§ 10.1-1400 et seq.), the State Water Control Law (§ 62.1-44.2 et seq.), or the State Air Pollution Control Law (§ 10.1-1300 et seq.) if (i) the person did not cause, contribute, or consent to the release or threatened release, (ii) the person is not liable or potentially liable through any direct or indirect familial relationship or any contractual, corporate, or financial relationship or is not the result of a reorganization of a business entity that was potentially liable, (iii) the person exercises appropriate care with respect to hazardous substances found at the facility by taking reasonable steps to stop any continuing release, prevent any threatened future release, and prevent or limit human, environmental, or natural resource exposure to any previously released hazardous substances, and (iv) the person does not impede the performance of any response action. These provisions shall not apply to sites subject to the Resource Conservation and Recovery Act (42 U.S.C. § 6901 et seq.).","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":256714,"text":"An innocent land owner who holds title, security interest or any other interest in a brownfield site shall not be held liable for a containment or cleanup that may be required at a brownfield site pursuant to the Virginia Waste Management Act (§ 10.1-1400 et seq.), the State Water Control Law (§ 62.1-44.2 et seq.), or the State Air Pollution Control Law (§ 10.1-1300 et seq.) if (i) the person did not cause, contribute, or consent to the release or threatened release, (ii) the person is not liable or potentially liable through any direct or indirect familial relationship or any contractual, corporate, or financial relationship or is not the result of a reorganization of a business entity that was potentially liable, (iii) the person made all appropriate inquiries into the previous uses of the facility in accordance with generally accepted good commercial and customary standards and practices, including those established by federal law, (iv) the person exercises appropriate care with respect to hazardous substances found at the facility by taking reasonable steps to stop any continuing release, prevent any threatened future release, and prevent or limit human, environmental, or natural resource exposure to any previously released hazardous substances, and (v) the person does not impede the performance of any response action and if either (a) at the time the person acquired the interest, he did not know and had no reason to know that any hazardous substances had been or were likely to have been disposed of on, in, or at the site, or (b) the person is a government entity that acquired the site by escheat or through other involuntary transfer or acquisition. These provisions shall not apply to sites subject to the Resource Conservation and Recovery Act (42 U.S.C. § 6901 et seq.).","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":256715,"text":"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 property that is not owned by that person shall not be considered liable for a containment or cleanup that may be required pursuant to the Virginia Waste Management Act (§ 10.1-1400 et seq.), the State Water Control Law (§ 62.1-44.2 et seq.), or the State Air Pollution Control Law (§ 10.1-1300 et seq.) if the person did not cause, contribute, or consent to the release or threatened release, the person is not liable or potentially liable through any direct or indirect familial relationship or any contractual, corporate, or financial relationship or is not the result of a reorganization of a business entity that was potentially liable, and if such person provides full cooperation, assistance and access to persons that are authorized to conduct response actions at the facility from which there has been a release.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":256716,"text":"The provisions of this section shall not otherwise limit the authority of the Department, the State Water Control Board, the Virginia Waste Management Board, or the State Air Pollution Control Board to require any person responsible for the contamination or pollution to contain or clean up sites where solid or hazardous waste or other substances have been improperly managed.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":13991,"edition_id":1,"name":"Brownfield Restoration and Land Renewal Act","identifier":"12.1","label":"chapter","depth":3,"order_by":1,"parent_id":12741,"metadata":{},"date_created":"2026-06-26 03:46:32","date_modified":"2026-06-26 03:46:32","permalink":{"id":145563,"object_type":"structure","relational_id":13991,"identifier":"12.1","token":"10.1\/II\/12.1","url":"\/10.1\/II\/12.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12741,"edition_id":1,"name":"Activities Administered by Other Entities","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12740,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":144833,"object_type":"structure","relational_id":12741,"identifier":"II","token":"10.1\/II","url":"\/10.1\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12740,"edition_id":1,"name":"Conservation","identifier":"10.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":143313,"object_type":"structure","relational_id":12740,"identifier":"10.1","token":"10.1","url":"\/10.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":79851,"structure_id":13991,"section_number":"10.1-1230","catch_line":"Definitions","url":"\/10.1-1230\/","token":"10.1\/II\/12.1\/10.1-1230","metadata":false},{"id":55067,"structure_id":13991,"section_number":"10.1-1231","catch_line":"Brownfield restoration and land renewal policy and programs","url":"\/10.1-1231\/","token":"10.1\/II\/12.1\/10.1-1231","metadata":false},{"id":84797,"structure_id":13991,"section_number":"10.1-1232","catch_line":"Voluntary Remediation Program","url":"\/10.1-1232\/","token":"10.1\/II\/12.1\/10.1-1232","metadata":false},{"id":80408,"structure_id":13991,"section_number":"10.1-1233","catch_line":"Amnesty for voluntary disclosure and restoration of brownfield sites","url":"\/10.1-1233\/","token":"10.1\/II\/12.1\/10.1-1233","metadata":false},{"id":71221,"structure_id":13991,"section_number":"10.1-1234","catch_line":"Limitations on liability","url":"\/10.1-1234\/","token":"10.1\/II\/12.1\/10.1-1234","metadata":false},{"id":64420,"structure_id":13991,"section_number":"10.1-1235","catch_line":"Limitation on liability at remediated properties under the jurisdiction of the Comprehensive Environmental Response, Compensation and Liability Act","url":"\/10.1-1235\/","token":"10.1\/II\/12.1\/10.1-1235","metadata":false},{"id":72952,"structure_id":13991,"section_number":"10.1-1236","catch_line":"Access to abandoned brownfield sites","url":"\/10.1-1236\/","token":"10.1\/II\/12.1\/10.1-1236","metadata":false},{"id":73995,"structure_id":13991,"section_number":"10.1-1237","catch_line":"Virginia Brownfields Restoration and Economic Redevelopment Assistance Fund established; uses","url":"\/10.1-1237\/","token":"10.1\/II\/12.1\/10.1-1237","metadata":false}],"previous_section":{"id":80408,"structure_id":13991,"section_number":"10.1-1233","catch_line":"Amnesty for voluntary disclosure and restoration of brownfield sites","url":"\/10.1-1233\/","token":"10.1\/II\/12.1\/10.1-1233","metadata":false},"next_section":{"id":64420,"structure_id":13991,"section_number":"10.1-1235","catch_line":"Limitation on liability at remediated properties under the jurisdiction of the Comprehensive Environmental Response, Compensation and Liability Act","url":"\/10.1-1235\/","token":"10.1\/II\/12.1\/10.1-1235","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-1234\/","history_text":"

This law was first created in 2002. The record of its establishment is cataloged in chapter 378<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":[{"id":77830,"section_number":"10.1-1300","catch_line":"Definitions","order_by":null,"url":"\/10.1-1300\/"},{"id":84539,"section_number":"10.1-1400","catch_line":"Definitions","order_by":null,"url":"\/10.1-1400\/"},{"id":54640,"section_number":"62.1-44.2","catch_line":"Short title; purpose","order_by":null,"url":"\/62.1-44.2\/"}],"permalink":{"id":145581,"object_type":"law","relational_id":71221,"identifier":"10.1-1234","token":"10.1\/II\/12.1\/10.1-1234","url":"\/10.1-1234\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-1234\/","token":"10.1\/II\/12.1\/10.1-1234","dublin_core":{"Title":"Limitations on liability","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-1234","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Director<\/span> may, consistent with programs developed under the federal acts, make a determination to limit the liability of lenders, innocent purchasers or landowners, de minimis contributors or others who have grounds to claim limited responsibility for a containment or cleanup that may be required pursuant to the Virginia Waste Management Act (§ 10.1-1400<\/a> et seq.), the State Water Control Law<\/span> (§ 62.1-44.2<\/a> et seq.), the State Air Pollution Control Law<\/span> (§ 10.1-1300<\/a> et seq.), or any other applicable law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A bona fide prospective purchaser<\/span> shall not be held liable for a containment or cleanup that may be required at a brownfield<\/span> site pursuant to the Virginia Waste Management Act (§ 10.1-1400<\/a> et seq.), the State Water Control Law<\/span> (§ 62.1-44.2<\/a> et seq.), or the State Air Pollution Control Law<\/span> (§ 10.1-1300<\/a> et seq.) if (i) the person<\/span> did not cause, contribute, or consent to the release or threatened release, (ii) the person<\/span> is not liable or potentially liable through any direct or indirect familial relationship or any contractual, corporate, or financial relationship or is not the result of a reorganization of a business entity that was potentially liable, (iii) the person<\/span> exercises appropriate care with respect to hazardous substances found at the facility by taking reasonable steps to stop any continuing release, prevent any threatened future release, and prevent or limit human, environmental, or natural resource exposure to any previously released hazardous substances, and (iv) the person<\/span> does not impede the performance of any response action. These provisions shall not apply to sites subject to the Resource Conservation and Recovery Act (42 U.S.C. § 6901 et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> An innocent land owner<\/span> who holds title, security interest or any other interest in a brownfield<\/span> site shall not be held liable for a containment or cleanup that may be required at a brownfield<\/span> site pursuant to the Virginia Waste Management Act (§ 10.1-1400<\/a> et seq.), the State Water Control Law<\/span> (§ 62.1-44.2<\/a> et seq.), or the State Air Pollution Control Law<\/span> (§ 10.1-1300<\/a> et seq.) if (i) the person<\/span> did not cause, contribute, or consent to the release or threatened release, (ii) the person<\/span> is not liable or potentially liable through any direct or indirect familial relationship or any contractual, corporate, or financial relationship or is not the result of a reorganization of a business entity that was potentially liable, (iii) the person<\/span> made all appropriate inquiries into the previous uses of the facility in accordance with generally accepted good commercial and customary standards and practices, including those established by federal law<\/span>, (iv) the person<\/span> exercises appropriate care with respect to hazardous substances found at the facility by taking reasonable steps to stop any continuing release, prevent any threatened future release, and prevent or limit human, environmental, or natural resource exposure to any previously released hazardous substances, and (v) the person<\/span> does not impede the performance of any response action and if either (a) at the time the person<\/span> acquired the interest, he did not know and had no reason to know that any hazardous substances had been or were likely to have been disposed of on, in, or at the site, or (b) the person<\/span> is a government entity that acquired the site by escheat or through other involuntary transfer or acquisition. These provisions shall not apply to sites subject to the Resource Conservation and Recovery Act (42 U.S.C. § 6901 et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A person<\/span> 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 property that is not owned by that person<\/span> shall not be considered liable for a containment or cleanup that may be required pursuant to the Virginia Waste Management Act (§ 10.1-1400<\/a> et seq.), the State Water Control Law<\/span> (§ 62.1-44.2<\/a> et seq.), or the State Air Pollution Control Law<\/span> (§ 10.1-1300<\/a> et seq.) if the person<\/span> did not cause, contribute, or consent to the release or threatened release, the person<\/span> is not liable or potentially liable through any direct or indirect familial relationship or any contractual, corporate, or financial relationship or is not the result of a reorganization of a business entity that was potentially liable, and if such person<\/span> provides full cooperation, assistance and access to persons<\/span> that are authorized to conduct response actions at the facility from which there has been a release. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The provisions of this section shall not otherwise limit the authority<\/span> of the Department<\/span>, the State Water Control Board, the Virginia Waste Management Board, or the State Air Pollution Control Board to require any person<\/span> responsible for the contamination or pollution to contain or clean up sites where solid or hazardous waste or other substances have been improperly managed. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLIMITATIONS ON LIABILITY (\u00a7 10.1-1234)\n\nA. The Director may, consistent with programs developed under the federal acts,\nmake a determination to limit the liability of lenders, innocent purchasers or\nlandowners, de minimis contributors or others who have grounds to claim limited\nresponsibility for a containment or cleanup that may be required pursuant to the\nVirginia Waste Management Act (§ 10.1-1400 et seq.), the State Water\nControl Law (§ 62.1-44.2 et seq.), the State Air Pollution Control Law\n(§ 10.1-1300 et seq.), or any other applicable law.\n\nB. A bona fide prospective purchaser shall not be held liable for a containment\nor cleanup that may be required at a brownfield site pursuant to the Virginia\nWaste Management Act (§ 10.1-1400 et seq.), the State Water Control Law\n(§ 62.1-44.2 et seq.), or the State Air Pollution Control Law (§\n10.1-1300 et seq.) if (i) the person did not cause, contribute, or consent to\nthe release or threatened release, (ii) the person is not liable or potentially\nliable through any direct or indirect familial relationship or any contractual,\ncorporate, or financial relationship or is not the result of a reorganization of\na business entity that was potentially liable, (iii) the person exercises\nappropriate care with respect to hazardous substances found at the facility by\ntaking reasonable steps to stop any continuing release, prevent any threatened\nfuture release, and prevent or limit human, environmental, or natural resource\nexposure to any previously released hazardous substances, and (iv) the person\ndoes not impede the performance of any response action. These provisions shall\nnot apply to sites subject to the Resource Conservation and Recovery Act (42\nU.S.C. § 6901 et seq.).\n\nC. An innocent land owner who holds title, security interest or any other\ninterest in a brownfield site shall not be held liable for a containment or\ncleanup that may be required at a brownfield site pursuant to the Virginia Waste\nManagement Act (§ 10.1-1400 et seq.), the State Water Control Law (§\n62.1-44.2 et seq.), or the State Air Pollution Control Law (§ 10.1-1300 et\nseq.) if (i) the person did not cause, contribute, or consent to the release or\nthreatened release, (ii) the person is not liable or potentially liable through\nany direct or indirect familial relationship or any contractual, corporate, or\nfinancial relationship or is not the result of a reorganization of a business\nentity that was potentially liable, (iii) the person made all appropriate\ninquiries into the previous uses of the facility in accordance with generally\naccepted good commercial and customary standards and practices, including those\nestablished by federal law, (iv) the person exercises appropriate care with\nrespect to hazardous substances found at the facility by taking reasonable steps\nto stop any continuing release, prevent any threatened future release, and\nprevent or limit human, environmental, or natural resource exposure to any\npreviously released hazardous substances, and (v) the person does not impede the\nperformance of any response action and if either (a) at the time the person\nacquired the interest, he did not know and had no reason to know that any\nhazardous substances had been or were likely to have been disposed of on, in, or\nat the site, or (b) the person is a government entity that acquired the site by\nescheat or through other involuntary transfer or acquisition. These provisions\nshall not apply to sites subject to the Resource Conservation and Recovery Act\n(42 U.S.C. § 6901 et seq.).\n\nD. A person that owns real property that is contiguous to or otherwise similarly\nsituated with respect to, and that is or may be contaminated by a release or\nthreatened release of a hazardous substance from real property that is not owned\nby that person shall not be considered liable for a containment or cleanup that\nmay be required pursuant to the Virginia Waste Management Act (§ 10.1-1400\net seq.), the State Water Control Law (§ 62.1-44.2 et seq.), or the State\nAir Pollution Control Law (§ 10.1-1300 et seq.) if the person did not\ncause, contribute, or consent to the release or threatened release, the person\nis not liable or potentially liable through any direct or indirect familial\nrelationship or any contractual, corporate, or financial relationship or is not\nthe result of a reorganization of a business entity that was potentially liable,\nand if such person provides full cooperation, assistance and access to persons\nthat are authorized to conduct response actions at the facility from which there\nhas been a release.\n\nE. The provisions of this section shall not otherwise limit the authority of the\nDepartment, the State Water Control Board, the Virginia Waste Management Board,\nor the State Air Pollution Control Board to require any person responsible for\nthe contamination or pollution to contain or clean up sites where solid or\nhazardous waste or other substances have been improperly managed.\n\nHISTORY: 2002, c. 378.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}