                                 CODE OF VIRGINIA

LIMITATION ON LIABILITY AT REMEDIATED PROPERTIES UNDER THE JURISDICTION OF THE
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT (§
10.1-1235)

A. Any person not otherwise liable under state law or regulation, who acquires
any title, security interest, or any other interest in property located in the
Commonwealth listed on the National Priorities List under the jurisdiction of
the Comprehensive Environmental Response, Compensation and Liability Act, as
amended (42 U.S.C. &#xA7; 9601 et seq.), after the property has been remediated
to the satisfaction of the Administrator of the United States Environmental
Protection Agency, shall not be subject to civil enforcement or remediation
action under this chapter, Chapter 13 (&#xA7; 10.1-1300 et seq.) of this title,
the State Water Control Law (&#xA7; 62.1-44.2 et seq.), or any other applicable
state law, or to private civil suit, related to contamination that was the
subject of the satisfactory remediation, existing at or immediately contiguous
to the property prior to the person acquiring title, security interest, or any
other interest in such property.

B. Any person who acquires any title, security interest, or other interest in
property from a person described in subsection A shall not be subject to
enforcement or remediation actions or private civil suits to the same extent as
the person provided in subsection A.

C. A person who holds title, a security interest, or any other interest in
property prior to the property being acquired by a person described in
subsection A shall not be relieved of any liability or responsibility by
reacquiring title, a security interest, or any other interest in the property.

D. The provisions of this chapter shall not be construed to limit the statutory
or regulatory authority of any state agency or to limit the liability or
responsibility of any person when the activities of that person alter the
remediation referred to in subsection A. The provisions of this section shall
not modify the liability, if any, of a person who holds title, a security
interest, or any other interest in property prior to satisfactory remediation or
the liability of a person who acquires the property after satisfactory
remediation for damage caused by contaminants not included in the remediation.

HISTORY: 2002, c. 378.