                                 CODE OF VIRGINIA

LIMITATIONS ON LIABILITY (§ 10.1-1234)

A. 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 (&#xA7; 10.1-1400 et seq.), the State Water
Control Law (&#xA7; 62.1-44.2 et seq.), the State Air Pollution Control Law
(&#xA7; 10.1-1300 et seq.), or any other applicable law.

B. 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 (&#xA7; 10.1-1400 et seq.), the State Water Control Law
(&#xA7; 62.1-44.2 et seq.), or the State Air Pollution Control Law (&#xA7;
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. &#xA7; 6901 et seq.).

C. 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 (&#xA7; 10.1-1400 et seq.), the State Water Control Law (&#xA7;
62.1-44.2 et seq.), or the State Air Pollution Control Law (&#xA7; 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. &#xA7; 6901 et seq.).

D. 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 (&#xA7; 10.1-1400
et seq.), the State Water Control Law (&#xA7; 62.1-44.2 et seq.), or the State
Air Pollution Control Law (&#xA7; 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. 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.

HISTORY: 2002, c. 378.