bona fide prospective purchaser

(A)The term “bona fide prospective purchaser” means, with respect to a facility— (i)a person who— (I)acquires ownership of the facility after; and (II)establishes by a preponderance of the evidence each of the criteria described in clauses (i) through (viii) of subparagraph (B); and (ii)a person— (I)who acquires a leasehold interest in the facility after; (II)who establishes by a preponderance of the evidence that the leasehold interest is not designed to avoid liability under this chapter by any person; and (III)with respect to whom any of the following conditions apply: (B)The criteria described in this subparagraph are as follows: (i)All disposal of hazardous substances at the facility occurred before the person acquired the facility. (ii) (I)The person made all appropriate inquiries into the previous ownership and uses of the facility in accordance with generally accepted good commercial and customary standards and practices in accordance with subclauses (II) and (III). (II)The standards and practices referred to in clauses (ii) and (iv) of paragraph (35)(B) shall be considered to satisfy the requirements of this clause. (III)In the case of property in residential or other similar use at the time of purchase by a nongovernmental or noncommercial entity, a facility inspection and title search that reveal no basis for further investigation shall be considered to satisfy the requirements of this clause. (iii)The person provides all legally required notices with respect to the discovery or release of any hazardous substances at the facility. (iv)The person exercises appropriate care with respect to hazardous substances found at the facility by taking 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 previously released hazardous substance. (v)The person provides full cooperation, assistance, and access to persons that are authorized to conduct response actions or natural resource restoration at a vessel or facility (including the cooperation and access necessary for the installation, integrity, operation, and maintenance of any complete or partial response actions or natural resource restoration at the vessel or facility). (vi)The person— (I)is in compliance with any land use restrictions established or relied on in connection with the response action at a vessel or facility; and (II)does not impede the effectiveness or integrity of any institutional control employed at the vessel or facility in connection with a response action. (vii)The person complies with any request for information or administrative subpoena issued by the President under this chapter. (viii)The person is not— (I)potentially liable, or affiliated with any other person that is potentially liable, for response costs at a facility through— (II)the result of a reorganization of a business entity that was potentially liable.


42 USC § 9601(40)(A)

Scoping language

For purpose of this subchapter
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