1 "§ 130A-310.7. Action for reimbursement; liability of responsible parties; 



2 notification of completed remedial action. 



3 (a) Notwithstanding any other provision or rule of law, and subi c ct Subiect only to 



4 the defenses set forth in this s ubs e ction, any p e rson who: section, a responsible party is a 



5 person who causes or contributes to the existence of an inactive hazardous substance or 



6 waste disposal site by any of the following: 



7 (1) Discharg e s or d e posits; or Pischarging. releasing, or depositing any 



8 hazardous substance. 



9 (2) Contracts or arrang e s for any discharge or deposit; o r Contracting or 



10 arranging for a discharge, release, or deposit of any hazardous 



11 substance. 



12 (3) Acc e pts — for discharg e or d e posit; — o fAccepting any hazardous 



13 substance. 



14 (4) Transports or arrang e s for transport for th e purpo se of discharg e or 



15 depesit Transporting or arranging for the transport of any hazardous 



16 substance for the purpose of discharging, releasing, or depositing any 



17 hazardous substance. 



18 (5) Owning or operating a site that contains any hazardous substance. 



19 (6} Owning or operating a site at the time of discharge, release, or deposit 



20 of any hazardous substance. 



21 any hazardous substanc e , th e r e sult of which discharg e or d e posit is th e e xist e nc e of an 



22 inactiv e hazardous substanc e or wast e disposal sit e , shall b e consid e r e d a r e spon s ibl e 



23 party. 



24 (al) Neither an innocent landowner who is a bona fide purchaser of the -any real 



25 property comprising an inactive hazardous substance or waste disposal site without 



26 knowledge or without a reasonable basis for knowing that a_hazardous substance or 



27 waste disposal discharge, release, deposit, or disposal had occurred nor a contiguous 



28 property owner shall not be considered a responsible party if the landowner or 



29 contiguous property owner establishes all of the following to the satisfaction of the 



30 Secretary: 



31 {JQ All of the discharge, release, deposit, or disposal of hazardous 



32 substances or waste at the site occurred before the owner acquired the 



33 site; or the disposal was solely the result of: 



34 a. An act of God; or 



35 b. Anact of war; or 



36 c. An intentional act or omission of a third party who is not an 



37 employee or agent of the owner or who does not have a 



38 contractual relationship with the owner. 



39 (2) On or before the date of purchase, the owner made all appropriate 



40 inquiries into the previous ownership and uses of the property in 



41 accordance with generally accepted and customary commercial 



42 standards and practices. The Secretary shall take into accovmt any 



43 specialized knowledge or experience on the part of the owner, the 



44 relationship of the purchase price to the value of the property if the 



40 



