1 (10) The purchaser has complied and continues to comply with any request 



2 for information or administrative subpoena issued by the Secretary. 



3 (11) The purchaser is not liable, potentially liable, or affiliated with any 



4 other person who is liable or potentially liable for any cost associated 



5 with the response, remedial action, or natural resources restoration at 



6 the property through any of the following: 



7 a^ Any direct or indirect familial relationship. 



8 b. Any contractual, corporate, or financial relations, other than a 



9 contractual, corporate, or financial relationship that is created 



10 by an instrument through which title to the property is 



11 conveyed, an instrument through which sale or purchase of the 



12 property is financed, or by a contract for the sale of goods or 



13 services. 



14 c. A reorganization in bankruptcy of a business entity that is liable 



15 or potentially liable. 



16 (a3) A purchaser of any real property comprising an inactive hazardous substance or 



17 waste disposal site may submit a written request to the Secretary for a determination 



18 that the purchaser has met all the conditions set out in subsection (a2) of this section. A 



19 determination may be made subject to the purchaser meeting all the conditions in 



20 subsection (a2) of this section on or after closing that canno gasonably be met prior to 



21 closing. A request for a determination that a purchaser has met all the conditions set out 



22 in subsection (a2) of this section must be accompanied by a fee of one thousand dollars 



23 ($1,000.00) to defi-ay administrative costs of making the determination. The Secretary 



24 shall develop and implement procedures to provide expeditious review of requests for 



25 determinations so as to expedite real estate transactions involving contaminated 



26 properties. 



27 (a4) A person whose interest or ownership in tbe -real property comprising an 



28 inactive hazardous substance or waste disposal site is solely based on or derived fi-om a 



29 security interest in the property shall not b e considered a responsible part y unless the 



30 person at any time manages, operates, or participates in the management or operation of, 



31 any facility located on the real property. A responsible party shall be directly liable to 



32 the State for any or all of the reasonably necessary expenses of developing and 



33 implementing a remedial action program for such s it e , the property. The Secretary shall 



34 bring an action for reimbursement of the Inactive Hazardous Sites Cleanup Fund in the 



35 name of the State in the superior court of Wake County, the county in which the site is 



36 locat e d located, or in an appropriate federal court to recover such sum and the cost of 



37 bringing the action. The State must show that a danger to the public health or the 



38 environment existed and that the State complied with the provisions of this Part. 



39 (b) Th e r e s hall b e no liability und e r this s e ction for a person who con e stablish by a 



40 pr e pond e ranc e of th e e vid e nce that th e dang e r to th e public h e alth or th e e nvironm e nt 



41 caus e d by th e sit e was caus e d sol e ly by: 



42 fB An act of God; or 



43 (3) An act of war; or 



44 



