10.1-1234 - Limitations on liability.
§ 10.1-1234. Limitations on liability.
A. The Director may, consistent with programs developed under the federalacts, make a determination to limit the liability of lenders, innocentpurchasers or landowners, de minimis contributors or others who have groundsto claim limited responsibility for a containment or cleanup that may berequired pursuant to the Virginia Waste Management Act (§ 10.1-1400 et seq.),the State Water Control Law (§ 62.1-44.2 et seq.), the State Air PollutionControl Law (§ 10.1-1300 et seq.), or any other applicable law.
B. A bona fide prospective purchaser shall not be held liable for acontainment or cleanup that may be required at a brownfield site pursuant tothe Virginia Waste Management Act (§ 10.1-1400 et seq.), the State WaterControl Law (§ 62.1-44.2 et seq.), or the State Air Pollution Control Law (§10.1-1300 et seq.) if (i) the person did not cause, contribute, or consent tothe release or threatened release, (ii) the person is not liable orpotentially liable through any direct or indirect familial relationship orany contractual, corporate, or financial relationship or is not the result ofa reorganization of a business entity that was potentially liable, (iii) theperson exercises appropriate care with respect to hazardous substances foundat 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 releasedhazardous substances, and (iv) the person does not impede the performance ofany response action. These provisions shall not apply to sites subject to theResource Conservation and Recovery Act (42 U.S.C. § 6901 et seq.).
C. An innocent land owner who holds title, security interest or any otherinterest in a brownfield site shall not be held liable for a containment orcleanup that may be required at a brownfield site pursuant to the VirginiaWaste Management Act (§ 10.1-1400 et seq.), the State Water Control Law (§62.1-44.2 et seq.), or the State Air Pollution Control Law (§ 10.1-1300 etseq.) if (i) the person did not cause, contribute, or consent to the releaseor threatened release, (ii) the person is not liable or potentially liablethrough any direct or indirect familial relationship or any contractual,corporate, or financial relationship or is not the result of a reorganizationof a business entity that was potentially liable, (iii) the person made allappropriate inquiries into the previous uses of the facility in accordancewith generally accepted good commercial and customary standards andpractices, including those established by federal law, (iv) the personexercises appropriate care with respect to hazardous substances found at thefacility by taking reasonable steps to stop any continuing release, preventany threatened future release, and prevent or limit human, environmental, ornatural resource exposure to any previously released hazardous substances,and (v) the person does not impede the performance of any response action andif either (a) at the time the person acquired the interest, he did not knowand had no reason to know that any hazardous substances had been or werelikely to have been disposed of on, in, or at the site, or (b) the person isa government entity that acquired the site by escheat or through otherinvoluntary transfer or acquisition. These provisions shall not apply tosites subject to the Resource Conservation and Recovery Act (42 U.S.C. § 6901et seq.).
D. A person that owns real property that is contiguous to or otherwisesimilarly situated with respect to, and that is or may be contaminated by arelease or threatened release of a hazardous substance from real propertythat is not owned by that person shall not be considered liable for acontainment or cleanup that may be required pursuant to the Virginia WasteManagement Act (§ 10.1-1400 et seq.), the State Water Control Law (§62.1-44.2 et seq.), or the State Air Pollution Control Law (§ 10.1-1300 etseq.) if the person did not cause, contribute, or consent to the release orthreatened release, the person is not liable or potentially liable throughany direct or indirect familial relationship or any contractual, corporate,or financial relationship or is not the result of a reorganization of abusiness entity that was potentially liable, and if such person provides fullcooperation, assistance and access to persons that are authorized to conductresponse actions at the facility from which there has been a release.
E. The provisions of this section shall not otherwise limit the authority ofthe Department, the State Water Control Board, the Virginia Waste ManagementBoard, or the State Air Pollution Control Board to require any personresponsible for the contamination or pollution to contain or clean up siteswhere solid or hazardous waste or other substances have been improperlymanaged.
(2002, c. 378.)