10.1-1235 - Limitation on liability at remediated properties under the jurisdiction of the Comprehensive Environmental Response, Compensation and Liability Act.
§ 10.1-1235. Limitation on liability at remediated properties under thejurisdiction of the Comprehensive Environmental Response, Compensation andLiability Act.
A. Any person not otherwise liable under state law or regulation, whoacquires any title, security interest, or any other interest in propertylocated in the Commonwealth listed on the National Priorities List under thejurisdiction of the Comprehensive Environmental Response, Compensation andLiability Act, as amended (42 U.S.C. § 9601 et seq.), after the property hasbeen remediated to the satisfaction of the Administrator of the United StatesEnvironmental Protection Agency, shall not be subject to civil enforcement orremediation action under this chapter, Chapter 13 (§ 10.1-1300 et seq.) ofthis title, the State Water Control Law (§ 62.1-44.2 et seq.), or any otherapplicable state law, or to private civil suit, related to contamination thatwas the subject of the satisfactory remediation, existing at or immediatelycontiguous to the property prior to the person acquiring title, securityinterest, or any other interest in such property.
B. Any person who acquires any title, security interest, or other interest inproperty from a person described in subsection A shall not be subject toenforcement or remediation actions or private civil suits to the same extentas the person provided in subsection A.
C. A person who holds title, a security interest, or any other interest inproperty prior to the property being acquired by a person described insubsection A shall not be relieved of any liability or responsibility byreacquiring title, a security interest, or any other interest in the property.
D. The provisions of this chapter shall not be construed to limit thestatutory or regulatory authority of any state agency or to limit theliability or responsibility of any person when the activities of that personalter the remediation referred to in subsection A. The provisions of thissection shall not modify the liability, if any, of a person who holds title,a security interest, or any other interest in property prior to satisfactoryremediation or the liability of a person who acquires the property aftersatisfactory remediation for damage caused by contaminants not included inthe remediation.
(2002, c. 378.)