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1996 SESSION

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960844316
HOUSE BILL NO. 1211 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the House Committee on Conservation and Natural Resources on February 7, 1996) (Patron Prior to Substitute--Delegate Katzen) A BILL to amend the Code of Virginia by adding in Chapter 14 of Title 10.1 an article numbered 4.2, consisting of a section numbered 10.1-1429.4, relating to limitations on liability at certain remediated properties.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Chapter 14 of Title 10.1 an article numbered 4.2, consisting of a section numbered 10.1-1429.4 as follows:

Article 4.2. Remediated Property Fresh Start Program.

§ 10.1-1429.4. Limitation on liability at remediated properties under the jurisdiction of the Comprehensive Environmental Response, Compensation and Liability Act, as amended.

A. Any person not otherwise liable under state law or regulation, that acquires any title, security interest, or any other property interest in property located in the Commonwealth under the jurisdiction of the Comprehensive Environmental Response, Compensation and Liability Act, as amended (42 U.S.C. § 9601 et seq.) after the property has been remediated to the satisfaction of the Administrator of the United States Environmental Protection Agency shall not be subject to civil enforcement or remediation action under this chapter, the State Water Control Law (§ 62.1-44.2 et seq.), Chapter 13 of Title 10.1 (§ 10.1-1300 et seq.) or any other applicable state law, or to private civil suit, related to contamination, that was the subject of the satisfactory remediation, existing at or immediately contiguous to the property prior to the person acquiring title, security interest, or any other property interest in such property.

B. Any person who acquires any title, security interest, or other property interest in property from a person described in subsection A shall not be subject to enforcement or remediation actions or private civil suits to the same extent as the person provided in subsection A.

C. A person who holds title, a security interest, or any other property interest in property prior to the property being acquired by a person described in subsection A shall not be relieved of any liability or responsibility by re-acquiring title, a security interest, or any other property interest in the property.

D. The provisions of this article shall not be construed to limit the authority of any state agency or to limit the liability or responsibility of any person when the activities of the person alter the effectiveness of the remediation effort that gave rise to the liability limitations provided in subsection A.