§ 6615a — Diligent and appropriate investigation for hazardous materials

(a) Except as provided for in subsection (b) of this section, a diligent and appropriate investigation, as that term is used in subsection 6615(e) of this title, means, for all properties, an investigation where an owner or operator of a property conforms to the standard developed by the Secretary by rule for a diligent and appropriate investigation. If no standard exists, the owner or operator of a property shall conform to one of the following:
(1) the all appropriate inquiry standard set forth in 40 C.F.R. Part 312, as amended; or
(2) the current standard for phase I environmental site assessments established by the American Society for Testing and Materials.
(b) In the case of residential property used for residential purposes, diligent and appropriate investigation shall mean a facility inspection and title search that:
(1) reveal no basis for further investigation; and
(2) do not reveal that the property was used for or was part of a larger parcel that was used for commercial or industrial purposes.

Legislative History

(Added 2013, No. 55, § 13.)