Wyoming § 35-11-1801 Definition of innocent owner

Wyoming Statutes

§ 35-11-1801 — Definition of innocent owner

Wyoming·Title 35 Public Health and Safety·Ch. 11 ENVIRONMENTAL QUALITY·Art. 18 INNOCENT OWNERS

(a)"Innocent owner" means a person who did not cause or contribute to the source of contamination and who is one (1) of the following:

(i)An owner of real property that has become contaminated as a result of a release or migration of contaminants from a source not located on or at the real property;

(ii)An owner of real property who can show with respect to the property that the owner has no liability for contamination under section 107(a) of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9607(a), because the owner can show a defense as provided in section 107(b) of that act (42 U.S.C. 9607(b));

(iii)An owner of real property who at the time of becoming the owner of the property did not know or should not have reasonably known about the presence of

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(a) "Innocent owner" means a person who did not cause or
contribute to the source of contamination and who is one (1) of
the following:
(i) An owner of real property that has become
contaminated as a result of a release or migration of
contaminants from a source not located on or at the real
property;
(ii) An owner of real property who can show with
respect to the property that the owner has no liability for
contamination under section 107(a) of the Comprehensive
Environmental Response, Compensation and Liability Act, 42
U.S.C. 9607(a), because the owner can show a defense as provided
in section 107(b) of that act (42 U.S.C. 9607(b));
(iii) An owner of real property who at the time of
becoming the owner of the property did not know or should not
have reasonably known about the presence of contamination on the
property;
(iv) A lender or fiduciary who owns or holds a
security interest in land, unless the lender or fiduciary
participated in the management of a site at the time that the
owner or operator thereof caused a release or migration of
contaminants;
(v) A unit of state or local government which
acquired ownership or control through bankruptcy, tax
delinquency, abandonment or other circumstances in which the
government acquires title by virtue of its function as
sovereign, unless the state or local government contributed to
the contamination;
(vi) A bona fide prospective purchaser; or
(vii) A surface owner if the source of the
contamination was a pipeline running under or across the land of
the surface owner and the surface owner was not involved in the
installation, operation or maintenance of the pipeline.
(b) No person who owns or operates lands or facilities
subject to permitting or corrective action requirements of the
hazardous waste rules and regulations promulgated under W.S.
35-11-503(d) shall be considered an innocent owner, nor shall
any hazardous waste generator who may be subject to corrective
action requirements of such rules and regulations be considered
an innocent owner.