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• ) Oct. 19 ENVIRONMENTAL RESPONSE ACT P.L. 102-426 r
<br /> SEC. 3. REQUIREMENT FOR IDENTIFICATION OF LAND ON WHICH NO
<br /> R. 40161; October 19, 1992 HAZARDOUS SUBSTANCES OR PETROLEUM PRODUCTS
<br /> OR THEIR DERIVATIVES WERE STORED, RELEASED, OR
<br /> NMENTAL RESPONSE DISPOSED OF.
<br /> PION ACT Section 120(h) of the Comprehensive Environmental Response,
<br /> Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)) is
<br /> see Report for P.L. 102-426 amended by adding at the end the following new paragraph:
<br /> slative History Section. "(4) IDENTIFICATION OF UNCONTAMINATED PROPERTY.—(A)
<br /> In the case of real property to which this paragraph applies
<br /> ntal Res (as set forth in subparagraph (E)), the head of the department, -
<br /> Response, Compensation,and Uobility Act agency, or instrumentality of the United States with jurisdiction
<br /> before termination of Federal activities on any over theroperty shall identify the real property on which
<br /> to identify real property where no hazardous p
<br /> d of. no hazardous su stances and no petroleum products or their
<br /> derivatives were stored for one year or more, known to have
<br /> znd House of Representatives of been released, or disposed of. Such identification shall be based
<br /> egress assembled, on an investigation of the real property to determine or discover
<br /> the obviousness of the presence or likely presence of a release
<br /> or threatened release of any hazardous substance or any petro-
<br /> leum product or its derivatives, including aviation fuel and
<br /> motor oil, on the real property. The identification shall consist,
<br /> at a minimum, of a review of each of the following sources
<br /> of information concerning the current and previous uses of
<br /> ig: the real property:
<br /> in Federal facilities is having (i) A detailed search of Federal Government records
<br /> 3mies of local communities by - pertaininLc the property.
<br /> ith such facilities, and delay in real ( corded chain of title documents regarding the
<br /> contamination of real property.
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<br /> transfer and private development � '(ili) Aerial photographs that may reflect prior uses
<br /> P of the real property and that are reasonably obtainable
<br /> through State or local government agencies.
<br /> ency 0instrumentality of the _W "(iv) A visual inspection of the real property and any
<br /> witL _.,cal communities, should , buildings, structures, equipment, pipe, pipeline, or other
<br />'operty that offers the greatest s improvements on the real property, and a visual inspection
<br /> velopment on each facility under of properties immediately adjacent to the real property.
<br /> vent, agency, or instrumentality "(v) A physical inspection of property adjacent to the
<br /> ng• real property, to the extent permitted by owners or opera-
<br /> ding remedial investigations and tors of such property.
<br /> ve actions at such Federal facili- "(vi) Reasonably obtainable Federal, State, and local
<br /> anner to facilitate environmental government records of each adjacent facility where there
<br /> sfer of such excess real property has been a release of any hazardous substance or any
<br /> adverse economic effects on the petroleum product or its derivatives, including aviation
<br /> fuel and motor oil, and which is likely to cause or contribute
<br />!ncy, or instrumentality of the to a release or threatened release of any hazardous sub-
<br /> nth applicable law, should make stance or any petroleum product or its derivatives, includ-
<br /> cess real property. ing aviation fuel and motor oil, on the real property.
<br /> 1 property owned by the United ivolved in) Interviews current or former employees
<br /> n
<br /> ether person, the United States operations on the property.
<br /> responsible for conducting any Such identification shall also be based on sampling, if appro-
<br />,tion necessary to protect human priate under the circumstances. The results of the identification
<br /> with respect to any hazardous shall be provided immediately to the Administrator and State
<br /> lct or its derivatives, including
<br /> and local government officials and made available to the public.
<br /> "
<br /> that was present on such real (B) a identification required under subparagraph (A)
<br /> is not complete until concurrence in the results of the identifica-
<br /> tion is obtained, in the case of real property that is part
<br /> of a facility on the National Priorities List, from the Admuus-
<br /> trator, or, in the case of real property that is not part of
<br /> a facility on the National Priorities List, from the appropriate
<br /> 2174 10U.S.Cong.News'92-6 106 STAT. 2175
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