[Congressional Record Volume 141, Number 52 (Tuesday, March 21, 1995)]
[Extensions of Remarks]
[Page E648]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


               THE INNOCENT LANDOWNER DEFENSE ACT OF 1995

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                            HON. CURT WELDON

                            of pennsylvania

                    in the house of representatives

                        Tuesday, March 21, 1995
  Mr. WELDON of Pennsylvania. Mr. Speaker, the purpose of the Innocent 
Landowner Defense Act is to clarify what is required by ``all 
appropriate inquiry into the previous ownerships and uses of the 
property'' as contained in the 1986 Superfund Amendments 
Reauthorization Act (SARA) to Superfund.
  The 1986 SARA amendments included several exemptions for the 
liability of site cleanup--an important one being the innocent 
landowners defense provision. This provision allows for an exemption of 
liability to a landowner who has not contributed to the contamination 
of a site and has made all appropriate inquiry into the previous uses 
of the property.
  The intent of the innocent landowner defense was to encourage the 
uncovering of contaminated sites which could then be cleaned up. It was 
meant as a narrow exception to protect those considering the 
acquisition of land from future liability. Unfortunately, the 
definition of all appropriate inquiry was never made clear in the SARA 
legislation, resulting in confusion as to the requirement for assessing 
a site for contamination. This lack of clarification has left the land 
purchaser with a dilemma. Even the most expensive and extensive site 
assessments may not prevent the landowner from later being held liable 
for contamination.
  The Innocent Landowner's Defense Act is designed to define what is 
meant by ``all appropriate inquiry,'' putting an end to the confusion 
and allowing landowners to protect themselves from liability. 
Specifically, this legislation calls for a phase I environmental 
audit--an investigation of the property conducted by an environmental 
professional--defined in the legislation to discover the presence of 
hazardous substances through the following sources: (1) chain of title 
documents for the past 50 years; (2) available aerial photographs of 
the property; (3) Superfund liens against the property; (4) Federal, 
State, and local government records of activities causing release of 
hazardous substances; and (5) a visual site inspection of the property. 
If these criteria are met, an individual would be recognized as having 
conducted all appropriate inquiry.
  This legislation in no way changes the liability scheme of Superfund. 
It is a clarifying correction which enables courts and potential 
landowners to determine exactly what is needed to fulfill all 
appropriate inquiry requirements. Not only will this legislation clear 
up a very confusing situation, but it will restore the original intent 
of the innocent landowner defense--it will encourage the testing of 
sites for contamination, increasing the likelihood that contaminated 
sites will be found and cleaned up.
  This legislation provides the guidance crucial to assessing the risk 
associated with hazardous waste sites. It would allow for the 
realization of the original goals of the Superfund legislation, while 
leaving the original statute unchanged in terms of liability.


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