All
Appropriate
Inquiry
 
Statutory
Language
(
101)(
35)
(
B)
REASON
TO
KNOW­

(
i)
ALL
APPROPRIATE
INQUIRIES­
To
establish
that
the
defendant
had
no
reason
to
know
of
the
matter
described
in
subparagraph
(
A)(
i),
the
defendant
must
demonstrate
to
a
court
that­­

(
I)
on
or
before
the
date
on
which
the
defendant
acquired
the
facility,
the
defendant
carried
out
all
appropriate
inquiries,
as
provided
in
clauses
(
ii)
and
(
iv),
into
the
previous
ownership
and
uses
of
the
facility
in
accordance
with
generally
accepted
good
commercial
and
customary
standards
and
practices;
and
(
II)
the
defendant
took
reasonable
steps
to­­

(
aa)
stop
any
continuing
release;

(
bb)
prevent
any
threatened
future
release;
and
(
cc)
prevent
or
limit
any
human,
environmental,
or
natural
resource
exposure
to
any
previously
released
hazardous
substance.

(
ii)
STANDARDS
AND
PRACTICES­
Not
later
than
2
years
after
the
date
of
enactment
of
the
Brownfields
Revitalization
and
Environmental
Restoration
Act
of
2001,
the
Administrator
shall
by
regulation
establish
standards
and
practices
for
the
purpose
of
satisfying
the
requirement
to
carry
out
all
appropriate
inquiries
under
clause
(
i).

(
iii)
CRITERIA­
In
promulgating
regulations
that
establish
the
standards
and
practices
referred
to
in
clause
(
ii),
the
Administrator
shall
include
each
of
the
following:

(
I)
The
results
of
an
inquiry
by
an
environmental
professional.

(
II)
Interviews
with
past
and
present
owners,
operators,
and
occupants
of
the
facility
for
the
purpose
of
gathering
information
regarding
the
potential
for
contamination
at
the
facility.

(
III)
Reviews
of
historical
sources,
such
as
chain
of
title
documents,
aerial
photographs,
building
department
records,
and
land
use
records,
to
determine
previous
uses
and
occupancies
of
the
real
property
since
the
property
was
first
developed.

(
IV)
Searches
for
recorded
environmental
cleanup
liens
against
the
facility
that
are
filed
under
Federal,
State,
or
local
law.
(
V)
Reviews
of
Federal,
State,
and
local
government
records,
waste
disposal
records,
underground
storage
tank
records,
and
hazardous
waste
handling,
generation,
treatment,
disposal,
and
spill
records,
concerning
contamination
at
or
near
the
facility.

(
VI)
Visual
inspections
of
the
facility
and
of
adjoining
properties.

(
VII)
Specialized
knowledge
or
experience
on
the
part
of
the
defendant.

(
VIII)
The
relationship
of
the
purchase
price
to
the
value
of
the
property,
if
the
property
was
not
contaminated.

(
IX)
Commonly
known
or
reasonably
ascertainable
information
about
the
property.

(
X)
The
degree
of
obviousness
of
the
presence
or
likely
presence
of
contamination
at
the
property,
and
the
ability
to
detect
the
contamination
by
appropriate
investigation.
