Limitation on liability at remediated properties under the jurisdiction of the Comprehensive Environmental Response, Compensation and Liability Act

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  • (a) Any person not otherwise liable under Virgin Islands law or regulations, who acquires any title, security interest, or any other interest in real property located in the Virgin Islands listed on the National Priorities List under the jurisdiction of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C., §9601 et seq., after the property has been remediated to the satisfaction of the Administrator of the United States Environmental Protection Agency, is not subject to civil enforcement or remediation action under this chapter, the Virgin Islands Water Pollution Control Act[,] the Virgin Islands Air Pollution Control Act, the Solid and Hazardous Waste Management Act, the Underground Storage Tank Act or any other applicable Virgin [I]slands law, or to private civil suit, related to contamination that was the subject of the satisfactory remediation, existing at or immediately contiguous to the property prior to the person acquiring title, security interest, or any other interest in such property.

  • (b) Any person who acquires any title, security interest, or other interest in property from a person described in subsection (a) is not subject to enforcement or remediation actions or private civil suits to the same extent as the person provided in subsection (a).

  • (c) A person who holds title, a security interest, or any other interest in propertys [sic] prior to the property's being acquired by a person described in subsection (a) is not relieved of any liability or responsibility by reacquiring title, a security interest, or any other interest in the property.

  • (d) This chapter may not be construed to limit the statutory or regulatory authority of any government agency or to limit the liability or responsibility of any person when the activities of that person alter the remediation referred to in subsection (a). This section does not modify the liability, if any, of a person who holds title, a security interest, or any other interest in property prior to satisfactory remediation or the liability of a person who acquires the property after satisfactory remediation for damage caused by contaminants not included in the remediation.


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