Section 25395.115 Of Article 2. Public Information From California Health And Safety Code >> Division 20. >> Chapter 6.83. >> Article 2.
25395.115
. The definitions set forth in this section govern the
interpretation of this article.
(a) "Agency" means the department, the board, or a regional board.
(b) "Board" means the State Water Resources Control Board.
(c) (1) "Bona fide purchaser" means a person, or a tenant of a
person, who acquires ownership of a site on or after January 1, 2005,
and who establishes all of the following by a preponderance of the
evidence:
(A) All releases of the hazardous materials at issue at the site
occurred before the person acquired the site, except as described in
subparagraph (B).
(B) All of the conditions of Section 25395.80 to qualify as a bona
fide purchaser have been met.
(C) The person is not potentially liable, or affiliated with any
other person who is potentially liable, for the release or threatened
release at the site through any of the following circumstances:
(i) Any direct or indirect familial relationship.
(ii) Any contractual, corporate, or financial relationship, unless
the contractual, corporate, or financial relationship is created by
the instrument by which title or possession to the site is conveyed
or financed or a contract for the sale of goods or services.
(iii) The result of a reorganization of a business entity that was
potentially liable for the release or threatened release of
hazardous materials at the site.
(2) For purposes of this section, "release" does not include
passive migration.
(d) "Department" means the Department of Toxic Substances Control.
(e) "Regional board" means a California regional water quality
control board.