Under EPAs administrative CERCLA tools, can a landowner be a Good Samaritan?
No. Only parties with no current or historical ties to the abandoned or inactive mine site, who do not intend to purchase the property, and who did not cause or contribute are eligible as Good Samaritans. Although landowners cannot be Good Samaritans under the administrative CERCLA tools, certain landowners may have a different, statutory protection from CERCLA liability if they meet the criteria of a “bona fide prospective purchaser” in CERCLA 101(40).
