(A) As used in this section :

Terms Used In Ohio Code 3746.122

  • Owner or operator: includes both of the following:

    (1) Any person owning or holding a legal, equitable, or possessory interest in or having responsibility for the daily activities on a property;

    (2) In the case of property title or control of which was conveyed due to bankruptcy, foreclosure, tax delinquency, abandonment, or similar means to this state or a political subdivision of this state, any person who owned, operated, or otherwise controlled activities occurring on the property before the conveyance. See Ohio Code 3746.01

  • Person: means any person as defined in section 1. See Ohio Code 3746.01
  • Release: means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, migrating, dumping, or disposing of any hazardous substance or petroleum into the environment, including, without limitation, the abandonment or discarding of barrels, containers, or any other closed receptacle containing any hazardous substance, petroleum, or pollutant or contaminant. See Ohio Code 3746.01
  • remedial activities: means actions that are taken at a property to treat, remove, transport for treatment or disposal, dispose of, contain, or control hazardous substances or petroleum, are protective of public health and safety and the environment, and are consistent with a permanent remedy, including, without limitation, excavation, treatment, off-site disposal, the use of engineering or institutional controls or activity and use limitations, the issuance and implementation of a consolidated standards permit under section 3746. See Ohio Code 3746.01
  • state: means the state of Ohio. See Ohio Code 1.59

(1) “Bona fide prospective purchaser” has the same meaning as in 42 U.S.C. § 9601, including the requirement that a person acquired ownership of a facility after January 11, 2002.

(2) “Facility” has the same meaning as in 42 U.S.C. § 9601.

(B) In a civil action to address a release or threatened release of hazardous substances from a facility, it is an affirmative defense, and a person is immune from liability to this state for performing investigational and remedial activities, if all of the following apply:

(1) The person demonstrates that the person is a bona fide prospective purchaser of the facility.

(2) The state’s cause of action against the person rests upon the person’s status as an owner or operator of the facility.

(3) The person does not impede a response action or a natural resource restoration at the facility.

(C) Nothing in this section precludes the application of section 3746.02 of the Revised Code to this section.

(D) The affirmative defense provided for in division (B) of this section may be asserted in either of the following:

(1) A civil action pending on the effective date of this section;

(2) A civil action initiated after the effective date of this section.

(E) The general assembly finds that this section is remedial in nature. Therefore, the general assembly hereby declares its purpose in enacting this section is to do both of the following:

(1) Adopt the federal definition of bona fide prospective purchaser in 42 U.S.C. § 9601 for purposes of this section;

(2) Extend the affirmative defense as specified in division (D)(1) of this section.