R311-600-21. Innocent Landowners

(a) An applicant who seeks or obtains an enforceable assurance as an innocent landowner shall:

(1) Take reasonable steps to:

(A) Stop any continuing release;

(B) Prevent any threatened future release; and,

(C) Prevent or limit human, environmental, or natural resource exposure to any hazardous substance or hazardous material released on or from the property owned by the applicant.

(2) Provide full cooperation, assistance, and access to persons that are authorized to conduct response actions or natural resource restoration at the property from which there has been a release or threatened release.

(3) Comply with any land use restrictions established or relied on in connection with the response action at the facility and cooperate to establish such restrictions and not impede the effectiveness or integrity of any institutional control or environmental covenant employed in connection with a response action.

(b) An applicant who seeks or obtains an enforceable assurance as an innocent landowner and fails to satisfy the above condition shall not be eligible to receive or retain an enforceable written assurance.