Excludes: PRPs—for Class 1 or 2 Registry (State Super-fund) sites; for RCRA TSDFs subject to corrective action or interim status; subject to other enforcement action requiring the PRP to remove or remediate a hazardous substance; or at petroleum sites.  (For purposes of these exclu-sions, “PRP” does NOT include a present owner who purchased an already contaminated property [if not otherwise a PRP].)

* Bond Act funding is open only to muni-cipalities who did not cause or contribute to contamination.

*Only includes property contaminated after 10/1/97 if acquired by an “inculpable person” (i.e., one who did not cause or contribute to the contami-nation)—or contaminated by an act of God.

* Responsible persons may participate as long as they did not knowingly or willfully violate any law or regulation that caused or contributed to the contamination.

* So may successors in interest who buy or lease from inculpable persons.

Excludes: owners or operators who have ever conducted a hazardous substance cleanup pursuant to RCRA or CERCLA; those subject to outstanding admin. or judicial  enforcement action for a release of oil or a hazardous substance; and owners who have failed to record required deed restriction(s).

Includes: innocent owners or operators (“eligible persons”) who did not own or operate the site at the time of the release and did not cause or contribute to the contamination.

*NOTE: Even causally responsible parties can participate in the A.G.’s “Covenant-Not-to-Sue” program if they are redeveloping contaminated properties and are contributing to the economic or physical revitalization of the community.

Excludes: owners or operators who caused the contamination.

* Liable parties (those respon-sible for causing a release) have a duty to clean up and meet Part 201 cleanup criteria.

* A person interested in purchasing, leasing, or operating a contaminated site after June 5, 1995, may avoid liability for existing contamination by performing a Baseline Environmental Assessment (BEA).

*The new owner, operator, or lessee must still comply with the "due care" provision.  This involves preventing exacerbation of existing contamination, mitigating unacceptable exposures to haz. substances, and protecting against the foreseeable acts or omissions of a third party.

*Any person is eligible to participate in the program including PRPs and municipalities.

*DEP, upon receipt of an application for an MOA, determines whether an MOA is available to the requesting party--based on such issues as whether state dollars have been dedicated for the cleanup, or whether the cleanup is already the focus of a specific regulatory program.

*Any person who proposes, or is required to, respond to the release of a regulated substance at a site and who wants to be eligible for liability protection.

*Cleanup volunteers are automatically released from liability by operation of law, after satisfying VCP (Act 2) require-ments, if DEP does not object w/i a specified 60- or 90-day period.