by the United States government

“ Prospective purchaser and windfall lien (1) Limitation on liability Notwithstanding subsection (a) (1) of this section, a bona fide prospective purchaser whose potential liability for a release or threatened release is based solely on the purchaser’s being considered to be an owner or operator of a facility shall not be liable as long as the bona fide prospective purchaser does not impede the performance of a response action or natural resource restoration. ”

“ The President, or the authorized representative of any State, shall act on behalf of the public as trustee of such natural resources to recover for such damages. Sums recovered by the United States Government as trustee under this subsection shall be retained by the trustee, without further appropriation, for use only to restore, replace, or acquire the equivalent of such natural resources. Sums recovered by a State as trustee under this subsection shall be available for use only to restore, replace, or acquire the equivalent of such natural resources by the State. ”

“ No effect on certain persons Nothing in this subsection applies to a person if the person— (A) (i) acts in a capacity other than that of a fiduciary or in a beneficiary capacity; and (ii) in that capacity, directly or indirectly benefits from a trust or fiduciary relationship; or (B) (i) is a beneficiary and a fiduciary with respect to the same fiduciary estate; and (ii) as a fiduciary, receives benefits that exceed customary or reasonable compensation, and incidental benefits, permitted under other applicable law. ”

“ Response action A response action for which there are unrecovered costs of the United States is carried out at the facility. (B) Fair market value The response action increases the fair market value of the facility above the fair market value of the facility that existed before the response action was initiated. (4) Amount; duration A lien under paragraph (2) — (A) shall be in an amount not to exceed the increase in fair market value of the property attributable to the response action at the time of a sale or other disposition of the property ”

“ Demonstration To qualify as a person described in subparagraph (A) , a person must establish by a preponderance of the evidence that the conditions in clauses (i) through (viii) of subparagraph (A) have been met. ”

“ No judicial review A determination by the President under paragraph (2) shall not be subject to judicial review. (4) Definition of municipal solid waste (A) In general For purposes of this subsection, the term “municipal solid waste” means waste material— (i) generated by a household (including a single or multifamily residence) ; and (ii) generated by a commercial, industrial, or institutional entity, to the extent that the waste material— (I) is essentially the same as waste normally generated by a household ”