---
kind: "section"
citation: "40 C.F.R. § 312.31"
title: "40"
number: "312.31"
heading: "The degree of obviousness of the presence or likely presence of contamination at the property, and the ability to detect the contamination by appropriate investigation."
url: "https://uscodex.org/cfr/40/312.31"
---

# §312.31. The degree of obviousness of the presence or likely presence of contamination at the property, and the ability to detect the contamination by appropriate investigation.

- (a) Persons to whom this part is applicable per [§ 312.1(b)](/cfr/40/312.1.md?p=b) and environmental professionals conducting an inquiry of a property on behalf of such persons must take into account the information collected under [§ 312.23 through 312.30](/cfr/40/312.23..312.30.md) in considering the degree of obviousness of the presence of releases or threatened releases at the subject property.
- (b) Persons to whom this part is applicable per [§ 312.1(b)](/cfr/40/312.1.md?p=b) and environmental professionals conducting an inquiry of a property on behalf of such persons must take into account the information collected under [§ 312.23 through 312.30](/cfr/40/312.23..312.30.md) in considering the ability to detect contamination by appropriate investigation. The inquiry of the environmental professional should include an opinion regarding additional appropriate investigation, if any.

## Notes

### Authority

Authority: Section 101(35)(B) of CERCLA, as amended, 42 U.S.C. 9601(35)(B).

### Source

Source: 70 FR 66107, Nov. 1, 2005, unless otherwise noted.