§ 23-19.14-3 - Definitions.
SECTION 23-19.14-3
§ 23-19.14-3 Definitions. – (a) "40 CFR" means that section or subsection of the code of federalregulations, title 40, protection of environment, chapter 1, environmentalprotection agency. References to the administrator, appearing therein, shall beinterpreted as referring to the director of the department of environmentalmanagement.
(b) "Bona fide prospective purchaser" means a person whointends to purchase a contaminated property, who has documented the intent topurchase the property in writing, and who has offered to pay fair market valuefor the property in the contaminated state. For purposes of this chapter, anyformer owner, former operator, or other person who is otherwise a responsibleparty or any person who had more than ten percent (10%) equitable or otherlegal interest in the site or any of the operations related to thecontamination cannot be considered as a bona fide prospective purchaser. Once apurchaser has certified their status as a bona fide prospective purchaser tothe department and the department has acknowledged receipt of suchcertification, a purchaser may maintain that status for up to one yearfollowing purchase of the property, unless it is subsequently found that thepurchaser did not meet the criteria for a bona fide prospective purchaser asoutlined in this section. If the department finds that substantial progress hasbeen made in investigating conditions of the site and/or meeting therequirements for a remedial decision letter, such status may be renewed by thedepartment for a specified period of time not to exceed one year for eachrenewal.
(c) "Hazardous materials" means any material or combinationor mixture of materials containing any hazardous substance in an amount andconcentration such that when released into the environment, that material canbe shown to present a significant potential to cause an acute or chronicadverse effect on human health or the environment. Hazardous material shallalso include any material that contains a hazardous waste. Hazardous materialdoes not include petroleum for the purposes of this chapter.
(d) "Hazardous substances" means any substance designated ashazardous pursuant to 40 CFR 300.5, as is or as amended. Hazardous substanceshall not include, for the purposes of this chapter, asbestos or radioactivematerials.
(e) "Hazardous wastes" means any material defined ashazardous waste pursuant to chapter 19.1 of this title, and the regulationspromulgated under chapter 19.1 of this title.
(f) "Operator" means the person responsible for the operationof the activities at the site.
(g) "Owner" means the person who owns the site or part of thesite.
(2) In the case of a receiver, the superior court supervisingthe receiver shall have jurisdiction to determine the nature and extent of thereceiver's obligations to comply with the provisions of this chapter. Anyobligation to comply with the provisions of this chapter shall be binding on areceiver solely in his or her fiduciary capacity.
(h) "Person" means an individual, trust, firm, joint stockcompany, corporation (including a government corporation), partnership,association, the federal government or any agency or subdivision of the federalgovernment, a state, municipality, commission, political subdivision of astate, or any interstate body.
(i) "Petroleum" means any virgin petroleum product includingthe following products:
(1) Unused distillate and residual oil, including but notlimited to gasoline, aviation fuels, kerosene, diesel, and heating oils.
(2) Unused crankcase oil, lubricants, hydraulic oils,penetrant oils, tramp oils, quench oils, and other industrial oils.
(j) "Release" shall be defined by 40 CFR 300.5 for purposesof this chapter, but shall also exclude any release from a process, activity,or source area allowed under a permit, license, or approval issued afterJanuary 1, 1987 by any regulatory process or legal authority or any release ofhazardous materials solely derived from common household materials andoccurring at the household.
(2) For purposes of this chapter, release also includes anactual or potential threat of release.
(k) "Remedial or response action" means those actions takento rectify the effects of a release of hazardous material, and/or petroleum sothat it does not cause a substantial danger to present or future public healthor welfare, or the environment.
(l) "Remediation" means the act of implementing, operating,and maintaining, a remedy, remedial action or response action.
(m) "Responsible party" has the meaning attributed to it bythe provisions of § 23-19.14-6 or 23-19.14-6.1.
(n) "Site" means all contiguous land, structures, and otherappurtenances and improvements on the land contaminated by the use, storage,release, or disposal of hazardous material including the extent ofcontamination and all suitable areas in very close proximity to thecontamination where it will be necessary to implement or conduct any requiredinvestigation or remedial action.
(o) "All appropriate inquiries" means an environmental duediligence process for assessing a property for presence or potential presenceof contamination, in accordance with requirements established by the departmentof environmental management that are not inconsistent with the provisions of 40CFR 312 establishing federal standards for all appropriate inquiries.
(p) "Letter of Compliance" means a formal, writtencommunication from the department signifying that the remedial action has beensatisfactorily completed and the objectives of environmental clean-up, pursuantto § 23-19.14-4 have been met.
(q) "Remedial Decision Letter" means a formal, writtencommunication from the department that approves a site investigation,identifies the preferred remedial alternative and authorizes the development ofa remedial action work plan in order to achieve the objectives of environmentalclean-up.