66-1514. Responsible person, defined.

232 words·~1 min read·/ne/chapter-66/66-1514

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Responsible person shall mean a person who is an owner or operator of a tank. If an owner or operator is unwilling or unable or fails to comply with required remedial action or to pay a third-party claim, responsible person shall also mean any of the following who voluntarily propose to implement required remedial action or to pay the claim:

(1)A person in the chain of title of a tank or in the property on or within which a tank is or was located;

(2)A person who holds a security interest in a tank or a lienhold interest in the property on or within which a tank is or was located; or

(3)A person who has acquired ownership of a tank or the property on or within which a tank is or was located:

(a)Pursuant to a foreclosure of a security interest in the tank or a lienhold interest in the property; or

(b)If the tank or the property was security for an extension of credit previously contracted, pursuant to a sale under judgment or decree, pursuant to a conveyance under a power of sale contained within a trust deed or from a trustee, or pursuant to an assignment or deed in lieu of foreclosure.

Such voluntary action shall not be construed to render such party responsible or liable for remedial action or payment of the claim.