§ 13-20-702 — Definitions

As used in this part 7, unless the context otherwise
requires:

(1) Contaminate or pollute, contaminating or polluting, or contamination
or pollution means contamination or pollution of air, water, real or personal
property, animals, or human beings from a location in the state of Colorado,
including, without limitation, contamination or pollution from hazardous waste and
substances.

(2) Lender-owner means any person or entity which has a bona fide
security interest in or mortgage or lien on, and which forecloses on or receives an
assignment or deed in lieu of foreclosure and becomes the owner of, real or
personal property and the foreclosure, deed in lieu, or assignment is not primarily
for the purposes of avoiding third-party liability.

(3) Representative means any person or entity acting in the capacity of a
receiver, conservator, guardian ad litem, personal representative of a deceased
person, or trustee or fiduciary of real or personal property; except that the terms
trustee and fiduciary shall be limited to entities acting as trustee or fiduciary and
which are chartered by the division of banking or division of financial services, the
office of the United States comptroller of the currency, or the office of thrift
supervision.

(4) Third parties means persons or entities other than governmental
entities seeking to enforce federal, state, or local environmental statutes,
ordinances, regulations, permits, or orders.

(5) Third-party liability means liability to third parties for any claims arising
out of or resulting from contamination or pollution, including, without limitation,
claims for personal injury, consequential damages, lost profits, exemplary
damages, or property damages, but does not include liability for the cost of
cleaning up contamination or pollution.

Legislative History

Source: L. 90: Entire part added, p. 865, � 2, effective July 1.