§ 38 §1362 — Definitions

Maine § 38 §1362

• Jurisdiction: Maine
• Title 38: WATERS AND NAVIGATION
• Ch. 13-B: UNCONTROLLED HAZARDOUS SUBSTANCE SITES

Text

As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings.
1.
Hazardous substance.
"Hazardous substance" means:
1-A.
Federal banking or lending agency.
"Federal banking or lending agency" means the Federal Deposit Insurance Corporation, the Resolution Trust Corporation, the Board of Governors of the Federal Reserve System, a federal reserve bank, a federal home loan bank, the United States Comptroller of the Currency, the Office of Thrift Supervision, the National Credit Union Administration, the Farm Credit Administration, the Farm Credit System Insurance Corporation, the Small Business Administration, the Farmers' Home Administration, the Rural Electrification Administration or the RECOLL Management Corporation.
1-B.
Lender.
"Lender" means any person, as defined by Title 9‑B, section 131, subsection 30, including a successor or assignee of that person, that makes a bona fide extension of credit to or takes or acquires a security interest from a nonaffiliated person; a financial institution or credit union authorized to do business in this State, as defined in Title 9‑B, section 131, subsections 12‑A and 17‑A; a financial institution that is acting through a service corporation as defined in Title 9‑B, section 131, subsection 37; or any federal or state banking or lending agency that provides loans, guarantees or other financial assistance. For the purpose of this subsection, the phrase "acting through" includes the assignment or transfer of an interest in real property acquired in satisfaction of a debt.
1-C.
Political subdivision.
"Political subdivision" means any city, town, plantation, county, administrative entity or instrumentality created pursuant to Title 30‑A, chapter 115 or 119, or quasi-municipal corporation or special purpose district, including, but not limited to, any water district or sanitary district.
1-D.
Fiduciary.
"Fiduciary" means a person who is:
1-E.
Site.
"Site" means a licensed or unlicensed area or location where hazardous substances are handled or were handled or otherwise came to be located. "Site" includes all structures, appurtenances, improvements, equipment, machinery, containers, tanks and conveyances on the site.
2.
Responsible party.
"Responsible party" means any one or more of the following persons:
2-A.
State banking or lending agency.
"State banking or lending agency" means any state agency that provides loans, guarantees or other financial assistance, including the Finance Authority of Maine, the Department of Economic and Community Development and the Maine State Housing Authority.
3.
Uncontrolled hazardous substance site.
"Uncontrolled hazardous substance site" or "uncontrolled site" means an area or location, whether or not licensed, at which hazardous substances are or were handled or otherwise came to be located, if it is concluded by the commissioner that the site poses a threat or hazard to the health, safety or welfare of any person or to the natural environment and that action under this chapter is necessary to abate, clean up or mitigate that threat or hazard. The term includes all contiguous land under the same ownership or control and includes without limitation all structures, appurtenances, improvements, equipment, machinery, containers, tanks and conveyances on the site.

Legislative History

PL 1983, c. 569, §1 (NEW). PL 1985, c. 746, §32 (AMD). PL 1987, c. 517, §29 (AMD). PL 1989, c. 878, §B42 (AMD). PL 1991, c. 811, §§1-3 (AMD). PL 1991, c. 811, §7 (AFF). PL 1993, c. 355, §§58,59 (AMD). PL 1993, c. 732, §A10 (AMD). PL 1999, c. 289, §1 (AMD). PL 2017, c. 402, Pt. C, §108 (AMD). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2017, c. 475, Pt. A, §67 (AMD). PL 2019, c. 315, §13 (AMD). PL 2019, c. 417, Pt. B, §14 (AFF). PL 2021, c. 117, §§1-3 (AMD). RR 2021, c. 1, Pt. A, §52 (COR).