§ 23-19.14-3. Definitions.
(1) "40 C.F.R.� means that section or subsection of the code of federal regulations, title
40, protection of environment, chapter 1, environmental protection agency. References
to the administrator, appearing therein, shall be interpreted as referring to the
director of the department of environmental management.
(2) "All appropriate inquiries� means an environmental due diligence process for assessing
a property for the presence or potential presence of contamination, in accordance
with requirements established by the department of environmental management that are
not inconsistent with the provisions of 40 C.F.R. Part 312 establishing federal standards for all appropriate inquiries.
(3) "Bona fide prospective purchaser� means a person who intends to purchase a contaminated
property, who has documented the intent to purchase the property in writing, and who
has offered to pay fair market value for the property in the contaminated state. For
purposes of this chapter, any former owner, former operator, or other person who is
otherwise a responsible party or any person who had more than ten percent (10%) equitable
or other legal interest in the site or any of the operations related to the contamination
cannot be considered as a bona fide prospective purchaser. Once a purchaser has certified
their status as a bona fide prospective purchaser to the department and the department
has acknowledged receipt of such certification, a purchaser may maintain that status
for up to one year following purchase of the property, unless it is subsequently found
that the purchaser did not meet the criteria for a bona fide prospective purchaser
as outlined in this section. If the department finds that substantial progress has
been made in investigating conditions of the site and/or meeting the requirements
for a remedial decision letter, such status may be renewed by the department for a
specified period of time not to exceed one year for each renewal.
(4) "Hazardous materials� means any material or combination or mixture of materials containing
any hazardous substance in an amount and concentration such that when released into
the environment, that material can be shown to present a significant potential to
cause an acute or chronic adverse effect on human health or the environment. Hazardous
material shall also include any material that contains a hazardous waste. Hazardous
material does not include petroleum for the purposes of this chapter.
(5) "Hazardous substancesâ€� means any substance designated as hazardous pursuant to 40 C.F.R. § 300.5, as is or as amended. Hazardous substance shall not include, for the purposes of
this chapter, asbestos or radioactive materials. Hazardous substances shall include
per- and polyfluoroalkyl substances.
(6) "Hazardous wastes� means any material defined as hazardous waste pursuant to chapter
19.1 of this title, and the regulations promulgated under chapter 19.1 of this title.
(7) "Letter of compliance� means a formal, written communication from the department signifying
that the remedial action has been satisfactorily completed and the objectives of environmental
cleanup, pursuant to § 23-19.14-4 have been met.
(8) "Operator� means the person responsible for the operation of the activities at the
site.
(9)(i) "Owner� means the person who owns the site or part of the site.
(ii) In the case of a receiver, the superior court supervising the receiver shall have
jurisdiction to determine the nature and extent of the receiver's obligations to comply
with the provisions of this chapter. Any obligation to comply with the provisions
of this chapter shall be binding on a receiver solely in his or her fiduciary capacity.
(10) "Per- and polyfluoroalkyl substances� means perfluorooctanoic acid (PFOA), perfluorooctane
sulfonic acid (PFOS), perfluorohexane sulfonic acid (PFHxS), perfluorononanoic acid
(PFNA), and perfluoroheptanoic acid (PFHpA), and perfluorodecanoic acid (PFDA).
(11) "Person� means an individual, trust, firm, joint stock company, corporation (including
a government corporation), partnership, association, the federal government or any
agency or subdivision of the federal government, a state, municipality, commission,
political subdivision of a state, or any interstate body.
(12) "Petroleum� means any virgin petroleum product including the following products:
(i) Unused distillate and residual oil, including but not limited to gasoline, aviation
fuels, kerosene, diesel, and heating oils.
(ii) Unused crankcase oil, lubricants, hydraulic oils, penetrant oils, tramp oils, quench
oils, and other industrial oils.
(13)(i) "Releaseâ€� shall be defined by 40 C.F.R. § 300.5 for purposes of this chapter, but shall also exclude any release from a process,
activity, or source area allowed under a permit, license, or approval issued after
January 1, 1987, by any regulatory process or legal authority or any release of hazardous
materials solely derived from common household materials and occurring at the household.
(ii) For purposes of this chapter, release also includes an actual or potential threat
of release.
(14) "Remedial decision letter� means a formal, written communication from the department
that approves a site investigation, identifies the preferred remedial alternative,
and authorizes the development of a remedial action work plan in order to achieve
the objectives of environmental cleanup.
(15) "Remedial or response action� means those actions taken to rectify the effects of
a release of hazardous material, and/or petroleum so that it does not cause a substantial
danger to present or future public health or welfare, or the environment.
(16) "Remediation� means the act of implementing, operating, and maintaining, a remedy,
remedial action, or response action.
(17) "Responsible partyâ€� has the meaning attributed to it by the provisions of § 23-19.14-6 or § 23-19.14-6.1.
(18) "Site� means all contiguous land, structures, and other appurtenances and improvements
on the land contaminated by the use, storage, release, or disposal of hazardous material
including the extent of contamination and all suitable areas in very close proximity
to the contamination where it will be necessary to implement or conduct any required
investigation or remedial action.