Definitions

For the purposes of this Act, the term— “owner or operator”— means— notwithstanding subparagraph (B)(i), and in the same manner and to the same extent, both procedurally and substantively, as any nongovernmental entity, including for purposes of liability under section 2702 of this title, any State or local government that has caused or contributed to a discharge or substantial threat of a discharge of oil from a vessel or facility ownership or control of which was acquired involuntarily through— notwithstanding subparagraph (B)(ii), a person that is a lender and that holds indicia of ownership primarily to protect a security interest in a vessel or facility if, while the borrower is still in possession of the vessel or facility encumbered by the security interest, the person— exercises control at a level comparable to that of a manager of the vessel or facility, such that the person has assumed or manifested responsibility— does not include— A unit of state or local government that acquired ownership or control of a vessel or facility involuntarily through— a person that is a lender that did not participate in management of a vessel or facility prior to foreclosure, notwithstanding that the person— “responsible party” means the following: “tank vessel” means a vessel that is constructed or adapted to carry, or that carries, oil or hazardous material in bulk as cargo or cargo residue, and that— “participate in management”— does not include—