Definitions

For purpose of this subchapter— The term “owner or operator” does not include, with respect to a facility conveyed to a Native village or Native Corporation (as those terms are defined in section 3 of the Alaska Native Claims Settlement Act [43 U.S.C. 1602]) under the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.]— The term “owner or operator” does not include a person that is a lender that did not participate in management of a vessel or facility prior to foreclosure, notwithstanding that the person— For purposes of subparagraph (F)— the term “participate in management”— a person that is a lender and that holds indicia of ownership primarily to protect a security interest in a vessel or facility shall be considered to participate in management only 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— the term “participate in management” does not include— As used in this chapter: The term “extension of credit” includes a lease finance transaction— The terms “foreclosure” and “foreclose” mean, respectively, acquiring, and to acquire, a vessel or facility through— The term “lender” means— The term “contractual relationship”, for the purpose of section 9607(b)(3) of this title, includes, but is not limited to, land contracts, deeds, easements, leases, or other instruments transferring title or possession, unless the real property on which the facility concerned is located was acquired by the defendant after the disposal or placement of the hazardous substance on, in, or at the facility, and one or more of the circumstances described in clause (i), (ii), or (iii) is also established by the defendant by a preponderance of the evidence: To establish that the defendant had no reason to know of the matter described in subparagraph (A)(i), the defendant must demonstrate to a court that— the defendant took reasonable steps to— In promulgating regulations that establish the standards and practices referred to in clause (ii), the Administrator shall include each of the following: With respect to property purchased before May 31, 1997, in making a determination with respect to a defendant described in clause (i), a court shall take into account— The term “service station dealer” means any person— The term “brownfield site” does not include— a facility that— a land disposal unit with respect to which— a portion of a facility— For the purposes of section 9604(k) of this title, the term “brownfield site” includes a site that— The term “bona fide prospective purchaser” means, with respect to a facility— a person who— a person— with respect to whom any of the following conditions apply: The criteria described in this subparagraph are as follows: The person exercises appropriate care with respect to hazardous substances found at the facility by taking reasonable steps to— The person— The person is not— potentially liable, or affiliated with any other person that is potentially liable, for response costs at a facility through— The term “eligible response site” includes— a site for which, notwithstanding the exclusions provided in subparagraph (C) or paragraph (39)(B), the President determines, on a site-by-site basis and after consultation with the State, that limitations on enforcement under section 9628 of this title at sites specified in clause (iv), (v), (vi) or (viii) of paragraph (39)(B) would be appropriate and will— The term “eligible response site” does not include— a facility for which the President—