B. Any substance described in 34.1.03(m)(1)(A) which:
i. Will persist in a hazardous form for several years or more at a disposal
site and which in its persistent form:
a. presents a significant environmental hazard and may be
concentrated by living organisms through a food chain or may
affect the genetic make-up of man or wildlife, and
b. is highly toxic to man or wildlife;
ii.
If disposed of at a disposal site in such quantities as would present an
extreme hazard to man or the environment.
C. any substance that, on the date of enactment of this Chapter is a hazardous
substance under Section 101(14) of the federal cleanup law, 42 U.S.C.
9601(14), and
D. Petroleum or petroleum products, and
E. Any substance at levels that exceed acceptable human health or ecological risk
levels as determined pursuant to 34-1.03 (a) and (b), respectively, and
F. Any substance or category of substances, including solid waste decomposition
products, determined by the Department to present a threat to human health or
the environment if released into the environment.
(2) The term hazardous substance does not include crude oil or any fraction thereof or
petroleum when:
A. Contained in an underground storage tank from which there is not a release, if
the tank is in compliance with all applicable federal and Tribal laws, or
B. Contained in an underground storage tank from which there is or has been a
release and its owner or operator is working diligently toward a corrective action
with a governmental entity having proper jurisdiction over the matter.
(n) “Hazardous substances account” means an account of money set aside for uses described in
Section 34-1.08.
(o) “Holder” means a person who holds indicia of ownership primarily to protect a security interest.
A holder includes the initial holder such as the loan originator, any subsequent holder such as a
successor-in-interest or subsequent purchaser of the security interest on the secondary market,
a guarantor of an obligation, surety, or any other person who holds indicia of ownership
primarily to protect a security interest, or a receiver, court-appointed trustee, or other person
who acts on behalf or for the benefit of a holder.
(1) A holder can be a public or privately owned financial institution, receiver, conservator;
loan guarantor, or other similar persons that loan money or guarantee repayment of a
loan.
(2) Holders typically are banks or savings and loan institutions but may also include others
such as insurance companies, pension funds, or private individuals that engage in
loaning of money or credit.
(p) "Incremental Risk" means the risk attributable to the release alone.
(q) “Independent remedial actions” means remedial actions conducted without Department
oversight or approval, and not under an order, agreed order, or consent decree.
(r) “Indicia of ownership” means evidence of a security interest, evidence of an interest in a
security interest, or evidence of an interest in a facility securing a loan or other obligation,
including any legal or equitable title to a facility acquired incident to foreclosure and its
equivalents. Evidence of such interests includes, mortgages, deeds of trust, sellers interest in a
real estate contract, hens, surety bonds, and guarantees of obligations, title held pursuant to a
lease financing transaction in which the lessor does not select initially the leased facility, or legal
or equitable title obtained pursuant to foreclosure and their equivalents.
(1) Evidence of such interests also includes assignments, pledges, or other rights to or other
forms of encumbrance against the facility that are held primarily to protect a security
interest.
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Revised Spokane Law & Order Code, 5/14/2013