Nebraska Statutes 66-1514. Responsible person, defined
Responsible person shall mean a person who is an owner or operator of a tank. If an owner or operator is unwilling or unable or fails to comply with required remedial action or to pay a third-party claim, responsible person shall also mean any of the following who voluntarily propose to implement required remedial action or to pay the claim:
Terms Used In Nebraska Statutes 66-1514
- Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Action shall: include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Operator: shall mean a person in control of or having responsibility for the daily operation of a tank. See Nebraska Statutes 66-1508
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- Person shall: include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- Remedial action: shall mean any immediate or long-term response to a release or suspected release in accordance with rules and regulations adopted and promulgated by the department or the State Fire Marshal, including tank testing only in conjunction with a release or suspected release, site investigation, site assessment, cleanup, restoration, mitigation, and any other action ordered by the department or the State Fire Marshal which is reasonable and necessary. See Nebraska Statutes 66-1513
- Responsible person: shall mean a person who is an owner or operator of a tank. See Nebraska Statutes 66-1514
- Responsible person shall mean a person who: is an owner or operator of a tank. See Nebraska Statutes 66-1514
- Tank: shall mean any one or a combination of stationary aboveground or underground containers and enclosures, including structures and appurtenances connected to them, that is or has been used to contain or dispense petroleum, but tank shall not include any pipeline facilities, including gathering lines, regulated under the Natural Gas Pipeline Safety Act of 1968, 49 U. See Nebraska Statutes 66-1515
- Third-party claim: shall mean a final judgment against a responsible person obtained by a third party for compensation for bodily injury and property damage caused by a release first reported after January 1, 1990. See Nebraska Statutes 66-1515.01
- Trustee: A person or institution holding and administering property in trust.
(1) A person in the chain of title of a tank or in the property on or within which a tank is or was located;
(2) A person who holds a security interest in a tank or a lienhold interest in the property on or within which a tank is or was located; or
(3) A person who has acquired ownership of a tank or the property on or within which a tank is or was located:
(a) Pursuant to a foreclosure of a security interest in the tank or a lienhold interest in the property; or
(b) If the tank or the property was security for an extension of credit previously contracted, pursuant to a sale under judgment or decree, pursuant to a conveyance under a power of sale contained within a trust deed or from a trustee, or pursuant to an assignment or deed in lieu of foreclosure.
Such voluntary action shall not be construed to render such party responsible or liable for remedial action or payment of the claim.