Laserfiche WebLink
Donna schimeck -2- July 18, 1990 <br /> y <br /> i <br /> As the attached memo indicates, the definition of a responsible <br /> party for state-funded sites is limited to (F1 ) current owners <br /> and operators of facilities, ( 2) owners for operators of <br /> facilities at the time of disposal of hazardous substances, <br /> (3) persons who arrange for disposal, treatment, or transport of <br /> hazardous substances owned by such persons, `ar (4 ) any person <br /> accepting hazardous substances for trangport to disposal or <br /> treatment facilities . <br /> Unless the named party falls into one of the above categories, <br /> she would not be a responsible party. <br /> `7 y r 1 ) and ( 2? rs�a�;ve Alr�wlir rolavarst to t : e presenttnqu xy <br /> ri�ren my preserit k,iiow1(:dge of the facts' <br /> If <br /> The named party has asserted that she was not the owner or <br /> operator of the facilities at the time of disposal of hazardous <br /> substances and is not the current legal!lowner of the <br /> It should be noted ho - ,f#Fal - �^, v way° br -*th or..rne <br /> El! j 1 1 €;a. �s : �_� d in t ac L: be apart-y i� a€� of the contiin"I'ma�.i_Lnt7.':CUrr-Od Pr101 tof. Lh+, ,[3ropcLrty <br /> Assuming that the assertions of nonownership at the time of <br /> disposal are correct, the question of responsibility turns on <br /> whether by virtue of holding a first deed of trust to the <br /> property, the named party falls into the category of an owner. <br /> The relevant definitions (see 42 USC 619601 ( 20 ) (A) ) provide that <br /> the term "owner" does not include a person who, without <br /> participating in the management of a facility, holds in indicia <br /> of ownership primarily to protect a security interest in the <br /> facility. On the surface, that would eippear to be the case <br /> here. <br /> 1 I <br /> However, cases interpreting S ; r�-) 1)_1 ( 2 'k1 (A) have e t a <br /> t_ e_ ox r!c _asses oil t.�l� co—aminated PrOpex [.y, <br /> fay Ux =y tiv3 t i_ 'moi O Axl t 1.�i11 Zr r .�C:l s4iiup taotit.cl A n�erred. <br /> 11 11 _ AM rust <br /> Co. 632 F.Sup . 573 ( 1986 ) , an exe tion c11:1 <br /> Wiere- the Secu ty h{)ldr� ° part t rsR' }.,} ter_; in the Ll'arlaE=v F <br /> t csp u�xcss► of she favi city . v. i'� - ra Env.L. <br /> Consequently, if as a result of the foreclosure proceedings, the <br /> named party resumes ownership of the pioperty before cleanup <br /> costa are incurred, she could certainly bej�held liable for those <br /> costs . <br /> i <br />