75-11-703. Definitions. (1) The definitions used in this part are for the purpose of determining the eligibility of sites to receive and expend federal brownfields funding received by a grant recipient from the United States environmental protection agency under the federal Brownfields Revitalization and Environmental Restoration Act of 2001, Title II of Public Law 107-118.

(2) As used in this part, unless the context clearly indicates otherwise, the following definitions apply:

(a) "Brownfield site" means an abandoned, idle, blighted, or underutilized property, for which the expansion, redevelopment, or reuse of may be complicated by the presence or potential presence of hazardous substances, pollutants, or contaminants.

(b) "Brownfields redevelopment" means any work or undertaking by a person to acquire a brownfield site and to raze, demolish, remove, reconstruct, renovate, or rehabilitate the site or existing buildings, structures, or other improvements at the site for the purpose of promoting the use of the site for residential, commercial, industrial, or other purposes. The term does not include construction of new facilities on the site for any purpose other than environmental remediation activities.

(c) "Department" means the department of environmental quality provided for in 2-15-3501.

(d) "Eligible entity" means a city, town, county, consolidated city-county, tribal government, economic development organization, nonprofit organization, or state agency that has received federal brownfields funding from the environmental protection agency or other state agency.

(e) "Environmental remediation activities" means:

(i) investigation, analysis, and monitoring of a brownfields site to determine the existence and extent of actual or potential environmental pollution;

(ii) redevelopment planning; or

(iii) abatement, removal, or containment of environmental pollution at a brownfields site.

(f) "Hazardous substance" has the same meaning as provided in 75-10-602.

(g) "Petroleum" or "petroleum product" has the same meaning as provided in 75-11-302.

(h) "Petroleum tank release site" means a site where there has been a release from a petroleum storage tank and assessment or remediation, or both, are being pursued in accordance with Title 75, chapter 11, part 3.

(i) "Reasonable steps" means, as appropriate, stopping continuing releases, preventing threatened future releases, or preventing or limiting human, environmental, or natural resource exposure to previous petroleum, petroleum product, or hazardous substance releases. The term may include limiting access to the property, monitoring known contaminants, and complying with state, local, or both state and local requirements.

(j) "Responsible party" means:

(i) a person responsible for conducting the assessment, investigation, and cleanup at a brownfield site as determined through:

(A) a judgment rendered in a court of law or an administrative order;

(B) an enforcement action by federal authorities or the department; or

(C) a citizen suit, contribution action, or other third-party claim brought against the current owner of a brownfield site; or

(ii) a current owner of a brownfield site who:

(A) dispensed or disposed of petroleum or petroleum product or hazardous substance contamination at the site;

(B) exacerbated existing contamination at the site;

(C) owned the site when any dispensing or disposal of petroleum or hazardous substances by others took place; or

(D) failed to take reasonable steps with regard to contamination at the site.

(k) "Viable responsible party" means a responsible party determined by the department to have the financial capability to conduct environmental remediation activities at a brownfield site.