US Laws, Codes, Statutes & Cases

A. In this article, unless the context otherwise requires:

1. "Characterization" means a process to determine the nature, degree and extent of contaminants at a site or a portion of a site.

2. "Contaminant" means any substance that has been released to the environment and that qualifies as any of the following:

(a) A hazardous substance as defined in section 49-201.

(b) A pollutant as defined in section 49-201.

3. "Engineering control" has the same meaning prescribed in section 49-151.

4. "Environmental claim" means a claim for defense or indemnity submitted under a general liability insurance policy by an insured in response to a claim of potential liability for bodily injury or property damage arising from a release of pollutants onto or into land, air or water.

5. "Institutional control" has the same meaning prescribed in section 49-151.

6. "Insured" means any person who is included as a named insured on a general liability insurance policy and who has or had a property interest in a site in this state that involves an environmental claim.

7. "Person" has the same meaning prescribed in section 49-201.

8. "Remediation" means action taken to address a contaminant by reducing the level of the contaminant in the environment or preventing or reducing exposure to the contaminant.

9. "Site" means the areal extent of contamination.

10. "Source" means a site or portion of a site where a contaminant is or may be released to waters of the state.

11. "Waters of the state" has the same meaning prescribed in section 49-201.