PARRIS N. GLENDENING, Governor

Ch. 1

(1)     A HOLDER OF A MORTGAGE OR DEED OF TRUST ON A SITE OR A
SECURITY INTEREST IN PROPERTY LOCATED ON A SITE; OR

(2)     A HOLDER OF A MORTGAGE OR DEED OF TRUST WHO ACQUIRES
TITLE THROUGH FORECLOSURE OR DEED IN LIEU OF FORECLOSURE.

(x) (1) "Responsible person" means any person who:

(i) Is the owner or operator of a vehicle or a site containing a
hazardous substance;

(ii) At the time of disposal of any hazardous substance, was the owner
or operator of any site at which the hazardous substance was disposed;

(iii) By contract, agreement, or otherwise, arranged for disposal or
treatment, or arranged with a transporter for transport for disposal or treatment, of a
hazardous substance owned or possessed by such person, by any other party or entity, at
any site owned or operated by another party or entity and containing such hazardous
substances; or

(iv) Accepts or accepted any hazardous substance for transport to a
disposal or treatment facility or any sites selected by the person.

(2) "Responsible person" does not include:

(i) A person who can establish by a preponderance of the evidence
that at the time the person acquired an interest in a site containing a hazardous substance
the person did not know and had no reason to know that any hazardous substance which
is the subject of the release or threatened release was disposed of on, in, or at the site;
however, any person claiming an exemption from liability under this subparagraph must
establish that the person had no reason to know, in accordance with § 101(35)(B) of the
federal act, and that the person satisfied the requirements of § 107(b)(3)(a) of the federal
act;

(ii) A person who acquired a property containing a hazardous
substance by inheritance or bequest at the death of the transferor;

(iii) A person who, without participating in the day-to-day
management of a site containing a hazardous substance, holds indicia of ownership in the
site or in property located on the site primarily to protect, a valid and enforceable lien
unless that person directly causes the discharge of a hazardous substance on or from the
site;

(iv) A holder of a mortgage or deed of trust on a site containing a
hazardous substance or a holder of a security interest in property located on the site who
does not participate in the day-to-day management of the site unless that holder directly
causes the discharge of a hazardous substance on or from the site;

(v) A fiduciary who has legal title to a site containing a hazardous
substance or to property located on the site containing a hazardous substance for purpose
of administering an estate or trust of which the site or property located on the site is a
part unless the fiduciary:.

- 5 -