### Question
How is the term fiduciary capacity defined?


### Answer
The term **fiduciary capacity** is defined in *42 U.S.C. § 9607* as the following:

> the capacity of a person in holding title to a vessel or facility, or otherwise having control of or an interest in the vessel or facility, pursuant to the exercise of the responsibilities of the person as a fiduciary

#### Citation:
  - *42 U.S.C. § 9607*
  - Heading: **CHAPTER 103-COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY > SUBCHAPTER I-HAZARDOUS SUBSTANCES RELEASES, LIABILITY, COMPENSATION**

