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GLOSSARY OF TERMS AND ACRONYMS <br /> abandoned property—property that can be presumed to be deserted, or an intent to relinquish possession <br /> or control can be inferred from the general disrepair or lack of activity thereon such that a reasonable <br /> person could believe that there was an intent on the on the part of the current owner to surrender rights to <br /> the property. <br /> activity and use limitations—legal or physical restrictions or limitations on the use of, or access to, a site <br /> or facility: (1)to reduce or eliminate potential exposure to hazardous substances or petroleum products in <br /> the soil or groundwater on the property, or (2) to prevent activities that could interfere with the <br /> effectiveness of a response action, in order to ensure maintenance of a condition of no significant risk to <br /> public health or the environment. These legal or physical restrictions, which may include institutional <br /> and/or engineering controls, are intended to prevent adverse impacts to individuals or populations that <br /> may be exposed to hazardous substances and petroleum products in the soil, soil vapor, groundwater, <br /> and/or surface water on the property. <br /> actual knowledge-the knowledge actually possessed by an individual who is a real person,rather than an <br /> entity. Actual knowledge is to be distinguished from constructive knowledge, that is, knowledge imputed <br /> to an individual or entity. <br /> adjoining properties - any real property or properties the border of which is contiguous or partially <br /> contiguous with that of the property, or that would be contiguous or partially contiguous with that of the <br /> property but for a street,road, or other thoroughfare separating them. <br /> aerial photographs — photographs taken from an aerial platform with sufficient resolution to allow <br /> identification of development and activities of areas encompassing the property. Aerial photographs are <br /> often available from government agencies or private collections unique to a local area. <br /> all appropriate inquiry — that inquiry constituting "all appropriate inquiry into the previous ownership <br /> and uses of the property consistent with good commercial or customary practice"as defined in CERCLA, <br /> 42 USC § 9601 (35)(B) that will qualify a party to a commercial real estate transaction for one of the <br /> threshold criteria for satisfying the LLPs to CERCLA, (42 USC §9601(A) and (B) and 9607(b)(3), <br /> §9607(q); and §9607(r)) liability assuming compliance with other elements of the defense. <br /> antecedent environmental liabilities - Liabilities that arise from a problem that is solely the result of a <br /> previous third party's activities, and yet attach to a subsequent owner and/or operator of a property. <br /> approximate minimum search distance — the area for which records must be obtained and reviewed <br /> pursuant to Section 8 subject to the limitations provided in that section. This may include areas outside <br /> the property and shall be measured from the nearest property boundary. This term is used in lieu of radius <br /> to include irregularly shaped properties. <br /> bona fide prospective purchaser liability protection — (42 USC §9607(r)) — a person may qualify as a <br /> bona fide prospective purchaser if, among other requirements, such person made"all appropriate inquiries <br /> into the previous ownership and uses of the facility in accordance with generally accepted good <br /> commercial and customary standards and practices." Knowledge of contamination resulting from all <br /> appropriate inquiry would not generally preclude this liability protection. A person must make all <br /> appropriate inquiries on or before the date of purchase. The facility must have been purchased after <br /> January 11,2002. <br />