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used to describe this practice, although an environmental compliance audit may include an environmental <br /> site assessment or,if prior audits are available,may be part of an environmental site assessment. <br /> environmental lien—a charge, security, or encumbrance upon title to a property to secure the payment of <br /> a cost, damage, debt, obligation, or duty arising out of response actions, cleanup, or other remediation of <br /> hazardous substances or petroleum products upon a property, including(but not limited to) liens imposed <br /> pursuant to CERCLA 42 USC §§9607(1) & 9607(r) and similar state or local laws. <br /> environmental professional— a person meeting the education, training, and experience requirements as <br /> set forth in 40 CFR§312.10(b). The person may be an independent contractor or an employee of the user. <br /> environmental site assessment (ESA) - the process by which a person or entity seeks to determine if a <br /> particular parcel of real property (including improvements) is subject to recognized environmental <br /> conditions. At the option of the user, an environmental site assessment may include more inquiry than <br /> that constituting all appropriate inquiry or, if the user is not concerned about qualifying for the LLPs, less <br /> inquiry than that constituting all appropriate inquiries. An environmental site assessment is both different <br /> from, and less rigorous than, an environmental compliance audit. <br /> ERNS list — EPA's emergency response notification system list of reported CERCLA hazardous <br /> substance releases or spills in quantities greater than the reportable quantity, as maintained at the National <br /> Response Center. Notification requirements for such releases or spills are codified in 40 CFR Parts 302 <br /> and 355. <br /> Federal Register, (FR) —publication of the United States government published daily (except for federal <br /> holidays and weekends) containing all proposed and final regulations and some other activities of the <br /> federal government. When regulations become final,they are included in the Code of Federal Regulations <br /> (CFR), as well as published in the Federal Register. <br /> fill dirt— dirt, soil, sand, or other earth, that is obtained off-site, that is used to fill holes or depressions, <br /> create mounds, or otherwise artificially change the grade or elevation of real property. It does not include <br /> material that is used in limited quantities for normal landscaping activities. <br /> fire insurance maps — maps produced for private fire insurance map companies that indicate uses of <br /> properties at specified dates and that encompass the property. These maps are often available at local <br /> libraries,historical societies,private resellers, or from the map companies who produced them. <br /> good faith — the absence of any intention to seek an unfair advantage or to defraud another party; an <br /> honest and sincere intention to fulfill one's obligations in the conduct or transaction concerned. <br /> hazardous substance - a substance defined as a hazardous substance pursuant to CERCLA 42 USC <br /> §9601(14), as interpreted by EPA regulations and the courts: "(A) any substance designated pursuant to <br /> section 1321(b)(2)(A) of Title 33, (B) any element, compound, mixture, solution, or substance designated <br /> pursuant to 9602 of this title, (C) any hazardous waste having the characteristics identified under or listed <br /> pursuant to section 3001 of the Resource Conservation and Recovery Act of 1976 (RCRA), as amended, <br /> (42 USC §6921) (but not including any waste the regulation of which under RCRA (42 USC §§6901 et <br /> seq.) has been suspended by Act of Congress), (D) any toxic pollutant listed under section 1317(a) of <br /> Title 33, (E) any hazardous air pollutant listed under section 112 of the Clean Air Act (42 USC §7412), <br /> and(F) any imminently hazardous chemical substance or mixture with respect to which the Administrator <br /> (of EPA) has taken action pursuant to section 2606 of Title 15. The term does not include petroleum, <br /> including crude oil or any fraction thereof which is not otherwise specifically listed or designated as a <br />