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hazardous substance under subparagraphs (A) through (F) of this paragraph, and the term does not
<br /> include natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures
<br /> of natural gas and such synthetic gas)."
<br /> hazardous waste - any hazardous waste having the characteristics identified under or listed pursuant to
<br /> Section 3001 of RCRA, as amended, (42 USC §6921) (but not including any waste the regulation of
<br /> which under RCRA (42 USC §§6901 — 6992k) has been suspended by Act of Congress). RCRA is
<br /> sometimes also identified as the Solid Waste Disposal Act. RCRA defines hazardous waste, at 42 USC
<br /> §6903, as: "a solid waste, or combination of solid wastes, which because of it's quantity, concentration, or
<br /> physical, chemical, or infectious characteristics may- (A) cause, or significantly contribute to an increase
<br /> in mortality or an increase in serious irreversible, or incapacitating illness; or (B) pose a substantial
<br /> present or potential hazard to human health or environment when improperly treated, stored, transported,
<br /> or disposed of, or otherwise managed."
<br /> hazardous waste%ontaminated sites — sites on which a release has occurred, or is suspected to have
<br /> occurred, of any hazardous substance, hazardous waste, or petroleum products, and that release or
<br /> suspected release has been reported to a government entity.
<br /> historical recognized environmental condition — a past release of any hazardous substances or
<br /> petroleum products that has occurred in connection with the property and has been addressed to the
<br /> satisfaction of the applicable regulatory authority or meeting unrestricted use criteria established by a
<br /> regulatory authority, without subjecting the property to any required controls (for example,property use
<br /> restrictions,activity use limitations, institutional controls, or engineering controls).
<br /> ICIEC registries—databases of institutional controls or engineering controls that may be maintained by a
<br /> federal, state or local environmental agency for purposes of tracking sites that may contain residual
<br /> contamination and AULs. The names of these may vary from program to program and state to state, and
<br /> include terms such as Declaration of Environmental Use Restriction database (Arizona), list of "deed
<br /> restrictions" (California), environmental real covenants list (Colorado), Brownfields site list (Indiana,
<br /> Missouri) and the Pennsylvania Activity and Use Limitation(PA AUL)Registry.
<br /> innocent landowner defense — (42 USC §9601(35) and §9607(b)(3)) — a person may qualify as one of
<br /> three types of innocent landowners: (i) a person who "did not know and had no reason to know" that
<br /> contamination existed on the property at the time the purchaser acquired the property; (ii) a government
<br /> entity which acquired the property by escheat, or through any other involuntary transfer of acquisition, or
<br /> through the exercise of eminent domain authority by purchase or condemnation; and (iii) a person who
<br /> "acquired the facility by inheritance or bequest." To qualify for the innocent landowner defense, such
<br /> person must have made all appropriate inquiries on or before the date of purchase. Furthermore, the all
<br /> appropriate inquiries must not have resulted in knowledge of the contamination. If it does, then such
<br /> person did "know" or "had reason to know" of contamination and would not be eligible for the innocent
<br /> landowner defense. There are other necessary requirements that are beyond the scope of ASTM E1527-
<br /> 13.
<br /> institutional controls (IC) — a legal or administrative restriction (for example, "deed restrictions,"
<br /> restrictive covenants, easements, or zoning) on the use of, or access to, a site or facility to (1) reduce or
<br /> eliminate potential exposure to hazardous substances or petroleum products in the soil or groundwater on
<br /> the property, or (2) to prevent activities that could interfere with the effectiveness of a response action, in
<br /> order to ensure maintenance of a condition of no significant risk to public health or the environment. An
<br /> institutional control is a type of Activity and Use Limitation (AUL).
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