ARCHIVED REPORTS_XR0011995 - Laserfiche WebLink

Home Browse Search

de minimis conditions - conditions that generally do not present a material risk of harm to public health 160or the environment and that generally would not be the subject of an enforcement action if brought to the attentions of appropriate governmental agencies. DTSC- California Department of Toxic Substances Control due diligence - the process of inquiring into the environmental characteristics of a parcel of commercial real estate or other conditions, usually in connection with a commercial real estate transaction_ The t., degree and kind of due diligence vary for different properties and differing purposes. environmental site assessment (ESA) - the process by which a person or entity seeks to determine if a particular parcel of real property (including improvements) is subject to recognized environmental conditions. At the option of the user, an environmental site assessment may include more inquiry than that constituting appropriate inquiry or, if the user is not concerned about qualifying for the innocent landowner defense, less inquiry than that constituting appropriate inquiry. An environmental site assessment is both different from, and less rigorous than,the environmental audit, environmental professional- a person possessing sufficient training and experience necessary to conduct �' a site reconnaissance, interviews, and other activities in accordance with Practice E 1527, and from the information generated by such activities, having the ability to develop conclusions regarding recognized environmental conditions in connection with the property in question. t ERNS- Emergency Response Notification System %W hazardous substance - a substance defined as a hazardous substance pursuant to CERCLA 42 USC § 9601(14), as interpreted by EPA regulations and the courts. hazardous waste - any hazardous waste having the characteristics identified under or listed pursuant to Section 3001 of the Solid Waste Disposal Act (42 USC § 6921) (but not including any waste the regulation of which under the Solid Waste Disposal Act (42 USC § 6901 et seq.) has been suspended by Act of Congress). The Solid Waste Disposal Act of 1980 amended RCRA. The RCRA defines hazardous waste, in 42 § 6903, as: "a solid waste, or combination of solid wastes, which because of it's quantity, concentration, or physical, chemical, or infectious characteristics may - (A) cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating illness, or (B) pose a substantial present or potential hazards to human health or environment when improperly treated, stored,transported, or disposed of, or otherwise managed." historical recognized environmental condition — an environmental condition which in the past would have been considered a recognized environmental condition, but which may or may not be considered a recognized environmental condition currently. 46w innocent landowner defense - that defense to CERCLA liability provided in 42 USC § 9601(35) and § 9607(b)(3). One of the requirements for this defense is that the party makes "all appropriate inquiry I., into the previous ownership and uses of the property consistent with good commercial or customary practice." There are additional requirements to qualify for this defense. landfill- a place, location, tract of land, area, or premises used for the disposal of solid wastes as defined by state solid waste regulations. The term is synonymous with the term solid waste disposal site and is also known as a garbage dump, trash dump,or similar term.