4808 EVERGREEN WAY SUITE A & B THE KUSHERY 2021-09-22

environmental professional "[A]person meeting the education,training,and experience requirements as set forth in 40 CFR 312.10(b)." good faith "[T]he absence of any intention to seek an unfair advantage or to defraud another party;an honest and sincere intention to fulfill one's obligations in the conduct or transaction concerned." hazardous substance "A substance defined as a hazardous substance pursuant to CERCLA 42 USC §9601 (14), as interpreted by EPA regulations and the courts..." historical recognized environmental condition(HREC) "A past release of any hazardous substances or petroleum products that has occurred in connection with the property and has been addressed to the satisfaction of the applicable regulatory authority or meeting unrestricted use criteria established by a regulatory authority,without subjecting the property to any required controls(for example, property use restrictions, activity and use limitations, institutional controls,or engineering controls)." landowner liability protections(LLPs) "[L]andowner liability protections under CERCLA; these protections include the bona fide prospective purchaser liability protection, contiguous property owner liability protection,and innocent landowner defense from CERCLA liability." lead-based paint(LBP) Paint with lead levels equal to or exceeding 1.0 milligram per square centimeter(mg/cm2)or 0.5 percent by weight. lead-containing paint(LCP) Paint containing any detectable levels of lead. practically reviewable "[I]nformation that is practically reviewable means that the information is provided by the source in a manner and in a form that,upon examination,yields information relevant to[the Site)without the need for extraordinary analysis of irrelevant data." reasonably ascertainable "[I]nformation that is(1)publically available,(2)obtainable from its source within reasonable time and cost constraints,and(3)practically reviewable." recognized environmental conditions(RECs) "[T]he presence or likely presence of any hazardous substances or petroleum products in,on,or[the Site] 1)due to any release to the environment, 2: under conditions indicative of a release to the environment or 3) under conditions that indicate an existing release, a past release,or pose a material threat of a future release to the environment." significant data gap A significant data gap affects the ability of an Environmental Professional to identify a REC, and therefore, effects the conclusions of a Phase I ESA. underground storage tank(UST) "[A]ny tank,including underground piping connected to the tank,that is or has been used to contain hazardous substances or petroleum products and the volume of which is 10 percent or more beneath the surface of the ground." user "[T]he party seeking to use[ASTM E1527-13]to complete a [Phase I ESA]of[the Site].A user may include,without limitation,a potential purchaser of[the Site],a potential tenant of[the Site]....The user has specific obligations for completing a successful application of[ASTM E1527-13]...." MI - RILEYGROUP