Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 30 - Site Remediation › Part 1 - Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases › Section 250-RICR-140-30-1.4 - Definitions

Current through June 14, 2024
A. For the purpose of these Rules and
				  Regulations, the following terms shall have the following meanings:
1. "Active well" means a well-equipped and
				  capable of producing potable water which has been used for this purpose within
				  the last 2 years.
2. "All
				  appropriate inquiries" or "AAI" means the process of conducting due diligence
				  or an ASTM Phase I Environmental Site Assessment to determine prior uses and
				  ownership of a property and assess conditions at the property that may be
				  indicative of Releases or threatened Releases of hazardous substances at, on,
				  in, or to the property as defined by
				  40 C.F.R. §
												312.
3. "Aquifer" means a geologic formation,
				  group of formations, or part of a formation capable of yielding a significant
				  amount of groundwater to wells, springs or Surface Water.
4. "Asbestos" means any material consisting
				  of the following materials: actinolite, amosite, anthophylite, chrysotile,
				  crocidolite or tremolite.
5.
				  "Authorized representative" means any individual employed by any Person,
				  including all forms of private, governmental and commercial entities included
				  there under, in a position to commit the resources of that Person and bind that
				  Person to any responsibilities and/or liabilities set forth under these
				  regulations.
6. "Background" means
				  the ambient concentrations of Hazardous Substances present in the environment
				  that have not been influenced by human activities, or the ambient
				  concentrations of Hazardous Substances consistently present in the environment
				  in the vicinity of the Contaminated-Site which are the result of human
				  activities unrelated to Releases at the Contaminated-Site.
7. "Bedrock" means the continuous solid rock
				  that underlies gravel, soil or other surficial material, including any
				  fractured zones within said rock.
8. "Bona fide prospective purchaser" means an
				  intentional purchaser of a Contaminated-Site, who had documented their intent
				  to purchase the property in writing and who has offered to pay fair market
				  value for the property in the contaminated state. Any former Owner, former
				  Operator or other Person who is otherwise a Responsible Party or any Person who
				  had more than ten percent (10%) equitable or other legal interest in any
				  property impacted by the Contaminated-Site or any of the operations related to
				  the contamination cannot be considered as a Bona Fide Prospective Purchaser.
				  Parties meeting these requirements above as a Bona Fide Prospective Purchaser
				  may petition the Department prior to property purchase, for a certificate to
				  formalize their exemption status under R.I. Gen. Laws §
											23-19.14-7.
9. "Carcinogenic substance" means any
				  substance defined as a carcinogen or suspected carcinogen by federal agencies
				  and for which a quantitative health risk extrapolation is available.
10. "CERCLA" means the federal Comprehensive
				  Environmental Response, Compensation and Liability Act (Superfund),
				  42 U.S.C. §
												9601 et seq.
11. "Child care facility" means any person,
				  firm, corporation, association or agency who, on a regular or irregular basis,
				  receives any child under the age of sixteen (16) years, for the purpose of care
				  and/or supervision, not in a home or residence, apart from his parent or
				  guardian for any part of a twenty-four (24) hour day irrespective of
				  compensation or reward as subject to regulation by the Rhode Island Department
				  of Children, Youth and Families. It shall include child care programs that are
				  offered to employees at the worksite.
12. "Clean soil" means soil that has not been
				  impacted, contaminated, adversely affected, or subject to a Release of
				  Hazardous Materials, State or federally defined Hazardous Waste, petroleum,
				  asbestos, PCB's, radioactive materials, or solid waste.
a. Soil meeting:
(1) The Department's Method 1 - Residential
				  Direct Exposure Criteria Table 1, §1.9.2(C)(2) of this Part,
				  and,
(2) The TPH direct exposure,
				  and leachability criteria of 500 ppm, and,
(3) Meeting all other State, and federal
				  requirements specific to petroleum, asbestos, radioactive material, PCB's,
				  solid waste, and other criteria as determined by the Director;
b. Shall be deemed "Clean Soil" as
				  defined above. For cases where naturally occurring background levels of arsenic
				  or beryllium may exceed the above standards of §§
												1.4(A)(12)(a)
				  ((1)) through ((3)) of this Part, the Department may be petitioned to make a
				  site specific background determination for compliance with the regulatory
				  definition.
13.
				  "Container" means any portable device in which a material is stored,
				  transported, treated, disposed of or otherwise handled.
14. "Contaminated-site" means any Source Area
				  or series of Source Areas that have not reached final resolution under this
				  Part. A Contaminated-Site may include unimpacted land between multiple Source
				  Areas in close proximity to one another. A Contaminated-Site shall be
				  considered to be independent of property lines.
15. "Department" means the Department of
				  Environmental Management.
16.
				  "Direct exposure criteria" means the concentrations of Hazardous Substances in
				  soil protective of human health and the environment from exposures including
				  but not limited to ingestion as identified in Table 1, §1.9.2(C)(2) of
				  this Part or any other Direct Exposure Criteria approved by the Director
				  pursuant to §§1.9.2(D) or 1.9.4 of this Part.
17. "Director" means the Director of the
				  Department of Environmental Management, or that Director's designee.
18. "Emergency" or "short-term response
				  action" means any activities undertaken immediately following the discovery of
				  a Release of Hazardous Material in order to completely or partially contain,
				  clean up or treat the Released material and/or remove an Imminent Hazard if it
				  exists.
19. "Environmental justice"
				  means the fair treatment and meaningful involvement of all people regardless of
				  race, color, national origin, English language proficiency, or income with
				  respect to the development, implementation, and enforcement of environmental
				  laws, regulations, and policies.
20. "Environmental justice focus areas" means
				  areas defined by United States Census block groups that are in the highest
				  fifteen percent (15%) of all Census block groups in Rhode Island with respect
				  to the percent population identified as racial minorities or the highest
				  fifteen percent (15%) of Rhode Island census block groups with respect to
				  percent population with income identified as being twice the federal poverty
				  level or below (utilizing the most recent and readily available data from the
				  United States Census).
21.
				  "Environmentally sensitive area" means any of the following areas:
a. Areas which provide habitat for Federally
				  endangered or threatened species as determined by the U.S. Department of Fish
				  and Wildlife;
b. Areas which
				  provide habitat for State endangered or threatened species as determined by the
				  Department through the Natural Heritage Program;
c. Surface Water classified A, B or C by the
				  Department or Wetlands;
d. Coastal
				  areas designated as Type 1 Conservation Areas or Type 2 Low-Intensity Use by
				  the Rhode Island Coastal Resources Management Council;
e. Tidal waters classified SA by the
				  Department;
f. State parks,
				  management areas, wildlife areas or marine sanctuaries; or,
g. Natural areas owned or operated by
				  government agencies or not-for-profit organizations for the purposes of
				  preserving the natural character of the property.
22. "Excess lifetime cancer risk" means the
				  estimated probability that an individual's exposure to a substance could result
				  in cancer.
23. "Facility" means all
				  contiguous land, structures and other appurtenances and improvements on the
				  land used for treating, storing or disposing of Hazardous Waste.
24. "Free liquid" means Liquid which readily
				  separates from the solid portion of a material under ambient temperature and
				  pressure.
25. "GA" or "GAA area"
				  means any area having a Groundwater classification of GA or GAA, in accordance
				  with the Department's Groundwater Quality Rules, Part 150-05-3 of this Title.
				  The terms "GA" and "GAA" may be used interchangeably throughout this
				  Part.
26. "GA groundwater
				  objectives" means the concentrations of Hazardous Substances in Groundwater
				  protective of human health and the environment which are identified in Table 3,
				  §1.9.3(F)(4) of this Part or any other GA Groundwater Objective approved
				  by the Director pursuant to §1.9.4 of this Part.
27. "GA leachability criteria" means the
				  concentrations of Hazardous Substances in soil identified in Table 2,
				  §1.9.2(C)(3) of this Part or any other GA Leachability Criteria approved
				  by the Director pursuant to §§1.9.2(D) or 1.9.4 of this
				  Part.
28. "GB area" means any area
				  having a Groundwater classification of GB, in accordance with the Department's
				  "Groundwater Quality Rules." Part 150-05-3 of this Title.
29. "GB groundwater objectives" means the
				  concentrations of Hazardous Substances in Groundwater protective of human
				  health and the environment which are identified in Table 4, §1.9.3(F)(5)
				  of this Part or any other GB Groundwater Objective approved by the Director
				  pursuant to §§1.9.3(G) or 1.9.4 of this Part.
30. "GB leachability criteria" means the
				  concentrations of Hazardous Substances in soil identified in Table 2,
				  §1.9.2(C)(3) of this Part or any other GB Leachability Criteria approved
				  by the Director pursuant to §§1.9.2(D) or 1.9.4 of this
				  Part.
31. "Groundwater" means water
				  found underground which completely fills the open spaces between particles of
				  sand, gravel, clay, silt and Bedrock fractures. The zone of materials filled
				  with groundwater is called the zone of saturation.
32. "Hazard index" means the calculation of
				  the potential for non-cancer health effects as a result of exposure to one or
				  more Hazardous Substances with the same or similar modes of toxic action or
				  toxic endpoints.
33. "Hazardous
				  material" means any material or combination or mixture of materials containing
				  any Hazardous Substance. Hazardous Material does not include Petroleum as
				  defined in these regulations (i.e., virgin petroleum products).
34. "Hazardous substance" means any substance
				  designated as such pursuant to
				  40 C.F.R. §
												300.5, incorporated above at §
											1.3(A) of
				  this Part. Hazardous Substance also includes any material that meets the
				  definition of Hazardous Waste. Hazardous Substance shall not include, for the
				  purposes of these regulations, asbestos or radioactive materials.
35. "Hazardous waste" means any material
				  defined as such waste pursuant to the Department's "Rules and Regulations for
				  Hazardous Waste Management," Subchapter 10 Part 1 of this Chapter.
36. "Imminent hazard" means a Release of
				  Hazardous Material meeting any of the following criteria:
a. The Release poses an immediate and
				  substantial threat or risk of acute or chronic adverse effect on human
				  health;
b. The Release poses a
				  threat or risk of harm, which could cause immediate destruction or significant
				  adverse impact on an Environmentally Sensitive Area or the contamination of a
				  wellhead protection area or other drinking water source;
c. The Release poses an immediate threat of
				  fire or explosion. Further factors to consider when evaluating Releases
				  resulting in a threat of fire and explosion shall include:
(1) The ignitability of the Hazardous
				  Material, and the mixture resulting from the Release of the Hazardous
				  Material;
(2) The reactivity of the
				  Hazardous Material, and the mixture resulting from the Release of the Hazardous
				  Material;
(3) The potential
				  incompatibility of the Hazardous Material, and the mixture resulting from the
				  Release of the Hazardous Material, with other materials which can reasonably be
				  expected to be stored or handled in the area of the Release; and
(4) The potential impacts of a fire and/or
				  explosion; and d. The Release may be influenced by site-specific factors which
				  have the potential to lead to an imminent threat to human health or the
				  environment.
37. "Impoundment" or "Surface impoundment"
				  means a natural topographic depression or man-made excavation, or diked area
				  formed primarily of earthen materials (although it may be lined with man-made
				  materials), which is designed to hold an accumulation of liquids, solids or
				  materials containing free liquids, and which is not a well. Examples of
				  impoundments include holding, storage, settling and aeration pits, ponds, and
				  lagoons.
38. "Incompatible
				  materials" means materials which are unsuitable for:
a. Placement in a particular device or
				  management at a Contaminated-Site or facility because those materials may cause
				  corrosion or decay of containment materials; or
b. Commingling with another material under
				  uncontrolled conditions because the commingling might produce heat or pressure,
				  fire or explosion, violent reaction, toxic dusts, mists, fumes or gases or
				  flammable fumes or gases.
39. "Industrial/commercial activity" means
				  any activity related to the commercial production, distribution, manufacture or
				  sale of goods or services, or any other activity which is not a traditional
				  Residential Activity as defined by §
											1.4(A)(68) 
				  of this Part including activities related to outdoor recreational areas with
				  restrictions in place to limit potential exposure.
40. "Industrial/commercial direct exposure
				  criteria" means the concentrations identified in the Industrial/Commercial
				  column of Table 1, §1.9.2(C)(2) of this Part or any other
				  Industrial/Commercial Direct Exposure Criteria approved by the Director
				  pursuant to §§1.9.2(D) or 1.9.4 of this Part.
41. "Inorganic hazardous substance" means any
				  Hazardous Substance which is not an Organic Hazardous Substance.
42. "Interim letter of compliance" or "ILOC"
				  means a letter may be issued by the Office of Land Revitalization and
				  Sustainable Materials Management, as an interim step to a Letter of Compliance,
				  for Contaminated-Sites that have implemented all active remedial measures
				  required (including but not limited to completing all physical components and
				  construction as required in the Remedial Approval Letter), and in the opinion
				  of the Department, entered a long-term monitoring or operational and
				  maintenance phase of a clean-up approved by the Office. An Interim Letter of
				  Compliance shall not be considered a Letter of Compliance. The Office reserves
				  the right to require additional remedial measures, should it become apparent
				  that the remedial objectives of the clean up will not be achieved.
43. "Leachability criteria" means the
				  concentrations of Hazardous Substances protective of GA/GAA and GB Areas, as
				  appropriate, and the environment which are identified in Table 2,
				  §1.9.2(C)(3) of this Part or any other GA Leachability Criteria approved
				  by the Director pursuant to §§1.9.2(D) or 1.9.4 of this
				  Part.
44. "Letter of compliance" or
				  "LOC" means a letter will be issued by the Office of Land Revitalization and
				  Sustainable Materials Management for Contaminated-Sites that have completed a
				  full site assessment or a Site Investigation Report (per §
											1.8 of this Part) approved
				  by the Department documenting all known and suspected Releases, and completed
				  all Remedial Action work required by the Office to address the remedial
				  objectives for the site, including institutional controls (if
				  applicable).
45. "Liquid" means any
				  material that expresses as separable Liquid by weight thirty percent (30%) or
				  more of the material when exposed to a vacuum of 3/4 atmosphere for thirty (30)
				  minutes.
46. "Manifest" means the
				  Rhode Island Uniform Hazardous Waste Manifest provided by the Department or any
				  other manifest approved by the United States Environmental Protection Agency
				  for identifying, at a minimum, the quantity, composition, type and the origin,
				  routing and destination of Hazardous Waste from the point of generation, to the
				  point of treatment, storage, or disposal.
47. "Method 1" means the determination of
				  appropriate soil and groundwater objectives based on the concentrations of
				  Hazardous Substances identified in Table 1 and 2, §§1.9.2(C)(2) and
				  (3) of this Part, Table 3 and 4, §§1.9.3(F)(4) and (5) of this
				  Part.
48. "Method 2" means the
				  determination of appropriate soil and groundwater objectives based on the
				  concentrations of Hazardous Substances developed using site-specific factors in
				  accordance with §§1.9.2(D) and 1.9.3(G) of this Part.
49. "Method 3" means the determination of
				  appropriate remedial objectives based on the concentrations of Hazardous
				  Substances developed in accordance with §§1.9.4 and 1.9.5 of this
				  Part.
50. "No further action" or
				  "NFA letter" means a letter will be issued by the Office of Land Revitalization
				  and Sustainable Materials Management for properties that have undergone a
				  limited, or focused site investigation, and completed all Remedial Action work
				  required by the Office to address only the identified or limited areas of
				  concern.
51. "Non-aqueous phase
				  liquid" or "NAPL" means an organic compound present at a concentration such
				  that it exists as a separate phase in equilibrium with water. Said definition
				  may apply to Light Non-Aqueous Phase Liquids (LNAPL), and/or Dense Non-Aqueous
				  Phase Liquids (DNAPL).
52.
				  "Operator" means the Person who is responsible for the operation of the
				  activities at the Contaminated-Site. For the purposes of these regulations,
				  Persons who create or maintain a security interest in land by making loans,
				  administering loans or participating in the financial workout of defaulted
				  loans are not Operators, and such acts of themselves are not considered
				  participation in management of a Contaminated-Site. Activities that are
				  considered appropriate activities of a secured lender include, without
				  limitation:
a. Requiring or conducting site
				  assessments on a Contaminated-Site; and
b. Collecting income and rents from the site
				  to the extent that such funds are not inappropriately diverted from being
				  utilized toward remediation of the Contaminated-Site.
53. "Organic hazardous substance" means any
				  Hazardous Substance containing the element carbon.
54. "Overburden" means the material present
				  in the ground above bedrock.
55.
				  "Owner" means the Person who owns the Contaminated-Site or part of the
				  Contaminated-Site.
56. "PCB" or
				  "PCBs" means any chemical substance that is limited to the biphenyl molecule
				  that has been chlorinated to varying degrees or any combination of substances
				  which contains such substance.
57.
				  "Performing party" or "Parties" means any Bona Fide Prospective Purchaser,
				  Responsible Party, voluntary party or any other party (or parties) conducting
				  an investigation of and/or Remediation at a Contaminated-Site.
58. "Person" means an individual, trust,
				  firm, joint stock company, corporation (including a government corporation),
				  partnership, association, the Federal Government or any agency or sub-division
				  thereof, a state, municipality, commission, political sub-division of a state,
				  or any interstate body.
59.
				  "Petroleum" means any virgin petroleum product including the following
				  products:
a. Unused distillate and residual
				  oil including but not limited to gasoline, aviation fuels, kerosene, diesel,
				  and heating oils; and
b. Unused
				  crankcase oil, lubricants, hydraulic oils, penetrant oils, tramp oils, quench
				  oils, and other industrial oils.
60. "Public water supply system" means a
				  system for the provision to the public of piped water for human consumption,
				  provided such a system has at least fifteen (15) service connections or
				  regularly serves an average of at least twenty-five (25) individuals daily at
				  least sixty (60) days out of the year.
61. "RCRA" means the Federal Resource
				  Conservation and Recovery Act,
				  42 U.S.C. §
												6901 (2018).
62. "Recreational facility for public use"
				  means a building or place, owned or controlled by a government agency or
				  not-for-profit entity, that provides the public the opportunity to engage in
				  active and/or passive recreation. The payment of a membership fee or other user
				  fee shall not be determinative for said building or place to be deemed a
				  recreational facility for public use. The terms active recreation and passive
				  recreation shall be interpreted broadly and are defined as follows:
a. Active Recreation:
(1) Generally sports related and may be
				  defined as activities that combine one or more of the following features:
(AA) Formally organized teams and
				  leagues,
(BB) Require specialized
				  sports equipment, or
(CC) Are held
				  at developed recreation sites, facilities, or fields.
(2) Moderate to high intensity structured
				  recreation use, in many cases requiring some modification of natural landforms
				  and the provision of service facilities (parking areas, restrooms, visitor
				  centers).
(3) Requires constructed
				  facilities for structured or unstructured recreation such as sports fields,
				  play areas, golf courses, swimming pools, skating rinks, boat docks, equestrian
				  centers.
b. Passive
				  Recreation:
(1) Activities that may be
				  performed individually, may require little or no specialized equipment, or can
				  be engaged in at sites that are undeveloped or minimally developed. Examples
				  include hiking, biking, horseback riding, picnicking, swimming at salt or fresh
				  water beaches, and nature viewing. These activities take place at a variety of
				  sites dispersed throughout the state including bikeways, trails, parks, beaches
				  and management areas.
(2) Involves
				  existing natural resources, has minimal impacts, and does not require
				  significant facilities. Examples include: hiking, horseback riding,
				  cross-country skiing, fishing, canoeing, picnicking, nature viewing, or
				  bicycling. The purchase or preservation of undeveloped open space without
				  active promotion of the use of the property for either active or passive
				  recreation, or the development of parking areas for increased access to
				  existing recreational areas, shall not constitute a Recreational Facility for
				  Public Use under these regulations.
63. "Release" means as defined in
				  40 C.F.R. §
												300.5, incorporated above at §
											1.3(A) of
				  this Part, for purposes of the Remediation Regulations.
a. A release shall exclude any of the
				  following:
(1) Any Release from a process,
				  activity or Contaminated-Site allowed under a permit, license or approval by
				  any regulatory process or legal authority;
(2) Any Release of Hazardous Materials solely
				  derived from common household materials and occurring at the household;
				  or
(3) Any Release that is
				  completely contained within an area or structure designed and engineered to
				  contain such materials.
b. Release shall also include an actual or
				  potential threat of Release. Concentrations of PCBs greater than 10
				  micrograms/100 cm2, as measured by a standard wipe
				  test, on any surface shall constitute a Release. The Director may determine
				  that an area with PCB contamination at concentrations lower than specified
				  above requires investigation and/or remediation due to site-specific
				  circumstances.
64.
				  "Remedial decision letter" means a formal, written communication from the
				  Department that approves a site investigation, identifies the preferred
				  remedial alternative and authorizes the development of a remedial action work
				  plan in order to achieve the objectives of environmental clean-up.
65. "Remediation" means the act of
				  implementing, operating and maintaining a Remedy or Remedial Action.
66. "Remediation regulations" means the Rules
				  and Regulations for the Investigation and Remediation of Hazardous Material
				  Releases, 250-RICR- 140-30-1.
67.
				  "Remedy" or "Remedial action" means those actions taken to rectify the effects
				  of a Release of Hazardous Material, so that it does not cause a significant
				  risk to present or future public health or welfare, or the
				  environment.
68. "Residential
				  activity" means any activity related to a a. residence or dwelling, including
				  but not limited to a house, apartment, or condominium, or b. school, day care
				  center, playground, or Recreational Facility for Public Use.
69. "Residential direct exposure criteria"
				  means the concentrations identified in the Residential column of Table 1,
				  §1.9.2(C)(2) of this Part or any other Residential Direct Exposure
				  Criteria approved by the Director pursuant to §§1.9.2(D) or 1.9.4 of
				  this Part.
70. "Responsible party"
				  or "parties" means
a. Any or all of the
				  following Persons:
(1) The Owner or Operator
				  of a Vessel, Transport Vehicle, or a Contaminated-Site at which there is a
				  known or suspected Release;
(2) Any
				  Person who, at the time of storage or disposal of any Hazardous Material, owned
				  or operated a Contaminated-Site at which there is a known or suspected
				  Release;
(3) Any Person who, by
				  contract, agreement, or otherwise, directly or indirectly, arranged for the
				  disposal of Hazardous Material at a Contaminated-Site at which there has been a
				  known or suspected Release;
(4) Any
				  Person who accepts or accepted any Hazardous Materials for transport to
				  disposal or treatment facilities or Contaminated-Sites selected by such Person
				  and from which location there is a Release or a threatened Release of Hazardous
				  Materials which causes the incurrence of response costs;
(5) Any Person who otherwise caused or is
				  legally responsible for a Release of Hazardous Materials from a Vessel,
				  Transport Vehicle or operation at a Contaminated-Site; and
(6) The Person or legal entity controlling a
				  Contaminated-Site, Transport Vehicle, Vessel or activity that contains or led
				  to a known or suspected Release.
(7) Responsible Party shall also mean any and
				  all combinations of the abovementioned Persons.
b. The following parties are not Responsible
				  Parties and shall not be held liable for costs or damages associated with a
				  Release of Hazardous Materials:
(1) Persons
				  otherwise liable who can establish by a preponderance of the evidence that the
				  Release or threat of Release of Hazardous Materials and the damages resulting
				  there from were caused solely by an act of God or an act of war;
(2) Persons who are defined as Bona Fide
				  Prospective Purchasers of a Contaminated-Site and have entered a settlement or
				  remedial agreement with the Department related to the same
				  Contaminated-Site;
(3) Persons who
				  are not Operators and who act solely as custodial receivers or who can
				  establish by a preponderance of evidence that they are an innocent land Owner
				  and the Release or threat of Release were caused solely by an act or omission
				  of a third party other than an employer or agent of the defendant, or whose act
				  or omission occurs in connection with a contractual relationship, existing
				  directly or indirectly, with the defendant if the defendant establishes:
(AA) That it exercised due diligence in the
				  acquisition of the Contaminated-Site at the time of purchase and exercised due
				  care with respect to the Hazardous Material concerned, taking into
				  consideration the characteristics of such Hazardous Material, in light of the
				  facts and circumstances; and
(BB)
				  That it took precautions against foreseeable acts, or omissions of any such
				  third party and the consequences that could foresee ably result from such acts
				  or omissions; and
(4)
				  Persons who maintain indicia of ownership solely to protect a security interest
				  in land and are not Operators.
c. For the purposes of this definition, a
				  secured lender is not deemed an Owner or an Operator if in order to protect its
				  security interest the secured lender accepts title to a Contaminated-Site
				  through foreclosure, or by accepting the deed to the Contaminated-Site in lieu
				  of foreclosure, and meeting the following requirements:
(1) The secured lender can demonstrate that
				  no act of the secured lender or its agent(s), after accepting title, caused or
				  contributed to a Release of Hazardous Materials;
(2) The secured lender provides notification,
				  if required, pursuant to §1.6.1 of this Part if notification had not
				  previously been provided to the Department;
(3) The secured lender does not acquire
				  property which presents an Imminent Hazard, or in the event of discovery of an
				  Imminent Hazard subsequent to foreclosure, the secured lender takes appropriate
				  action pursuant to §
													1.7 of this Part to stop,
				  minimize or remove the imminent threat;
(4) The secured lender provides the
				  Department and its agents with access to the Contaminated-Site; and
(5) The secured lender acts diligently to
				  sell or otherwise divest itself of ownership or possession of the
				  Contaminated-Site in a timely manner. For the first eighteen (18) months after
				  accepting or taking title, the secured lender is presumptively assumed to be
				  actively seeking to divest the property. In this period, it is the burden of
				  the Department to demonstrate that the lender is not pursuing reasonable good
				  faith efforts. For the time period after eighteen (18) months of accepting or
				  taking title, the burden shifts to the secured lender to affirmatively
				  demonstrate that it has undertaken, and continues to undertake, good faith
				  efforts to sell the property.
71. "School" means any residential or
				  non-residential school building, public, private or charter, of any city or
				  town or community educational system regulated, directly or secondarily, by the
				  board of regents for elementary and secondary education or the Department of
				  elementary and secondary education or any other state education board or local
				  city or town school board or school committee or other legal educational
				  subdivision acting under it. The term "school" or "schools" includes, but is
				  not limited to, school playgrounds, school administration buildings, indoor
				  school athletic facilities, school gymnasiums, school locker rooms, and similar
				  school buildings. It does not include institutions of higher education or
				  child-care facilities as regulated by the Department of Children, Youth and
				  Families.
72. "Sediment" means the
				  unconsolidated inorganic and organic material that is suspended in and is being
				  transported by Surface Water, or has settled out of Surface Water.
73. "Source area" means the horizontal and
				  vertical extent of natural or man-made media impacted by a Release of Hazardous
				  Materials or causing a Release of Hazardous Materials at concentrations in
				  excess of the reportable concentrations described in §§1.6.1(C) and
				  (D) of this Part, and determined by the Department to pose a potential threat
				  to human health and the environment. For purposes of these regulations,
				  sanitary landfills licensed under the Department's Rules and Regulations for
				  Solid Waste Management Facilities and Organic Waste Management Facilities
				  (Subchapter 05 Part 1 of this Chapter) on or after 18 June 1992 are not Source
				  Areas.
74. "Surface water" means
				  any body of water open to the atmosphere including brooks, streams, rivers,
				  ponds, lakes, bays or wetlands.
75.
				  "Tank" means a stationary device designed to contain an accumulation of
				  Hazardous Material which is constructed primarily of non-earthen materials
				  which provide structural support.
76. "Transport vehicle" means a motor
				  vehicle, trailer or rail car used for the transportation of cargo by any mode.
				  Each cargo-carrying body (trailer, railroad freight car, etc.) is a separate
				  Transport Vehicle.
77. "Treatment"
				  means any method, technique, or process, including neutralization or
				  incineration, designed to change the physical, chemical, or biological
				  character or composition of any Hazardous Material.
78. "Underground injection control system"
				  means any active or inactive system or structure used for the subsurface
				  discharge of commercial or industrial wastewater.
79. "Vadose zone" means the full extent of
				  the soil column existing above the elevation of Groundwater for the purposes of
				  the Remediation Regulations.
80.
				  "Vessel" means any boat or watercraft whether moved by oars, paddles, sails, or
				  other power mechanism, inboard or outboard, or any other boat or structure
				  floating upon the water whether or not capable of self locomotion, including
				  house boats, barges and similar floating objects.
81. "Well" means a bored, drilled, or driven
				  shaft or a dug hole, with a depth that is greater than its largest surface
				  dimension, through which groundwater has flowed, flows, or may flow under
				  natural or induced pressure and that has been modified for purposes of
				  obtaining water.
82. "Wellhead
				  protection area" means a three-dimensional zone, designated by the Director and
				  delineated pursuant to the Department's "Groundwater Quality Rules," Part
				  150-05-3 of this Title surrounding a well or well field supplying a public
				  water supply system, through which water will move toward and reach such well
				  or wellfield.
83. "Wetland" means
				  any area that is inundated or saturated by surface or groundwater at a
				  frequency and duration sufficient to support, and that under normal
				  circumstances do support, a prevalence of vegetation typically adapted for life
				  in saturated soil conditions. Wetlands generally include swamps, marshes, bogs
				  and similar areas.
84. "40 C.F.R."
				  means that section or subsection of the Code of Federal Regulations, Title 40,
				  Protection of Environment, Chapter l, Environmental Protection Agency.
				  References to the Administrator, appearing therein, shall be interpreted as
				  referring to the Director.