Orange County NC Website
13 <br />"Hazardous Substances" shall mean: (a) those substances included within the <br />definitions of any one or more of the terms "hazardous materials," "hazardous <br />wastes," "hazardous substances," "industrial wastes," and "toxic pollutants," as <br />such terms are defined under the Environmental Laws, or any of them; (b) <br />petroleum and petroleum products, including, without limitation, crude oil and <br />any fractions thereof; (c) natural gas, synthetic gas and any mixtures thereof; (d) <br />asbestos and or any material which contains any hydrated mineral silicate, <br />including, without limitation, chrysotile, amosite, crocidolite, tremolite, <br />anthophyllite and/or actinolite, whether friable or non - friable; (e) <br />polychlorinated biphenyl ( "PCBs ") or PCB - containing materials or fluids; (f) <br />radon; (g) any other hazardous or radioactive substance, material, pollutant, <br />contaminant or waste; and (h) any other substance with respect to which any <br />Environmental Law or governmental authority requires environmental <br />investigation, monitoring or remediation. As used herein, the term <br />"Environmental Laws" shall mean all federal, state and local laws, statutes, <br />ordinances and regulations, now or hereafter in effect, in each case as amended <br />or supplemented from time to time, including, without limitation, all applicable <br />judicial or administrative orders, applicable consent decrees and binding <br />judgments relating to the regulation and protection of human health, safety, the <br />environment and natural resources (including, without limitation, ambient air, <br />surface, water, groundwater, wetlands, land surface or subsurface strata, <br />wildlife, aquatic species and vegetation), including, without limitation, the <br />Comprehensive Environmental Response, Compensation and Liability Act of <br />1980, as amended (42 U.S.C. § 9601 et. seq.), the Hazardous Material <br />Transportation Act, as amended (49 U.S.C. §§ 5101 et. seq.), the Federal <br />Insecticide, Fungicide, and Rodenticide Act, as amended (7 U.S.C. § 136 et. <br />seq.), the Resource Conservation and Recovery Act, as amended (42 U.S.C. § <br />6901 et seq.), the Toxic Substances Control Act, as amended (15 U.S.C. § 2601 <br />et seq.), the Clean Air Act, as amended (42 U.S.C. § 7401 et. seq.), the <br />Federal Water Pollution Control Act, as amended (33 U.S.C. § 1251 et. seq), <br />the Safe Drinking Water Act, as amended (42 U.S.C. § 300f et. seq.), any state <br />or local counterpart or equivalent of any of the foregoing, and any federal, state <br />or local transfer of ownership notification or approval statutes. "Release" shall <br />mean any spilling, leaking, pumping, pouring, emitting, emptying, discharging, <br />injecting, escaping, leaching, dumping or disposing of any Hazardous <br />Substances. <br />E. The negotiation and completion of agreements and documents guiding the <br />selection of designers and contractors, the timelines for the completion of <br />various aspects of the design work, the methods and scheduling input, and other <br />specific design and construction coordination necessary to ensure the successful <br />completion of the Project. <br />F. The negotiation and execution of this Agreement (wherein <br />the Town and the County's property interests in the Facilities may convert <br />to condominium interests post - construction) under which the Parties shall have <br />[H <br />