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26 <br /> materials," or other similar designations in, or otherwise subject to regulation under, the <br /> Comprehensive Environmental Response, Compensation and Liability Act of 1980, as <br /> amended by the Superfund Amendments and Reauthorization Act of 1986 (CERCLA), 42 <br /> U.S.C. §§ 9601 et seq.; the Toxic Substance Control Act (TSCA), 15 U.S.C. §§ 2601 et <br /> seq.; the Hazardous Materials Transportation Act, 49 U.S.C. §§ 1802 et seq.; the <br /> Resource Conservation and Recovery Act (RCRA), 42 U.S.C. §§ 9601 et seq.; The Clean <br /> Water Act (CWA), 33 U.S.C. §§ 1251 et seq.; the Safe Drinking Water Act, 42 U.S.C. §§ <br /> 300(f) et seq.; the Clean Air Act (CAA), 42 U.S.C. §§ 7401 et seq.; all as amended; any <br /> law, rule, or regulation, federal, state or local, now or hereafter in existence, governing or <br /> relating to the creation, use, storage, sale, retention, or transportation of hazardous or <br /> toxic substances and wastes; in the plans, rules, regulations or ordinances adopted, or <br /> other criteria and guidelines promulgated pursuant to the preceding laws or other similar <br /> laws, regulations, rule or ordinance now or hereafter in effect; and any other substances, <br /> constituents or wastes subject to environmental regulations under any applicable federal, <br /> state or local law, regulation or ordinance now or hereafter in effect. "Hazardous <br /> Substance" includes but is not restricted to asbestos, polychlorobiphenyls ("PCBs"), and <br /> petroleum (in any form or nature). <br /> (c) Hazardous Substances shall not include Diesel Fuel maintained on site to fuel the <br /> emergency power generator, liquid nitrogen maintained on site for product preparation <br /> and storage, and typical cleaning supplies, all of which PFPC shall use and store in a safe <br /> and reasonable manner. <br /> 12.16 States of Emergency. <br /> During any state of emergency affecting Orange County that is declared or proclaimed <br /> pursuant to the authority granted by Article 1A of North Carolina General Statute 166A <br /> the County may suspend the terms of this Agreement, restrict access to the Facility, and <br /> utilize the Facility as may be needed if it is determined by Orange County officials that <br /> doing so will assist in addressing the cause or effects of the emergency. Action taken <br /> pursuant to this Section shall not constitute a default or breach of the Agreement by <br /> either party. <br /> SIGNATURE PAGE TO FOLLOW <br /> 22 <br />