§ 8-7-1102 - Definitions. - Arkansas Statutes

8-7-1102. Definitions.

(a) As used in this subchapter:

(1) "Abandoned site" means a site on which industrial, commercial, or agricultural activity occurred and for which no responsible person can reasonably be pursued for a remedial response to clean up the site or residential property or when the Arkansas Department of Environmental Quality determines it is in the best interest of the citizens of Arkansas to promote redevelopment under this subchapter while continuing to pursue the responsible party or parties;

(2) "Implementing agreement" means a plan, order, memorandum of agreement, or other enforceable document issued by the department under provisions of the Arkansas Hazardous Waste Management Act of 1979, 8-7-201 et seq., the Remedial Action Trust Fund Act, 8-7-501 et seq., or this subchapter, to implement the voluntary cleanup process described in 8-7-1104;

(3) "Industrial, commercial, or agricultural activity" means commercial, manufacturing, agricultural, or any other activity done to further the development, manufacturing, or distribution of goods and services, as well as soil cultivation and crop or livestock production, including, but not limited to, research and development, warehousing, shipping, transport, remanufacturing, repair, and maintenance of commercial machinery and equipment;

(4) "Property" means property and improvements, including:

(A) A facility as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. 9601(9); and

(B) A site as defined in 8-7-203(11);

(5) "Prospective purchaser" means a person who expresses a willingness to acquire an abandoned site and is not responsible for any preexisting pollution at or contamination on the site;

(6) "Residential property" means any real property used as a dwelling or property with four (4) or fewer dwelling units used exclusively for residential use; and

(7) (A) "Site assessment" means the site assessment to establish the baseline level of existing contamination on a site.

(B) At a minimum, the assessment shall identify the location and extent of contamination, the quantity or level of contamination, the type of contamination, the probable source of contamination, and the risk or threat associated with the contamination as described in 8-7-1104.

(C) The assessment also shall include a description of the intended land use of the site.

(b) Any other terms of this subchapter not expressly defined shall have the same definitions as provided in 8-7-203, 8-7-304, 8-7-403 [repealed], or 8-7-503, unless manifestly inconsistent with the provisions and remedial intent of this subchapter.