Common use of Hazardous Materials Defined Clause in Contracts

Hazardous Materials Defined. As used herein, the term "HAZARDOUS MATERIALS" means any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authority, the State of California or the United States Government. The term "hazardous material" includes, without limitation, any material or substance which is (i) defined as a "hazardous waste," "extremely hazardous waste" or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140, of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as a "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Xxxxxxxxx-Xxxxxxx- Xxxxxx Hazardous Substance Account Act), (iii) defined as a "hazardous material," "hazardous substance," or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Under Storage of Hazardous Substances), (v) petroleum, (vi) friable asbestos not in compliance with applicable laws or regulations, (vii) listed under Article 9 or defined as hazardous or extremely hazardous pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (viii) designated as a "hazardous substance" pursuant to Section 311 of the Federal Water Pollution Control Act (33 U.S.C. Section 1317), (ix) defined as a "hazardous waste" pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq. (42 U.S.C. Section 6903), or (x) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601 et seq. (42 U.S.C. Section 9601).

Hazardous Materials Defined. As used herein, the The term "HAZARDOUS MATERIALS" means “Hazardous Material(s)” shall mean any toxic or hazardous or toxic substance, material or waste which is or becomes any pollutant or contaminant or infectious or radioactive material, including but not limited to those substances, materials or wastes regulated by now or in the future under any local governmental authority, the State of California or the United States Government. The term "hazardous material" includes, without limitation, any material or substance which is (i) defined as a "hazardous waste," "extremely hazardous waste" or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140, of the California Health and Safety Codefollowing statutes or regulations promulgated thereto, Division 20, Chapter 6.5 as any of the same may be amended: (Hazardous Waste Control Law), (ii1) defined as a "any “hazardous substance" under Section 25316 of ” within the California Health and Safety Code, Division 20, Chapter 6.8 (Xxxxxxxxx-Xxxxxxx- Xxxxxx Hazardous Substance Account Act), (iii) defined as a "hazardous material," "hazardous substance," or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Under Storage of Hazardous Substances), (v) petroleum, (vi) friable asbestos not in compliance with applicable laws or regulations, (vii) listed under Article 9 or defined as hazardous or extremely hazardous pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (viii) designated as a "hazardous substance" pursuant to Section 311 of the Federal Water Pollution Control Act (33 U.S.C. Section 1317), (ix) defined as a "hazardous waste" pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq. (42 U.S.C. Section 6903), or (x) defined as a "hazardous substance" pursuant to Section 101 meaning of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (“CERCLA”), 42 U.S.C. Sections 9601 et seq. or the California Hazardous Substance Account Act, Cal. Health & Safety Code sections 25300 et seq.; (2) any “hazardous waste” within the meaning of the Resource Conservation and Recovery Act, 42 U.S.C. Sections 6901 et seq.; (3) any “hazardous waste” or “extremely hazardous waste” within the meaning of the California Waste Control Law, Cal. Health & Safety Code sections 25100 et seq.; (4) any “hazardous chemical substance or mixture” or “imminently hazardous chemical substance or mixture” within the meaning of the Toxic Substances Control Act, 15 U.S.C. Sections 2601 et seq.; (5) any “hazardous air pollutant” within the meaning of the Federal Clean Air Act, 42 U.S.C. Sections 7400 et seq.; (6) any “toxic pollutant” or “oil or hazardous substance” within the meaning of the Federal Water Pollution Control Act, 33 U.S.C. Sections 1250 et seq.; (7) any “contaminant” within the meaning of the Safe Drinking Water Act, 42 U.S.C. Section 9601 300i; (8) any “chemical known to the state to cause cancer or reproductive toxicity” within the meaning of the Safe Drinking Water and Toxic Enforcement Act of 1986 (“Proposition 65”), Cal. Health & Safety Code Section 25249.5 et seq. .; (42 9) any “refuse matter” within the meaning of The Refuse Act of 1899 , 33 U.S.C. Section 9601)407; (10) any “waste” within the meaning of the Xxxxxx-Cologne Water Quality Control Act, Cal. Water Code Sections 13000 et seq.; (11) any “hazardous waste” or “extremely hazardous waste” within the meaning of the Hazardous Waste Disposal Land Use Law, Cal. Health & Safety Code Sections 25220 et seq.; (12) any “hazardous substance” within the meaning of the Hazardous Substances Underground Storage Tank Law, Cal. Health & Safety Code Sections 25280 et seq.; (13) any “air contaminant” or “air pollutant” within the meaning of the Air Resources Law, Cal. Health & Safety Code Sections 39000 et seq.; (14) any “hazardous material” or “hazardous substance” within the meaning of the Hazardous Materials Release Response Plans and Inventory Law, Cal. Health & Safety Code Sections 25500 et seq.; (15) any “constituent” within the meaning of the Toxic Pits Cleanup Act of 1984, Cal. Health & Safety Code Sections 25208-25208.17; (16) petroleum or any fraction thereof; (17) asbestos; or (18) any other hazardous or toxic substance or material, waste, pollutant or contaminant, as defined, listed or regulated by any federal, state or local law, regulation or order or by common law decision, including, without limitation, (i) trichloroethylene, tetrachloroethylene, perchlorethylene and other chlorinated solvents, (ii) polychlorinated biphenyls, (iii) flammable explosives, (iv) urea formaldehyde and (v) radioactive materials and waste.