No Further Action Status definition

No Further Action Status means (a) a written determination received from the Governmental Entity having jurisdiction over such matter that all clean-up activities (excluding periodic monitoring) required to meet industrial cleanup standards pursuant to applicable Environmental Laws have been completed in all material respects; and (b) if applicable laws do not provide for such a written determination, when all clean-up activities required to meet industrial cleanup standards and conducted pursuant to a workplan approved by the appropriate Governmental Entity have been completed in all material respects.
No Further Action Status or “NFA Status” means either: (a) a Closure Letter has obtained for a Corrective Action or (b) when all necessary or appropriate Corrective Action has been completed under applicable Environmental Laws and the Responsible Government Agency has delayed or refused to provide such a Closure Letter within a period of three (3) years after completion of Corrective Action, but only when such completion has been confirmed by a written report obtained from the Environmental Arbiter (the cost of which will be paid by Seller).
No Further Action Status means (a) a written determination received from the Governmental Entity having jurisdiction over such matter that all Remedial Action required to meet industrial cleanup standards pursuant to applicable Environmental Law has been completed; and (b) if applicable Environmental Laws do not provide for such a written determination, or if, after commercially reasonable efforts by the Sellers, the relevant Governmental Entity has not responded to a request for such a determination, when all cleanup activities required to meet industrial cleanup standards pursuant to applicable Environmental Laws and conducted pursuant to a workplan approved by the appropriate Governmental Entity have been completed, and certified in writing as conforming to such criteria by an environmental professional reasonably acceptable to the Purchaser.

Examples of No Further Action Status in a sentence

  • Upon Seller obtaining No Further Action Status, Seller shall have no further obligation to investigate or remediate the Known Environmental Conditions unless further investigation or remediation with respect to the Known Environmental Conditions is required by Environmental Law or subsequently is required by a Governmental Entity.

  • With respect to the condition(s) relating to the Owned Real Property described in Section 5.25 of the Seller Disclosure Schedule (“Known Environmental Conditions”), Seller shall, at its sole cost and expense, investigate and remediate the Known Environmental Conditions to the extent necessary to obtain a No Further Action Status.

  • Section 6.2.3 of the Disclosure Schedule identifies each Real Property, other than any Real Property listed on Section 6.2.1 or Section 6.2.2 of the Disclosure Schedule, with Corrective Action that has achieved No Further Action Status (including the date on which such status was achieved) prior to the Effective Date.

  • Click on the below link and select the calculator under “Calculating Risk.” ▇▇▇▇▇://▇▇▇.▇▇.▇▇▇/permits-rules/risk-based-remediation/risk-evaluation-resources A remedy that relies on a Declaration of Perpetual Land Use Restrictions (DPLURs) approved by DEQ may be an appropriate way to achieve No Further Action Status at sites having only soil contamination.

  • Section 6.2.5 of the Disclosure Schedule identifies each Real Property at which, as of the Effective Date: (a) a third party has alleged or reported that a Release has occurred at the Real Property, (b) Corrective Action is not occurring at such Real Property and (c) No Further Action Status has not been achieved.

  • Upon obtaining No Further Action Status, Seller and its consultants shall, or Seller shall use commercially reasonable efforts to compel Blue or another responsible party to, close in place or remove all sampling and monitoring ▇▇▇▇▇ and other equipment associated with, and all wastes generated by, such Remedial Action in accordance with applicable Laws.


More Definitions of No Further Action Status

No Further Action Status means (a) a written determination received from the Governmental Authority having jurisdiction over such matter that all Remedial Actions required to meet Applicable Remedial Standards have been completed; and (b) if applicable Laws do not provide for such a written determination, or if after commercially reasonable efforts by Seller the relevant Governmental Authority has not responded to a request for such a determination, when all clean-up activities required to meet Applicable Remedial Standards and conducted pursuant to a workplan approved by the appropriate Governmental Authority have been completed, and certified in writing as conforming to such criteria by an environmental professional reasonably qualified for such a purpose.