Item 18 - Appeal Application Nos. 2023-02 and 2023-03 for Cabrillo Town Center project

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14.0 DEFINITIONS Definitions of key terminology relevant to the ASTM E1527 practice are presented below. Recognized Environmental Condition - The presence or likely presence of any hazardous substances or petroleum products in, on, or at a property: (1) due to any release to the environment; (2) under conditions indicative of a release to the environment; or (3) under conditions that pose a material threat of a future release to the environment. Controlled Recognized Environmental Condition - A recognized environmental condition resulting from a past release of hazardous substances or petroleum products that has been addressed to the satisfaction of the applicable regulatory authority (for example, as evidenced by the issuance of a no further action letter or equivalent, or meeting risk -based criteria established by regulatory authority), with hazardous substances or petroleum products allowed to remain in place subject to the implementation of required controls (for example, property use restrictions, activity and use limitations, institutional controls, or engineering controls). Data Failure - A failure to achieve the historical research objectives as outlined in the ASTM E1527 practice even after reviewing the standard historical sources that are reasonably ascertainable and likely to be useful. Data failure is one type of data gap. Data Gap - A lack of or inability to obtain information required by this practice despite good faith efforts by the environmental professional to gather such information. Data gaps may result from incompleteness in any of the activities required by the ASTM E 1527 practice, including, but not limited to site reconnaissance (for example, an inability to conduct the site visit), and interviews (for example, an inability to interview the key site manager, regulatory officials, etc.). Data gaps are only considered to be significant if they affect the ability of the environmental professional to identify recognized environmental conditions. De Minimis Condition - A condition that generally does not present a threat to human health or the environment and that generally would not be the subject of an enforcement action if brought to the attention of appropriate governmental agencies. Conditions determined to be de minimis conditions are not recognized environmental conditions nor controlled recognized environmental conditions. Environment - (A) the navigable waters, the waters of the contiguous zone, and the ocean waters of which the natural resources are under the exclusive management authority of the United States under the Magnuson -Stevens Fishery Conservation and Management Act [16 U.S.C. §§ 1801 et seq.], and (B) any other surface water, groundwater, drinking water supply, land surface or subsurface strata, or ambient air within the United States or under the jurisdiction of the United States. Good Faith - The absence of any intention to seek an unfair advantage or to defraud another party; an honest and sincere intention to fulfill one's obligations in the conduct or transaction concerned. Hazardous Substance - Includes hazardous substances designated under section 311 of the Clean Water Act (CWA) or Section 102 of CERCLA, any toxic pollutant listed under Section 307(a) of the CWA, any waste that has been listed as a RCRA hazardous waste or possesses a RCRA hazardous waste characteristic, any substance that is identified as a hazardous pollutant under Section 112 of the Clean Air Act (CAA), and any imminently hazardous chemical that EPA has taken action pursuant to Section 7 of the Toxic Substances Control Act (TSCA). Historical Recognized Environmental Condition - A past release of any hazardous substances or petroleum products that has been addressed to the satisfaction of the applicable regulatory authority or Phase I Environmental Site Assessment January 16, 2022 Cabrillo Town Center, Santa Ana, CA ouncil 18 —1131 10/3/2023