Glossary of Environmental Terms

Activity Use Limitation (AUL) — a Grant of Environmental Restriction due to existing contamination at that property which cannot be cleaned up but poses little or no risk due to appropriate containment measures.

Acute Exposure — a short exposure to a toxic substance; technically, 14 days or less.

Affected Individual — an individual who experiences or may experience significant health, safety, welfare or environmental impacts from contamination at a site.

Agency — a department, office, authority of the federal, state or local government.

Aquifer — a geologic formation that is capable of yielding significant amounts of groundwater to wells and springs.

Area of Critical Concern — an area as such designated by the Massachusetts Secretary of Environmental Affairs pursuant to 310 CMR 12.00.

Assessment — investigations, monitoring, surveys, testing and other information to identify the source, nature, extent of a release or threat of release of oil and/or hazardous material to the environment; and the extent of risk or danger to public health, safety, welfare and the environment.

Background levels — those levels of substances naturally found in the environment.

Biota — plant or animal life.

Brownfield — An abandoned or underutilized distressed property that has actual or perceived contamination and has potential for redevelopment or reuse. There are an estimated 600,000 environmentally impaired properties across the United States that may be eligible for consideration and classification as a Brownfield. Brownfield

Developer — A for-profit individual or organization whose primary revenue arises from the acquisition, renewal, and/or transfer of real estate actually or perceived to be environmentally impaired responsibilities.

Cancer — a group of diseases caused by alterations in the genetic material.

Cancer Risk — the estimated probability that an individual's exposure to an oil or hazardous material could result in cancer.

Carcinogens — substances that can produce cancer in humans.

CERCLA — the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. ss601 et seq., as amended.

Chronic Exposure — an exposure at low concentration but of long duration to a toxic substance, typically months or years; technically, an exposure of more than one year.

Class A Surface Water Body — any segment of inland or coastal surface waterbody classified "Class A" pursuant to 314 CMR 4.00.

Community — any city or town of the Commonwealth.

Community Development Corporation — Usually a 504 (c) 3 nonprofit organization created to facilitate the development of economically distressed properties typically utilizing publicly provided capital (HUD, EPA, etc.). They will often serve as an umbrella organization to facilitate the efforts of several nonprofit developers.

Containment — actions taken in response to a release or threat of a release of oil and/or hazardous material to prevent or minimize such a release so that it does not migrate and cause substantial danger to health, safety, public welfare, or the environment.

Contamination — containing oil or hazardous material.

Contaminated Groundwater — groundwater containing oil and or hazardous material associated with a release.

Contaminated Media — Contaminated Groundwater, Contaminated Sediment, Contaminated Soil and/or Contaminated Surface Water.

Contaminated Sediments — sediments containing oil and or hazardous material associated with a release.

Contaminated Soil — soil containing oil and or hazardous material associated with a release.

Contaminated Surface Water — surface water containing oil and or hazardous material associated with a release.

DEP — the Massachusetts Department of Environmental Protection; a state agency that regulates activities that impact the environment.

Developer — A for-profit individual or organization whose primary revenue arises from the acquisition and/or development of real estate. Acquires environmentally impaired property on an intermittent basis.

Discharge — any addition, direct or indirect of oil and/or hazardous material at or from a disposal site to any waters of the Commonwealth, sewer system, ground surface or subsurface.

Disposal Site — any structure, well, pit, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft, or any other place or area where uncontrolled oil and/or hazardous material has come to be located as a result of spilling, leaking, pouring, abandoning, emitting, emptying, discharging, injecting, dumping or discarding of such oil or hazardous material.

Downgradient property — a parcel of land which is located in a perpendicular direction of lower elevation from a point, area or land which is the source of a release of contamination.

Endangered Species — those vertebrate and invertebrate species listed as endangered by the Massachusetts Division of Wildlife and Fisheries under 321 CMR 10.00.

Environment — waters, land, surface and subsurface strata and ambient air.

Environmental Receptor — any living organism other than humans, and/or any habitat that supports living organisms that comes into contact with oil and/or hazardous material as a result of a release to the environment.

Environmental Restriction — a covenant or restriction concerning the use of a property.

EPA — the United States Environmental Protection Agency; a federal agency that regulates activities that impact the environment.

EPH — Extractable Petroleum Hydrocarbons.

Excess Lifetime Cancer Risk — the estimated probability that an individual's exposure during a lifetime to an oil or hazardous material could result in cancer.

Exposure — any contact with or ingestion, inhalation, or assimilation of oil and/or hazardous material.

Exposure Pathway — the mechanism by which human or environmental receptors inhale, consume, absorb or otherwise take in oil and/or hazardous material at an exposure point.

Exposure Point — a location of potential contact between a human or environmental receptor and a release of oil and/or hazardous material.

Groundwater — any water below the earth's surface.

Habitat — an area of the environment where an organism or biological population normally lives.

Hazard Index — the calculation of the possibility of non-cancer health effects as a result of exposure to one or more oil and/or hazardous materials.

Hazardous Material — any substance that because of its quantity, concentration, chemical, flammable, reactive, toxic or infectious or radioactive characteristics when present constitutes a potential hazard to human health, safety, public welfare or the environment when improperly stored, treated, transported or disposed of.

Hazardous Waste — any substance that because of its quantity, concentration, or physical, chemical or infectious characteristics may cause serious illness or pose potential hazard to human health, safety, public welfare or the environment when improperly stored, treated, transported or disposed of.

Hot spot — a discrete area where concentrations of oil and/or hazardous materials area at substantially higher levels than those in other areas.

Human Receptor — a person who is likely to be affected by contamination at a site.

Immediate Response Action — any response action to contain contamination.

Imminent Hazard — a hazard that would pose significant risk of harm to health, safety, public welfare or the environment if present for even a short period of time.

IWPA — Interim Wellhead Protection Area is an area within a hydrologically delineated Zone II whose pumping rate is 100,000 gallons per day or more for a public water supply.

Investor — An individual or organization that provides capital in the interest of receiving a return. The entity has the sole discretion to, and has, partially or fully, financed the acquisition, renewal or development of an environmentally impaired property.

Intermediary — An individual or organization that facilitates a real estate transaction by introduction of parties and/or the provision of subject specific expertise (i.e. environmental consulting services, insurance or financing to help facilitate the completion of a brownfield transaction).

Lake — any open body of fresh water within a surface area of ten acres or more.

Licensed Site Professional — a hazardous waste site cleanup professional who renders decisions on the cleanup of a disposal site.

Monitoring Well — a well designed to facilitate the measurement and collection of groundwater and/or gas levels for suspected contamination.

Municipal Developer — A government unit that has been established by a municipality which focuses on assembling and acquiring real estate actually or perceived to be environmentally impaired for renewal, development or sale within the bounds of its jurisdiction.

Negative Value Site — A contaminated property where the cost to acquire, remediate and clean titles is much greater than the unimpaired value of the property. These properties number in the thousands across the Unites States.

Neutral Value Site — A contaminated property where to cost to acquire, remediate and clean titles is approximately equal to the unimpaired value of the property. These properties number in the hundreds of thousands across the Unites States.

No Further Action — a document submitted to DEP upon completion of all response actions at a site.

No Significant Risk — a level of control of each identified substance of concern at a site or in the surrounding environment such that no such substance of concern shall pose a significant risk to health, safety, public welfare or the environment during any foreseeable period of time.

NPL Site — A designated site on the National Priorities List by the U.S. EPA of the worst contaminated sites in the United States.

OHM — Oil and/or Hazardous Material.

Oil — insoluble or partially soluble oil such as crude or fuel oil.

PCBs — Polychlorinated Biphenyls are compounds that were used as insulation material in capacitors and transformers.

Permanent Solution — a measure or combination of measures that when implemented, ensure a level of control at a disposal site that contamination does not pose a significant risk to health, safety, public welfare, or the environment during any foreseeable period of time.

Positive Value Site — A contaminated property where the cost to acquire, remediate and clean titles is less than the unimpaired value. These properties number in the tens of thousands across the Unites States.

PRP — Potentially Responsible Party us a person who is potentially liable pursuant to M.G.L. c.21E for contamination.

Private Water Supply Well — a well utilized by a private water system.

Public Involvement — activities undertaken by a person or persons to inform the public of decisions regarding response actions at a disposal site.

Public Water Supply — a source of water supply included but not limited to a public water system.

RCRA — the Federal Solid Waste Disposal Act as revised by the Resource Conservation and Recovery Act of 1976, Public Law 94-580, 42, U.S.C. s 6901.

Real Estate Investment Trust (REIT) — Investment organization whose primary revenue arises from the acquisition, development and/or management of real estate and that diversifies risk by offering shares of the portfolio as opposed to ownership of specific assets. Acquires environmentally impaired property on an intermittent basis.

Receptor — a human or environmental receptor.

Release — any spilling, leaking, pumping, pouring, emptying, discharging, injecting, dumping, leaching, escaping, emitting, or disposing of oil and/or hazardous material into the environment.

Remedial Action — any containment or removal of oil and/or hazardous materials.

Remedial Action Plan — the document prepared to justify the cleanup of a disposal site.

Removal Action — the cleanup or removal of oil and/or hazardous material from the environment.

RC — Reportable Concentration is the concentration that requires notification to DEP regarding a release of oil and/or hazardous material.

Request for Information — a request issued to an agency for information relevant to a release, threat of release, site or oil and/or hazardous material.

Requirement — a regulation, order, license or approval by an agency which has the authority to enforce.

Residual Contamination — low levels of contamination remaining at a disposal site which do not require further remedial action.

Response Action — to assess, contain and/or remove contamination from a disposal site.

Response Action Outcome — the classification of a disposal site at which there is no significant risk.

RP — Responsible Party is a person or entity who is liable under M.G. L. c. 21E to the Commonwealth, or to any other person for any costs or damages due to contamination.

Risk Assessment/Characterization — the procedures to characterize risks of harm to health, safety, public welfare and the environment as set forth in 310 CMR 40.0900.

River — a water body contained within a channel that contains flowing water.

Route of Exposure — a mechanism by which an oil or hazardous material comes into contact with a receptor, including but not limited to ingestion, inhalation, dermal absorption and transpiration.

School — any public or private elementary or secondary school, and any day care center, as defined in M.G.L. c.28A, s9.

Sediments — all inorganic and organic matter situated on the bottom of lakes, ponds, streams, rivers, the ocean, or other surface water bodies.

Sheen — a shiny appearance of oil or waste oil on the surface of any river, stream, lake, pond, spring, impoundment, estuary, coastal water or groundwater.

Significant Risk — an identified substance or substances of concern at a site or in the surrounding environment pose a threat of harm to health, safety, public welfare or the environment during any foreseeable period of time.

Site — any building, structure, installation, equipment, pipe or pipeline, including pipe discharging into a sewer or publicly-owned treatment works, well, pit, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft, or any other place or area where oil or hazardous material has been deposited, stored, disposed of or placed, or otherwise located.

Soil — mineral and organic matter overlying bedrock influenced by ecologic and environmental factors, except sediment.

Sole Source Aquifer — the sole or principal source of drinking water pursuant to s.1424 of the Federal Safe Drinking Water Act, as amended.

Species of Concern — those vertebrate and invertebrate animal species of special concern by the Massachusetts Division of Fisheries and Wildlife under 321 CMR 10.00.

Substantial Hazard — a hazard that would pose significant harm to health, safety, public welfare, or the environment if present for several years.

Substantial Release Migration — a release of oil and/or hazardous material likely to leach from soil into the groundwater or migrate in groundwater for which an Immediate Response Action is required.

Surface Water — all waters other than groundwater within the jurisdiction of the Commonwealth, including but without limitation, rivers, streams, lakes, ponds, sprints, impoundments, estuaries, wetlands, coastal waters, vernal pools.

Temporary Solution — any measure or combination of measures that will, when implemented, eliminate any substantial hazard presented by a disposal site or by any oil and/or hazardous material at or from such site in the environment until a Permanent Solution is achieved.

Threatened Species — those vertebrate or invertebrate animal species officially listed as threatened species by the Massachusetts Division of Fisheries and Wildlife under 321 CMR 10.00.

Threat of Release — the likelihood of a release of oil and/or hazardous material which requires action to prevent or mitigate damage to health, safety, public welfare or the environment which may result from the release.

Tier Classification — the requirements, standards and procedures set forth by the Massachusetts DEP to classify a disposal site according to the contamination on the property.

TPHs — Total Petroleum Hydrocarbons.

Upgradient Property — a parcel of land that is the source or a release which has come to be located on the parcel of land which is located at a lower elevation.

Vernal Pool — a water body that is a confined basin depression which holds water for two continuous months during the spring and/or summer and is free of adult fish populations.

VOCs — Volatile Organic Compounds are carbon-containing substances.

VPHs — Volatile Petroleum Hydrocarbons.

Water Quality Criteria — the concentrations of oil and/or hazardous material in water developed by EPA pursuant to s 304(a)(1) of the federal Water Pollution Control Act.

Water Quality Standards — acceptable regulatory limits in surface and groundwaters pursuant to the Massachusetts Surface Water Quality Standards (314 CMR 4.00) and Massachusetts Groundwater Quality Standards (314 CMR 6.00).

Watershed — the region or area that directs surface runoff from precipitation, normally by gravity, into a stream or body of impounded surface water.

Water Table —the upper elevation of the surface of a saturated zone.

Well — a bored, drilled or driven shaft, or dig hole whose depth is greater than its largest surface dimension.

Wetland — an area subject to the protection under the Massachusetts Wetlands Protection Act, M.G. L. c. 131 s 40, the regulations 314 CMR 9.00 under the Massachusetts Clean Waters Act or Section 401 of the federal Water Pollution Control Act, 33, U.S.C. 1341.

Welfare — the protection of harm to soil, water, crops, natural ecosystems, visibility, climate from materials of human origin.

Wildlife — any mammal, bird, reptile, amphibian, fish, or other vertebrate or invertebrate animal species.

Zone II — an area of an aquifer that contributes water to a well.