Page:United States Statutes at Large Volume 115 Part 3.djvu/287

 PUBLIC LAW 107-118-^AN. 11, 2002 115 STAT. 2361 Act of 1980 (42 U.S.C. 9601) is amended by adding at the end the following: "(39) BROWNFIELD SITE. — "(A) IN GENERAL. —The term 'brownfield site' means real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant. "(B) EXCLUSIONS.—The term 'brownfield site' does not include— "(i) a facility that is the subject of a planned or ongoing removal action under this title; "(ii) a facility that is listed on the National Priorities List or is proposed for listing; "(iii) a facility that is the subject of a unilateral administrative order, a court order, an administrative order on consent or judicial consent decree that has been issued to or entered into by the parties under this Act; "(iv) a facility that is the subject of a unilateral administrative order, a court order, an administrative order on consent or judicial consent decree that has been issued to or entered into by the parties, or a facility to which a permit has been issued by the United States or an authorized State under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1321), the Toxic Substances Control Act (15 U.S.C. 2601 et seq.), or the Safe Drinking Water Act (42 U.S.C. 300f et seq.); "(v) a facility that— "(I) is subject to corrective action under section 3004(u) or 3008(h) of the Solid Waste Disposal Act (42 U.S.C. 6924(u), 6928(h)); and "(II) to which a corrective action permit or order has been issued or modified to require the implementation of corrective measures; "(vi) a land disposal unit with respect to which— "(I) a closure notification under subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.) has been submitted; and "(II) closure requirements have been specified in a closure plan or permit; "(vii) a facility that is subject to the jurisdiction, custody, or control of a department, agency, or instrumentality of the United States, except for land held in trust by the United States for an Indian tribe; "(viii) a portion of a facility— "(I) at which there has been a release of poly- chlorinated biphenyls; and "(II) that is subject to remediation under the Toxic Substances Control Act (15 U.S.C. 2601 et seq.); or "(ix) a portion of a facility, for which portion, assistance for response activity has been obtained under subtitle I of the Solid Waste Disposal Act (42 U.S.C. 6991 et seq.) from the Leaking Underground Storage

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