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<br />EXHIBIT D
<br />DEFINITION OF HAZARDOUS MATERIALS
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<br />"Hazardous Materials" shall mean any and all material, waste, chemical, compound,
<br />substance, mixture, or byproduct that is identified, defined, designated, listed, restricted or
<br />otherwise regulated under Environmental Laws as a "hazardous constituent," "hazardous
<br />substance," "hazardous material," "extremely hazardous material," "hazardous waste," "acutely
<br />hazardous waste," "hazardous waste constituent," "infectious waste," "medical waste,"
<br />"biohazardous waste," "extremely hazardous waste," "pollutant," "toxic pollutant," or
<br />"contaminant," or any other formulation intended to classify substances by reason of properties
<br />that are deleterious to the environment, natural resources or public health or safety including,
<br />without limitation, ignitability, corrosiveness, reactivity, carcinogenicity, toxicity, and
<br />reproductive toxicity. The term "Hazardous Materials" shall include, without limitation, the
<br />following:
<br />
<br />(a) A "Hazardous Substance," "Hazardous Material," "Hazardous Waste," or "Toxic
<br />Substance" under the Comprehensive Environmental Response, Compensation and Liability Act
<br />of 1980,42 US.c. Section 9601, et seq., the Hazardous Materials Transportation Act, 49 US.c.
<br />Section 1801, et seq. or the Solid Waste Disposal Act, 42 D.S.C. Section 6901, et seq., including
<br />any regulations promulgated thereunder, as any of the foregoing may be amended;
<br />
<br />(b) An "Acutely Hazardous Waste," "Extremely Hazardous Waste," "Hazardous
<br />Waste," or "Restricted Hazardous Waste," under Section 25110.02,25115,25117 or 25122.7 of
<br />the California Health and Safety Code, or is listed pursuant to Section 25140 of the California
<br />Health and Safety Code, as any of the foregoing may be amended;
<br />
<br />(c) "Hazardous Material," "Hazardous Substance" or "Hazardous Waste" under
<br />Section 25281, 25316, 25501, or 25501.1 of the California Health and Safety Code, as any of the
<br />foregoing may be amended;
<br />
<br />(d) "Oil" or a "Hazardous Substance" under Section 311 ofthe Federal Water
<br />Pollution Control Act, 33 US.C. Section 1321, as maybe amended, as well as any other
<br />hydrocarbonic substance, fraction, distillate or by-product;
<br />
<br />(e) Any substance or material defined, identified or listed as an "Acutely Hazardous
<br />Waste," "Extremely Hazardous Material," "Extremely Hazardous Waste," "Hazardous
<br />Constituent," "Hazardous Material," "Hazardous Waste," "Hazardous Waste Constituent," or
<br />"Toxic Waste" pursuant to Division 4.5, Chapters 10 or 11 of Title 22 of the California Code of
<br />Regulations, as may be amended;
<br />
<br />(f) Any substance or material listed by the State of California as a chemical known
<br />by the State to cause cancer or reproductive toxicity pursuant to Section 25249.8 ofthe
<br />California Health and Safety Code, as may be amended;
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