Figure: 7 TAC §90.503(c)(22)
"Hazardous Substances:
a. "Hazardous Substances" means
those substances defined as toxic or hazardous substances, pollutants, or
wastes by Environmental Law and the following substances:
gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides,
volatile solvents, materials containing asbestos or formaldehyde,
and radioactive materials;
b. "Environmental Law" means
federal laws and laws of the jurisdiction where the Property is located that
relate to health, safety or environmental protection;
c. "Environmental Cleanup"
includes any response action, remedial action, or removal action, as defined in
Environmental Law; and
d. "Environmental Condition" means
a condition that can cause, contribute to, or otherwise trigger an
Environmental Cleanup.
I will not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. I will not do, or allow anyone else to do, anything affecting the Property:
a. that is in
violation of any Environmental Law;
b. that creates an
Environmental Condition; or
c. that, due to the presence, use, or
release of a Hazardous Substance, creates a condition that adversely affects
the value of the Property.
The presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and for the maintenance of the Property are allowed. This includes Hazardous Substances found in consumer products.
I will promptly give you written notice of:
a. any investigation, claim, demand, lawsuit
or other action by any governmental or regulatory agency or private party
involving the Property and any Hazardous Substance
or Environmental Law of which I have actual knowledge;
b. any Environmental Condition, including
any spilling, leaking, discharge, release or threat of release of any Hazardous
Substance; and
c. any condition caused by the presence, use
or release of a Hazardous Substance which adversely affects the value of the
Property.
If I learn that, or am notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, I promptly will take all necessary remedial actions in accordance with Environmental Law. You will have no obligation for an Environmental Cleanup."