Polluting Substances means all pollutants. Contaminants or chemicals or industrial, toxic or hazardous substances or wastes and shall include, without limitation, any flammable explosives, radioactive materials, oil, hazardous materials, hazardous or solid wastes, hazardous or toxic substances or related materials defined in CERCLA, the Superfund Amendments and Reauthorization Act of 1986, RCRA, the Hazardous Materials Transportation Act, as any of the same are hereafter amended, and in the regulations adopted and publications promulgated thereto; provided in the event any of the foregoing Environmental Laws is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effective date of such amendment and, provided further, to the extent that the applicable laws of any state establish a meaning for "hazardous substance", "hazardous waste", "hazardous materials", "solid waste" or "toxic substance" that is broader than that specified in any of the foregoing Environmental laws, such broader meaning shall apply.
At all times while owning and operating the Collateral, the Borrower will maintain and retain complete and accurate records of all releases, discharges or other disposal of Polluting Substances on, onto, into or from the Collateral, including, without limitation, records of the quantity and type of any Polluting Substances disposed of on or off the Collateral.
Except as set forth on Schedule 3.25., no Property has been deed recorded or otherwise been identified in public records or should have been recorded or so identified as containing Polluting Substances.
Polluting Substances has the meaning set forth in the definition of Environmental Laws.
The term "Environmental Condition" shall mean the presence, whether discovered or undiscovered, in surface water, ground water, drinking water supply, land surface, subsurface strata, above ground and underground tanks or other containers, or ambient air of any Polluting Substances arising out of 21 or otherwise related to the operations or other activities (including the disposition of such materials or substances) conducted or undertaken at the Premises.
Annex 10 provides for a list of Hazardous Polluting Substances (HPS) in shipping and commerce that may release to the Great Lakes ecosystem have or potentially could have toxic effects on aquatic and animal life.