(a) As used in this part, unless the context otherwise requires:

1. (1) “Abandoned site” means a site on which industrial, commercial, or agricultural activity occurred and for which no responsible person can reasonably be pursued for a remedial response to clean up the site or when the Division of Environmental Quality determines it is in the best interest of the citizens of Arkansas to promote redevelopment under this part while continuing to pursue the responsible party or parties;
2. (2) “Division” means the Division of Environmental Quality;
3. (3) “Implementing agreement” means a plan, order, memorandum of agreement, or other enforceable document issued by the Division of Environmental Quality under provisions of the Arkansas Hazardous Waste Management Act, Arkansas Code § 8-7-201 et seq., the Remedial Action Trust Fund Act, Arkansas Code § 8-7-501 et seq., or the Arkansas Voluntary Cleanup Act, Arkansas Code § 8-7-1101 et seq., to implement the voluntary cleanup process described in Arkansas Code § 8-7-1104;
4. (4) “Industrial, commercial, or agricultural activity” means commercial, manufacturing, agricultural, or any other activity done to further either the development, manufacturing, or distribution of goods and services, as well as soil cultivation, crop or livestock production, including, but not limited to, research and development, warehousing, shipping, transport, remanufacturing, repair, and maintenance of commercial machinery and equipment;

5. (5) “Property” means property and improvements, including:

   1. (A) A “facility” as defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. § 9601(9); and
   2. (B) A “site” as defined in the Arkansas Hazardous Waste Management Act of 1979, Arkansas Code § 8-7-203(11);
6. (6) “Prospective purchaser” means a person who expresses a willingness to acquire an abandoned site and is not responsible for any preexisting pollution at or contamination on the site;
7. (7) “Remedy” means the selected actions necessary to effect permanent control, abatement, prevention, treatment, and/or containment of contaminants of concern at a site, including the removal of hazardous substances from the environment as necessary to protect public health and the environment and to attain the agreed cleanup levels specified in the enforceable agreement with the prospective purchaser;
8. (8) “Residential property” means any real property used as a dwelling or property with four (4) or fewer dwelling units used exclusively for residential use; and

9. (9)

   1. (A) “Site assessment” means the site assessment to establish the baseline level of existing contamination on a site.
   2. (B) The assessment shall identify, at a minimum, the:

(i) Location and extent of contamination;

1. (ii) Quantity or level of contamination;

   1. (iii) Type of contamination;

      1. (iv) Probable source of contamination; and
      2. (v) Risk or threat associated with the contamination as described in Arkansas Code § 8-7-1104.
   2. (C) The assessment also shall include a description of the intended land use of the site.