Ch 14: Environmental Issues & Arizona Water Law

Question 1

A preliminary site analysis:

a. is conducted by a certified or licensed specialist
b. includes a thorough evaluation of any abandoned buildings
c. includes a complete evaluation of the occupied buildings
d. includes drilling for soil samples

Answer 1

b. includes a thorough evaluation of any abandoned buildings

In general looking at on-site and surrounding properties is more important than looking inside buildings. A certified or licensed specialist should conduct any study beyond a preliminary site analysis that is determined necessary by the site analysis.

Question 2

A Phase I environmental assessment includes all of the following procedures EXCEPT:

a. Pollution cleanup
b. Hydrology studies
c. Tile research
d. A site inspection

Answer 2

a. Pollution cleanup

A Phase I environmental assessment includes a site inspection, title research and hydrology studies, but does not require the cleanup of any pollution that is discovered in the assessment. A Phase I environmental assessment could allow a purchaser of property to claim an innocent Purchaser defense if environmental damage was subsequently discovered.

Question 3

The environmental phase typically conducted under the supervision of an Local Oversight Agency is known as a:

a. Phase 4
b. Phase 2
c. Phase 3
d. Phase 1

Answer 3

c. Phase 3

Phase 3 Environmental is a general term used for describing the site characterization and cleanup or remediation phase. This phase is typically conducted under the supervision of the Local Oversight Agency.

Question 4

The standards of liability for cleanup under the superfund legislation include all of the following, EXCEPT:

a. Retroactive liability
b. Unending liability
c. Criminal liability
d. Strict liability

Answer 4

c. Criminal liability Correct! Criminal liability is not one of the four standards of liability under the superfund legislation. The fourth standard not listed in the answer choices is joint and several liability.

Question 5

A brownfield is:

a. Land with no vegetation
b. Farmland that is not cultivated due to climate change
c. A desert landscape
d. Abandoned or underused urban area due to issues related to toxic contamination

Answer 5

d. Abandoned or underused urban area due to issues related to toxic contamination

A brownfield is a property in which the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant.

Question 6

The Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) is also known as:

a. SARA
b. Superfund
c. WQARF
d. Clean Water Act

Answer 6

b. Superfund

CERCLA is also known as Superfund.

Question 7

The Environmental Phase undertaken when an Environmental Site Assessment determines a likelihood of site contamination is a:

a. Phase 1
b. Phase 4
c. Phase 2
d. Phase 3

Answer 7

c. Phase 2

A Phase 2 Environmental Site Assessment is an “intrusive” investigation that collects original samples of soil, groundwater or building materials to analyze for quantitative values of various contaminants.

Question 8

When altering an Arizona dry desert wash, a developer needs to consider the requirements of the:

a. Toxic Substance Control Act (TSCA)
b. Clean water Act (Wetlands)
c. Superfund amendments and Reauthorization Act (SARA)
d. CERCLA (Superfund)

Answer 8

b. Clean water Act (Wetlands)

The Clean Water Act due to the definition of Wetlands.

Question 9

Residential homeowners are not liable for cleanup at state and federal Superfund sites, EXCEPT when:

a. The release took place 5 years earlier.
b. All real property owners are liable for cleanup without exception.
c. The release took place prior to the purchase by the current homeowner
d. The release resulted from the actions of the homeowner

Answer 9

d. The release resulted from the actions of the homeowner.

Residential homeowners are not liable for cleanup at state and federal Superfund sites according to current policies. However, homeowners can be held liable for cleanup when their own actions have led to a release of hazardous substances or the property is used for nonresidential purposes.

Question 10

Until the remediation of the residual contamination from a clandestine drug laboratory is complete, the owner must notify a buyer within how many days after the buyer signs the purchase contract to buy the subject property?

a. 20 days
b. 30 days
c. 10 days
d. 5 days

Answer 10

d. 5 days

Notification must be made within 5 days

Question 11

Large cracks in the ground that are formed as a result of soil surface tension due to land subsidence are known as:

a. Earth Subsidence
b. Earth Surface Damage
c. Earth fissures
d. Ground water Pumping Effect

Answer 11

c. Earth fissures

Earth fissures are large cracks in the ground that are formed as a result of soil surface tension due to land subsidence. Land subsidence is mainly caused by groundwater pumping.

Question 12

A radioactive gas produced when certain natural radioactive minerals break down or decay is:

a. Urea-Formaldehyde
b. Mold
c. Radon
d. Carbon Monoxide

Answer 12

c. Radon

Radon gas can enter a structure by way of slab cracks and leaks and through porous building materials. This radioactive decay damages lung tissues and may cause cancer.

Question 13

After notification of a clandestine drug laboratory operation on an owner’s real property, how many months is the owner given to complete the cleanup of the residual contamination?

a. 12 months
b. 9 months
c. 6 months
d. 3 months

Answer 13

a. 12 months

Arizona Revised Statutes require the owner of the real property to remediate the residually contaminated portion of the real property within 12 months after the date of notice of removal.

Question 14

Sellers and lessors of most residential properties are required to disclose the presence of known lead-based paid hazards if the property was built before:

a. 1988
b. 1978
c. 1998
d. 1968

Answer 14

b. 1978

Disclosure is required if the house was built before 1978. The Arizona Association of REALTORS has a Lead-Based Paint Disclosure Form.

Question 15

A medical condition where people in a building suffer from symptoms of illness or feel unwell for no apparent reason is known as:

a. Hypochondria
b. Legion’s Disease
c. Sick building Syndrome
d. Allergies

Answer 15

c. Sick Building Syndrome

Sick Building Syndrome symptoms tend to increase in severity with the time people spend in the building and improve over time or even disappear when people are away from the building.

Question 16

Potable water is:

a. Poisonous
b. Stored in a sealed container
c. The product of erosion
d. Drinkable

Answer 16

d. Drinkable

Water that can be safely and agreeably used to drink is Potable Water.

Question 17

The water table is:

a. The depth of the stream or river
b. The high water mark
c. The land below the water.
d. The depth at which groundwater can be found

Answer 17

d. The depth at which groundwater can be found

The natural level at which water will be located, be it above or below the surface of the ground is known as the Water Table.

Question 18

In Arizona, the doctrine for use of water is:

a. Riparian doctrine
b. Doctrine of prior appropriation and reasonable use
c. Littoral doctrine
d. Colorado River doctrine

Answer 18

b. Doctrine of prior appropriation and reasonable use

In Arizona, all water rights are governed by the doctrine of prior appropriation and reasonable use, which is often translated to mean, “first in time, first in use”. The state Department of Water Resources controls the use of water in the state, and any user must show beneficial use of water requested and secure a permit. Requests for permits may be made for surface water or groundwater.

Question 19

Both the Adequate and Assured Water Supply Programs are based on demonstration of water supply for:

a. 25 years
b. 75 years
c. 100 years
d. 50 years

Answer 19

c. 100 years

The Adequate and Assured Water supply Programs are based on demonstration of water supply for 100 years.

Question 20

The amount of water it takes to fill an acre of land one foot deep is known as:

a. An acre foot
b. Alluvion
c. A lot of water
d. Riparian

Answer 20

a. An acre foot

A volume of water equal to an area of one acre with a depth of one foot (43,560 cubic feet) and equal to 325,850 gallons of water is known as an Acre Foot.

Question 21

Ownership rights of land bordering non-navigable rivers and streams are known as:

a. Accretion rights
b. Littoral rights
c. Riparian rights
d. Prior appropriation rights

Answer 21

c. Riparian rights

In Arizona, the Riparian Rights apply only to the land rights of properties that border a waterway. The ownership of land along a stream, river or lake is determined by the fact that the waterway is navigable or non-navigable.

Question 22

Which of the following would be considered an exempt domestic well?

a. Any size pump used for domestic use
b. One with a maximum pump capacity of 50 gallons per minute
c. Any size pump as long as you give notice of intent to drill.
d. One with a maximum pump capacity of 35 gallons per minute

Answer 22

d. One with a maximum pump capacity of 35 gallons per minute

An Exempt Domestic Well may pump up to 35 gallons per minute.

Question 23

All of the following about irrigation grandfathered rights in an Active Management Area are true, EXCEPT:

a. The rights can be sold separately
b. They apply to farming for cash crops
c. Each owner that properly applied has an annual allotment of water per acre
d. The rights run with the land forever.

Answer 23

a. The rights can be sold separately

Irrigation Grandfather Rights apply to farming for cash crops. These rights run with the land forever and are automatically conveyed when the land is conveyed. They are inseparable from title to the land. Each farmer that properly applied has an allotted number of irrigation aces and an annually allotted amount of water per acre. There is a mechanism by which they may use more water in some years and less in others, called the Flexible Account. A farmer may accrue credits for future use under this system.

Question 24

Inside the five AMA’s water can be withdrawn from the ground in all of the following, EXCEPT:

a. For a Certificate of Assured Water supply for a new subdivision
b. By virtue of grandfathered rights.
c. By special permits
d. For the expansion of municipal provider service areas

Answer 24

a. For a Certificate of Assured Water supply for a new subdivision

Inside an AMA, water can be withdrawn from the ground only for expansion of municipal provider service areas, by special permits or by virtue of grandfathered rights.

Question 25

The Active Management Areas for ground water include all of the following, EXCEPT:
Select one:
a. Pinal County
b. Phoenix
c. Flagstaff 
d. Tucson

Answer 25

c. Flagstaff

The five Active Management Areas are: Prescott, Phoenix, Pinal county, Santa Cruz county and Tucson.