Chapter 17 - Environmental Concerns Flashcards
What information is included in the National Priorities List?
Sites that appear to warrant remedial actions.
Identifies what CERCLA-Financed remedial actions may be appropriate.
ID
Site name
How does CERCLA define a PRP in environmental law?
What is the difference between strict liability and joint and several liability?
CERCLA PRP: potentially responsible person. Present owners and operators, past owners and operators at the time hazmat was at the site, generators of hazmat found at the site, and persons who arranged to transport hazmat to the site.
Strict liability: no need to show fault by the PRP, only that they are a PRP
Joint and several liability: any one or more of a group of PRP’s can be sued without including all of them. Any one of them may be responsible for all of the hazmat cleanup costs.
What type of study is performed to determine remediation and management after hazardous environmental substances have been found on a site?
Site assessments
Phase III and IV
What should an owner do if asbestos is discovered in his property?
Get it inspected.
If ok, do not disturb it. Encapsulate it, protect it and don’t mess with it.
If it’s damaged, get an asbestos specialist to remove it.
What must be disclosed regarding lead paint in sales transactions?
Must be disclosed to renters and buyers. Only buyers get 10 days to inspect. Only required on houses built before 1978. Buyers and renters get the booklet. If seller knows, must disclose it.
What are the requirements regarding disclosure of radon gas?
Must be disclosed at or before entering contract.
Inspection not required.
Disclosure does not have to be acknowledged with a signature.
