Chapter 6 Property Disclosures and Environmental Issues

Question 1

Most environmental regulations and enforcement on the federal level is through:

Answer 1

EPA

Question 2

Property Conditions & Environmental Issues:

Answer 2

Hazardous Substances
Clean Air and Water Acts
EPA

Question 3

Lead

Answer 3

is found in paint and pipes, and soil.

Question 4

Buyer has right to inspect for lead

Answer 4

within 10 days of the effective date of the contract and may terminate the contract due to the inspection within 14 days of the effective date by providing written notice to the seller

Question 5

Does the disclosure allow buyers to waive their rights to a lead inspection?

Answer 5

Yes

Question 6

How many years must a seller keep a record/copy of disclosure?

Answer 6

at least three years from the sale date

Question 7

Landfills or waste disposal sites

Answer 7

improperly constructed, can lead to groundwater contamination. (know locations and disclose. Recommend water testing.

Question 8

Underground storage fuel tanks (UST)

Answer 8

10% or more below the ground that are old, rusty, leaking, can cause groundwater contamination.

Question 9

UST are sometimes found on commercial and residential property

Answer 9

Yes

Question 10

Exempt for federal UST

Answer 10

Farm & residential tanks of 1,100 gallons or less capacity holding motor fuel used for noncommercial purposes

Tanks storing heating oil used on the premises where it is stored

Tanks on or about the floor of underground areas, such as basements or tunnels

Septic tanks and systems for collecting storm water and wastewater

Question 11

Farming herbicides and pesticides

Answer 11

are other sources of groundwater contamination - recommend water testing

Question 12

Asbestos

Answer 12

is an insulating material……problems arise in its removal.

Question 13

ACM (Asbestos Containing Materials)

Answer 13

can be friable or easily crumbled.

Question 14

Methods of abatement include

Answer 14

removal, encapulation, and/or enclosure or sealing the area.

Question 15

Radon

Answer 15

is a naturally occurring colorless and odorless gas produced by the decay of radioactive materials in rocks under the ground.

Question 16

Radon

Answer 16

enter homes through the foundation

Question 17

randon mitigation plans

Answer 17

can reduce radon levels through the installation of pipes and fans

Question 18

Radon

Answer 18

mostly likely to exist in colder climates

Question 19

Mold

Answer 19

mold needs water, oxygen, nutrients, and the right to temperature to grow

Question 20

A source of nutrients for mold is :

Answer 20

paper - it is basically pre-digested wood

Question 21

Greenfields

Answer 21

land that has never previously been developed

Question 22

Greyfields

Answer 22

land able to be redeveloped ( empty Walmart)

Question 23

Brownfields

Answer 23

land known to be hazardous - most likely a hazardous industrial site

Question 24

Greywater

Answer 24

is gently used water from your bathroom sinks, showers, tubs and washing machines.

Question 25

Greywater

Answer 25

may contain traces of dirt, food, grease, hair and certain household cleaning products

Question 26

Blackwater

Answer 26

denotes wastewater from toilets, which likely contains pathogens

Question 27

Wetlands

Answer 27

are a link between land and water

Question 28

Wetlands

Answer 28

government defines wetlands as : an area where water covers the soil, or is present either at or near the surface of the sil all year or far varying periods of time during the year, including during the growing season.

Question 29

EPA

Answer 29

regulates many wetlands

Question 30

Wetlands

Answer 30

are sometimes called a mire, swamp, bog, peat or marsh

Question 31

FEMA (Federal Emergency Management Agency)

Answer 31

oversees the National Flood Insurance Program (NFIP) in the USA

Question 32

Army of Corps of Engineers

Answer 32

Flood-prone areas throughout the country have been identified on maps

Question 33

homeowner policy

Answer 33

will protect the property from damage due to a variety of reasons, including but not limit to fire, storms, some, vandalism, and other perils.

Question 34

Clean Air & Water Acts-

Answer 34

sets guidelines for emissions of hazardous air pollutants.

Question 35

EPA

Answer 35

administer the Clean Air & Water Acts

Question 36

EPA

Answer 36

charged with administering all environmental laws in the US. CERLA (administered by the EPA

Question 37

CERLA

Answer 37

passed in 1980 and created the Superfund to help pay for the cleanup of hazardous spills and waste.

Question 38

What two agencies have the authority to spend CERCLA funds?

Answer 38

Indian Tribes & Federal & State Regulatory Agencies

Question 39

Past & Present property owners

Answer 39

are liable for the cleanup

Question 40

SARA (Superfund Amendment and Reauthorization Act)

Answer 40

passed to increase the balance available for cleanups

Question 41

Phase 1 ESA

Answer 41

commercial property where there might be hazardous materials on site