disclosure and environmental issue

Question 1

Residential Lead-Based Paint Hazard Reduction Act

Answer 1

disclosing lead-based paint hazards and providing the Environmental Protection Agency’s (EPA’s) “Protect Your Family From Lead in Your Home” pamphlet to buyers before entering into a sales contract for properties built before 1978.

Buyers must acknowledge receipt of the disclosure and pamphlet.
The EPA enforces Title X. Failure to comply with these regulations may result in requirements to comply, fines, and even jail time in extreme cases.

The federal government doesn’t require lead abatement in homes, but some states do require it.

Question 2

providing the Environmental Protection Agency’s (EPA’s) “Protect Your Family From Lead in Your Home” pamphlet to buyers before entering into a sales contract for properties built before what year?

Answer 2

1978

Question 3

Lead Renovation, Repair, and Painting (RRP) Rule

Answer 3

requires contractors who perform tasks that may disturb lead-based
paint to be certified and to follow lead-safe work practices.

Question 4

Radon

Answer 4

occurs naturally in the environment and can be found in soil and well water. Radon enters a home through the building’s cracks and
crevices, and experts believe it can cause lung cancer.

Question 5

what can home owner do about radon?

Answer 5

Homeowners can purchase self-test kits for radon and then send them to a lab for analysis.

Results are measured in picocuries. If the home tests at or above a level of 4 picocuries per liter, experts recommend mitigation, which can include sealing cracks and other foundation or basement openings and installing a vent system.

Question 6

Asbestos

Answer 6

a fibrous material that’s dangerous when it begins to deteriorate and becomes friable (easily crumbled or reduced to dust), was used
in many materials before the 1970s because of its fire-retardant qualities. Particles can damage the lungs when inhaled.

The use and disposal of asbestos is regulated by the EPA; some states have enacted their own laws related to asbestos handling and
disposal.

Only licensed professionals should handle asbestos.

Question 7

As with all material defects, licensees and sellers are required to follow state disclosure requirements related to known elevated radon levels, the
presence of asbestos, and the presence of mold.

Question 8

Groundwater contamination

Answer 8

a concern on some properties. Mining activities, landfills, and
agricultural pesticides contribute to groundwater contamination.

Question 9

Waste disposal sites

Answer 9

other word for landfills

Waste sites that are no longer active are often capped (covered with soil). Ventilation pipes are placed from the base of the waste site through the cap to expel accumulated natural gases caused by decomposition of the waste. Test wells are installed and monitored to test for
groundwater contamination. Golf courses, parks, and housing and office complexes are often constructed on these capped disposal sites.

Question 10

brownfield

Answer 10

Properties that have been contaminated by commercial or industrial use

The Brownfields law, enacted in
2002, provides funds to assess and clean up brownfields. Contaminants at these sites include petroleum, industrial waste, and even waste and
biproducts from methamphetamine labs

Question 11

National Flood Insurance Program (NFIP)

Answer 11

helps homeowners in floodplains obtain flood insurance.

Question 12

The Clean Air Act of 1970

Answer 12

authorized the EPA to establish air quality standards to protect human health and the environment.

Question 13

Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)

Answer 13

aimed at cleaning up abandoned

or uncontrolled hazardous waste sites and responding to spills that could endanger public health or the environment.

Question 14

Superfund sites

Answer 14

place the EPA identifies as needing

cleanup

Question 15

Superfund Amendments and Reauthorization Act (SARA) of 1986

Answer 15

amended CERCLA to relieve innocent landowners of liability from pollution caused by a third party or contamination that occurred before the owner purchased the property.

Immunity from liability may be available
for owners in cases in which the owner:
-Had no knowledge of the damage
-Performed due diligence when purchasing the property, including a Phase I environmental site assessment
-Took reasonable precautions and acted responsibly when the contamination was discovered

Question 16

Stages of environmental site assessment

Answer 16

Phase I: Investigation – Investigators examine the property history and physical features to assess the risk of existing environmental hazards.

Phase II: Testing – If Phase I indicates contamination, investigators sample and test soil, air, or water according to the potential contamination. Testing results determine whether cleanup is required.

Phase III: Cleanup – Responsible parties or the government performs cleanup.

Phase IV: Management – Appropriate parties monitor the project and address any ongoing or potential issues.

Question 17

latent defects

Answer 17

not visible or easily detected in a

cursory inspection

Question 18

When should disclosure happen?

Answer 18

before contractual agreement takes place