Environmental Laws Flashcards
Before the hazards of asbestos were discovered, why was it used?
- Flame retardant
- Moisture resistant
- Insect resistant
- Lightweight insulator
- Flame retardant
Although asbestos had many benefits and features, flame resistance was the primary benefit.
- Asbestos is Friable.
- Defined as easily crumbled or pulverized.
- Caused lung cancer in workers installing asbestos insulation.
Contaminated properties where hazardous waste is located, are called what by the EPA?
- Contamination areas
- Hazardous sites
- Superfund sites
- Brownfields
- Superfund sites
Comprehensive Environmental Response, Compensation, & Liability Act (CERCLA)
• Passed in 1980 is known as Superfund.
• Places them on the National Priorities List (NPL)
• Established two trust funds to help finance the cleanup of properties
• impacted by the release of hazardous wastes and substances.
The EPA identifies contaminated property where hazardous waste is located as Superfund sites and places them on the National Priorities List (NPL)
- Brownfield:
- Land that is contaminated to a level that the cost of cleanup is greater than the value of the land.
- Potential buyer might receive government assistance with the cleanup in exchange for building income generating business.
Ed has been searching for a home for quite some time with no luck. A property is shown to him by a local agent. The agent disclosed that long ago this property was the site of a car salvage yard. Ed should do what before he decides to purchase the property?
- Have a risk assessment done by the EPA
- Check with the local zoning board to verify
- Take a sample of soil himself and smell it
- Have a land bearing test done
- Have a risk assessment done by the EPA
An EPA risk assessment consists of 4 steps
Step 1: Identify hazards, i.e., anything that may cause harm
Step 2: Decide who may be harmed, and how
Step 3: Assess the risks and take action
Step 4: Make a record of the findings
Kate has conducted farming on her property for more than 20 years. Because of the encroachment of new, smaller lots, the County changes the zoning on her parcel. The new zoning will not allow farming operations but has a clause that existing farming operations can continue for 10 years.
The county’s action is probably:
A. permissible if the county pays Kate compensation for the value of her land immediately.
B. lawful without the payment of any monetary compensation.
C. unlawful and Kate can have the new zoning ordinance set aside by a court.
D. unlawful unless Kate can continue the farming operation for as long as she wants, not just 10 years.
B. lawful without the payment of any monetary compensation.
• A public entity can amortize a legal nonconforming use without the payment of compensation if it gives the landowner a period of time to continue the use, after which the owner must cease the activity without
compensation.
Regarding environmental hazards on residential property, which statement is correct?
A. The seller should give a copy of the Environmental Hazards booklet to the buyer.
B. The seller must disclose any known environmental hazards to the buyer.
C. The seller must complete and give the Transfer Disclosure Statement to the buyer.
D. All of the statements are correct.
D. All of the statements are correct.
- Seller or Listing agent should give a copy of the Environmental Hazards booklet to the buyer
- Seller must disclose any known environmental hazards on the TDS and give it to the buyer
- If seller or agent has actual knowledge of environmental hazards on or affecting the subject property, that information must be disclosed on the TDS form.
Federal Laws affecting use of all public and private lands include:
A. National Environmental Policy Act B. The NEPA Process C. Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Superfund D. All of the above
D. All of the above
Federal Laws affecting use of all public and private lands include:
• National Environmental Policy Act
• The NEPA Process
• Clean Air and Water Acts
• Coastal Zone Management Act
• Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
• Superfund
Clean Air Act
- Passed in 1970, requires the EPA to establish national standards for clean air.
• The EPA designates how many particles of each pollutant can be present in the air.
• The EPA publishes guidelines called the National Emission Standards for Hazardous Air Pollutants (NESHAP)
Clean Water Act
The goal is to prohibit the discharge of pollutants in natural waters
• Create bodies of water that are clean enough for recreational swimming and fishing.
Coastal Zone Management Act
• Passed in 1972 provides for management of the nation’s coastal resources
• Balances economic development with environmental conservation.
• The CZMA outlines two national programs
• National Coastal Zone Management Program
• National Estuarine Research Reserve System.
• Aim to balance competing land and water issues in the coastal zone
The act that requires federal agencies on federal properties to conduct an environmental analysis?
A. National Environmental Policy Act
B. The NEPA Process
C. Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Superfund
D. Clean Air and Water Acts
A. National Environmental Policy Act of 1970 (NEPA)
- The first law to require that the environmental effects of public decisions be considered.
- Requires that federal agencies and other entities undertaking activities on federal property conduct an environmental analysis of the proposed project.
Act that established two trust funds to help finance the cleanup of properties that are impacted by the release of hazardous wastes and substances:
A. National Environmental Policy Act B. The NEPA Process C. Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Superfund D. Clean Air and Water Acts
C. Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA). Superfund
- Enables the federal government to place a lien on property subject to cleanup action.
- Unlike most government liens, the Superfund lien is subordinate to established senior liens.
The intersection of the land with the water at the mean high-water line describes a (an)
A. wetlands.
B. shoreline.
C. floodplain.
D. estuary.
B. shoreline
- A shoreline is the intersection of the land with the water (mean high water line).
- Wetlands are areas where water covers the soil, or is present either at or near the surface of the soil all year or for varying periods during the year
- A floodplain is the low land adjacent to a river, lake, or ocean. FEMA identifies flood plains - One flood in 100 years.
- An estuary is where seawater and fresh water mix together
The process by which there is an addition or reduction to property by the efforts of natural forces:
- Accretion
- Accession
- Reliction
- Avulsion
- Accession
• Accession is a process by which there is an addition or reduction to property by the efforts of natural forces.
Is the gradual and imperceptible addition of land to a parcel by the natural deposition and accumulation upon the bank of a stream or river:
- Accession
- Avulsion
- Reliction
- Accretion
- Accretion
• Accretion is the gradual and imperceptible addition of land to a parcel by the natural deposition and accumulation (alluvion) upon the bank of a stream or river.
Is the process of land adjacent to a watercourse covered by water becoming uncovered because of receding water.
- Reliction
- Accession
- Erosion
- Avulsion
- Reliction
- Reliction, which is the process of land adjacent to a watercourse covered by water becoming uncovered because of receding water.
- Erosion is the gradual wearing away of land by the natural processes of water, wind, or glacial ice.
Is the process by which the action of water causes a sudden, perceptible loss of or addition to land:
- Erosion
- Reliction
- Avulsion
- Reliction
- Avulsion
• Avulsion is the process by which the action of water causes a sudden, perceptible loss of or addition to land.
