Environmental Protection Legislation Flashcards

1
Q

Remediation:

A

The reversing or stopping of environmental damage, such as mold remediation

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2
Q

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

A

1980 act that established the Superfund and created a process for identifying potential responsible parties of environmental damage and ordering them to take responsibility for the cleanup action

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3
Q

HUD defines going green as

A

“a philosophical and social movement centered on a concern for the conservation and improvement of our natural resources.”

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4
Q

Most federal environmental legislation is enforced at the state level by the

A

Texas Commission on Environmental Quality (TCEQ)

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5
Q

The buyer is entitled to all information about the condition of the property. The bare minimum of disclosures that are required disclosures are included

A

TREC form, Seller’s Disclosure Notice.

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6
Q

law also requires that certain environmental hazards are to be disclosed to homebuyers in the form of specific contract addenda — which are forms that must be supplied in

A

Addition to contract

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7
Q

The two disclosure forms we’ll discuss here that are related to environmental concerns are:

A

Environmental Assessment, Threatened or Endangered Species, and Wetlands Addendum

Addendum for Seller’s Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards as Required by Federal Law

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8
Q

The EPA oversees the enforcement of

A

lead-based paint disclosures in real estate.

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9
Q

The Lead-Based Paint Disclosure is a federally-required addendum that must be presented to buyers of

A

all residential property built prior to 1978.

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10
Q

TREC has promulgated the Addendum for Seller’s Disclosure of Information on

A

Lead-Based Paint and Lead-Based Paint Hazards as Required by Federal Law for all Texas real estate license holders to use.

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11
Q

Lead poisoning in young children may cause permanent

A

neurological damage,

including learning disabilities, reduced intelligence quotient (I.Q.), behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women.

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12
Q

the EPA is authorized to visit brokerages and conduct surprise (!) investigations to make sure that brokers and agents are complying with the

A

Lead-Based Paint Disclosure laws.

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13
Q

An environmental audit includes the property’s history of use and the results of

A

extensive and complex tests of the soil, water, air, and structures.

Trained inspectors conduct air-sampling tests to detect radon, asbestos, electromagnetic fields, or soil and water quality.

Lead inspectors must be certified and, with a few exceptions, mold assessment consultants and mold remediators must be licensed.

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14
Q

When the work is completed, a licensed mold assessment consultant must conduct a post-remediation assessment and issue

A

a Certificate of Mold Remediation

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15
Q

Asbestos is a mineral that has been used for many years as

A

insulation; it has also been used in floor tile and in roofing material.

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16
Q

Carbon monoxide is an odorless gas that occurs as a by-product due to

A

incomplete combustion when burning such fuels as wood, oil, and natural gas.

17
Q

Groundwater Contamination

This refers to contamination of not only the runoff at ground level but also the underground water systems that are sources for

A

public and private wells.

18
Q

PCBs are carcinogenic substances used widely before 1977 as

A

coolants and lubricants in transformers, capacitors, and other electrical equipment.

19
Q

The EPA defines green building as

A

“the practice of creating structures and using processes that are environmentally responsible and resource-efficient throughout a building’s life-cycle, from site preparation to design, constructing, operating, maintenance, renovation, and deconstruction.”

20
Q

Green buildings are designed to reduce the overall impact of buildings on human health and the natural environment by:

A

Efficiently using energy, water, and other resources

Protecting occupant health and improving employee productivity

Reducing waste, pollution, and environmental degradation

21
Q

An EEM can help a purchaser qualify for a larger loan because a loan company takes into consideration

A

the money saved each month on utility bills.

22
Q

Energy Improvement Mortgages (EIMs), on the other hand, allow borrowers to include, in the mortgage, the cost of energy-efficiency improvements to an

A

Existing home