Environmental Protection Legislation Flashcards
Remediation:
The reversing or stopping of environmental damage, such as mold remediation
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA):
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
HUD defines going green as
“a philosophical and social movement centered on a concern for the conservation and improvement of our natural resources.”
Most federal environmental legislation is enforced at the state level by the
Texas Commission on Environmental Quality (TCEQ)
The buyer is entitled to all information about the condition of the property. The bare minimum of disclosures that are required disclosures are included
TREC form, Seller’s Disclosure Notice.
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
Addition to contract
The two disclosure forms we’ll discuss here that are related to environmental concerns are:
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
The EPA oversees the enforcement of
lead-based paint disclosures in real estate.
The Lead-Based Paint Disclosure is a federally-required addendum that must be presented to buyers of
all residential property built prior to 1978.
TREC has promulgated the Addendum for Seller’s Disclosure of Information on
Lead-Based Paint and Lead-Based Paint Hazards as Required by Federal Law for all Texas real estate license holders to use.
Lead poisoning in young children may cause permanent
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.
the EPA is authorized to visit brokerages and conduct surprise (!) investigations to make sure that brokers and agents are complying with the
Lead-Based Paint Disclosure laws.
An environmental audit includes the property’s history of use and the results of
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.
When the work is completed, a licensed mold assessment consultant must conduct a post-remediation assessment and issue
a Certificate of Mold Remediation
Asbestos is a mineral that has been used for many years as
insulation; it has also been used in floor tile and in roofing material.
Carbon monoxide is an odorless gas that occurs as a by-product due to
incomplete combustion when burning such fuels as wood, oil, and natural gas.
Groundwater Contamination
This refers to contamination of not only the runoff at ground level but also the underground water systems that are sources for
public and private wells.
PCBs are carcinogenic substances used widely before 1977 as
coolants and lubricants in transformers, capacitors, and other electrical equipment.
The EPA defines green building as
“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.”
Green buildings are designed to reduce the overall impact of buildings on human health and the natural environment by:
Efficiently using energy, water, and other resources
Protecting occupant health and improving employee productivity
Reducing waste, pollution, and environmental degradation
An EEM can help a purchaser qualify for a larger loan because a loan company takes into consideration
the money saved each month on utility bills.
Energy Improvement Mortgages (EIMs), on the other hand, allow borrowers to include, in the mortgage, the cost of energy-efficiency improvements to an
Existing home
