Environmental Regulations (S2U4) Flashcards
Section 404 (Clean Water Act):
purpose states “to avoid to the extent possible the long and short term adverse impacts associated with the destruction or modification of wetlands and to avoid direct or indirect support of new construction in wetlands wherever there is a practicable alternative.”
Section 404 Permit (Clean Water Act)
A permit for activities involving the discharge of dredged or fill material into waters protected by the Clean Water Act .
Wetland Requirements
must have water in sufficient quantity, frequency, and duration.
Section 404 Permit applications are reviewed by who?
the US Army Corps of Engineers or by the state authority
Wetlands provide what 6 benefits?
1) Erosion Control
2) Flood & Storm Water Control
3) Habitat for fish & birds
4) Surface & Groundwater Protection
5) Natural Beauty
6) Pollution Treatment
Floodplains
areas of low-lying property adjacent to a water source, such as a river or lake
Floodway
the area of a floodplain where water flows during a flood.
Waterfront
property that abuts a body of water.
Coastal Zones Management Act
(1972) preserves, protects, develops and where possible, restores or enhances the resources of the nation’s coastal zone.
The Rivers & Harbors Appropriation Act
(1899) prohibits discharging refuse into, altering the course of, excavating, filling, or changing the condition or capacity of any port, harbor, or channel without a license or permit, or building any wharf, pier or other structure in any water outside established harbor lines without a permit.
National Environment Policy Act
NEPA - requires federal agencies to evaluate the environmental effects of their proposed actions before making decisions.
Environmental Impact Statement
EIS - describes the action that may impact the environment and will be used to consider ways to minimize the negative environmental impact of the project.
Comprehensive Environmental Response, Compensation, & Liability Act
(1980) CERCLA - A superfund to clean up abandoned or uncontrolled hazardous waste sites and respond to spills that may endanger public health or the environment.
and requires the responsible party to clean them up.
4 Phases of Environmental Site Assessment
1) Investigation
2) Testing
3) Clean up
4) Management
Superfund Amendments & Reauthorization Act
(1986) SARA - an “innocent landowner” is not responsible for contamination if they did not know about it when the property was purchased.
5 Federal Agencies that protect wetlands
1) US Army Corps of Engineers
2) Environmental Protection Agency
3) US Fish and Wildlife Service
4) National Oceanic and Atmospheric Administration
5) Natural Resources Conservation Service
This government agency oversees navigation and water supply
US Army Corps of Engineers
This government agency directs wetland protection at the chemical, physical, and biological levels
Environmental Protection Agency
This government agency manages fish and wildlife game species and threatened and endangered species
US Fish and Wildlife Service
This government agency protects the nation’s coastal resources
National Oceanic & Atmospheric Administration
This government agency manages wetlands impacted by agricultural activities
Natural Resources Conservation Service
4 Benefits of floodplains
1) Store floodwaters
2) Prevent Erosion
3) Help maintain water quality
4) Act as natural water filters
True or False: New Residential Construction is prohibited in a floodplain
False: New residential construction is prohibited in a floodway.
What act encourages coastal states to develop and implement coastal zone management plans?
Coastal Zones Management Act of 1972
3 steps for an Environmental Impact Statement
1) Developers create an EIS for review
2) 30 day comment period on EIS and public hearing
3) A final EIS report incorporates all the findings of the environmental site assessment
True or False: the Dept of Housing & Urban Development has to conduct EIS for every HUD assisted project.
True
What act created a tax on chemical & petroleum industries?
Comprehensive Environmental Response, Compensation, & Liability Act (CERCLA)
What act created requirements for closed and abandoned hazardous waste sites?
Comprehensive Environmental Response, Compensation, & Liability Act (CERCLA)
This act established liability for hazardous waste release at these sites, requiring landowners to take responsibility for cleanup?
Comprehensive Environmental Response, Compensation, & Liability Act (CERCLA)
3 Types of Liability of CERCLA?
1) Strict: The owner is absolutely responsible, regardless of who’s at fault.
2) Joint & Several: Each of the responsible parties is personally responsible for the total damages.
3) Retroactive: Both current and prior owners are liable.
True or False: Under CERCLA, landowners can be held responsible for the clean-up costs of hazardous waste even if they didn’t cause the waste.
True
True or False: When responsible parties (for hazardous waste or EPA violations) refuse to pay, the EPA can take them to court and sue for damages for up to 3x the amount of the clean up bill
True
This act Stressed the importance of permanent remedies and innovative treatment technologies in the clean-up process
Superfund Amendments & Reauthorization Act (SARA) 1986
This act Required the Superfund to abide by the standards and requirements of other state and federal environmental laws and regulations
Superfund Amendments & Reauthorization Act (SARA) 1986
This act Provided new enforcement authorities and settlement tools
Superfund Amendments & Reauthorization Act (SARA) 1986
This act encouraged greater citizen participation in decision making regarding clean-up and Increased state involvement in every phase of the program
Superfund Amendments & Reauthorization Act (SARA) 1986
This act Increased the size of its trust fund to $8.5 billion
Superfund Amendments & Reauthorization Act (SARA) 1986
This act Required the EPA to revise its hazardous ranking system to ensure that it accurately assessed risk levels for human health and the environment for placement on the national priorities list
Superfund Amendments & Reauthorization Act (SARA) 1986
This act Created an innocent landowner immunity status for cases in which:
Superfund Amendments & Reauthorization Act (SARA) 1986
This act established new regulations that impacted the use, manufacture, and disposal of certain appliances used for residential and commercial air conditioning, refrigeration, and cooling purposes.
Clean Air Act (1970)
If a client is obtaining a home warranty for a property containing cooling appliances built before 2010, they should do what?
your client should ask how a repair need is handled under the plan, as those that contain Freon® can’t be repaired.
True or false: homeowners can be required to buy appliances mandated by the act in order to qualify for a home warranty plan.
False: homeowners can’t be required to buy appliances mandated by the act in order to qualify for a home warranty plan.
This act makes it illegal to dump pollutants from a point source, such as pipes and ditches, into navigable waters without a permit.
Clean Water Act
Amendments to this Act in 1986 extended the EPA’s authority to include underground storage tanks that hold petroleum and other hazardous substances.
Resource Conservation and Recovery Act:
