Unit 21 Flashcards
Asbestos
Mineral composed of fibers that have fireproofing and insulating qualities, but is a health hazard when broken down (become friable) and are inhaled. Banned since 1978
Encapsulation
Prevents fibers from becoming airborne
Lead
Found in pipes, pipe solder, air, and soil. Accumulates in the body and can damage the brain, nervous system, kidneys, and blood.
Lead-based paint
Found in many housing built before 1978
Lead-Based Paint Hazard Reduction Act of 1992 (LBPHRA)
Requires disclosure of known lead-based paint hazards to potential buyer or renters
“Protect Your Family from Lead in Your Home”
Pamphlet created by EPA, HUD, and the Consumer Product Safety Commission
“Renovate Right”
Given to the property owner before work begins
Radon
Odorless, tasteless, radioactive gas produced by the natural decay of radioactive substances in the ground and is found throughout the United States. May cause lung cancer. Testing is not a federal requirement
Formaldehyde
Hazardous air pollutant in the Clean Air Act Amendments of 1990, used for buildings and household product, such as urea-formaldehyde foam insulation (UFFI), and may cause respiratory problems, eye and skin irritations, and possible cancer. Since 1985, regulated by HUD for use in wood products
Carbon monoxide (CO)
Colorless, odorless gas that is by-product of fuel burning. Inhaling may cause poisoning, can result in death unless the gas us properly vented. Detectors may be required
Polychlorinated biphenyls (PCBs)
Suspecting of causing health problems, may be found electrical equipment. Manufacturing and commercial distribution is banned since 1979
Chlorofluorocarbons (CFCs)
Used in refrigerators, aerosol sprays, paints, solvents, and foam applications, are no longer manufactured worldwide since 1996
Groundwater
Found under earth’s surface and forms the water table
Safe Drinking Water Act (SDWA) 1974
Regulates the public drinking water supply. Water should be tested
Clean Water Act
EPA protects and improves the quality of wetlands
Underground storage tanks (USTs)
Contain petroleum products, industrial chemicals, and other substances are subject to federal law (regulated by EPA) and state law. Should inspect
Waste disposal sites
A landfill disposal site, whether excavated or created in previously mined property, is lined to prevent seepage, capped with soil for aesthetic reasons, and vented to release gases created by decomposing water
Brownfields legislation
Encourages development of abandoned properties by shielding innocent developers from liability for toxic wastes that existed at a site prior to purchase
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
Administered and enforced by EPA. Established as a Superfund to clean up uncontrolled hazardous waste sites and identifies Potential Responsible Parties (PRPs). Defines Innocent Landowner Immunity
Strict Liability
Landowner has no defense to the responsibility for cleanup
Joint and Several liability
Each of several landowners is responsible for the entire cleanup
Retroactive liability
Occurs when the present owner and previous owners are considered responsible for cleanup
Environmental Site Assessment (ESA)
recommended by real estate professionals
Phase 1 ESA
Physical examination of the property and investigating of its history