Unit 21 Flashcards
What do pollution and hazardous substances affect?
attractiveness, safety, desirability, and market value of cities, neighborhoods, and backyards
Types of environmental Hazards
mold, lead-based paint, contaminated well water, contaminated groundwater from a nearby landfill, radon gas, CFCs from an air conditioner, carbon monoxide, dripping PCBs, electromagnetic radiation, Urea-Formaldehyde insulation, Asbestos Ceiling Tiles
Asbestos
a fire-resistant mineral that was once extensively used as insulation and to strengthen other materials
Problem with asbestos
can create airborne contaminants that may result in respiratory diseases
Encapsulation
the sealing off of disintegrating asbestos; way to control asbestos
Requirement for asbestos removal process
state-licensed technicians and specially sealed environments
Friable
as it ages, fibers break down into tiny filaments that hang in the air for a long time
Who can perform asbestos inspections?
certified asbestos inspectors
Problem with lead based paint
can result in damage to the brain, nervous system, kidneys, and blood; children under 6 are particularly vulnerable
Lead-Based Paint Hazard Reduction Act (LBPHRA)
requires disclosure of the presence of any known lead-based paint hazards to potential buyers or renters
Radon
a naturally occuring, colorless, odorless, tasteless, radioactive gas produced by the decay of other radioactive substances
Formaldehyde
a colorless chamical with a strong, pronounced odor used widely in manufacturing of building materials and many household products because of its preservative characteristis
Problem with Formaldehyde
probably human carcinogen; can trigger respiratory problems, eye and skin irritations, Sick Building Syndrome contributor
Largest source of formaldehyde in any building
off-gassing from pressed-wood products using adhesives that contain urea-formaldehyde resins
Urea-Formaldehyde Foam Insulation (UFFI)
once popular, was banned, now legal but not used much; can have high formaldehyde emissions if incorrectly mixed
Carbon Monoxide
colorless, odorless, and tasteless gas that occurs as a by-product of burning fuels
Problem with Carbon Monoxide
quickly absorbed by body, inhibiting the blood’s ability to transport oxygen, resulting in dizziness, nausea, and potentially death
Polychlorinated Biphenyls (PCBs)
consist of more than 200 chemical compounds that are not found naturally in nature; flame resistant often used in electrical equipment
Problem with PCBs
carinogenic, cause lower fertility and shortened life spans
Underground storage Tanks UST)
commonly found on sites where petroleum products are used or where gas stations and auto repair shops are or were located
Resource Conservation and Recovery Act (RCRA)
federal law that gives the EPA authority to develop a program for proper management of underground storage tanks, as well as hazardous and nonhazardous solid waste
Brownfields
defunct, derelict, or abandoned commerical or industrial sites, many of which may contain toxic waste
Problem with brownfields
eyesores and potentially dangerous and hazardous properties
Does federal law require you test for lead paint?
no
What does the EPA require from sellers, landloards and renovators of residential dwellings built before 1978?
- landloards must disclose known information on lead-based paint and hazards before lease starts
- sellers must disclose information on lead-based paint and hazards before execution of contract for sale
- buyers must have 10 days to conduct a risk assessment or inspection for lead-based paint
- real estate professionals must give buyers and lessees the “Protect Your Family from Lead in Your Home” pamphlet
- Anyone who is paid to perform work that disturbs paint in housing, schools and child care facilities built before 1978 must be trained and certified in EPA lead-based paint work pactices
- Real estate professionals must ensure that all parties comply with the law
- Sellers, lessors, and renovators must disclose any prior test results or any knowledge of lead-based paint hazards
Home inspection methods for lead-based paint
- paint inspection
2. risk assessment
Paint inspection
provides the lead content of every differnet type of painted surface in a home
Risk assessment
indicates whether there are any sources of serious lead exposure
Problem with Radon
can cause lung cancer, carcinogen
Highest level of Radon considered safe
4 pCi/L
Chlorofluorocarbons (CFCs)
nontoxix, nonflammable chemicals used as refrigerants in air conditioners, refrigerators, and freezors
Problem with CFCs
deplete ozone layer
Mold
can be found almost anywhere and can grow on almost any organic substance, as long as moisture, oxygen and an organic food source are present
Problem with mold
can gradually destroy what it is growing on, cause allergic reactions, astham attacks, produce potent toxins or irritants
Why is mold particularly important for real estate professionals
homeonwers insurance policies generally excluse mold from coverage
Do you need to disclose mold contamination
no
Groundwater
water that exists under the earth’s surface within the tiny spaces or crevices in geological formations, forms the water table
water table
the natural level at which the fround is saturated
Problem with groundwater
contamination threatens pure, clean water for private wells or public water systems;
Sources of water contamination
runoff from waste disposal sites, leaking underground storage tanks, septic systems, dry wells, storm drains, illegal disposal of hazardous materials, regular use of insecticides and herbicides
Safe Drinking Water Act (Safe Drinking Water Act)
protects public health by regulating the nation’s public drinking water supply; authorizes the EPA to set national health-based standards for drinking water
Federal Water Pollution Control Act of 1948
Clean Water Act
EPA is conerned with protecting and improving the quality of wetlands, areas where water covers the soil all of part of the time
Types of underground storage tahnks exempt from federal regulations
- tanks holding less than 110 gallons
- farm and residential tanks that hold 1100 gallons or less of motor fuel used for noncommercial purposes
- tanks that store heating oil burned on the premises
- tanks on or above the floor of underground areas
- septic tanks and systems for collecting storm water and wastewater
Requirements for UST owners
- register all tannks
- adhere to installation, maintenance, corrosion prevention, overspill prevention, monitoring and recordkeeping requirements
Capping
the process of laying 2-4 ft of soil over the top of the waste disposal site and then planting grass on it to enhance the landfill’s aesthetic value and prevent erosion
Problem with special hazardous disposal sites
contain radioactive waste from nuclear power plants, toxic chemicals, and waste materials produced by medical, scientific and industrial processes
Small Business Liability Relief and Brownfields Revitalization Act (Brownfields Law)
provides funds to assess and clean up brownfields, clarifies liability protections, and provides tax incentives towards enhancing state adn tribal response programs
Why is Brownfields law important in real estate
shields innocent developers from liability for toxic wastes that existed at a site prior to the purchase of property
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)
established a fund to clean up uncontrolled hazardous waste sites and to respond to spills
Strict Liability
if other parties are not available for environmental cleanup, the landowner who did not cause the problem could be solely responsible for the cleanup costs
Liability for environmental concerns
landowner is liable under CERCLA when a release or a threat of release of a hazardous substance has occured on the landowner’s property; landowner can be held responsible for cleanup even if it wasn’t their fault
Strict Liability
the owner is responsible to the injured party without excuse
Join and Several Liability
each individual owner is personally responsible for the total damages
Retroactive Liability
liability is not limited to the current owner but includes prior owners during the time the site was contaminated
Superfund Amendments and Reauthorization Act (SARA)
in certain cases, a landowner in the chain of ownership was completely innocent of all wrongdoing and therefore should not be held liable
Criteria to be exempt from environmental Liability
- pollution was caused by a third party
- property was acquired after the fact
- landower has no actual or constructive knowledge of the damage
- Due care was exercised when the property was purchased
- Reasonable precautions were taken in the exercise of ownership rights
2 most serious effects on property value associated with environmental problems
undisclosed landfills, hazardous waste sites
A real estate professional can avoid liability for environmental issues by
- becoming familiar with common environmental problems in the licensee’s area
- looking for signs of environmental contamination
- suggesting (and including as a contingency) an environmental audit if the licensee suspencts contamination
- giving no advice on environmental issues
Environmental auditors
scientific or technical experts who can provide the most comprehensive studies
Environmental Site Assessment (ESA)
often performed on a property to show that due care was exercised in determining whether any environmental impairments exist
A Phase 1 ESA
requested first to determine whether any potential environmental problems exist at or near the subject property that may cause impairment
A Phase 2 ESA
soil, water and other tested; performed if wanted
Environmental Impact Statement
details the impact the project will have on the environment
