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CLI Prelicensing > Unit 21 > Flashcards

Unit 21 Flashcards

1
Q

What do pollution and hazardous substances affect?

A

attractiveness, safety, desirability, and market value of cities, neighborhoods, and backyards

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2
Q

Types of environmental Hazards

A

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

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3
Q

Asbestos

A

a fire-resistant mineral that was once extensively used as insulation and to strengthen other materials

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4
Q

Problem with asbestos

A

can create airborne contaminants that may result in respiratory diseases

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5
Q

Encapsulation

A

the sealing off of disintegrating asbestos; way to control asbestos

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6
Q

Requirement for asbestos removal process

A

state-licensed technicians and specially sealed environments

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7
Q

Friable

A

as it ages, fibers break down into tiny filaments that hang in the air for a long time

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8
Q

Who can perform asbestos inspections?

A

certified asbestos inspectors

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9
Q

Problem with lead based paint

A

can result in damage to the brain, nervous system, kidneys, and blood; children under 6 are particularly vulnerable

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10
Q

Lead-Based Paint Hazard Reduction Act (LBPHRA)

A

requires disclosure of the presence of any known lead-based paint hazards to potential buyers or renters

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11
Q

Radon

A

a naturally occuring, colorless, odorless, tasteless, radioactive gas produced by the decay of other radioactive substances

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12
Q

Formaldehyde

A

a colorless chamical with a strong, pronounced odor used widely in manufacturing of building materials and many household products because of its preservative characteristis

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13
Q

Problem with Formaldehyde

A

probably human carcinogen; can trigger respiratory problems, eye and skin irritations, Sick Building Syndrome contributor

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14
Q

Largest source of formaldehyde in any building

A

off-gassing from pressed-wood products using adhesives that contain urea-formaldehyde resins

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15
Q

Urea-Formaldehyde Foam Insulation (UFFI)

A

once popular, was banned, now legal but not used much; can have high formaldehyde emissions if incorrectly mixed

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16
Q

Carbon Monoxide

A

colorless, odorless, and tasteless gas that occurs as a by-product of burning fuels

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17
Q

Problem with Carbon Monoxide

A

quickly absorbed by body, inhibiting the blood’s ability to transport oxygen, resulting in dizziness, nausea, and potentially death

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18
Q

Polychlorinated Biphenyls (PCBs)

A

consist of more than 200 chemical compounds that are not found naturally in nature; flame resistant often used in electrical equipment

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19
Q

Problem with PCBs

A

carinogenic, cause lower fertility and shortened life spans

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20
Q

Underground storage Tanks UST)

A

commonly found on sites where petroleum products are used or where gas stations and auto repair shops are or were located

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21
Q

Resource Conservation and Recovery Act (RCRA)

A

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

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22
Q

Brownfields

A

defunct, derelict, or abandoned commerical or industrial sites, many of which may contain toxic waste

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23
Q

Problem with brownfields

A

eyesores and potentially dangerous and hazardous properties

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24
Q

Does federal law require you test for lead paint?

A

no

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25
Q

What does the EPA require from sellers, landloards and renovators of residential dwellings built before 1978?

A
  1. landloards must disclose known information on lead-based paint and hazards before lease starts
  2. sellers must disclose information on lead-based paint and hazards before execution of contract for sale
  3. buyers must have 10 days to conduct a risk assessment or inspection for lead-based paint
  4. real estate professionals must give buyers and lessees the “Protect Your Family from Lead in Your Home” pamphlet
  5. 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
  6. Real estate professionals must ensure that all parties comply with the law
  7. Sellers, lessors, and renovators must disclose any prior test results or any knowledge of lead-based paint hazards
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26
Q

Home inspection methods for lead-based paint

A
  1. paint inspection

2. risk assessment

27
Q

Paint inspection

A

provides the lead content of every differnet type of painted surface in a home

28
Q

Risk assessment

A

indicates whether there are any sources of serious lead exposure

29
Q

Problem with Radon

A

can cause lung cancer, carcinogen

30
Q

Highest level of Radon considered safe

A

4 pCi/L

31
Q

Chlorofluorocarbons (CFCs)

A

nontoxix, nonflammable chemicals used as refrigerants in air conditioners, refrigerators, and freezors

32
Q

Problem with CFCs

A

deplete ozone layer

33
Q

Mold

A

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

34
Q

Problem with mold

A

can gradually destroy what it is growing on, cause allergic reactions, astham attacks, produce potent toxins or irritants

35
Q

Why is mold particularly important for real estate professionals

A

homeonwers insurance policies generally excluse mold from coverage

36
Q

Do you need to disclose mold contamination

A

no

37
Q

Groundwater

A

water that exists under the earth’s surface within the tiny spaces or crevices in geological formations, forms the water table

38
Q

water table

A

the natural level at which the fround is saturated

39
Q

Problem with groundwater

A

contamination threatens pure, clean water for private wells or public water systems;

40
Q

Sources of water contamination

A

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

41
Q

Safe Drinking Water Act (Safe Drinking Water Act)

A

protects public health by regulating the nation’s public drinking water supply; authorizes the EPA to set national health-based standards for drinking water

42
Q

Federal Water Pollution Control Act of 1948

Clean Water Act

A

EPA is conerned with protecting and improving the quality of wetlands, areas where water covers the soil all of part of the time

43
Q

Types of underground storage tahnks exempt from federal regulations

A
  1. tanks holding less than 110 gallons
  2. farm and residential tanks that hold 1100 gallons or less of motor fuel used for noncommercial purposes
  3. tanks that store heating oil burned on the premises
  4. tanks on or above the floor of underground areas
  5. septic tanks and systems for collecting storm water and wastewater
44
Q

Requirements for UST owners

A
  1. register all tannks
  2. adhere to installation, maintenance, corrosion prevention, overspill prevention, monitoring and recordkeeping requirements
45
Q

Capping

A

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

46
Q

Problem with special hazardous disposal sites

A

contain radioactive waste from nuclear power plants, toxic chemicals, and waste materials produced by medical, scientific and industrial processes

47
Q

Small Business Liability Relief and Brownfields Revitalization Act (Brownfields Law)

A

provides funds to assess and clean up brownfields, clarifies liability protections, and provides tax incentives towards enhancing state adn tribal response programs

48
Q

Why is Brownfields law important in real estate

A

shields innocent developers from liability for toxic wastes that existed at a site prior to the purchase of property

49
Q

Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)

A

established a fund to clean up uncontrolled hazardous waste sites and to respond to spills

50
Q

Strict Liability

A

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

51
Q

Liability for environmental concerns

A

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

52
Q

Strict Liability

A

the owner is responsible to the injured party without excuse

53
Q

Join and Several Liability

A

each individual owner is personally responsible for the total damages

54
Q

Retroactive Liability

A

liability is not limited to the current owner but includes prior owners during the time the site was contaminated

55
Q

Superfund Amendments and Reauthorization Act (SARA)

A

in certain cases, a landowner in the chain of ownership was completely innocent of all wrongdoing and therefore should not be held liable

56
Q

Criteria to be exempt from environmental Liability

A
  1. pollution was caused by a third party
  2. property was acquired after the fact
  3. landower has no actual or constructive knowledge of the damage
  4. Due care was exercised when the property was purchased
  5. Reasonable precautions were taken in the exercise of ownership rights
57
Q

2 most serious effects on property value associated with environmental problems

A

undisclosed landfills, hazardous waste sites

58
Q

A real estate professional can avoid liability for environmental issues by

A
  1. becoming familiar with common environmental problems in the licensee’s area
  2. looking for signs of environmental contamination
  3. suggesting (and including as a contingency) an environmental audit if the licensee suspencts contamination
  4. giving no advice on environmental issues
59
Q

Environmental auditors

A

scientific or technical experts who can provide the most comprehensive studies

60
Q

Environmental Site Assessment (ESA)

A

often performed on a property to show that due care was exercised in determining whether any environmental impairments exist

61
Q

A Phase 1 ESA

A

requested first to determine whether any potential environmental problems exist at or near the subject property that may cause impairment

62
Q

A Phase 2 ESA

A

soil, water and other tested; performed if wanted

63
Q

Environmental Impact Statement

A

details the impact the project will have on the environment

CLI Prelicensing (23 decks)

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