Unit 21 - Enviromental Issues & The RE Transaction Flashcards

1
Q

Hazard substances

A

Asbestos- 20% of buildings and houses have it. Latex paint encapsulates it. Banned 1978. In 3000 different building material

  • no guidelines for residential housing
  • not required to move it
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2
Q

Friable

A

Stays in air

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3
Q

Lead based paint abs other hazard

A

Inhaled or infested.

Paint and pipes

Alkaloid paint has led in it.

57 million homes
75% have it prior to 1978

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4
Q

Led based paint hazard reduction act - LBPHRA

A

Must give EPA disclosure to buyer

10 days to set up lead based inspection

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5
Q

Radon

A

Gas produced by decaying radioactive substances

Class A carcinogen

Below 4 pCi/L -picocarry

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6
Q

Alpha track detector

A

Home based radon detector- 48 hours

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7
Q

Electronic continuous monitoring

A

Continuous tracking of radon

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8
Q

Formaldehyde

A

Must find level of gas and source

Probable carcinogen

10-20% are sensitive to it

Respiratory and skin irritation

Major contributor to SBS- sick building syndrome

Pressed wood products

HUD regulated since 1985

2013 new regulations enforced by EPA

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9
Q

1990 clean air act

A

Must measure indoor air pollutant

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10
Q

2013 new regulations

A

Wood with adhesives

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11
Q

UFFI

A

Urea formaldehyde foam insulation

Insulation with formaldehyde

Was banned. Now it’s legal

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12
Q

Carbon monoxide

A

Non combusted carbon monoxide

Sources:
Portable generator 
Furnaces 
Space heaters 
Wood stoves
Improper ventilation 
Equipment failure
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13
Q

Polychlorinated Biphenyls(PCB)

A

Used in insulated materials and old caulking

1970 or older electronic equipment

Cause issuer when it breaks it container

Doesn’t not break down .

Reasonably carcinogenic

Banned in 1979

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14
Q

Chlorofluorocarbons CFCs

A

Old air conditioner and refrigerator aerosols spays, paint

Harmless in lower atmosphere - nontoxic or flammable

Deplete ozone layer

Ended in 1996

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15
Q

Mold

A

Potentially potent.

Cause by moisture problem

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16
Q

The buyer has the right and burden of discovery

A

Right to see if anything is wrong with the property

17
Q

Electro magnetic field

A

Generated by the movement of electrical current

Puts out EMFs

18
Q

Groundwater protection

A

Water table-underneath the earth

Septic system
Leaking storage tanks
Dump hazard materials

19
Q

Safe drinking water act

A

1974

Amendments in 1986 and 1996

Report any health risk within 24 hrs

20
Q

Fracking

A

EPA newest concern

21
Q

UST

A

Must be at least 10% underground

Underground storage tANK

EPA regulated

Not regulated:
Under 110 gallons
Under 1100 gallons motor fuel for non commercial use
Stores heated oil for on premise use
Not burried
Septic tanks to collect waste and storm water

22
Q

Tomb

A

Radioactive landfill

23
Q

Capping

A

2-4 feet above landfill

24
Q

Brownfield

A

Abandon factories

Browns field law 2002 - provide $ for purchase from government, liability protection, and tax rebate. Shields the innocent

25
Q

EPA

A

Environmental protection agency

26
Q

CERCLA

A

Comprehensive environmental response, compensation, and liability act

1980

Cleans hazardous situations

Identify responsible parties and makes them clean it up

27
Q

Strict liability

A

Owner responsible/ no excuse

1 person

28
Q

Joint and several liability

A

Each owner responsible

29
Q

Retroactive liability

A

Current owner not the only person responsible

30
Q

Superfund amendment and reauthorization act

A

SARA

revision to CERCLA

Giving more than 9 billion

Protects the innocent

Innocent landowner immunity clause

31
Q

Potentially reasonable party PRP

A

EPA can bring a civil action against you for 3x the amount of clean up

32
Q

Agent liability

A

Become aware of environmental issues

33
Q

ESA

A

Environmental site assessment

Phase 1 - examine area
Phase 2- testing if needed

34
Q

EIS

A

Environmental impact statement

Federally funded project and private development