BA CHPT 10
. The Environmental Protection Agency (EPA) requires permits for the storage or transfer of hazardous wastes. a. True b. False
A
. With the 1972 passage of the Federal Water Pollution Control Act of 1972, Congress set two goals: (1) swimmable and fishable waters by 1983 and (2) zero discharge of pollutants by 1985. a. True b. False
A
An environmental impact statement (EIS) is required whenever an agency is taking action that may affect the environment. a. True b. False
A
Dev Co, Ltd., a residential real estate developer, is considering buying land that was once used to manufacture electric capacitors to build a residential complex. To avoid liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), Dev Co, Ltd. should: a. carefully screen the property before buying it. b. not buy the property. c. contact the Environmental Protection Agency (EPA) for an opinion letter. d. clean the property before buying it
A
During the 1970s, the discovery of areas such as the "Love Canal" and the "Valley of the Drums" resulted in a new federal regulatory scheme of toxic waste disposal. a. True b. False
A
For 10 years, a company dumped millions of gallons of chemical wastes on its property in Tennessee. The state shut down the site. Residents around the property sued the company, claiming that their drinking water was contaminated. What basis for suit do the residents have? a. They have a private suit under negligence and strict liability. b. They have a suit under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for damages incurred. c. They have a suit under the Nonpoint Source Pollution Act. d. They do not have a private recourse; only the government can file criminal charges.
A
For the Environmental Protection Agency (EPA) to apply best available treatment (BAT) standards, it may use a cost-benefit analysis. a. True b. False
A
For the following statement, select "true" if the activity is required for a reduced penalty under the self-audit program or "false" if it is not: A company self-reported a violation to the Environmental Protection Agency (EPA). a. True b. False
A
For the following statement, select "true" if the activity is required for a reduced penalty under the self-audit program or "false" if it is not: A violation discovered as part of a self-audit program was corrected within 60 days. a. True b. False
A
For the following statement, select "true" if the activity is required for a reduced penalty under the self-audit program or "false" if it is not: After reporting and rectifying a violation discovered through a self-audit program, a company signed a written agreement that the violation would not recur. a. True b. False
A
Many European Union (EU) directives are designed to eliminate the need for regulation by encouraging different business choices and educating consumers. a. True b. False
A
What was the issue in the Sierra Club case? a. Whether a secondary environmental impact statement (EIS) was required for permanent access of 737 jets at the Jackson Hole airport b. Whether the use of private plans at a private airport was subject to the environmental impact statement (EIS) requirement c. Whether the Federal Aviation Administration (FAA) was subject to the Environmental Protection Agency (EPA) requirement on environmental impact statement (EIS) filings d. Whether the Federal Aviation Administration (FAA) was responsible for the environmental impact statement (EIS) or the Department of Transportation had jurisdiction
A
Which of the following federal actions required the preparation of an environmental impact statement (EIS)? a. Construction of a U.S. post office b. Highway construction funded by private corporations c. The Trans-Mediterranean natural gas pipeline d. Construction of a casino by a private developer
A
. The first modern federal legislation on water quality standards was the Rivers and Harbors Act passed in 1965. a. True b. False
B
A source of funds for the government to use in cleaning up hazardous waste sites is the: a. Oil Spill Liability Trust Fund. b. Superfund. c. World Wildlife Fund. d. Environmental Defense Fund.
B
An amendment to the Superfund Act classified asbestos as a(n) _____, which means a probable duty exists to disclose the presence of asbestos to buyers, tenants, and employees. a. contributor to prevention of significant deterioration (PSD) areas b. community-right-to-know substance c. nuisance d. injunction
B
Check My Work As a result of changes in its processing technology, Basa Industries, Inc. has zero emissions from its plant in New Mexico. However, Basa holds a permit for emissions from the Environmental Protection Agency (EPA). Which of the following steps is Basa Industries, Inc. likely to take? a. Basa Industries, Inc. must return the permit to the EPA. b. Basa Industries, Inc. can sell the permit privately. c. Basa Industries, Inc. can sell the permit only through the EPA. d. Basa Industries, Inc. must use the permit or forfeit it in six month
B
Check My Work The Army Corps of Engineers has proposed the construction of a dam that will be of substantial benefit in Tennessee in terms of economic development. However, the dam will also destroy the natural habitat of an endangered species—the snail darter. The project: a. does not require an environmental impact statement (EIS). b. will require an environmental impact statement (EIS). c. cannot be completed under the Environmental Protection Act. d. can be completed after a three-year waiting period.
B
For the following statement, select "true" if the activity is required for a reduced penalty under the self-audit program or "false" if it is not: A violation by a company was uncovered and reported after a landowner complained. a. True b. False
B
For the following statement, select "true" if the activity is required for a reduced penalty under the self-audit program or "false" if it is not: A violation was reported to the Environmental Protection Agency (EPA) within 30 days of discovery as part of a self-audit. a. True b. False
B
RHM Manufacturing creates a small amount of non-toxic waste during the production of its products. It does not discharge the waste into a lake or river, but only into a sewer system. The plant's safety manager has told the executives that RHM Manufacturing needs to obtain a National Pollution Discharge Elimination System (NPDES) permit from the Environmental Protection Agency (EPA). Which of the following is a true statement in the context of this scenario? a. The EPA does not issue NPDES permits. b. The company does not need an NPDES permit. c. The company does need an NPDES permit. d. The company needs both an NPDES permit and a CERCLA permit.
B
Telco Dye Works is a company that bleaches and dyes cotton and other natural materials to be used in making fabric for many products including clothing, linens, and even military uniforms. Several residents of the neighborhood near the Telco factory have filed a lawsuit claiming that the smell coming from the factory is so unpleasant that their children cannot play in the yards. Further, they claim that the smell lingers even when the facility is closed and that it has been absorbed into their homes. They claim their clothes "smell like the factory" even after washing. What common law remedy should the residents seek? a. Negligence b. Nuisance c. Compensatory damages d. None, they do not have a remedy available
B
The two goals of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) were to control the disposal of potentially harmful substances and to encourage resource conservation and recovery. a. True b. False
B
The types of parties who can enforce environmental laws include state agencies, federal agencies, private citizens through litigation, and other countries. a. True b. False
B
First Banc loaned money to Best Batteries for the purchase of its factory. First Banc took a mortgage on the factory and land. As a result of pricing its lifetime batteries at a very high rate, Best Batteries went out of business within 18 months. First Banc acquired title and deed to the factory and property through foreclosure. When First Banc sent in a clean-up firm, it discovered that there were old and new batteries stacked everywhere on the property. First Banc: a. is liable for the batteries' damage to the environment. b. can sell the property and disclaim liability in the purchase contracts and thus pass along the cleanup to the buyer. c. has a lender's exemption from liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). d. can leave the batteries until they degrade and become harmless.
C
Getterman owned Getterman Farm Equipment (GFE) from 1980 to 1985. During those years, GFE dumped its hazardous waste in a dump in Oklahoma owned by another company. The Environmental Protection Agency (EPA) declared the dump to be a Superfund site. It claimed that GFE was a responsible party and should have contributed personally to the cleanup costs. The court found that GFE did not "have any personal knowledge of the disposal practices at the dump site or was in any way directly involved in waste disposal matters." Could GFE be liable? a. No. It can only be held liable if it knew that the disposal practices at the dump site were in any way directly involved in waste disposal matters. b. No. It can only be held liable if it intentionally polluted the property. c. Yes. The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) defines a potentially responsible party as any hazardous waste generator who arranged for disposal at the site. d. Yes. The Resource Conservation and Recovery Act identifies known pollution sites and requires anyone who disposed at those sites to share in responsibility.
C
In the context of the Comprehensive Environmental Response, Compensation, and Liability Act and buying land liability, which of the following steps is included in Phase I of the due diligence review of a property? a. Cleanup of the property b. Estimation of cleanup costs for the property c. Examination of public and private records of the property d. Chemical analysis of soil from the property
C
Kaplan International is a manufacturing facility that sells parts used in producing automobile steering systems. In an effort to be environmentally proactive, Kaplan obtains certification stating that it is a "green" company in dealing with its energy sources and uses in its building, as well as thinking through its full lifecycle of building in making design, materials, and energy usage decisions. What type of certification did Kaplan achieve? a. ISO 14000 b. ISO 9000 c. LEED certification d. Green certification
C
Malik Daniels owns a large home on a two-acre lot in Flagstaff, Arizona. Daniels has much of the lot covered with tiff grass and is meticulous about mowing the lawn. Daniels piles the grass clippings near his back fence and removes them on a semiannual basis. The clippings attract crickets, rodents, scorpions, and other forms of desert life. Daniels' neighbor, Garrett Watts, has noted that the various forms of desert life scale the wall and invade his property. Watts has worked with his exterminator, but his exterminator has told him that he is unlikely to get rid of the bugs till the grass clippings are removed. Watts: a. could clean up the pile and recover from Daniels under the Comprehensive Environmental Response, Compensation, and Liability Act. b. could report Daniels for violating the Solid Waste Disposal Act. c. could seek an injunction against Daniels on the basis of nuisance. d. would not have a nuisance claim since he is the only one who is affected.
C
Murry Plastics wants to open a facility in an industrial park with 10 other manufacturing facilities. After an emissions study, the Environmental Protection Agency (EPA) denies Murry Plastics the right to open the facility due to the fact that the existing facilities are already at the maximum allowed emission level in the area. Which of the following is a true statement in the context of this scenario? a. The EPA does not have authority to stop the opening of a new facility. b. The EPA must allow the new facility as long as it does not exceed the individual emissions level. c. The EPA can stop the opening of the facility only if the individual facility will exceed the individual emissions level. d. The EPA can stop the opening of the facility if the combined emissions from all the facilities in the area might exceed the maximum allowed level.
C
Springload Fabrication is a manufacturing facility that is being investigated for violation of the Clean Air Act. The violations have reportedly been taking place for over a year, and they were found guilty of the same violations five years ago. If found guilty of the violations, to which of the following are Springload and its executives likely to be subject? a. Springload Fabrication would be subject to fines, but the executives would not. b. Both Springload and the executives would be subject to fines but no imprisonment. c. Both Springload and the executives would be subject to fines and imprisonment. d. Neither Springload nor the executives would be subject to punishment because there is a five-year rule on prosecution.
C
Which of the following authorities was granted to the Environmental Protection Agency (EPA) through the passage of the 1976 Toxic Substances Control Act? a. The authority to charge taxes to cover cleanup costs for disposal sites of hazardous wastes b. The authority to issue agency funds for the cleanup of disposal sites for hazardous wastes c. The authority to stop the manufacture of substances the agency has determined are dangerous d. The authority to control the disposal of potentially harmful substances Hide
C
According to the provisions of the Asset Conservation, Lender Liability, and Deposit Insurance Protection Act, which of the following can a lender do and still not be subject to environmental liability? a. Engage in the operations of a subsidiary b. Discourage enforcing terms of security agreements with debtors c. Arrange for the transportation of hazardous materials d. Provide financial advice or counseling to debtors
D
The University of Arizona has developed plans for the construction of a set of telescopes on Mount Graham in southern Arizona. The project is a joint one with NASA and a French consortium. Mount Graham is the home for the red mountain squirrel—a species near extinction. The University of Arizona: a. need not file an environmental impact statement (EIS) since it is not a federal agency. b. need not file an environmental impact statement (EIS)since there will be no air pollution. c. need not file an environmental impact statement (EIS) because of the lack of jurisdiction over the French participants. d. must file an environmental impact statement (EIS).
D
Which of the following is true of the National Pollution Discharge Elimination System? a. It applies only to direct discharges at point sources. b. It issues permits that do not impose any requirements on the permit holders. c. It involves acquiring state approval and public hearings but does not require approval from the Environmental Protection Agency (EPA). d. It is required for point sources, which include those who discharge into water sources that then eventually flow into navigable waters.
D
Which of the following is true of the Oil Pollution Act? a. It repealed the Oil Spill Liability Trust Fund. b. It applies to navigable waters up to 300 miles offshore. c. It requires that boats be monohulled. d. It puts the federal government in charge of oil spills.
D
