Unit 4: Environmental Regulation of Land Use
Clean Water Act (CWA)
-Regulates pollutants and other hazardous substances released into U.S. waters -Establishes quality standards for surface waters -Makes it illegal to dump pollutants from a point source into navigable waters without a permit
Which two of these statements about the Section 404 Permit Program are true?
-The discharge of dredged or fill material into the nation's waters requires this permit. -The program works to prevent damage to the aquatic environment and degradation of the nation's waters.
As a Superfund, what were the two primary purposes of CERCLA?
-To respond to spills that may endanger public health or the environment -To clean up abandoned or uncontrolled hazardous waste sites
In which of these would you possibly find radon?
-soil -private wells
In what year did the SARA amend CERCLA?
1986
What's an environmental impact statement?
A document the developer prepares that describes the action that may impact the environment
Floodplains
Area of low-lying property adjacent to a water source: river or lake
The fibers of what material are dangerous when inhaled because they can lodge in the lungs and intestines, causing cancer?
Asbestos
purpose of the Resource Conservation and Recovery Act.
Authorizes the EPA to control all phases of hazardous waste
Retroactive
Both current and previous owners are liable.
Citytown officials know that they have an abandoned factory site that has been identified for cleanup under CERCLA. When city officials tried to trace the ownership of the property, they found several shell corporations but can't determine which individual or corporate entity actually owns the property. What is a likely outcome of this situation?
Citytown will apply to the CERCLA trust fund for cleanup costs.
The phases of an environmental assessment include investigation, testing, ______ , and management.
Clean-up
joint and several liability
Each of the responsible parties is personally responsible for the total damages.
What do wetlands provide that warrants their protection? Select all that apply.
Erosion control Flood and storm water control Habitat for fish and birds Surface and groundwater protection Natural beauty Pollution treatment
What did the Clean Air Act authorize the EPA to do?
Establish air quality standards for the protection of human health and the environment.
What did the Resource Conversation and Recovery Act authorize the EPA to do?
Establish control of all aspects of hazardous waste
Unlike wetlands, floodplains are not beneficial.
False- Floodplains are valuable natural resources.
The Clean Water Act and the Clean Air Act are both what type of regulations?
Federal
How can you determine whether there is asbestos in a home?
Hire an accredited individual to test for asbestos
PCBs
Humans are exposed to these by eating contaminated fish and animals.
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)
Identifies sites that have hazardous substances and require clean-up by the responsible party.
Formaldehyde
Indoor sources of this flammable gas include wood floor finishes, pressed-wood, wallpaper, and paint.
Radon
It's a colorless, odorless, radioactive gas that's released when uranium decays
What are Jerry's (and your) responsibilities as an agent with regard to environmental issues?
Know your job thoroughly. Serve your clients to the best of your ability. Know when to ask questions. Let someone know if you're in over your head. Disclose everything and understand what disclosures are required.
What conditions are prime for mold growth?
Moisture Lack of air circulation
due diligence
Necessary level of care and attention that is taken to investigate an action before it is taken.
Enrico, a homebuilder, was caught dumping a load of rubble in an area designated as wetlands. "But I wasn't building anything," he explained. "I wasn't involved in any development when I dumped the dirt there." Was his dumping a legal act?
No, because dumping material in a wetland is one of the activities that isn't allowed without a permit.
For what environmental issue are CFCs blamed?
Ozone depletion
Management
Periodic monitoring is done to detect any future problems.
Which phase of the environmental site assessment involves a review of the property's history and examination of its physical features?
Phase I: Investigation
Rivers and Harbors Act
Prohibits discharging refuse into, altering the course of, excavating, filling or changing the condition or capacity of certain bodies of water
What cancer-causing substance is naturally created when the gas in rocks and soil decays?
Radon
purpose of the Toxic Substances Control Act.
Regulates chemical substances that pose an unreasonable risk of injury to health and the environment
SARA—Superfund Amendments and Reauthorization Act
Removes clean-up responsibilities from homeowners if contamination occurred prior to their ownership and due diligence was performed.
National Environmental Policy Act of 1970 (NEPA)
Requires federal agencies to evaluate the environmental effects of their proposed actions before making decisions.
Which federal regulation specifically protects our nation's rivers and harbors?
Rivers and Harbors Act
Which of these items could contain asbestos?
Rocks and soil Flooring Walls Roofs Heating systems
Testing
Soil samples are taken and sent to a lab.
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
Superfund to clean up abandoned or uncontrolled hazardous waste sites and respond to spills that may endanger public health or the environment
Floodway
The area of a floodplain where water flows during a flood.
Clean-up
The developer hires a private company to remove contamination.
Strict liability
The owner is solely responsible.
investigation
The property's history reveals that underground storage tanks stored chemicals.
Brownfields
These are abandoned sites, many of which are suspected of containing hazardous waste or contaminants.
Chlorofluorocarbons (CFCs)
These are commonly used in aerosol sprays, refrigerants and solvents and are bad for the ozone.
Co2
This is the most common greenhouse gas, a common source of which is the burning of fossil fuels.
CZMA - Coastal Zone Management Act
To "preserve, protect, develop, and where possible, to restore or enhance the resources in certain coastal areas"
The Resource Conservation and Recovery Act (RCRA) provides authority for the EPA to control which aspects of hazardous waste? Select all that apply.
Transportation Handling Storage Disposal Production
Floodplains provide wildlife habitats and recreation.
True
Floodplains store floodwaters, prevent erosion, and maintain water quality.
True
There are three levels of liability under CERCLA: strict, joint and several, and retroactive.
True
Under CERCLA, landowners can be held responsible for the clean-up costs of hazardous waste, even if they did not cause the waste.
True
The Toxic Substances Control Act regulates chemical substances that cause an unreasonable risk of injury to health and the environment.
True- The EPA manages this law. It forces specific requirements on the use, storage, and disposal of different chemicals.
Underground Storage Tanks
Used to store fuel and other hazardous substances, these can leak and contaminate groundwater.
What is the most common way that asbestos enters the body?
When asbestos fibers decay or are disturbed, the friable particles can be inhaled.
In order to qualify for the "innocent landowner" defense, what conditions must property owners meet?
When they purchased the property, the landowners conducted due diligence, including a professional environmental assessment.
Environmental Protection Agency (EPA)
directs wetland protection at the chemical, physical, and biological levels
U.S. Fish and Wildlife Service
manages fish and wildlife game species and threatened and endangered species
Natural Resources Conservation Service (NRCS)
manages wetlands impacted by agricultural activities
U.S. Army Corps of Engineers
oversees navigation and water supply
National Oceanic and Atmospheric Administration (NOAA)
protects the nation's coastal resources
Significant wetland protection at the federal level is provided by Section 404 of the Clean Water Act
purpose is "to avoid to the extent possible the long and short term adverse impacts associated with the destruction or modification of wetlands and to avoid direct or indirect support of new construction in wetlands wherever there is a practicable alternative.
environmental impact statement, (EIS)
that describes the action that may impact the environment.