Chapter 21: Environmental Issues And Real Estate Transaction

Front 1

asbestos

Back 1

fire-resistant mineral once used as insulation

banned because it can create airborne contaminants that may result in respiratory diseases

Front 2

encapsulation

Back 2

sealing off disintegrating asbestos to control the substances; requires periodic monitoring

Front 3

Lead

Back 3

was used in paint; elevated levels of lead exposed to children caused irreversible learning disabilities, developmental delays, reduced height, and poor hearing

exposure to adults can induce anemia and hypertension, reproductive problems

Front 4

LBPHRA

Back 4

1992

Lead Based Paint Hazard Reduction Act
required disclosure of the presence of any known lead-based paint hazards to potential buyers or renters

people do not have to test for the presence of lead based paint but have to disclose of any known information of lead in their houses

specific requirements for sellers and landlords of residential buildings built before 1978 (page 378)

Front 5

Radon

Back 5

a odorless radioactive gas classified as a "Class A" carcinogen
excessive exposure to it can potentially cause lung cancer in occupants

Front 6

Formaldehyde

Back 6

a chemical with a strong odor that is classified as a "probable human carcinogen"

triggers respiratory problems, eye and skin irritation and is a contributor to sick building syndrome (SBS)

Front 7

UFFI

Back 7

Urea-formaldehyde foam insulation

if incorrectly mixed, doesn't properly cure, and creates strong emissions; formaldehyde that emit from this insulation would increase over time

Front 8

carbon monoxide

Back 8

gas that is a by-product of burning fuels, which can inhibit the blood from transporting oxygen

Front 9

PCBs

Back 9

Polychlorinated Biphenyls

a chemical often used in older electrical equipment (transformers, electrical motors in fridges, hydraulic oil)

Front 10

CFCs

Back 10

Chlorofluorocarbons

nontoxic, non flammable chemicals used as refrigerants in air conditioners, fridges, and freezers, and in aerosols sprays, paints, solvents, etc.;

no short term damaging effects to humans but causes long term problems because the chemical can deplete the ozone layer when it becomes vapor

Front 11

Mold

Back 11

can destroy whatever its growing on, and cause health problems (allergic reactions and asthma)

Front 12

EMFs

Back 12

Electromagnetic Fields

EMFs produced by high-voltage lines and transformers have been suspected to cause cancer, hormonal changes, and behavioral abnormalities (controversy)

(be aware if a property is near a powerline or transformer)

Front 13

groundwater

Back 13

water that exists under the earth's surface in crevices

Front 14

water table

Back 14

natural level at which ground is saturated

Front 15

Safe Drinking Water Act

Back 15

protect public health by regulating the nation's public drinking water supply

Front 16

Underground Storage Tanks

Back 16

regulations against tanks that contain hazardous substances or liquid petroleum products that store at least 10% of their volume underground

set requirements that govern its installation, maintenance, corrosion prevention, overspill prevention, monitoring and record keeping

Front 17

What types of tanks are exempt from federal regulations?

Back 17

-tanks that hold less that 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 (basements/tunnels)
-septic tanks and systems for collecting storm and waste water

Front 18

capping

Back 18

the process of laying 2-4 feet of soil over the top of the site (to be landfilled) and planting grass on it

Front 19

brownfield

Back 19

defunct, derelict, or abandoned commercial/industrial sites (many suspected to contain toxic wastes)

Front 20

Brownfields Law

Back 20

Small Business Liability Relief and Brownfields Revitalization Act (2002)

provides funds to assess and clean up brownfields, clarifies liability protection, and provide tax incentives toward enhancing state and tribal response programs

Front 21

CERCLA

Back 21

Comprehensive Environmental Response, Compensation, and Liability Act

1980

established the Superfund ($9 billion) to clean up uncontrolled hazardous waste sites and to respond to spills

created process for identifying PRPs (potential responsible parties) and ordering them to take responsibility for cleanup

Front 22

SARA

Back 22

Superfund Amendments and Reauthorization Act
"innocent landowner" immunity status; finds that a landowner in the chain of ownership is innocent of all wrongdoing is not held liable for any damages and cleanup

Front 23

What is the criteria for a landowner to be protected under SARA?

Back 23

-the pollution was caused by a 3rd party
-the property was acquired after the fact
-the landowner had 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

Front 24

How can a real estate licensee avoid liability with environmental issues?

Back 24

-become familiar with common environmental problems
-look for signs of environmental contamination
-suggesting (and including as a contingency) an environmental audit if contamination suspected
-giving no advice on environmental issues

Front 25

ESA

Back 25

Environmental site assessment

shows that due care was exercised in determining whether any environmental impairments exist

Front 26

EIS

Back 26

Environmental impact statement

detail the impact the project will have on the environment (required for private development)