Real Estate - Level 5, Chapter 4 - Environmental Regulation and Land

Real Estate - Level 5, Chapter 4 - Environmental Regulation and Land Use Control Flashcards established minimum standards for drinking water Safe Drinking Water Act major environmental legislation:Some of the most significant federal laws administered by

the EPA are:1. Comprehensive Environmental Response,2.

Compensation, and Liability Act (CERCLA)3. Superfund Amendments Reauthorization Act (SARA)4. Clean Air Act (CAA)5. Clean Water Act (CWA)6. Resource Conservation and Recovery Act (RCRA)7. Safe Drinking Water Act (SDWA)8. National Environmental Policy Act (NEPA) created innocent landowner immunitySARA environmental legislationBills, regulations, and laws directed towards the preservation of the environment.What type of land does the Clean Water Act have specific protections for?wetlands The Safe Drinking Water Act (SDWA):They work with the EPA.The Environmental Protection Agency (EPA) is allowed to set the standards for drinking water quality and oversees all of the states, localities, and water suppliers who implement these standards; this law focuses on all waters designed for drinking use, whether from above ground or underground sources.*The EPA, states, and water systems then work together to make sure that these standards are met.Clean Water Act/CWA1972protected surface waters and wetlands. set wastewater standards, made a permit required to discharge a pollutant into water Superfund Amendments and Reauthorization Act (SARA)1986increased the size of the superfund, tightened hazardous waste disposal rules Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) 1980created a process to hold polluters responsible for cleaning toxic waste, created the Superfund

• required agencies to create environmental impact

assessments2. required agencies to create environmental impact statements National Environmental Policy Act (NEPA) set a clean air goal for 1975 that was revised in 1990Clean Air Act

• created the Superfund2. established rules around liability

for contaminated sites

CERCLA

Environmental Responsibility and Liability: Real Estate

Professionals *Sellers and buyers carry the most exposure to environmental liability, but real estate professionals may also be held liable under certain circumstances.*Real estate license holders could be held liable for improper disclosure. Therefore, it is essential that license holders be aware of potential environmental risks from neighboring

properties such as gas stations, manufacturing plants, or even funeral homes.national ambient air quality standardsStandards established by the EPA and required by The Clean Air Act (last amended in 1990) for pollutants considered harmful to public health and the environment.

Brownfields are often caused by:1. Railroads2. Gas stations3. Dry cleaners4. Chemical storage facilities5. Oil and gas refineries6. Manufacturing plants*are often not contaminated enough to qualify for help from the Superfund, but too contaminated to safely occupy.*Reclaimed ones are often turned into public parks or other community spaces.established rules around liability for contaminated sitesCERCLA What is one of the main purposes of the Resource Conservation and Recovery Act?creating a "cradle-to-grave" control for hazardous waste To qualify as an ILO, a landowner must meet certain

criteria and satisfy the following obligations:

• Comply with land-use restrictions and not impede the

effectiveness or integrity of institutional controls2. Take "reasonable steps" with respect to hazardous substances affecting a landowner's property3. Provide cooperation, assistance, and access

Superfund projects clean up:hazardous waste sites and chemical spills

Clean Water Act and Wetlands:1. Section 404 of the Clean Water Act protects wetlands at the federal level.2. This protection is enforced by the U.S.

Army Corps of Engineers: They define what constitutes an

official wetland and determine jurisdiction of wetlands.3.Section 404 of the Clean Water Act establishes a program to regulate the discharge of dredged or fill material into waters of the United States, including wetlands.state implementation plans (SIPs)partnership between the EPA and the states. EPA sets primary and secondary standards. States produce SIPs to meet the primary standards within three years and the secondary standards within a reasonable time The Resource Conservation and Recovery Act (RCRA):1. is the public law that creates the framework for the proper management of hazardous and non-hazardous solid waste.2. controls hazardous waste with a "cradle to grave" system (this includes the generation, transportation, treatment, storage, and disposal of hazardous waste).National Environmental Policy Act/NEPA1969created environmental impact assessment and environmental impact statement requirements point sourcesdischarge pollutants at specific locations through drain pipes, ditches, or sewer lines into bodies of surface water clean air act/CCAis a federal law that aims to protect people and the environment from the harmful effects of air pollution. It does so by establishing comprehensive regulations regarding air emissions from stationary and mobile sources.*One of the goals of the CAA was to set and achieve national ambient air quality standards in every state by 1975 in order to address the public health and welfare risks posed by certain widespread air pollutants.RCRAIt should be noted that RCRA focuses only on active and future facilities and does not address abandoned or

historical sites, which are managed under CERCLA.