Florida Real Estate Broker ExaminationReal Estate Law and RegulationsMedium
A Florida real estate sales associate is assisting a buyer who is concerned about potential environmental hazards on a commercial property. The buyer asks about the process for assessing such risks. Which federal act primarily governs the cleanup of uncontrolled hazardous waste sites and holds responsible parties liable?
- AClean Water Act (CWA)
- BResource Conservation and Recovery Act (RCRA)
- CComprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
- DNational Environmental Policy Act (NEPA)
Show answer & explanationAnswer & explanation
Correct answer: C. Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
CERCLA, commonly known as Superfund, is the federal law designed to clean up sites contaminated with hazardous substances and holds current and past owners, operators, and transporters liable for cleanup costs.
Why the other options are wrong
- A. The CWA regulates discharges of pollutants into U.S. waters.
- B. RCRA governs the generation, transportation, treatment, storage, and disposal of hazardous waste.
- D. NEPA promotes enhanced environment and establishes environmental impact statements.
CERCLA (Superfund)
The Comprehensive Environmental Response, Compensation, and Liability Act, a federal law that authorizes the EPA to respond to releases of hazardous substances and holds responsible parties liable for cleanup costs.
- Also known as 'Superfund'.
- Establishes a trust fund for cleanup.
- Imposes strict, joint, and several liability.
Memory trick: Remember 'CLEAN' laws: CERCLA, Lead, ESA, Air, NEPA.