Texas Real Estate Sales Agent ExamLand Use Controls and RegulationsMedium
A real estate agent is listing a commercial property that was previously used as a dry cleaning business. During the due diligence phase, the buyer's environmental consultant discovers evidence of soil contamination from chemicals commonly used in dry cleaning. The consultant recommends further investigation and potential remediation. Under which federal environmental law would this contamination most likely be addressed?
- AClean Air Act (CAA)
- BComprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
- CClean Water Act (CWA)
- DResource Conservation and Recovery Act (RCRA)
Show answer & explanationAnswer & explanation
Correct answer: B. Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
CERCLA, commonly known as Superfund, addresses the cleanup of uncontrolled hazardous waste sites and provides for liability for those responsible for contamination. Dry cleaning chemicals are hazardous substances, making CERCLA the most applicable law for pre-existing soil contamination.
Why the other options are wrong
- A. The Clean Air Act regulates air emissions, not soil contamination.
- C. The Clean Water Act regulates discharges into navigable waters, not primarily soil contamination from past operations.
- D. RCRA regulates the generation, transportation, treatment, storage, and disposal of hazardous waste, primarily for ongoing operations, not existing contamination cleanup.
CERCLA (Superfund)
The Comprehensive Environmental Response, Compensation, and Liability Act, a federal law enacted to address uncontrolled hazardous waste sites.
- Establishes a Superfund to clean up hazardous waste sites.
- Holds 'Potentially Responsible Parties' (PRPs) liable for cleanup costs.
- Applies to past and present owners, operators, generators, and transporters of hazardous waste.
Memory trick: Environmental laws CLEAN up and PROTECT our world.