AECN 357 Unit 4 (with Complete Solutions)
T/F. Dick Tracey owns land that is part of a superfund site. Contamination from Tracey's property constitutes 20% of the total site cleanup. Tracey is only liable for his 20% of the total cleanup costs. correct answers false, joint & several liability T/F. Sludge Inc. has improperly disposed of hazardous wastes on its land in violation of state and federal hazmat waste disposal regulations but those violations have not been detected. sludge goes out of business in 1990 and sells the land to clean water inc. In 1991 state investigators discover polluted ground water and trace the pollution source to sludge inc.'s improper waste disposal practices. Sludge has declared bankruptcy. Clean Water Inc. cannot be held entirely responsible for the total cleanup costs under the federal superfund law because clean water did not contribute to the ground water pollution correct answers False, can be liable for 100% a phase 1 environmental audit will include correct answers a review of environmental records pertaining to the property and a visual inspection of the property (record review/visual inspection) a phase 2 environmental audit will include correct answers testing soil samples for contamination and testing water samples for contamination (sampling) T/F. The unpaid amount for a CERCLA cleanup site is called the orphan share. correct answers true T/F. One purpose of the community right to know program is to enable local emergency responders to have an emergency response plan prepared in advance so that they can respond most appropriately to a release or spill of a hazardous material correct answers True T/F. Purchasers of commercial or industrial real estate should have an environmental audit prepared before purchasing the property in order to qualify for the innocent landowner defense in case the property turns out to be contaminated true correct answers True T/F. Superfund remediated sites are often called brownfields correct answers True T/F. One RP/PRP being made responsible for the cleanup of an entire site even though the RP/PRP only contributed 10% of the total contamination is called joint and several liability correct answers True T/F. One rp/prp being liable for cleanup of a site contaminated from hazmat disposal that occurred prior to the enactment CERCLA but which was legal at the time of the disposal is called retroactive liability correct answers True T/F. A rp/prp who has paid more than its proportionate share of site cleanup can sue to collect their share from the remaining rp/prps nder the right of contribution correct answers True
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tf dick tracey owns land that is part of a super
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