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Flashcards in Environmental Protection Legislation Deck (22)
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The reversing or stopping of environmental damage, such as mold remediation


Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA):

1980 act that established the Superfund and created a process for identifying potential responsible parties of environmental damage and ordering them to take responsibility for the cleanup action


HUD defines going green as

“a philosophical and social movement centered on a concern for the conservation and improvement of our natural resources.”


Most federal environmental legislation is enforced at the state level by the

Texas Commission on Environmental Quality (TCEQ)


The buyer is entitled to all information about the condition of the property. The bare minimum of disclosures that are required disclosures are included

TREC form, Seller’s Disclosure Notice.


law also requires that certain environmental hazards are to be disclosed to homebuyers in the form of specific contract addenda — which are forms that must be supplied in

Addition to contract


The two disclosure forms we'll discuss here that are related to environmental concerns are:

Environmental Assessment, Threatened or Endangered Species, and Wetlands Addendum

Addendum for Seller's Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards as Required by Federal Law


The EPA oversees the enforcement of

lead-based paint disclosures in real estate.


The Lead-Based Paint Disclosure is a federally-required addendum that must be presented to buyers of

all residential property built prior to 1978.


TREC has promulgated the Addendum for Seller's Disclosure of Information on

Lead-Based Paint and Lead-Based Paint Hazards as Required by Federal Law for all Texas real estate license holders to use.


Lead poisoning in young children may cause permanent

neurological damage,

including learning disabilities, reduced intelligence quotient (I.Q.), behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women.


the EPA is authorized to visit brokerages and conduct surprise (!) investigations to make sure that brokers and agents are complying with the

Lead-Based Paint Disclosure laws.


An environmental audit includes the property’s history of use and the results of

extensive and complex tests of the soil, water, air, and structures.

Trained inspectors conduct air-sampling tests to detect radon, asbestos, electromagnetic fields, or soil and water quality.

Lead inspectors must be certified and, with a few exceptions, mold assessment consultants and mold remediators must be licensed.


When the work is completed, a licensed mold assessment consultant must conduct a post-remediation assessment and issue

a Certificate of Mold Remediation


Asbestos is a mineral that has been used for many years as

insulation; it has also been used in floor tile and in roofing material.


Carbon monoxide is an odorless gas that occurs as a by-product due to

incomplete combustion when burning such fuels as wood, oil, and natural gas.


Groundwater Contamination

This refers to contamination of not only the runoff at ground level but also the underground water systems that are sources for

public and private wells.


PCBs are carcinogenic substances used widely before 1977 as

coolants and lubricants in transformers, capacitors, and other electrical equipment.


The EPA defines green building as

“the practice of creating structures and using processes that are environmentally responsible and resource-efficient throughout a building’s life-cycle, from site preparation to design, constructing, operating, maintenance, renovation, and deconstruction.”


Green buildings are designed to reduce the overall impact of buildings on human health and the natural environment by:

Efficiently using energy, water, and other resources

Protecting occupant health and improving employee productivity

Reducing waste, pollution, and environmental degradation


An EEM can help a purchaser qualify for a larger loan because a loan company takes into consideration

the money saved each month on utility bills.


Energy Improvement Mortgages (EIMs), on the other hand, allow borrowers to include, in the mortgage, the cost of energy-efficiency improvements to an

Existing home