EnvironmentalIntermediateAlabama Exam

The Superfund law (CERCLA) imposes liability for hazardous waste cleanup on which parties?

AOnly the current property owner

BCurrent owners, former owners (if they owned during contamination), generators of waste, and transportersCorrect

COnly the company that generated the waste

DOnly parties who intentionally dumped waste, though the exact requirements can vary somewhat by jurisdiction

Why Current owners, former owners (if they owned during contamination), generators of waste, and transporters Is Correct

Answer B: Current owners, former owners (if they owned during contamination), generators of waste, and transporters

CERCLA imposes liability broadly on potentially responsible parties (PRPs), including current property owners, past owners at the time of contamination, generators of the hazardous waste, and transporters who selected the disposal site. Liability is joint and several in most cases.

Exam Tip: Environmental

Environmental questions test knowledge of hazards like asbestos, lead-based paint, radon, and mold. Know the disclosure requirements and when a professional inspection is required. CERCLA liability is strict, joint, and several.

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Key Terms to Know

Joint Tenancy

Co-ownership where two or more people hold equal, undivided interests with the right of survivorship — when one owner dies, their share passes to the surviving owners.

Zoning

Local government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.

Variance

Official permission to use land in a way that does not conform to the applicable zoning ordinance, granted by a zoning board when strict enforcement would cause undue hardship.

Eminent Domain

The power of government to take private property for public use, with the requirement to pay the owner just compensation.