EnvironmentalIntermediateArizona Exam

An Arizona property owner who discovers a historic dump or buried waste on their property should:

ACover it with an impermeable liner and document its location, since Arizona law provides a safe harbor from liability for properly capped and documented historic dumps
BConsult an environmental attorney and notify ADEQ if it poses a risk—voluntary disclosure is often preferable to penalties for concealmentCorrect
CContact the county health department only, since historic dumps predating the Arizona Environmental Quality Act are regulated by the county and not by ADEQ
DDisclose only on the SPDS if a buyer directly asks, since Arizona law does not require a seller to investigate or disclose conditions they did not create

Why Consult an environmental attorney and notify ADEQ if it poses a risk—voluntary disclosure is often preferable to penalties for concealment Is Correct

Answer B: Consult an environmental attorney and notify ADEQ if it poses a risk—voluntary disclosure is often preferable to penalties for concealment

Discovering buried waste creates liability obligations. Consulting an attorney and potentially self-reporting to ADEQ (which may offer voluntary program benefits) is generally preferable to concealment, which can result in much greater penalties.

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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