EnvironmentalIntermediateArizona Exam

An Arizona seller's obligation under CERCLA liability is relevant when:

AThe property contains a newly constructed building, since CERCLA imposes liability on all parties in the ownership chain regardless of when the improvements were added

BThe property has or had hazardous waste activities, making the seller a potentially responsible party for cleanup costsCorrect

CThe property is zoned residential, since CERCLA's residential property exemption applies only to single-family homes and not to commercial or multifamily properties

DOnly when the buyer is a commercial entity, since CERCLA's seller liability provisions were enacted specifically to govern business-to-business environmental indemnification

Why The property has or had hazardous waste activities, making the seller a potentially responsible party for cleanup costs Is Correct

Answer B: The property has or had hazardous waste activities, making the seller a potentially responsible party for cleanup costs

CERCLA imposes strict liability on current and past owners, operators, generators, and transporters of hazardous waste. A seller who owned contaminated property may remain liable for cleanup even after selling.

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.

People Also Study

Key Terms to Know

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.

Adverse Possession

A doctrine by which a person can gain legal title to another's land by openly, continuously, and adversely occupying it for a statutory period.