EnvironmentalIntermediateNorth Carolina Exam

Under CERCLA (Superfund), which party bears the LEAST liability for cleanup costs if contamination is discovered on a property?

AThe current property owner
BThe party who caused the contamination
CA bank that only held a mortgage on the propertyCorrect
DA company that transported hazardous waste to the site

Why A bank that only held a mortgage on the property Is Correct

Answer C: A bank that only held a mortgage on the property

Under CERCLA's secured creditor exemption, a lender who holds a mortgage but did not participate in management of the facility typically has limited or no liability for cleanup costs, provided they did not participate in the contaminating activities.

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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