ARA Legal Regulations & Environmental Considerations 2

Question 1

Under CERCLA, which party is typically held liable for remediation costs of a contaminated rural property?

Accepted Answer

All potentially responsible parties including past owners and operators

Answer

CERCLA imposes strict, joint, and several liability on all potentially responsible parties, including current owners, past owners, operators, and those who arranged for disposal.

Question 2

Which federal law primarily governs the regulation of wetlands on rural properties through Section 404 permits?

Accepted Answer

The Clean Water Act

Answer

Section 404 of the Clean Water Act requires permits from the Army Corps of Engineers for discharging dredged or fill material into wetlands and other waters of the US.

Question 3

A Phase I Environmental Site Assessment is primarily designed to:

Accepted Answer

Identify Recognized Environmental Conditions (RECs) through records review and site inspection

Answer

A Phase I ESA identifies RECs through a non-invasive process including historical records review, regulatory database searches, and site reconnaissance.

Question 4

A conservation easement on a rural property typically:

Accepted Answer

Permanently restricts certain uses while the landowner retains title

Answer

A conservation easement is a voluntary legal agreement restricting development or other uses in perpetuity while the landowner retains ownership.

Question 5

Under the Endangered Species Act, which term describes land that is critical to the survival of a listed species even if the species is not currently present?

Accepted Answer

Critical habitat

Answer

Critical habitat is a specific geographic area designated by the U.S. Fish and Wildlife Service as essential for the conservation of a threatened or endangered species.

(ARA) Accredited Rural Appraiser Practice Test

(ARA) Accredited Rural Appraiser Practice Test

ARA Legal Regulations & Environmental Considerations 2