RPLS Environmental Compliance 3 — Questions and Answers
Question 1: A surveyor is asked to establish lot lines in an area with known soil contamination from a former industrial site. Under CERCLA, which party may be held liable for cleanup costs?
- Only the current property owner who hired the surveyor
- Any current or past owner, operator, transporter, or generator associated with the site (Correct answer)
- Only the original polluter who caused the contamination
- Federal and state governments who permitted the industrial use
Correct answer: Any current or past owner, operator, transporter, or generator associated with the site
CERCLA imposes joint and several liability on current owners, past owners at the time of disposal, generators, and transporters of hazardous substances.
Question 2: When locating the ordinary high water mark (OHWM) of a navigable river for boundary purposes, a surveyor should look for which primary physical indicator?
- The line of mean high tide as established by NOAA charts
- The line where terrestrial vegetation gives way to aquatic vegetation or where bank scour is evident (Correct answer)
- The 100-year floodplain boundary as shown on FEMA maps
- The edge of the riparian buffer zone established by state regulation
Correct answer: The line where terrestrial vegetation gives way to aquatic vegetation or where bank scour is evident
The OHWM is determined by physical characteristics such as the clear natural line impressed on the bank, changes in soil character, destruction of terrestrial vegetation, or presence of litter and debris.
Question 3: Phase I Environmental Site Assessments (ESAs) conducted according to ASTM E1527-21 are primarily used to identify:
- Exact contamination levels in soil and groundwater
- Recognized Environmental Conditions (RECs) that may indicate past or present contamination (Correct answer)
- Property boundaries affected by environmental easements
- Regulatory compliance status of active industrial facilities
Correct answer: Recognized Environmental Conditions (RECs) that may indicate past or present contamination
A Phase I ESA identifies Recognized Environmental Conditions (RECs) through records review, site reconnaissance, and interviews without physical sampling.
Question 4: Under the National Flood Insurance Program (NFIP), a Letter of Map Amendment (LOMA) is used when a property owner believes their structure is:
- Located within a floodway and subject to additional restrictions
- Incorrectly included in the Special Flood Hazard Area based on natural ground elevation (Correct answer)
- In need of an updated Flood Insurance Rate Map for the entire community
- Exempt from mandatory flood insurance due to state-level waivers
Correct answer: Incorrectly included in the Special Flood Hazard Area based on natural ground elevation
A LOMA is an official amendment to a FEMA flood map used to remove a structure or parcel from the SFHA when natural ground elevations are at or above the Base Flood Elevation.
Question 5: Which of the following activities typically triggers the requirement for a Stormwater Pollution Prevention Plan (SWPPP) under the EPA's Construction General Permit?
- Any construction activity that disturbs more than one acre of land (Correct answer)
- Construction within 50 feet of a navigable waterway regardless of acreage
- Installation of impervious surfaces exceeding 10,000 square feet
- Any grading activity within a designated floodplain
Correct answer: Any construction activity that disturbs more than one acre of land
The EPA's NPDES Construction General Permit generally requires a SWPPP for construction activities disturbing one or more acres of land.
Question 6: A surveyor working near a historic Native American site discovers cultural artifacts during fieldwork. Under NHPA Section 106, the appropriate first action is to:
- Remove and catalog the artifacts for submission to a university archaeology department
- Stop work and notify the lead federal agency and State Historic Preservation Office (SHPO) (Correct answer)
- Photograph and GPS-locate the artifacts, then continue the survey without disturbing them
- Contact the local tribal government directly and obtain written permission to proceed
Correct answer: Stop work and notify the lead federal agency and State Historic Preservation Office (SHPO)
Section 106 of the NHPA requires federal agencies and their licensees to consult with the SHPO and tribes when historic properties may be affected; stopping work and notifying the agency is the required first step.
Question 7: The term 'jurisdictional wetland' as defined under the Clean Water Act refers to wetlands that meet criteria established by which technical methodology?
- FEMA National Flood Insurance Program mapping standards
- The 1987 Army Corps of Engineers Wetland Delineation Manual and applicable regional supplements (Correct answer)
- EPA Effluent Guidelines for water quality standards
- USDA Natural Resources Conservation Service soil classification system
Correct answer: The 1987 Army Corps of Engineers Wetland Delineation Manual and applicable regional supplements
Wetland delineations under the Clean Water Act use the 1987 Army Corps Wetland Delineation Manual and regional supplements to assess hydrology, soils, and vegetation indicators.
RPLS Environmental Compliance 3
A surveyor is asked to establish lot lines in an area with known soil contamination from a former industrial site.
Under CERCLA, which party may be held liable for cleanup costs?