SSP Regulatory Investigation & Response 5

Question 1

Under CERCLA (Superfund), which parties can be held liable for cleanup costs at a contaminated site?

Accepted Answer

Current owners, past owners at the time of disposal, generators, and transporters who arranged for disposal

Answer

CERCLA imposes strict, joint, and several liability on four classes of potentially responsible parties: current owners/operators, past owners/operators, generators, and transporters.

Question 2

A regulated facility experiences an accidental release of a listed hazardous substance above the reportable quantity. Under CERCLA Section 103, notification must be made to:

Accepted Answer

The National Response Center immediately

Answer

CERCLA Section 103 requires immediate notification to the National Response Center (NRC) upon release of a hazardous substance above its reportable quantity.

Question 3

In a regulatory enforcement context, what distinguishes a 'consent agreement and final order' (CAFO) from a traditional settlement?

Accepted Answer

A CAFO is a negotiated settlement that resolves violations without admitting liability and is executed by the agency head

Answer

A CAFO is an EPA administrative enforcement tool that resolves civil violations through a negotiated agreement that does not require an admission of liability.

Question 4

When interviewing a potential whistleblower during a regulatory investigation, investigators should prioritize which approach?

Accepted Answer

Protect the whistleblower's identity to the extent permitted by law and document their account thoroughly

Answer

Whistleblower protection laws under OSH Act Section 11(c) and other statutes require investigators to protect the identity of reporting individuals to prevent retaliation.

Question 5

A security practitioner discovers that a company has been falsifying safety inspection records submitted to a federal regulatory agency. This conduct most likely constitutes:

Accepted Answer

Federal criminal fraud under 18 U.S.C. § 1001, which prohibits false statements to federal agencies

Answer

Knowingly submitting false records to a federal agency violates 18 U.S.C. § 1001, which carries criminal penalties including fines and imprisonment.

(SSP) Safety and Security Practitioner Certification Practice Test

(SSP) Safety and Security Practitioner Certification Practice Test

SSP Regulatory Investigation & Response 5