Question 1

Smelting & Refining Company generates solid waste considered haz-ardous.The company labels and packages properly all waste to be trans-ported to a disposal site.Under the Resource Conservation and Recovery Act, this is most likely

Accepted Answer

The fact that Smelting & Refining Company generates solid waste considered hazardous is not a violation in itself. As long as they label and package the waste properly before transporting it to a disposal site, they are following the requirements of the Resource Conservation and Recovery Act.

Question 2

Without a permit from the U.S.Army Corps of Engineers, Holiday Timeshares, Inc., fills a wetlands area that it owns before constructing a residential resort.Under the Clean Water Act, this is most likely

Accepted Answer

The Clean Water Act requires a permit from the U.S. Army Corps of Engineers for filling wetlands, and without such a permit, filling wetlands is a violation of the Act.

Question 3

Before being transported, hazardous waste generated by Perilous Fabrication, Inc., must be properly labeled and packaged under the Resource Conservation and Recovery Act by

Accepted Answer

The answer of Before being transported, hazardous waste generated by...

Question 4

Hi-Yield Agriculture, Inc., makes a pesticide with a one-in-a-million risk to people of developing cancer from exposure.This substance must be

Accepted Answer

The pesticide with a one-in-a-million risk of causing cancer must be registered before it is sold. This is because the use of pesticides is regulated by government agencies, and products must go through a rigorous registration process to ensure they meet safety standards and do not pose an unreasonable risk to human health or the environment. Once registered, the manufacturer is responsible for ensuring that the product is used safely and according to label directions, which may include restrictions on how, where, and when the product can be applied to minimize exposure to people.

Question 5

Bertha owns land located outside Centre City.Bertha sells the land to Disposal & Recycling, Inc., which establishes a hazardous waste disposal facility at the site.Disposal & Recycling accepts only waste transported by Eco Trucking Inc.exclusively from Federated Industries, Inc.Several years later, Disposal & Recycling closes its facility and sells the land to Garden Variety Retail Corporation, which builds a Home & Yard store on the site.Meanwhile, some of Centre City's citizens complain to the Environmental Protection Agency (EPA) that the city's municipal water supply is pol-luted.The EPA investigates and discovers that the sources of the pollu-tion are leaks of hazardous waste from what is now the Home & Yard site.The EPA cleans up the site.Who can be held liable for the cost of cleaning up the site? What standards must Centre City meet regarding the water?

Accepted Answer

The answer of Bertha owns land located outside Centre City.Bertha...

Question 6

Noxious, Inc., makes and sells pesticides.If a substance is identified as harmful and the harm is imminent, the Environmental Protection Agency can

Accepted Answer

If a substance produced by Noxious, Inc. is identified as harmful and the harm is imminent, the Environmental Protection Agency (EPA) can conduct an inspection of Noxious's plant to ensure that the company is complying with regulations and taking appropriate safety measures. This would be the most logical and responsible action for the EPA to take in response to a potential safety risk.

Question 7

BioChemical Disposal Corporation operates a hazardous waste storage facility.ChemCo Inc.buys BioChemical before it is discovered that the firm's disposal practices violated CERCLA.With respect to these violations, Superfund imposes on ChemCo

Accepted Answer

Superfund imposes strict liability for hazardous waste cleanups, regardless of fault or intent. Therefore, ChemCo would be held liable for any violations committed by BioChemical, even if they were unaware of the violations at the time of the acquisition.

Question 8

Under the Marine Protection, Research, and Sanctuaries Act (the Ocean Dumping Act), Coastline Chemicals, Inc., may dump its chemical waste into the ocean

Accepted Answer

The answer of Under the Marine Protection, Research, and Sanctuaries...

Question 9

Remote Disposal Company operates a hazardous waste storage facility.Concerned that there may be a release of chemicals from the site, Remote sells the property to Serene Developers, Inc.If there is a release, Remote is most likely

Accepted Answer

Remote Disposal Company would still be liable for any hazardous waste release from the facility, even though they sold the property to Serene Developers, Inc. Liability for hazardous waste clean-up can extend to previous owners and operators of the facility, and Remote would likely have to take responsibility for any contamination that occurred during their ownership and operation of the site.

Question 10

A barge owned by Oceanic Shipping Company discharges some of the oil contained in its hold into the sea and onto the shore.Under the Oil Pollution Act, this is most likely

Accepted Answer

The Oil Pollution Act defines oil pollution as "the discharge of oil or hazardous substances into or upon the navigable waters of the United States, adjoining shorelines, or into or upon the waters of the contiguous zone, or in connection with activities under the Outer Continental Shelf Lands Act or the Deepwater Port Act of 1974." Therefore, the discharge of oil from a barge into the sea and onto the shore is a violation of the Oil Pollution Act.

Question 11

Metal Smelting & Foundry Inc.'s complex spews smoke and odors.The site features its own rail system, and trucks enter and exit the com-plex night and day.Neal and other residents of an adjacent neighbor-hood can feel the vibrations of the trains and trucks, and suffer other ef-fects from the operations.Neal and others file a suit against Metal Smelting.Why might the court rule in favor of the defendant?

Accepted Answer

The answer of Metal Smelting & Foundry Inc.'s complex spews...

Question 12

Metro City operates its own municipal public drinking water system for which the Environmental Protection Agency has set maximum levels of pollutants.Metro does not use any equipment to meet these standards.With regard to any contamination of the water, under the Safe Drinking Water Act, this is most likely

Accepted Answer

The Environmental Protection Agency has set maximum levels of pollutants for municipal public drinking water systems under the Safe Drinking Water Act, and not using equipment to meet these standards could result in a violation if the water is contaminated.

Quiz 21: Environmental Law