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GiftLaw Pro Home   >  Chapter 5 - Difficult Property Gifts  >  5.2 Environmental Risks  >  5.2.3 Environmental Inspection Checklist  >  Basic Quiz

Basic Quiz - 5.2.3 Environmental Inspection Checklist

1. The term "hazardous waste" usually includes any substance, waste or material defined or designated as hazardous, toxic or dangerous by any federal or state statute, regulation or rule.
           
2. An environmental inspection checklist should adequately investigate all prior uses of the property.
           
3. Evidence of any noxious odors or discolored soil are generally unimportant if found during an inspection.
           
4. If the property stores batteries, septic tanks or storage drums, then extra caution must be exercised by the charity.
           
5. Prior to CERCLA, there was no comprehensive legislation that effectively dealt with the "dumping" of chemical waste or the "cleanup" of chemical waste.
           
6. Under CERCLA, a charity may qualify as a PRP either as a current or past owner of contributed property.
           
7. In order to steer clear of CERCLA liability, a charity should not use hazardous substances and should not own or operate property contaminated by hazardous substances.
           
8. If a donor is reluctant to allow for environmental testing of the property, a charity should move forward very cautiously or not at all.
           
9. A charity's gift acceptance policy may require an EIS for any proposed gift of property.
           
10. In a properly drafted contract, a party may "draft away" their CERCLA liability.