Common Environmental Concerns of Property OwnersCategory:Homeowner If you use gasoline powered lawnmowers, garden pesticides, and other potentially hazardous materials you should look at common household environmental issues with a critical eye. Protecting your family, your home, and your community is a subject of concern to every homeowner. Heating Fuel Storage Many owners of oil furnaces require heating fuel storage near their homes. In older communities underground tanks still exist on many properties even though they are no longer used. Heating fuel is a hazardous substance and should be stored securely and carefully. Before removing an old fuel tank contact your local governmental authority to verify the recommended disposal procedure for these dangerous items. It is preferable that fuel tanks are stored above ground because it easier to monitor for leaks. Contamination occurs from rusting tanks, leaky pipes, and overflow during fuel delivery. Routinely inspect fittings for leaks. The life expectancy of a fuel tank is about 15 years. Asbestos Asbestos is a generic term used to describe a group of naturally occurring fibrous materials. In older homes these materials were used for many purposes including insulation, roofing, siding, pipe wrap, old flooring, and ceiling tiles. Asbestos can be harmful to humans when the fibers are released into the air, breathed and accumulated in the lungs. It is also linked to some types of cancer. Hire a licensed inspector to determine the presence of asbestos. Since it is a hazardous material, federal and state rules and regulations govern its removal and disposal. For further information contact your local or state EPA. (Environmental Protection Agency) Lead Paint Many homes and apartments built prior to 1978* contain lead-based paint. Lead from paint chips and dust poses a serious health hazard, particularly to children. Effective in 1996 Federal Law requires that individuals receive certain information before renting, purchasing or renovating a pre-1978 home. With the law in effect, landlords must disclose known information on lead based paint hazards before a lease is binding. Leases must contain a federal lead-based paint form. Sellers are required to disclose known information on lead based paint hazards prior to selling their home. Sales contracts must include a federal lead-based paint form. Buyers have up to 10 days to check for lead hazards. Home improvement specialists are required to provide their customers with a pamphlet outlining lead based paint hazards. For more information on these requirements call the National Lead Information Clearinghouse at 1-800-424-LEAD. Please note: Some homes built after 1978 may contain lead-based paint. House painters after 1978 sometimes added lead to paint for better adhesion. In other cases, older paint or imported paint was used at some time during or after construction. Hazardous Household Waste How do you know if a household product is hazardous? Ask yourself these questions: Is it poisonous when ingested, inhaled, or touched by humans? Does it ignite easily? Will it explode if improperly stored, spilled or mixed with other ingredients? If the answer to any of these questions is yes, you are dealing with a hazardous substance. If the label contains the words caustic, flammable, or toxic use the product with caution. Directions for use and storage should be followed carefully. When disposing of hazardous wastes, sort them into categories according to their hazardous properties and take them to a community household hazardous waste collection center. Do not pour them into a drain or onto the ground. Consider reducing the risk of contamination by using less harmful materials. Natural products such as baking soda, salt and vinegar are very useful. Contact your county cooperative extension services for other alternative products. Wells Wells are close to-if not at-the top of the list of potential household environmental hazards. How and where your well is situated is critical to the safety of the water you drink from it. Your well should be located as far as possible from septic tanks, their field beds, fuel storage tanks, chemical storage tanks or even compost and manure piles. Test your well every two years for bacteria, nitrates, and other trace minerals. Many county health departments conduct well tests for a minimal cost. Contact your county health department for further information on this subject. Check your well frequently to make sure it is properly sealed along the casing to prevent surface contaminants from running down the casing and into the water supply. Completely seal unused wells. Septic Tanks and Drain Fields In areas where there are no city sewers, septic tanks are used. It's important that any septic system/drain field be kept in working order. If your home includes a septic system, practice preventive maintenance. Replacement of the tank or field bed costs much more than general maintenance of the system.
Environmental Issues in Buying and Selling Property Environmental issues are critical to buyer and seller alike in any real estate transaction. Most states assign strict liability to potentially responsible parties. These parties may be defined as
Many states have laws providing for recourse under an innocent purchaser defense. However, as environmental contamination becomes more commonly recognized, it is expected that a purchaser's ability to use this defense will become more difficult. Liability for environmental damage may be mitigated or lessened by the following: Buyers - check the history of the property. Learn what activities have taken place on a property you wish to purchase. The Home of your dreams may once have been a gas station where petroleum waste was common or it may have been constructed on or near a leaky landfill. A buyer can elect to have an inspection and accept the land as is including the acceptance of the soil, water, environmental or natural resource conditions. Sellers - disclose what you know. In most states sellers are required to disclose material defects in a transaction. If you have knowledge of an environmental contamination on a property, this material fact must be disclosed. This includes the disclosure of limiting conditions use such as wetlands and sand dunes. Non-disclosure or knowing misrepresentation constitutes fraud. The vehicle for disclosure is a form supplied by your REALTOR and completely filled out by you at the time of listing your property for sale. For protection of both parties, the disclosure form should be signed by any potential purchaser prior to negotiation of an offer from that purchaser. Buyers and Sellers - Consult a professional. A REALTOR can serve as a resource, but buyers and sellers should always consult with inspectors and environmental specialists to make full determination of the circumstances surrounding property conditions. Do not hesitate to hire licensed experts. A few hundred dollars spent up front for expert advice could save you thousands in the long term
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