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"Not So Slick Trucker." Slick had a trucking business and advertised that he would transport "anything." One day Sleazy Corporation asked him to transport some hazardous waste and dump it on a farm telling him that, by the way, he should be careful about touching any of the waste. A friend of Slick's asked him if he should check to see if Sleazy Corporation had the proper permits. Slick replied that he was unconcerned about permits for dumping because he was a mere transporter. A few years later, federal investigators operating on a tip from someone Slick had cheated in a poker game, discovered the farm. The material at issue consisted of a pile of hazardous waste dumped by Slick. The waste was removed; soil was cleaned; and the action, resulting in a permanent solution, was complete within 6 months. The government requested that Slick cover the clean-up costs. He refused on the basis that he was simply a trucker and did not make the waste. -Which of the following is the act passed by Congress for purposes including cleaning up hazardous sites, such as the farm on which Slick dumped the hazardous waste?


A) The Hazardous Waste Act
B) The Comprehensive Waste Clean-Up Act
C) The Comprehensive Environmental Response, Compensation and Liability Act
D) The Hazardous Discovery, Remediation and Clean-Up Act
E) The Remedial Hazardous Material Act

F) A) and B)
G) A) and C)

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C

What are the 1972 amendments to the Federal Water Pollution Control Act commonly called?


A) The Clean-Up Water Act
B) The Remedial Water Act
C) The Clean Water Act
D) The Ambient Quality Water Standards
E) The Navigable Water Act

F) A) and C)
G) A) and E)

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C

Referencing the National Ambient Air Quality Standards, ______ standards are standards necessary to protect the public health, including an adequate margin of safety.


A) Conservation
B) Required
C) Primary
D) Secondary
E) Suggested

F) B) and C)
G) A) and B)

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Which of the following was the result in the Case Opener, the case in which the company was found to have generated waste with excessive concentrations of PCBs?


A) That the company had no liability because it had not intentionally generated the waste.
B) That the company had no liability because it was the responsibility of the federal government to clean up the waste.
C) That the company had no liability because it was the responsibility of the state government to clean up the waste.
D) That the company was liable because it failed to monitor in a manner that would have revealed the waste in a timely manner.
E) That the company was liable under federal law because it failed to clean up the hazardous area in a timely manner.

F) A) and D)
G) A) and C)

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Which of the following has as its primary role to establish the procedures that must be followed whenever a new chemical is about to be introduced into the market?


A) The Toxic Substances Control Act
B) The Federal Insecticide, Fungicide, and Rodenticide Act
C) The Hazardous Chemical Act
D) The Illegal Toxic Substances Act
E) The Health and Environment Control Act

F) C) and D)
G) B) and D)

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Once the administrator of the EPA establishes National Ambient Air Quality Standards, each state has _____ to draft a state implementation plan.


A) 18 months
B) 12 months
C) 9 months
D) 6 months
E) 3 months

F) A) and B)
G) D) and E)

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Which of the following is required of industries emitting pollutants covered by the 1990 Air Toxics Program?


A) That the industries phase in the use of pollution control equipment for the pollutants that meets the maximum achievable control technology standard.
B) That the industries phase in the use of pollution control equipment for the pollutants that meets the maximum affordable control standard.
C) That the industries phase in the use of pollution control equipment for the pollutants that results in at least a 50% reduction in the pollutants each year.
D) That the industries phase in the use of pollution control equipment for the pollutants that results in at least a 30% reduction in the pollutants each year.
E) That the industries phase in the use of pollution control equipment for the pollutants that results in at least a 5% reduction in the pollutants each year.

F) None of the above
G) B) and C)

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"Smelly Lake." Barney, who lives on a navigable lake, is unhappy because he believes that a local company is dumping pollutants into the lake resulting in harm to his property and horrible odors. No one swims in the lake anymore. He calls a company official, Warren, who tells him to mind his own business. Warren tells him that the state has no authority, that federal investigators do not have time for Barney's small smelly lake, that swimming is not a concern of the government, and that any federal penalties are negligible. Barney tells Warren that he is pushing for big penalties and that Warren is likely to end up in jail. Warren just laughs. -Which of the following is true regarding Warren's statement that the state had no authority over any pollution for which his company was responsible?


A) While enforcement authority under the Clean Water Act is left primarily with the federal government, the state government also has the authority to monitor, inspect, and enforce.
B) While enforcement authority under the Clean Water Act is left primarily with the federal government, the state government has the authority to monitor although other powers are lacking.
C) Warren is correct.
D) Only the state has the power to enforce the Clean Water Act.
E) Enforcement of such violations under the Clean Water Act is left primarily to the states.

F) B) and C)
G) A) and E)

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Which of the following is a federal law that protects the quality of water in navigable waterways?


A) The Federal Water Pollution Control Act
B) The Safe Navigation Act
C) The Water Control Act
D) The Water Use Act
E) The Water Conservation Act

F) A) and C)
G) B) and C)

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Which of the following is true regarding federal regulation of toxic substances?


A) The Toxic Substances Control Act is the only federal act regulating toxic substances.
B) The Federal Insecticide, Fungicide, and Rodenticide Act is the only federal act regulating toxic substances.
C) Three federal acts regulate toxic substances: The Hazardous Chemical Act, the Toxic Substances Control Act, and The Pesticide Regulation Act.
D) The primary federal acts for regulating toxic substances are The Hazardous Chemical Act and The Toxic Substances Control Act.
E) The primary federal acts for regulating toxic substances are the Toxic Substances Control Act and the Federal Insecticide, Fungicide, and Rodenticide Act.

F) A) and E)
G) None of the above

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"Not So Slick Trucker." Slick had a trucking business and advertised that he would transport "anything." One day Sleazy Corporation asked him to transport some hazardous waste and dump it on a farm telling him that, by the way, he should be careful about touching any of the waste. A friend of Slick's asked him if he should check to see if Sleazy Corporation had the proper permits. Slick replied that he was unconcerned about permits for dumping because he was a mere transporter. A few years later, federal investigators operating on a tip from someone Slick had cheated in a poker game, discovered the farm. The material at issue consisted of a pile of hazardous waste dumped by Slick. The waste was removed; soil was cleaned; and the action, resulting in a permanent solution, was complete within 6 months. The government requested that Slick cover the clean-up costs. He refused on the basis that he was simply a trucker and did not make the waste. -Which of the following is true regarding Slick's contention that he should not be held liable for any amounts for clean-up because he was merely a transporter?


A) He is correct only if the federal government, not the state, cleans the site.
B) He is correct only if the state, not the federal government, cleans the site.
C) He is correct only if he can establish that the owner of the site has sufficient funds with which to clean the site.
D) He is correct only if damages for cleaning the site are in an amount less than $50,000.
E) He is incorrect.

F) B) and E)
G) A) and D)

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Which of the following regulates any chemicals or mixtures whose manufacture, processing, distribution, use, or disposal may present an unreasonable risk of harm to human health or the environment?


A) The Toxic Substances Control Act
B) The Federal Insecticide, Fungicide, and Rodenticide Act
C) The Hazardous Chemical Act
D) The Illegal Toxic Substances Act
E) The Health and Environment Control Act

F) B) and C)
G) None of the above

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Which of the following was the result at the U.S. Supreme Court level in Massachusetts v. EPA, the case in the text in which Massachusetts led several states in a lawsuit asking that the EPA be ordered to establish vehicle emission standards for carbon dioxide and five other greenhouse gasses?


A) The Court dismissed the lawsuit on the basis that the states had no standing to sue.
B) The Court dismissed the issue as moot on the basis that the EPA already recognized the dangers of global warming and was taking appropriate steps.
C) The Court ordered that standards on the pollutants be set if the EPA found that the emissions at issue contributed to climate change.
D) The Court found that the emissions at issue contributed to climate change and ordered that the EPA set standards in regard to them.
E) The Court refused to consider the matter based on its determination that the issue of whether the emissions affected climate change was within the discretion of the EPA.

F) B) and E)
G) None of the above

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Set forth the conditions under which a permit will be issued to a landowner seeking to add dredged or filled material to a wetland.

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The permit will be issued only when the ...

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Which of the following is a treaty with the purpose of prohibiting the international trade of endangered plants and animals?


A) The Endangered Species Treaty
B) The International Endangered Plants and Animals Protocol
C) The Endangered Plants and Animals Agreement
D) The Convention on International Trade in Endangered Species
E) The Humane Protection Agreement

F) A) and B)
G) D) and E)

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Drinking-water suppliers must provide every household with annual reports detailing the water contaminants in the household's drinking water and the health problems the contaminants may cause.

A) True
B) False

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Which of the following was the result on appeal in AMW Materials Testing Inc., Anthony Antoniou v. Town of Babylon & North Amityville Fire Company Inc., the case in the text in which the plaintiffs claimed that the defendants were liable for cleanup of a hazardous site after a fire on the basis that the defending town and fire department had control of the facility during the time that the fire department was responding to the fire?


A) That the defendants were not liable because they had insufficient control over the hazardous material.
B) That the defendants were not liable because a municipality was involved.
C) That the defendants were not liable because the plaintiffs negligently started the fire.
D) That the defendants were liable because they should have done a better job handling the fire.
E) That the defendants were liable because the fire department did not respond in a timely manner resulting in delay and the release of additional hazardous material.

F) C) and E)
G) B) and D)

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Which of the following is a federal law that protects the quality of the water we drink?


A) The Federal Water Pollution Control Act
B) The Safe Drinking Water Act
C) The Water Control Act
D) The Water Use Act
E) The Water Safety Act

F) A) and B)
G) B) and E)

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The oldest legal means of protecting the environment is ______ law.


A) Tort
B) Contract
C) Strict liability
D) Administrative
E) Statutory

F) None of the above
G) C) and D)

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"Smelly Lake." Barney, who lives on a navigable lake, is unhappy because he believes that a local company is dumping pollutants into the lake resulting in harm to his property and horrible odors. No one swims in the lake anymore. He calls a company official, Warren, who tells him to mind his own business. Warren tells him that the state has no authority, that federal investigators do not have time for Barney's small smelly lake, that swimming is not a concern of the government, and that any federal penalties are negligible. Barney tells Warren that he is pushing for big penalties and that Warren is likely to end up in jail. Warren just laughs. -Which of the following is true regarding Warren's statement that any federal penalties are negligible?


A) Warren is correct.
B) Warren is incorrect, and while incarceration may not be imposed under federal law, penalties are substantial including penalties of up to $5,000 per day.
C) Warren is incorrect, and while incarceration may not be imposed under federal law, knowingly endangering someone by violating the Clean Water Act can result in a criminal fine of up to $150,000 for an individual and $1 million for an organization.
D) Warren is incorrect, and while fines may not be imposed, any individual knowingly endangering someone while violating the Clean Water Act may face up to 10 years in prison.
E) Warren is incorrect, and both incarceration and fines may be imposed.

F) B) and D)
G) C) and D)

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E

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