1.4 HAZARDOUS SUBSTANCES PART 3

Mold
Mold can be found almost anywhere and can grow on almost any organic substance, so long as moisture, oxygen, and an organic food source are present. Moisture feeds mold growth. If a moisture problem is not discovered or addressed, mold growth can gradually destroy what it is growing on.

In addition, some molds can cause serious health problems. They can trigger allergic reactions and asthma attacks. Some molds are known to produce potent toxins and/or irritants.

Some moisture problems in homes and buildings have been directly linked to recent changes in construction practices. Some of these practices have resulted in buildings that are too tightly sealed, preventing adequate ventilation.

The EPA has published guidelines for the remediation and/or cleanup of mold and moisture problems in schools and commercial buildings.

There are over 2,000 types of mold. mold can grow in sunlight, darkness, dry air and in moisture. Today many people are affected by mold, especially children. Newer homes today often have higher concentrations of mold compared to older homes. Newer homes are more tightly sealed and do not allow for air circulation. One way of minimizing mold growth is to vent all areas of the especially bathrooms and basements.

Under the Illinois Toxic and Pathogenic Mold Prevention Act requires the Department of Public Health to adopt standards for reducing the occurrence of mold contamination in indoor environments.

This law requires that owners of residential, commercial and industrial properties disclose to all prospective buyers the existence of indoor mold.

Remember as a real estate agent, we are not experts in identifying mold or advising property owners on the removal of any mold hazards. If your client have any questions about possible mold contamination, always refer your client to a license and certified expert for a evaluation and assessment report. Mold removal must be done by a license mold remediator only.

HUD now requires mold disclosure on all HUD sales contracts. Mold disclosure forms are available through your state or local REALTOR® association.

Groundwater Protection
Groundwater is the water that exists under the earth’s surface within the tiny spaces or crevices in geological formations. Groundwater forms the water table, the natural level at which the ground is saturated. The water table may be several hundred feet underground or near the surface. When the earth’s natural filtering systems are inadequate to ensure the availability of pure water, any contamination of underground water threatens the supply of pure, clean water for private wells or public water systems. Numerous state and federal laws have been enacted to preserve and protect the water supply.

Water can be contaminated from a number of sources. Runoff from waste disposal sites, leaking underground storage tanks, and pesticides and herbicides are some of the main culprits. Because water flows naturally, contamination can spread far from its source. Once contamination has been identified, its source can usually be eliminated, and the water may eventually become or be made clean. However, the process can be time-consuming and expensive.

Many property disclosure forms require sellers to identify the property’s water source, such as well water, municipal water supply, or some other source. Anything other than a municipal water supply should be tested. Also, sellers are generally required to identify the type of septic system because an incorrectly placed or poorly functioning system can contaminate the water source.

Underground Storage Tanks
Underground storage tanks (USTs) are commonly found on sites where petroleum products are used or where gas stations and auto repair shops are located. They also may be found in a number of other commercial and industrial establishments including printing and chemical plants, wood treatment plants, paper mills, paint manufacturers, dry cleaners, and food-processing plants for storing chemicals or process wastes. Military bases and airports are also common sites for underground tanks. In residential areas, they are used to store heating oil.

Some tanks are currently in use, but many are long forgotten. Over time, neglected tanks may leak hazardous substances into the environment, permitting contaminants to pollute not only the soil around the tank but also adjacent parcels and groundwater. Licensees should be particularly alert to the presence of fill pipes, vent lines, stained soil, and fumes or odors, any of which may indicate the presence of a UST.

State and federal laws impose strict requirements on landowners to detect and correct leaks in an effort to protect the groundwater. The federal UST program is regulated by the EPA. The regulations apply to tanks that contain hazardous substances or liquid petroleum products and that store at least 10 percent of their volume underground. UST owners are required to register their tanks and adhere to strict technical and administrative requirements that govern:

  • installation,
  • maintenance,
  • corrosion prevention,
  • overspill prevention,
  • monitoring, and
  • record keeping.

Owners are also required to demonstrate that they have sufficient financial resources to cover any damage that might result from leaks.

The following types of tanks are among those that are exempt from the federal regulations:

  • Tanks that hold less than 110 gallons
  • Farm and residential tanks that hold 1,100 gallons or less of motor fuel used for noncommercial purposes
  • Tanks that store heating oil burned on the premises
  • Tanks on or above the floor of underground areas such as basements or tunnels
  • Septic tanks and systems for collecting storm water and wastewater

In Illinois, The Leaking Underground Storage Tank (LUST) program governs the detection, identifica­tion, monitoring, mitigation, and removal of buried underground storage tanks (particularly those containing petroleum products). The program is administered by the state fire marshal and the IEPA and is authorized to disburse money from a special fund to assist property owners in complying with mandatory remediation activities.