1. Section 319, created by the 1987 Amendments of the Clean Water Act to regulate non-point source stormwater discharges, exempts which type of facility or activity ?

Select one:

a. Outdoor machinery storage yard

b. Construction sites

c. Railroads

d. Agriculture and Forestry

2. Ajax owns a parcel of land abutting the Roanoke River about one mile up stream from a chemical manufacturer. One day while fishing downstream of his property near the chemical plant, he notices a neon green liquid pouring from a pipe into the river. He has not seen such a thing before, and notices some dead fish floating in the river. Outraged he files a law suit the next day in the Federal District Court for the Eastern District of North Carolina under the citizen suit provision of 505 (link) of the Clean Water Act. The court promptly dismisses his case. Why?

Select one:

a. Because he lives up river from the chemical plant his riparian rights are not affected

b. He did not follow the procedures of 505, which requires a 60-day pre-suit notice the polluter and regulators.

c. Because his property lies upstream he cannot show injury sufficient for standing

3. Continue facts from previous question. Assuming Ajax's action properly proceeds, the chemical manufacturer moves to challenge Ajax's standing to bring a citizen suit to enjoin their pollution. Which best describes the result?

Select one:

a. Ajax need only demonstrate that he regularly fishes the river, that his recreational interests are impacted by the discharge, and that if the discharge is stopped he can continue to fish the river

b. Ajax must demonstrate that he is a professional fishing guide and that his economic interests have been damaged by the spill

c. Ajax must prove that his upstream property actually abuts the river

4. The Dow Chemical Company ("Dow"), manufactures and sells a product that is a patented dielectric fluid, known as Dow Dielectric Fluid C4 ("DDFC4"), which is used by the electrical industry in high voltage power capacitors. DDFC4 is registered with the EPA pursuant to TSCA.

Dow has found an alternative application for DDFC4 in photovoltaic power generation which requires a slight molecular modification, and Dow will now market the substance as Dow Dielectric Fluid C5 ("DDFC5").

As counsel for Dow, what do you advise your client so that the marketing of DDFC5 complies with TSCA?

Select one:

a. File a Significant New Use for Notice for DDFC4 with the EPA after Dow makes its first sale of DDFC5

b. File a Significant New Use for Notice for DDFC4 with the EPA 90 days before the first marketing of DDFC5

c. File a Pre-Manufacture Notice with EPA for DDFC5 because it is a substance with a new chemical identity

5.

Acqua Concepts, Inc. has developed a new product - Protec-T - containing an active ingredient to discourage gophers from chewing irrigation lines.

The label on Protec-T states that its active ingredient targets gophers, specifically to discourage them from chewing crop irrigation lines. The label also prohibits application within 5 days of the termination of a minimum 1" rainfall event.

Bowie operates a farm in Lenoir County, and is a North Carolina-licensed pesticide applicator.

Bowie buys a container of Protec-T from his local seed supply, and sprays it the first day he can get into the field, 3 days after a 2" rain event, to try and control voles on his property.

If Bowie's application of Protec-T is discovered, before whom will he be required to appear to explain his use of it?

Select one:

a. The North Carolina Department of Agriculture and Consumer Services Pesticide Board

b. The Lenoir County Health Department

c. The Lenoir County Soil and Water Board

d. The United States Department of Agriculture