Pacific Southwest, Region 9
Serving: Arizona, California, Hawaii, Nevada, Pacific Islands, Tribal Nations
Reducing Kids' Exposure to Lead: Recent EPA Enforcement Actions in Region 9
EPA's National Toxics Web Sites:
Lead poisoning is one of the most serious environmental threats to children. Elevated blood lead levels can retard young children’s mental and physical development. A primary means of exposure to lead is through peeling paint chips and paint dust in older housing. EPA is working with other state and federal agencies to protect children from exposure to lead-based paint present in homes and childcare facilities built before 1978.
EPA U.S. EPA settles with San Diego property manager (July 2007)
On July 20, 2007 Region 9 filed a Consent Agreement and Final Order ("CAFO") settling an administrative complaint against Sunview Properties, a San Diego property manager. Sunview Properties must spend $216,664 in lead paint removal and pay a $31,000 fine over alleged violations of the Residential Lead-Based Paint Hazard Reduction Act in connection with the leasing of 25 rental units located in San Diego, California. The two residential rental properties with the most lead paint disclosure violations are at 2860 "B" Street and 2610 "C" Street in San Diego. For the lead removal project, Sunview Properties agreed to identify lead-based paint at residential rental properties it owns and manages and remove all lead identified in order to certify the property as "lead free" with the State of California. (Contact: Ivan Lieben, ORC, ATWGL Branch, (415) 972-3914)
EPA resolves claims against 12 Los Angeles property owners (May 2007)
On May 31, 2007, Region IX filed a Consent Agreement and Final Order ("CAFO") that initiated and resolved a civil administrative penalty action against property owners, 2892 W. Seventh St. Apartments, Ltd.; Argyle Restoration Partnership; Brick Resurrection on Cherokee; Descanso Artiste, Ltd.; 1234 Formosa Apartments, Ltd.; 1516 Hobart Investments; Kelov Investment, Ltd.; Leland Regent Properties, Ltd.; Regent Properties Normandie; Normandie 7 Associates; 1516 Normandie Investments; Oxford Resurrection, Ltd.; and property manager, 7th Street Associates, Inc. ("Respondents") for violations of the Toxic Substances Control Act through violation of Section 1018 of Title X of the Residential Lead-Based Paint Hazard Reduction Act of 1992 ("Section 1018"), 42 U.S.C. § 4852d, and its implementing lead disclosure regulations at 40 C.F.R. Part 745, Subpart F ("the Disclosure Rule"). Under the terms of the CAFO, Respondents must pay a civil penalty of $62,500. EPA shares enforcement authority for the Disclosure Rule with the Department of Housing and Urban Development under Section 1018. In a separate settlement of the same Disclosure Rule violations with HUD, Respondents also must pay a civil penalty of $62,500. (Contact: Carol Bussey in the ATWGL Branch at (415) 972-3950).
United States settles case against Linder & Associates (May 2007)
On May 14, 2007, the United States filed a Consent Decree settling a Toxic Substances Control Act ("TSCA") action against Linder & Associates ("Linder"), a Los Angeles, California property management company. As part of a national enforcement initiative with HUD and the Department of Justice ("DOJ"), a group of inspectors from EPA Region IX, HUD and DOJ conducted joint inspections of approximately 50 landlords and property management companies with multiple apartment units in Los Angeles County, California. Under the terms of the Consent Decree, Linder is required to comply with the Disclosure Rule and inspect all of the properties that it manages for lead-based paint. Additionally, for its housing units with lead-based paint covered by the Rule and 0-bedroom units with lead-based paint and children six (6) years of age and under, Linder must replace all windows in all units and common areas; abate any surface and/or component in any unit, common area or exterior identified as having lead-based paint in "fair or deteriorated condition"; and perform ongoing operations and maintenance on surfaces and/or components in any unit, common area, or exterior identified as having lead-based paint in "intact condition" and in properties that are not certified "lead-based paint free" after completion of abatement or window replacement. Finally, Linder must pay a federal civil administrative penalty of $7,700 and a state civil penalty of $2,300 as part of a separate agreement with the State of California. (Contact: Carol Bussey in the ATWGL Branch at (415) 972-3950).
Protect children from lead poisoning
- Get kids tested for lead by their doctor or health care provider.
- Test your home for lead paint if it was built before 1978.
- Wash children’s hands before they eat; wash bottles, pacifiers and toys often.
- Wash floors and window sills to protect kids from dust and peeling paint contaminated with lead - especially in older homes.
- Run the cold water for at least 30 seconds to flush lead from pipes.
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