Getting the Lead Out: New Hampshire property owner fined by EPA for violations of federal lead-based paint rules
BOSTON (Oct. 24, 2024) – The U.S. Environmental Protection Agency recently reached a settlement with a New Hampshire property owner and management company based in Dover for violations of the Toxic Substances Control Act (TSCA), the Residential Lead-Based Paint Hazard Reduction Act, and the Lead-Based Paint Disclosure Rule (Lead Disclosure Rule). As a part of this settlement, Chinburg Management, LLC and Washington Street Mill, LLC have agreed to pay a penalty of $42,000 and come into compliance with the Disclosure Rule.
"No one should have to worry about the dangers of old lead paint where they live. Ensuring that property owners and managers provide disclosure of information about lead paint to tenants is an important way to protect children from the hazards of lead-based paint," said EPA New England Regional Administrator David W. Cash. "The Lead Disclosure Rule and other federal regulations around lead exist because we want to make sure communities are safe in the places they call home. With no safe level of lead exposure, efforts like EPA Region 1's New Hampshire Lead-based Paint Geographic Initiative continue to inform and protect communities, while ensuring compliance with EPA rules and regulations."
Chinburg Management, LLC, manages various residential properties throughout New England, including Washington Street Mill a residential building which has a total of 88 residential units in Dover, New Hampshire. In March of 2023, a family with a young child residing at the property was informed by the New Hampshire Department of Health and Human Services (NH DHHS) that their child's blood lead level was elevated. A New Hampshire-licensed lead inspector/risk assessor found positive results for lead-based paint and lead hazards in the family's unit.
In April 2023, EPA representatives conducted an inspection of the property to determine compliance with the Lead Disclosure Rule and the Renovation, Repair and Painting (RRP) Rule. Based on EPA's review of the information, the agency identified violations of TSCA and the Lead Disclosure Rule.
EPA alleged that Chinburg Management, LLC and Washington Street Mill, LLC violated the Lead Disclosure Rule by failing to:
- disclose the presence of known lead-based paint hazards;
- provide records or reports pertaining to lead-based paint hazards;
- include a list of records or reports pertaining to lead-based paint hazards; and,
- provide accurate, up to date lead disclosure statements in leases collected by the EPA inspectors.
Following the agreement with EPA, in addition to paying a penalty of $42,000, Chinburg Management, LLC and Washington Street Mill, LLC will ensure compliance with the Lead Disclosure Rule. This includes providing appropriate records and reports of lead-based paint hazards prior to tenants contracting to lease units and making sure that lead disclosure statements attached to or included in lease contracts are accurately and appropriately signed and dated. Chinburg Management and Washington Street Mill cooperated with EPA in this matter.
Background
Exposure to lead from deteriorated or disturbed lead paint is the single largest cause of childhood lead poisoning. To address this threat, EPA issued lead paint rules under the Toxic Substances Control Act (TSCA) and the Residential Lead-based Paint Hazard Reduction Act.
New Hampshire Lead-based Paint Geographic Initiative
In 2024, EPA Region 1 embarked on a cross-office initiative focused on outreach, education, compliance assistance, enforcement, and press/social media to help prevent childhood lead poisoning. The initiative focused on increasing awareness of and compliance with federal lead-based paint regulations, such as EPA's Renovation, Repair, and Painting (RRP) rule and the Lead-Based Paint Disclosure Rule, both aimed at protecting families and communities living in housing built prior to 1978. Through this New England-based initiative, the number of RRP certified renovation firms increased by 11% to 433 and renovators trained and certified in lead-safe renovation methods increased by 12% to 1514 in the geographic focus area compared to a national increase of 2.5% and 3.5% respectively during the same time period.
Stronger Standards to Protect Children from Exposure to Lead Paint Dust
EPA's final rule reduces the level of lead in dust that EPA considers hazardous to any reportable level measured by an EPA-recognized laboratory. The rule also lowers the amount of lead that can remain in dust on floors, windowsills and window troughs after a lead paint abatement occurs to the levels listed below, the lowest levels that can be reliably and quickly measured in laboratories.
Lead-Based Paint Disclosure Rule
The Lead Disclosure Rule requires sellers, landlords, and agents to provide potential buyers and renters of housing built before 1978 information about lead-based paint and lead-based paint hazards in the residence prior to becoming obligated to buy or rent the housing and provides the opportunity for an independent lead inspection for buyers. Sellers, landlords, and agents are responsible for compliance.
More information:
Lead-Based Paint Disclosure Rule