DANBURY, CONN. (June 25, 2024) – The U.S. Environmental Protection Agency recently reached a settlement with a Connecticut property owner based in Danbury for alleged violations of the Toxic Substances Control Act (TSCA) and the Lead-Based Paint Disclosure Rule (Disclosure Rule). As a result of the settlement, J. Da Silva Properties, LLC agreed to come into compliance with the Disclosure Rule, pay a penalty of $68,078, and perform two lead-based paint abatement Supplemental Environmental Projects estimated to cost a total of $44,453.
“It’s unacceptable that a property owner would not inform their tenants of known lead-based paint hazards,” said EPA New England Regional Administrator David W. Cash. “This is especially important in Danbury, an area that’s had more than its fair share of environmental pollution. It’s encouraging to know that because of EPA’s action, the residents and their children will be made safer through the company’s lead abatement work and compliance with the Disclosure Rule in the future.”
J. Da Silva Properties owns six residential apartment buildings totaling 39 units in Danbury, Connecticut. In January of 1997, Danbury’s Department of Health and Housing (DHH) issued an abatement order to the company to perform lead testing and abatement at the Tower Pace buildings in Danbury. Based on the positive test results in the properties for lead-based paint, DHH issued a Notice of Violation. In August of 1999, J. Da Silva Properties submitted a Certificate of Compliance to DHH.
In August 2022, an EPA representative conducted an inspection to determine the company’s compliance with the Disclosure Rule at its properties. Based on EPA’s review of the information and documents obtained from J. Da Silva Properties, LLC, EPA identified violations of TSCA and the Disclosure Rule. In addition, at least one child under the age of six and children between the ages of six and 18 resided in three of the units.
EPA alleges that the company violated the Disclosure Rule in the following ways:
- failure to provide lessee with an EPA-approved Lead Hazard Information Pamphlet;
- failure to disclose the presence of known lead-based paint/hazards;
- failure to provide a Lead Warning Statement;
- failure to include a statement disclosing the presence of known lead-based paint and/or hazards; and
- failure to include a list of records/reports pertaining to lead-based paint or lead-based paint hazards at the property.
In addition to certifying compliance with the Disclosure Rule and paying a penalty, J. Da Silva Properties, LLC agreed to perform a lead-based paint abatement Supplemental Environmental Project (SEP) at two properties. The SEP at the first property, located at Tower Place in Danbury, consists of removing, properly disposing, and replacing baseboards containing lead-based paint. The SEP at the second property, located at Keeler Street in Danbury, consists of removing, properly disposing, and replacing front entrance exterior doors, casings, and jambs containing lead-based paint. Both projects will be performed by a licensed lead abatement contractor and are located in an environmental justice area of concern.
This inspection was part of EPA New England’s Connecticut Geographic Initiative for lead-based paint.
Background
Lead-Based Paint Disclosure Rule
The Disclosure Rulerequires 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.
Supplemental Environmental Projects
Most federal actions against businesses or individuals for failure to comply with the environmental laws are resolved through settlement agreements. As part of a settlement, an alleged violator may propose to undertake a project to provide tangible environmental or public health benefits to the affected community or environment, that is closely related to the violation being resolved, but goes beyond what is required under federal, state, or local laws. The voluntary agreement to perform an SEP is one factor that is considered in determining an appropriate settlement penalty. EPA supports the inclusion of SEPs in appropriate settlements.
More information:
Lead-Based Paint Disclosure Rule
Real Estate Disclosures for Lead Hazards