The U.S. Environmental Protection Agency (EPA) has reached a settlement with J. Da Silva Properties, LLC, a Connecticut property owner based in Danbury, for alleged violations of the Toxic Substances Control Act (TSCA) and the Lead-Based Paint Disclosure Rule. As part of the settlement, the company will comply with the Disclosure Rule, pay a penalty of $68,078, and perform two Supplemental Environmental Projects (SEPs) for lead-based paint abatement valued at $44,453.
Violations and Settlement Details
An inspection conducted by the EPA in August 2022 revealed several violations of the Lead-Based Paint Disclosure Rule at properties owned by J. Da Silva Properties. These violations included the failure to provide tenants with an EPA-approved Lead Hazard Information Pamphlet, disclose the presence of known lead-based paint hazards, provide a Lead Warning Statement, include a statement disclosing the presence of known lead-based paint hazards, and provide a list of records/reports related to lead-based paint hazards at the property.
"It’s unacceptable that a property owner would not inform their tenants of known lead-based paint hazards," stated 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."
Lead Abatement Projects
As part of the settlement, J. Da Silva Properties will perform lead-based paint abatement at two properties in Danbury. The first project at Tower Place involves removing, properly disposing of, and replacing baseboards containing lead-based paint. The second project at Keeler Street includes removing, properly disposing of, and replacing front entrance exterior doors, casings, and jambs containing lead-based paint. Both projects will be carried out by a licensed lead abatement contractor in an environmental justice area of concern.
Background
Lead-Based Paint Disclosure Rule
The Lead-Based Paint Disclosure Rule requires sellers, landlords, and agents to provide potential buyers and renters of housing built before 1978 with information about lead-based paint and lead-based paint hazards in the residence. This must be done before they are obligated to buy or rent the housing and offers the opportunity for an independent lead inspection for buyers. Compliance with this rule is mandatory for sellers, landlords, and agents.
Supplemental Environmental Projects (SEPs)
SEPs are projects that provide tangible environmental or public health benefits to the affected community or environment and are closely related to the violation being resolved. These projects go beyond what is required under federal, state, or local laws. Voluntarily undertaking an SEP can influence the determination of an appropriate settlement penalty. The EPA supports the inclusion of SEPs in suitable settlements.
