The U.S. Environmental Protection Agency (EPA) has reached a settlement with J. Da Silva Properties, LLC, a property owner based in Danbury, Connecticut, for alleged violations of the Toxic Substances Control Act (TSCA) and the Lead-Based Paint Disclosure Rule (Disclosure Rule). As part of the settlement, J. Da Silva Properties has agreed to comply with the Disclosure Rule, pay a penalty of $68,078, and undertake two lead-based paint abatement Supplemental Environmental Projects estimated to cost $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. In January 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 Place buildings in Danbury. Following positive test results for lead-based paint in these properties, DHH issued a Notice of Violation. In August 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 this review, EPA identified violations of TSCA and the Disclosure Rule. Additionally, at least one child under six years old and children between six and eighteen resided in three of these units.
EPA alleges that J. Da Silva Properties violated the Disclosure Rule by failing to:
- Provide lessees 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 and/or hazards;
- Include a list of records/reports pertaining to lead-based paint or hazards at the property.
In addition to certifying compliance with the Disclosure Rule and paying a penalty, J. Da Silva Properties agreed to perform two Supplemental Environmental Projects (SEPs) involving lead-based paint abatement at properties located on Tower Place and Keeler Street in Danbury. The projects include removing, disposing of properly, and replacing baseboards containing lead-based paint at Tower Place as well as front entrance exterior doors, casings, and jambs containing lead-based paint at Keeler Street. Both projects will be carried out by licensed lead abatement contractors within an environmental justice area.
This inspection was part of EPA New England's Connecticut Geographic Initiative for lead-based paint.
Background
Lead-Based Paint Disclosure Rule:
The rule mandates sellers, landlords, and agents provide potential buyers and renters information about any known lead-based paint hazards in housing built before 1978 before finalizing sales or rental agreements.
Supplemental Environmental Projects:
These are voluntary projects undertaken by alleged violators as part of settlement agreements with federal agencies for non-compliance with environmental laws. They provide tangible benefits related closely to resolved violations but exceed legal requirements.
For more information:
- Lead-Based Paint Disclosure Rule
- Real Estate Disclosures for Lead Hazards
- Supplemental Environmental Projects (SEPs)
- Toxic Substances Control Act (TSCA)
