Salem, EPA reach settlement on lead-paint charges
$25,000 fine in lead-paint case
As part of a settlement to clear up federal charges that the Salem Housing Authority failed to notify 14 tenants about lead paint dangers, the authority has agreed to pay a $25,000 fine, and will help oversee a new program to monitor lead-paint compliance at public housing properties throughout the state.
Last June, the Environmental Protection Agency charged that the Salem agency had violated the Toxic Substances Control Act, the Residential Lead-Based Paint Hazard Reduction Act, and the federal paint disclosure rule by not properly informing prospective tenants in writing about the dangers of lead paint. Federal law mandates that landlords renting property built before 1978 provide an EPA-approved pamphlet on lead paint to prospective tenants. In addition, the law calls for landlords to disclose the presence of lead-based paint, and provide records of the paint to renters prior to a lease being signed.
The 14 tenants had rented units between 2002 and 2005, and 13 had children under the age of 9 living in them. Of the Housing Authority units cited in the complaint, nine are in Rainbow Terrace, a 136-unit public housing project next to Salem State College, and the remainder are in Garden Terrace, on Congress Street or on Prince Street.
"Lead poisoning is a serious health threat for children in New England, because so much of our housing is older and may contain lead paint," Robert W. Varney, regional administrator for the EPA's New England office, said in a statement. "It is critically important that renters and buyers get the information they need to protect themselves and their children from potential exposure to lead paint. This is especially important for pregnant women and families with young children."
According to the EPA, infants and young children ingesting lead paint dust or chips can suffer reading and learning disabilities; for adults, lead-paint poisoning can cause miscarriages, nerve disorders, high blood pressure, memory problems, and joint and muscle pain.
While records show that the Salem Housing Authority had known about lead paint in the apartments since 1998, no action was taken to remove the paint until October 2005, when petitions were presented by residents to the city. The petitions complained about moldy apartments, flooded basements, rodents, leaky windows, and poor heating systems. At the time, Salem's health agent, Joanne Scott, visited the Rainbow Terrace units, tested peeling paint for lead, and then ordered the authority to delead the properties.
Andrea Simpson, an EPA attorney, said all of the units have been deleaded. "The Salem Housing Authority is in compliance," she said.
Under the settlement agreement announced last week, the Salem housing agency will perform a supplemental environmental project that will help 235 public housing authorities across Massachusetts comply with federal and state laws covering lead paint. The authority owns and manages 715 low-income housing units in 23 locations across the city, according to the EPA.
Simpson said the money for the project -- with a price tag of $209,000 -- will come from state Department of Housing and Community Development. As part of the project, she said, a consultant will hold training sessions with housing officials, and develop software and training materials for the authorities. In addition, an Internet database will track the compliance of the 235 housing authorities, and a handbook will be created that will contain compliance information.
Simpson said the supplemental environmental project would take 20 months to complete.
Carol A. MacGown, the Salem authority's executive director, could not be reached for comment on the EPA announcement.
At Rainbow Terrace, there was mixed reaction to news of the settlement agreement.
"They should have deleaded everything before," said Rico Rodriguez, who lives near several of the units cited by the EPA.
A few doors away, Diane Canney said she was pleased with the progress the Housing Authority had made.
"Whatever happened in the past -- it's all come to light and it's being fixed," said Canney, who has lived in the complex for 36 years. 