Companies Fined for Failing to Notify Tenants About Lead Paint at Two Navy Bases in New England

News Release
U.S. Environmental Protection Agency
New England Regional Office
May 1, 2012

Contacts: David Deegan, (617) 918-1017

Companies Fined for Failing to Notify Tenants About Lead Paint at Two Navy Bases in New England

(Boston, Mass. – May 1, 2012) – Two companies have agreed to pay a penalty of $89,300 to settle EPA claims that they violated federal lead paint disclosure laws at the Portsmouth Naval Shipyard in Kittery, Maine and the Naval Submarine Base New London in Groton, Conn.

In a recent EPA enforcement complaint, EPA alleged that Northeast Housing, LLC, and Balfour Beatty Military Housing Management, LLC failed on multiple occasions to notify prospective tenants, including families with young children, about potential lead paint hazards in housing managed by the companies on the two Navy bases in New England.  Specifically, the companies failed to comply with the Lead Based Paint Disclosure Rule when they entered into contracts to lease housing with military personnel during the years 2007-2010 by failing to provide available records and reports regarding lead-based paint and lead-based paint hazards to 13 lessees (10 lessees at Portsmouth and three lessees at the Conn. base).  Nine of the lessees were families with children, including seven families with children under the age of six.

Notifying prospective tenants of housing units helps parents protect young children from exposure to lead-based paint hazards.  Infants and young children are especially vulnerable to lead paint exposure, which can cause intelligence quotient deficiencies, reading and learning disabilities, impaired hearing, reduced attention span, hyperactivity, and behavior problems. Adults with high lead levels can suffer difficulties during pregnancy, high blood pressure, nerve disorders, memory problems, and muscle and joint pain.

Many homes built before 1978 have lead-based paint. The federal government banned lead-based paint from housing in 1978. The purpose of the Lead Disclosure Rule is to provide residential renters and purchasers of pre-1978 housing with enough information about lead-based paint in general and known lead-based paint hazards in specific housing, so that they can make informed decisions about whether to lease or purchase the housing.

The housing at both bases is owned by Northeast, a joint venture limited liability company between the Department of the Navy and a wholly-owned subsidiary of Balfour Beatty Communities, LLC, of which the BBC affiliate is the managing member.  There are approximately 25 pre-1978 housing units located at Portsmouth Naval Shipyard, where housing was built in the 1800s and early 1900s.  There are approximately 735 pre-1978 housing units at the Naval Submarine Base in Groton which were built in the early 1960s.

Northeast Housing and Balfour Beatty Military Housing Management cooperated with EPA in promptly correcting the violations and in reaching a quick settlement.


More information on lead hazards and lead disclosure rule: http://epa.gov/lead/pubs/leadinfo.htm

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Companies Pick Up Used Packaging, and Recycling’s Cost

Excerpt from an article in

The New York Times

Saturday, March 24, 2012

Companies Pick Up Used Packaging, and Recycling’s Cost

By STEPHANIE STROM

Brushing your teeth with a yogurt container? Wiping your mouth with a coffee cup?

You might be doing both, as a result of a new trend in recycling, courtesy of the manufacturers who make the original products. A growing number of large food and beverage companies in the United States are assuming the costs of recycling their packaging after consumers are finished with it, a responsibility long imposed on packaged goods companies in Europe and more recently in parts of Asia, Latin America and Canada.

Several factors are converging to make what is known as “extended producer responsibility” more attractive and, perhaps, more commonplace in the United States.

“Local governments are literally going broke and so are looking for ways to shift the costs of recycling off onto someone, and companies that make the packaging are logical candidates,” said Jim Hanna, director of environmental impact at the Starbucks Corporation. “More environmentally conscious consumers are demanding that companies share their values, too.”

Perhaps most important, he said, “companies are becoming more aware that resources are limited and what they’ve traditionally thrown away — wow, it has value.” It is now cheaper to recycle an aluminum can into a new can than it is to make one from virgin material, and the same is becoming true for plastic bottles.

EPA Reaches Settlement with Companies to Pay Cleanup Costs

News Release from EPA Region 3:

EPA reaches settlement with companies to pay cleanup costs for Occidental Chemical Corp. Superfund site

       PHILADELPHIA (January 25, 2012) -- The U.S. Environmental Protection Agency today announced that current and former owners and operators of the Occidental Chemical Corporation Superfund Site in Lower Pottsgrove Township, Montgomery County, Pa. have agreed to pay $2.1 million in past cleanup costs for the site.

In a consent decree filed in federal court by the Justice Department on behalf of EPA, the companies also assumed responsibility for all future cleanup costs at the site. The companies included Occidental Chemical Corporation (OxyChem), Bridgestone Americas Tire Operations and Glenn Springs Holdings, Inc.

Under the “Superfund” law, the landowners, waste generators and waste transporters that are responsible for the contamination of a Superfund site must either clean up the site, or reimburse the government or other parties for cleanup activities.

OxyChem currently owns the site where it manufactured polyvinyl chloride (PVC) plastic resins from 1980 to 2005. OxyChem purchased the site from Firestone Tire & Rubber Company(now known as Bridgestone Americas Tire operations), which manufactured tires and PVC there from approximately 1945 to 1980. Settling defendant Glenn Springs Holdings, Inc., a corporate affiliate of OxyChem, is the current operator of the site.   Glenn Springs assumed management of the site in 2005 after OxyChem closed its PVC-manufacturing facility.

From 1942 to 1985, operators used the site for disposal of industrial wastes including cutting oils, metal filings, tires, and PVC sludge resins. In 1989, EPA placed the site on its Superfund list of the nation’s most contaminated sites to address unsafe levels of trichloroethylene (“TCE”), vinyl chloride, and other hazardous substances in the soil and groundwater. OxyChem, under EPA oversight, performed remedial action at the site and completed construction in 2008.

            Additional information on the site is available at: http://www.epa.gov/reg3hwmd/super/sites/PAD980229298/index.htm .