EPA v. PETER MARINUCCI

Case summary

THIS CASE INVOLVES VIOLATIONS OF THE LEAD-BASED-PAINT DISCLOSURE RULE UNDER TSCA ( DISCLOSURE RULE ). EPA's COMPLAINT ALLEGES THAT THE RESPONDENTS FAILED TO COMPLY WITH THE DISCLOSURE RULE BETWEEN JUNE 2003 AND JUNE 2005 WHEN THEY LEASED 51 APARTMENTS LOCATED IN PROVIDENCE, RHODE ISLAND. THE MOST SIGNIFICANT VIOLATIONS INCLUDE A FAILURE TO DISCLOSE KNOWN LEAD-BASED PAINT HAZARDS AND PROVIDE RECORDS OR REPORTS REGARDING THESE HAZARDS TO A TENANT WITH A CHILD UNDER THE AGE OF SIX, AND FAILURE TO PROVIDE A COPY OF EPA'S LEAD HAZARD INFORMATION PAMPHLET, TITLED PROTECT YUR FAMILY FROM LEAD IN YOUR HOME, TO FIVE LESSEES. NUMEROUS CHILDREN WITH ELEVATED BLOOD-LEAD LEVELS RESIDED IN APARTMENTS OWNED BY THE RESPONDENTS BETWEEN 1997 AND 2003. AT PRESENT, ONE OF THE RESPONDENT'S PROPERTIES, 345 PLAINFIELD ST, PROVIDENCE, RHODE ISLAND, IS LISTED AS A HIGHEST RISK PREMISES ON THE RHODE ISLAND DEPARTMENT OF HEALTH's WEBSITE. PROPERTIES ON THIS LIST ARE CONSIDERED UNSAFE FOR HABITATION BY CHILDREN UNDER AGE 6 BECAUSE MULTIPLE POISONINGS HAVE OCCURRED AND THE PROPERTY HAS NOT BEEN MADE LEAD SAFE AS REQUIRED. THE PURPOSE OF THE DISCLOSURE RULE IS TO HELP PREVENT EXPOSURE TO LEAD-BASED PAINT AND/OR LEAD-BASED-PAINT HAZARDS BY REQUIRING LANDLORDS TO DISCLOSE INFORMATION ABOUT LEAD-BASED-PAINT TO TENANTS. THIS ACTION WILL HELP ENSURE THAT FUTURE TENANTS OF THE RESPONDENTS WILL RECEIVE INFORMATION THEY NEED TO EVALUATE WHETHER AN APARTMENT THEY WANT TO RENT COULD POSE RISKS TO THEIR HEALTH, AND THE HEALTH OF THEIR CHILDREN. LEAD POISONING IN CHILDREN CAUSES INTELLIGENCE QUOTIENT DEFICIENCIES, READING AND LEARNING DISABILITIES, IMPAIRED HEARING, REDUCED ATTENTION SPAN,HYPERACTIVITY AND BEHAVIOR PROBLEMS.

Defendants (2)

• LILLIAN MARINUCCINamed in complaintNamed in settlement
• PETER MARINUCCINamed in complaintNamed in settlement

Facilities (1)

• MARINUCCI PETER

  178 WALLACE ST, PROVIDENCE, RI, 02909

  Registry ID: 110022862259

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• PETER MARINUCCIentered 2006-04-13

  Primary law: TSCA

  Federal penalty: $6,207 · SEP: $60,236

Timeline (4 milestones)

• 2005-10-19Enforcement Action Data Entered
• 2006-01-31Complaint Filed/Proposed Order
• 2006-04-13Final Order Issued
• 2007-06-01Enforcement Action Closed