EPA v. SPRINGFIELD HOUSING AUTHORITY

Case summary

On June 28, 2013, Region 1 filed a Consent Agreement and Final Order (“CAFO”) resolving an enforcement action against the Springfield Housing Authority (“SHA”) for violations of the Toxic Substances Control Act (“TSCA”), the Residential Lead-Based Paint Hazard Reduction Act (the “Act”), and the federal regulations regarding notifying prospective tenants of the potential hazards of lead-based paint during real estate lease transactions. (Docket No. TSCA-01-2012-0078). SHA is one of the largest housing authorities in Massachusetts. Under the CAFO, SHA will pay a civil penalty of $5,500 and will spend at least $49,500 to perform a supplemental environmental project (“SEP”). For the SEP, SHA will undertake four lead abatement projects on several of its properties in Springfield, Massachusetts. Region 1’s complaint had alleged that SHA violated TSCA, the Act, and the Lead-Based Paint Disclosure Rule, 40 C.F.R. Part 745, Subpart F, during 21 lease transactions in 2007 and 2009 involving state-subsidized units at its properties. Region 1 closely coordinated with the U.S. Department of Housing and Urban Development (“HUD”) in reaching a settlement in this action. This CAFO was entered concurrent with a parallel settlement agreement between SHA and HUD. Under that agreement, SHA will pay an additional $5,500 penalty to HUD.

Defendants (1)

• SPRINGFIELD HOUSING AUTHORITYNamed in complaintNamed in settlement

Facilities (1)

• SPRINGFIELD HOUSING AUTHORITY / DISTRICT D

  35 SAAB COURT, SPRINGFIELD, MA, 01107

  Registry ID: 110032614623

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• SPRINGFIELD HOUSING AUTHORITYentered 2013-06-28

  Primary law: TSCA

  Federal penalty: $5,500 · SEP: $60,559

Timeline (3 milestones)

• 2011-10-26Enforcement Action Data Entered
• 2012-08-09Complaint Filed/Proposed Order
• 2013-06-28Final Order Issued