EPA v. MY VAN NGUYEN & XEM THI LE

Case summary

On September 29, 2014, Region 1 filed a Consent Agreement and Final Order (ACAFO@) settling an administrative penalty action against My Van Nguyen and Xem Thi Le (�Respondents�) regarding alleged violations of the Lead-Based Paint Disclosure Rule under Section 1018 of the Residential Lead Based Paint Hazard Reduction Act of 1992. Pursuant to the CAFO, Respondents will pay a cash penalty in the amount of ten thousand eight hundred eighty seven dollars ($10,887). Respondents will also complete a Supplemental Environmental Project (�SEP�) valued at $97,977. Respondents will complete a lead-based paint abatement SEP within two years of the date of the Final Order. The lead-based paint abatement SEP consists of replacing window, door and wood siding, and other lead abatement work at Respondents� properties located at 47-49 Savin Hill Avenue, 37-45 Neponset Street, 114 Sawyer Avenue, 156 Ballou Avenue, and 6-8 Westville Terrace, Dorchester, Massachusetts. These components contain lead-based paint. The SEP is intended to yield significant environmental or public health benefits and is beyond the scope of existing law. Old windows, and wood siding in housing built before 1978 are known to contribute to lead poisonings in residential settings. The properties referenced above were all built in the early 1900s. Accordingly, the replacement of window, door and wood siding at these properties can help reduce the risk of lead poisonings. Young children live in the properties listed above. Infants and young children are especially vulnerable to lead paint exposure, which can cause lowered intelligence, 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. Respondents will arrange to have wipe sampling conducted subject to the SEP to ensure that no lead-based paint hazards exist after the project is completed. The SEP will significantly reduce the risk of lead poisoning in the subject properties. The five properties subject to the SEP are located in environmental justice areas. Additionally, Dorchester, MA is one of the highest risk neighborhoods for lead poisonings.

Defendants (2)

• MY VAN NGUYENNamed in complaintNamed in settlement
• XEM THI LENamed in complaintNamed in settlement

Facilities (1)

• MY VAN NGUYEN & XEM THI LE

  70 MEADOW BROOK ROAD, WESTON, MA, 02393

  Registry ID: 110058293975

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• MY VAN NGUYEN & XEM THI LEentered 2014-09-29

  Primary law: TSCA

  Federal penalty: $10,887 · SEP: $97,977

Timeline (3 milestones)

• 2014-01-27Complaint Filed/Proposed Order
• 2014-03-11Enforcement Action Data Entered
• 2014-09-29Final Order Issued