EPA v. HOWARD GROSS

Case summary

On September 22, 2020, EPA filed a consent agreement and final order settling claims for civil penalties against Howard Gross for violating the Toxics Substances Control Act (TSCA) by failing to disclose known lead-based paint and/or lead-based paint hazards in the course of leasing property in Somersworth, New Hampshire. The settlement calls for the payment by Mr. Gross of a $26,000 penalty. In conjunction with EPA�s actions, Mr. Gross has also performed abatement work at the property to address lead-based paint hazards. EPA inspected the rental property in 2019 as part of EPA�s area-wide push to reduce threats posed by lead-based paint in Seacoast properties. Based on the inspection, EPA issued an administrative TSCA complaint against Mr. Gross in September 2019. New Hampshire Department of Environmental Services supports this action by EPA. On September 30, 2019, Region 1 issued an Administrative Complaint to Howard Gross of Durham, New Hampshire relating to alleged TSCA 1018 Lead-Based Paint Disclosure violations at his property in Somersworth, New Hampshire. In September 2018, Mr. Gross leased an apartment to a family with a one-year old and an expectant mother. In January 2019, a member of the family reported that two children, the newborn and a one-year old, had elevated blood lead levels. Prior to leasing the property to the lessees, Mr. Gross had not provided the family with the required information and documents related to Lead-Based Paint hazards. In the Complaint, EPA is seeking a penalty of $50,474.

Defendants (1)

• Howard GrossNamed in complaintNamed in settlement

Facilities (1)

• HOWARD GROSS

  466 CENTRAL STREET #9, DOVER, NH, 03821

  Registry ID: 110070526037

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• HOWARD GROSSentered 2020-09-22

  Primary law: TSCA

  Federal penalty: $26,000

Timeline (3 milestones)

• 2019-09-30Complaint Filed/Proposed Order
• 2019-10-07Enforcement Action Data Entered
• 2020-09-22Final Order Issued