According to recent EPA statistics, nationally there are approximately 64 million houses that are suspected of containing lead paint. In New England, 51 percent of the housing inventory was constructed before the federal government prohibited the use of lead in paint. Similarly high percentages are found in many parts of the United States.

Lead poisoning is still a big problem in the United States. Particularly prone to lead poisoning are young children. According to the American Academy of Pediatrics, nearly 900,000 children have elevated levels of lead in their blood in the United States. While this figure appears to represent a marked decrease from national studies taken 15 years ago, it is clear that further protective action is necessary to protect our children.

Lead poisoning is associated with a variety of serious illnesses. Many experts associate lead poisoning with brain damage. Children with learning disabilities in certain cases may suffer from lead poisoning.

One of the biggest culprits appears to be old, lead paint. Many older homes were painted with lead paint, both inside and outside. Smaller children have been known to bite the paint and become infected. Flaking and chipping paint and contaminated soils, such as those near highways and incinerators, are other lead sources. Often, it is children in poorer, urban areas that are most at risk because they have multiple exposures.

Something needs to be done and, the good news is that nationwide, something is being done. For example, the Allegheny County Health Department in Pennsylvania has launched a campaign to warn do-it-yourself remodelers about the dangers of lead poisoning to young children. According to the Allegheny County Health Director, while lead poisoning still occurs most frequently in lower-income families living in poorly maintained housing, there is an increase in reported poisonings in middle-class families that are buying and renovating older homes in the cities and suburbs.

This past July, the EPA published a final rule which requires tenants to be informed of lead paint dangers. The rule requires those individuals who perform renovations to pre-1978 housing to provide a lead hazard information pamphlet to the owners and tenants of such housing before proceeding with the renovations.

This pamphlet offers the following warning: "Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavior problems, and impaired memory."

As lead related problems are gaining increased notoriety, litigation and enforcement efforts are on the rise. A ruling in Allegheny County, Pennsylvania recently opened the door for plaintiffs to sue a housing authority for money damages for failing to conduct adequate lead paint inspections in federally subsidized housing.

And an EPA Enforcement Coordinator has reported that his office recently conducted a round of inspections and is in the process of issuing complaints and subpoenas in various cities. He stated that this activity is ongoing nationwide and EPA's efforts to enforce the lead law will lead to increased levels of enforcement activities in upcoming years.

This past September, the EPA filed a civil complaint against a property management company based in Maryland. The complaint alleged in four counts that the company violated the federal Toxic Substances Control Act by failing to comply with the regulatory requirements enacted under the Residential Lead-Based Paint Hazard Reduction Act of 1992. The EPA may assess a civil penalty of $11,000 per lead related violation. However, the EPA must take in account the nature, circumstances, extent and gravity of the violations alleged, the violators ability to pay, effect on ability to continue to do business, history of prior violations, degree of culpability and other matters as justice require.

Many states and local governments also have lead laws and lead abatement programs. For example, in 1993 Louisiana established its own comprehensive lead compliance and enforcement program. The act, which was amended in 1995, requires certification of lead abatement professionals, development of approved lead abatement protocols, and increased public awareness through outreach programs.

According to the American Academy of Pediatrics, stepped up testing of children is needed in communities containing at least 27% housing inventory that predates 1950. Targeted screening is also urged for other children considered to be at risk.

If you have any questions about lead poisoning or lead abatement laws, contact the EPA, your state health or environmental agency, or your local health department.

Published: January 8, 1999

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Stuart Lieberman, Esq. writes about environmental issues. He was a New Jersey Deputy Attorney General assigned to the State Department of Environmental Protection from 1986 to 1990. Currently he is a shareholder in the environmental law firm of Lieberman & Blecher, P.C., located in Princeton, New Jersey. Stuart can be reached at slieberman@liebermanblecher.com.