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EPA Settles Lead Enforcement Case With Franklin Pierce Law Center in Concord, NH; Agreement Includes $22,000 Penalty and $103,000 of Lead Abatement Work

Release Date: 10/03/2002
Contact Information: Andrew Spejewski, EPA Press Office, 617-918-1014

BOSTON – The U.S. Environmental Protection Agency announced today it has settled an enforcement action with the Franklin Pierce Law Center, a law school in Concord, N.H. concerning its failure to properly notify tenants about lead risks in student housing. The law school has agreed to spend at least $103,265 to fully abate lead-based paint in the interiors of its student housing and pay a civil fine of $22,374.

"Franklin Pierce should be commended for moving to completely remove lead exposure from all of its student housing," said Robert W. Varney, regional administrator of EPA's New England Office. "Though it's unfortunate the school wasn't complying with lead notification laws, its willingness to go beyond notification by carrying out lead abatement is something we hope others will emulate."

The case is the third enforcement action EPA has taken this week in New Hampshire stemming from violations of federal lead disclosure laws.

Federal law requires that sellers and landlords selling or renting housing built before 1978 must: provide an EPA-approved lead hazard information pamphlet; include lead notification language in sales and rental forms; disclose any known lead-based paint and lead-based paint hazards in the living unit and provide available reports to buyers or renters; allow a lead inspection or risk assessment by home buyers; and maintain records certifying compliance with federal laws for a period of three years. Sellers, lessors, and real estate agents all share responsibility for such compliance.

Franklin Pierce maintains five homes in Concord with residential units, for student rentals. According to EPA's complaint, based on inspections of the housing units in March 2001, the law school failed to meet lead disclosure requirements when renting to students.

Franklin Pierce immediately came into compliance with all lead disclosure regulations after being notified of the violations. This included immediate notification of tenants of potential lead hazards. Under the terms of the agreement, Franklin Pierce will abate lead paint in the interiors of the properties that it now leases for student housing. The school will follow HUD Guidelines for performing the abatement, which will consist of a combination of removal, enclosure and encapsulation techniques.

The case is among a half-dozen lead-related civil and criminal cases EPA New England has taken since launching an initiative to make sure landlords and property owners are complying with federal laws, which require them to notify tenants and prospective buyers of potential lead-paint hazards in their buildings. The initiative has included more than 80 inspections around New England as well as compliance assistance workshops.

Earlier this week, EPA announced that it has filed enforcement complaints against two New Hampshire realty companies for failing to properly notify home buyers and renters of risks from exposure to lead paint, as required by federal law. EPA proposing a fine of $33,892 against Senecal Properties and $13,200 against Lacerte Realty, both based in Manchester, NH.

In April of this year, a Manchester, NH property manager and his company was fined $40,000 and sentenced to 15 months imprisonment for failing to notify tenants in Manchester of lead dangers and obstructing EPA's investigation into the case. The criminal case was launched by EPA, HUD and the U.S. Attorney District of New Hampshire after one of the children in the family – a two-year-old girl – died from lead poisoning in 2000.

"It's unacceptable that thousands of New England children are still being lead poisoned each year," Varney said. "Property owners must do a better job of making sure renters and buyers get the information they need to protect children and other tenants from potential lead threats. And we strongly encourage actions to abate lead threats, as Franklin Pierce is doing here.