EPA finds lead-based paint at Putnam, Conn. apartment complex may present imminent and substantial endangerment to tenants | US EPA
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Agency takes action against property owner to address lead-based paint hazards and protect children and families
BOSTON (March 21, 2024) – On March 21, the U.S. Environmental Protection Agency issued an Administrative Order on Consent to Historic Cargill Falls Mill, LLC to take immediate steps to protect tenants and visitors at The Lofts at Cargill Falls Mill in Putnam, Conn. from lead-based paint hazards. EPA’s order requires the company to perform lead abatement work in all residential units of the complex containing lead-based paint and/or lead dust hazards that have not already been abated.
“This order will ensure the most immediate protection EPA can offer for the children and families who live in this complex,” said EPA New England Regional Administrator David W. Cash. “No one should have to experience the dangers from exposure to lead-based paint, especially in this decade. We have environmental laws for a reason, and that’s to protect people’s health. This order demonstrates our commitment to keeping children and families safe and healthy.”
EPA is issuing an Administrative Order on Consent under the Resource Conservation and Recovery Act Section 7003 (RCRA Section 7003) to Historic Cargill Falls Mill, LLC to abate lead-based paint and/or dust hazards in all residential units of the complex. EPA can issue this order when the agency finds there may be an imminent and substantial danger to public health or the environment. The order issued by EPA takes into account ongoing enforcement efforts by the local health agency to ensure a comprehensive response to lead-based paint and/or dust hazards in the complex. Through EPA’s order, all units with lead-based paint and/or dust hazards will be addressed.
Under the order, Historic Cargill Falls Mill, LLC will be required to:
- Expedite the lead-based paint abatement process by developing a schedule for the abatement of 50 units and update its current abatement plan to include the abatement schedule;
- hire a licensed and insured lead abatement contractor to perform abatement of the 50 units;
- arrange and pay for the relocation of tenants during abatement until clearance testing is performed demonstrating that the units are free of lead-based paint and/or dust hazards;
- identify any additional unit(s) and common area(s) at the property that contain lead-based paint and/or dust hazards that have not previously been identified and revise the current abatement plan to include these unit(s) and/or common area(s);
- conduct a lead dust and lead-based paint hazard risk assessment for all units that had identified lead dust and lead-based paint hazards for each of the five calendar years following the issuance of the Order; if any hazards are identified, prepare an abatement plan within 21 days of receipt of the risk assessment, submit the plan to EPA for approval, and implement the abatement plan, including clearance testing; and
- post signs at entrances to the property advising that EPA has determined the property contains solid and/or hazardous wastes that my present an imminent and substantial endangerment to health or the environment and also that identify the units and areas that are subject to the Order.
Historic Cargill Falls Mill, LLC has been cooperative throughout EPA’s enforcement process.
For human health-related inquiries, please contact Connecticut’s Northeast District Department of Health.
Background
The Lofts at Cargill Falls Mill is a historic residential property located at 58 Pomfret Street in Putnam. The property was converted from a cotton mill into a mixed-use commercial and residential complex, containing 82 residential units. Tenants moved onto the property beginning in November 2020.
In November 2022, the local health department, Northeast District Department of Health (NDDH), received information about a young child’s exposure to lead at the property. As a result of the lead investigation and testing NDDH performed, the property owner was issued a lead abatement order in December of 2022 for the child-occupied unit and some common areas. A second abatement order was then issued in January 2023 covering eight additional child-occupied units. Legally, NDDH can only issue lead abatement orders for residences and common areas where children under six years old reside.
The property came to the attention of EPA’s regional office in January 2023 through the receipt of tips and information from tenants about lead contamination concerns at the property.
Between September 2023 and October 2023, lead-based paint testing and lead dust sampling were conducted by an environmental consultant. The consultant identified 47 out of the 82 residential units and 20 common areas that had lead-based paint hazards. Lead dust hazards were also identified in 20 of the units and three common areas. After receiving a Lead Abatement Plan from the consulting company in December 2023, NDDH issued a third lead abatement order requiring the abatement of all lead-based paint and/or dust hazards in all common areas.
The Resource Conservation and Recovery Act Section 7003
Section 7003 of the Resource Conservation and Recovery Act (RCRA) provides the EPA with broad and effective enforcement tools that can be used to abate conditions that may present an imminent and substantial endangerment to health or the environment. Section 7003 allows EPA to address situations where the handling, storage. treatment, transportation, or disposal of any solid or hazardous waste may present such an endangerment. In these situations, EPA can initiate judicial action or issue an administrative order to any person who has contributed or is contributing to such handling, storage, treatment, transportation, or disposal to require the person to refrain from those activities or to take any necessary action.
More information
EPA information on lead and health effects from lead exposure
Administrative Orders under RCRA Section 7003
National Lead Information Center Lead Hotline
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