How is Lead Safety Enforced and What are the Penalties for Disobeying?

The Environment Protection Agency (EPA) is the primary enforcer of rules and regulations regarding lead in the environment. Their goals are to protect the public health and deter potential violators of lead laws.

The EPA’s enforcement program cannot do it alone, though, so they team with various federal agencies such as the Department of Justice and local entities, taking legal actions at both federal and state levels making sure violators comply with environmental laws.

The three major enforcement categories which apply different sets of regulations to protect public health from exposure to lead are:

  • Paint, dust, or soil contamination
  • Water contamination
  • Air Pollution

The regulations used are all put forth in many different acts, or laws passed during the past few decades.

Toxic Substances Control Act

The EPA uses the Toxic Substances Control Act (TSCA) as the enforcement mechanism for its lead-based paint program. This act grants authority for the EPA to:

  • Inspect facilities
  • subpoena company documents,
  • require individual testimony
  • bring civil actions.

The EPA’s goal for lead-based paint enforcement is fairness. They want to make the enforcement response predictable and give similar penalty rulings for like violations, along with the flexibility to examine facts on a case-by-case basis.

Penalties for a person knowingly or willfully are up to one year in jail or a $25,000 per day fine.

Resource Conservation Recovery Act

Hazardous waste management should be done in a way that does not risk human health or the environment. The EPA enforces these requirements for the safe handling, storage, and disposal of lead under the Resource Conservation and Recovery Act. The EPA and states have a comprehensive program for compliance monitoring, which includes inspection of facilities and reviewing of records.

There are many different violations which can result in jail time and fines of up to $50,000 per day.

Comprehensive Environmental Response Compensation Liability Act

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is also known as Superfund. Under this law, the EPA shares the responsibility for managing lead risk and cleanup with federal agencies, state agencies, and tribes.

The goal is to find the party or parties responsible for the contamination and negotiate with them to clean the site. The agency can also request a court order to the responsible party to clean the site. Where responsible parties do not exist, the EPA will use the Superfund Trust Fund to take action.

Safe Drinking Water Act

The EPA uses the Safe Drinking Water (SDWA) to set lead level standards in drinking water, and local water agencies must comply. These regulations include health-based standards as well as monitoring and reporting requirements.

The penalty for tampering with a public water system can be up to 20 years in jail.

Clean Water Act

The focus of the Clean Water Act (CWA) is to improve the quality of the nation’s rivers, lakes, and streams. The goal of this act is to address the causes of poor water quality. The CWA prohibits any discharging of pollution, including lead, into a body of water without a permit.

Criminal penalties for violating the CWA include serious jail time and severe fines.

Conclusion

The EPA has a variety of tools in the form of rules and regulations to enforce the nation’s environmental laws. By cooperating with agencies on both the federal and state levels, the EPA can effectively pursue and prosecute organizations and individuals who choose to harm the environment. Penalties for violations can be punitive and possibly jail or fines or both.

If you are responsible for the safety and environmental policies and procedures for an organization, you need to have a solid understanding of these laws. Additional information regarding EPA enforcement of lead laws can be found here.

Leave a Reply

Your email address will not be published. Required fields are marked *