Recommendations to Governor Frank O

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Recommendations to Governor Frank O'Bannon by IKE's Lead Poisoning Prevention Task Force

Finalized on April 26, 2000

Recommendation #9

Consistently enforce IDEM’s application of open dumping rules to lead based paint releases.
Action: Formalize IDEM’s application of the open dumping, spill reporting and lead-based paint licensing regulations to lead based paint releases to the environment. Work with local health departments to educate the public and renovators about the requirements.

Many homeowners and contractors remove lead-based paint from the exterior of homes and other structures. Typically, they perform only a cursory cleanup of the paint debris. Small paint chips and dust often are left on the ground where it can be eaten or inhaled by children playing in the area.

This practice constitutes open dumping and has long been prohibited by IDEM. State statutue 329 IAC 10-4-2 states that no person shall cause or allow the . . . disposal of solid waste in a manner which creates a threat to human health or the environment. The owner of the real estate has the responsibility to clean-up the open dump. And IDEM has the authority to order the owner of the real estate and any other responsible persons to clean it up.

IDEM recently applied its open dumping regulations as well as spill reporting and cleanup regulations to require the clean-up of lead-based paint at a home in Evansville. The paint was released when a contractor (who was not licensed by IDEM) water-blasted lead based paint onto soil around a home that was being sold as well as neighboring yard. And since the purpose of the cleanup was to remove a lead-based paint hazard, a licensed, lead-based abatement contractor was required to do the work.

The IKE Task Force believes that Indiana needs to:

Formalize the application of these rules to the release of lead-based paint around buildings from exterior renovation work.
Educate contractors, realtors and homeowners about their responsibilities.
Enforce the rules in a consistent manner with the support of local health departments and solid waste management districts.