Don’t Make a Mess!

Thanks to the efforts to Jodi Murtha, an Evansville mom with a lead poisoned child, IDEM has taken an innovative approach to protecting children from lead poisoning in their yard. Citing its prohibition on open dumping, IDEM essentially said to all homeowners and property owners that they need to clean up their messes when they complete renovation and remodeling work. And the best way to avoid problems is to avoid making a mess in the first place. Not tough to do if you plan ahead and use plastic sheeting to capture the water and debris.

A realtor for Jodi’s neighbor hired a contractor who water- blasted paint from the side of a garage to prepare it for sale. Jodi demanded that the realtor and the contractor cleanup the lead-based paint from her property. After getting a cold shoulder, IDEM stepped in and ordered the cleanup of paint chips as well as 2” of soil from her property. And since the paint contained lead and the renovation was over, a licensed abatement contractor was required to conduct the cleanup.

If the work had been done promptly as part of the renovation, an abatement contractor would not have been required. And only a visual assessment that no paint chips remain would have sufficed.

Since the decision involves a complex mix of air, water, and land quality rules, IKE has asked IDEM to formally issue a non-rule policy document explaining how it will enforce the requirements.

Key points in the decision are:

• Paint debris must not be allowed on soil, concrete or other surfaces when the work is completed. If the chips are on soil or grass, the cleanup requirements are more complicated.
• If the paint contains lead (which is likely in a home built before 1978), it must be cleaned up to protect children in the neighborhood.
• After the clean-up, no visible paint is allowed on the ground. In soil, a sample may be required and lead levels must be below 400 ug/g.
• A licensed lead inspector or risk assessor are the only ones allowed to take samples, and, if cleanup is required, a licensed abatement contractor (or, in limited circumstances, the homeowner) must do the cleanup.
• Future tenants and buyers of the home must be notified of the results of the cleanup—even if an all clear is given.

Contact IKE’s Tom Neltner at 317-442-3973 for more details.