UPDATE: 2024. The Judge, unfortunately, listened to the paint manufacturers’ recommendations on lead abatement, not the industry standards or the CDPH lead paint standards. So, the money went to a program named “Fix Lead SF”. As far as we can tell, the money is now gone. The restrictions the Judge placed on the use of the money means that many children are still exposed to lead based paint.
This lawsuit – County of Santa Clara, et al. v. Atlantic Richfield Company, et al., – went on for 20+ long years.
Finally, a $1.15B verdict was awarded to the nine Bay Area Counties to clean up the toxic lead-based paint. This amount was reduced to $305M. And uninformed restrictions were placed on that money. It is unfortunate the Judge in the case chose not to consult with the Califonria Department of Health on the lead standards for children.
Cleaning up lead-based paint dust to protect health is complicated. The outside of the building is usually covered with lead-based paint. Sometimes that paint has chipped off the walls contaminating the dirt next to the building. Both the exterior walls, trim, porch, etc., and the soil need to be abated. The word “abated” has a special meaning in regards to lead-based paint:
The Judge limited each unit’s lead removal efforts to $140. A trained, licensed, and insured lead abatement contractor can’t afford to send a crew out for $140, let alone do any work. So, that leaves this entire project in the hands of untrained, unlicensed, and uninsured workers to perform their best guess as to how to fix the problem. With no lead-based paint clearance testing following their efforts. Surely not the outcome that will do much good for families impacted by lead-based paints.
“…buyers and renters of housing built prior to 1978 receive certain information about lead and lead hazards in the residence prior to becoming obligated to buy or rent…..” – Lead-based Paint Disclosure Rule (Section 1018 of Title X) – EPA
The Judge chose to exclude all homes built before 1950. Don’t be
The Judge chose to exclude all exteriors and soil. Paint dust falls into the soil next to buildings with lead-based paint. Children play in the dirt and lick their hands. Lead is sweet. Children will continue to lick and eat dirt that is sweet. That’s why it is important to fix this problem to avoid damage to children.
The Judge chose to exclude all schools and businesses like pre-schools.
For Renters:
Part of Title X requires landlords to provide a pamphlet entitled Protect Your Family From Lead In Your Home. This document is from EPA and required by HUD. This pamphlet is available in all languages. The landlords are required to know about the problem; often the landlords don’t know if a door, window, garden, or porch have lead-based paint, until it’s too late.
As a renter your options to control lead dust are limited. Daily cleanup works. How to Clean Up Lead Dust
For Homeowners:
When you purchased your home, it came with disclosures. Again, the Sellers may not have known lead-based paint was present. Assume lead-based paints are present until professional testing shows the absence of lead-based paints above the threshold limits.
EPA’s pamphlet Protect Your Family From Lead in Your Home