OT: Potentially In Need of a Lawyer? Lead Paint Issue

koleszar

Heisman
Jan 1, 2010
35,684
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At this point he was told he can not touch the property and has been told he has no authority to clean up the house, or any of the mess he made in other places. He claimed he had a certain level of lead certification, but apparently does not.

It all now rests on official lead testing, not just the at home kits we have been using. Then level of clean up is determined and we move forward.

I got some at home soil testing kits that I am going to use today, and I am interested in trying to test my eggs. The kids are getting mad that I have not let them eat the eggs from the yard this week.
Unfortunately, you're probably going to have to cull that whole flock. If there was as much lead flying around as you say, they definitely ate a lot of it and are still eating it. Lead will stick to everything. My Brahma's are considered a big bird and they only get to 10 lbs. so it doesn't take much.
 

GoodOl'Rutgers

Heisman
Sep 11, 2006
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I would imagine that all the neighbors with lead particles and paint all over their properties have now inherited responsibilities to abate that as well. If you do the wrong thing now.. maybe you will be accused of polluting as well.

Example: what if you started hosing down your house and property and teh runoff heads into teh street and into a storm drain. Are you legally responsible for doing that? I'd say yes. But what if it were a rain storm that did the same thing? Then the question might be whether you acted soon enough to remedy the danger.

Yeah.. as others have said.. reporting to proper authorities and following their instructions.. in writing hopefully.. would protect you... and an environmental lawyer.. I would hope some charitable orgs out there might have lawyers with teh right mindset on staff or accessibility. But you will have to protect yourself from what teh neighbor and contractor have done as well as what you are not responsible to do.

Not a lawyer.. not legal advice. But you are on teh right path in trying to think of everything involved.

Maybe Rutgers can help you out - link
 
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RU05

All-American
Jun 25, 2015
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Apparently there are different levels of lead certification. He did not have a certification for abatement of an entire house (which shows since he did not abatement).
Even the most basic understanding of lead should lead one to understand that it needs to be contained.

Maybe if they were from another country? But here in the US, I'd think it's pretty common knowledge.

Spewing lead tainted sanding residue into the air via a broken vacuum for anything longer then a couple seconds is legit criminal negligence.
 

Retired711

All-American
Nov 20, 2001
19,663
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EPA and DCA are two organizations working and taking up the issue.
That makes sense. DCA seems to be the state agency that deals with lead paint, probably because it is concerned with housing. U.S. EPA can back them up.
 
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greenknight

Heisman
Sep 1, 2001
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Side note it's going to become a larger and larger problem in the future when an old house needs to be renovated. It's why I don't do anything major unless the house is vacant.

No interest in dealing with these issues. Not a good combo when more and more people are too good to join the trades.
I'm in the electrical trade and you are right about one thing shortage of electricians...my customers are coming to me for help.
 

greenknight

Heisman
Sep 1, 2001
20,549
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Most people here are cheap. Yes, they would hire the low bid guy. I deal with this a decent amount as a GC. That's my frustration ITT. People want A level service at an F price. It doesn't work that way. As I have said like 5 times ITT. If that neighbor got a bid from an EPA certified contractor who knew how much he had to do to remove all that lead paint safely and properly, the guy would never have hired them. Tens of thousands of dollars that would cost.

You need to lay plastic, wet all the paint, dress all the guys up in PPE. make sure no paint chips go anywhere on the grass, have poles with plastic in place to prevent it from possibly blowing places, vacuum all your material afterwards...the amount of time you would spend just on prep alone its insane...the circus you have to perform to be compliant makes the job dead on arrival. I sat through a 6 hour class on this and decided I wanted no part of it because of the risk involved.

I am all for being safe so I don't want this misconstrued but the EPAs guidelines are putting people out of business in the name of safety. If you opened up a painting business and tried to win business doing this you would go under and quickly.
Never hire the low bid guy or the high bid guy go the middle route
 
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GoodOl'Rutgers

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Sep 11, 2006
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Grrr hate droid will spell check
Turned it off on my old pixel and now with iPhone... my texts get garbled at times but its better, IMHO, than a guess at proper spelling by the phone. Someone sees a gibberish word they can try to guess what I meant.. but if they see the wrong properly spelled word.. they might just accept the word and wonder what the whole text meant. On this board, I fight with Grammarly from my PC fairly often.
 

newell138

Heisman
Aug 1, 2001
35,731
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what kind of work were they doing that would make it snow lead paint chips?