Representing Iowa, Kansas, Missouri, Nebraska, and nine Tribal Nations

LENEXA, KANSAS (January 8, 2020) — The US Environmental Protection Agency (EPA) finalized a settlement agreement with Selby Enterprises LLC of Moline, Illinois, for its alleged failure to provide proper lead-paint disclosure to tenants at two residential properties in Davenport, Iowa. Under the terms of the agreement, Selby Enterprises will pay a penalty of $1,503 and complete an environmentally-beneficial project for its violations of the Real Estate Notification and Disclosure Rules under the federal Toxic Substances Control Act.

The matter was referred to EPA by the Scott County (Iowa) Health Department. EPA’s investigation revealed that Selby Enterprises failed to comply with the regulatory requirements of the Disclosure Rule.

The company has also agreed to complete a project that includes abatement and clearance-testing of lead-based paint at a Davenport house built in 1905, through a certified lead-abatement contractor and risk-assessor at the cost of $14,250. The abatement contractor will replace 12 pre-1978, wooden windows that have deteriorating lead paint with Energy Star vinyl replacement windows.

The Disclosure Rule requires sellers and lessors of pre-1978 homes to provide prospective homebuyers and tenants with a federal brochure about lead-based paint, any information known about lead-based paint in the home, and a warning statement about the potential dangers of lead-based paint. This information helps families and individuals make informed housing-decisions to reduce their risk of exposure to lead-based paint and its hazards.

Lead poisoning of infants and children can cause lowered intelligence, reading and learning disabilities, impaired hearing, reduced attention-span, hyperactivity, and behavior problems. Adults with high lead-levels can suffer high blood-pressure, nerve disorders, memory problems, and muscle and joint pain. Pregnant women with high lead levels can pass lead to their unborn babies and suffer difficulties during pregnancy.

EPA has established the Federal Action Plan to Reduce Childhood Lead Exposures and Associated Health Impacts. This Action Plan is a blueprint for reducing lead exposure and associated harms through collaboration among federal agencies, states, tribes and local communities, and businesses, property owners, and parents. Enforcement matters such as this directly support the Action Plan.

Real Estate Disclosures About Potential Lead Hazards: https://www.epa.gov/lead/real-estate-disclosures-about-potential-lead-hazards

Federal Action Plan to Reduce Childhood Lead Exposures: https://www.epa.gov/lead/federal-action-plan-reduce-childhood-lead-exposure

Connect with EPA Region 7 on Facebook: www.facebook.com/eparegion7

Follow us on Twitter: @EPARegion7

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