EPA Releases March 22 Enforcement Wrap-Up

3/22/2002

From: Luke C. Hester of the U.S. Environmental Protection Agency, 202-564-7818; e-mail: hester.luke@epa.gov

WASHINGTON, March 22 -- Following is the U.S. Environmental Protection Agency's latest enforcement wrap-up (see appropriate contact below):

LANDLORD SENTENCED FOR LYING ABOUT LEAD PAINT HAZARDS

Contact: Luke C. Hester 202-564-7818 / hester.luke@epa.gov

In the first criminal case in the United States involving a violation of the Lead Hazard Reduction Act, David D. Nuyen of Silver Spring, Md., was sentenced to serve two years in prison and was ordered to pay a $50,000 fine. Nuyen is a landlord and proprietor of approximately 15 low-income rental properties in the District of Columbia and Maryland.

Nuyen previously pleaded guilty to making false statements to obstruct a federal investigation and violating the Lead Hazard Reduction Act. Nuyen admitted in his plea that even though he had been informed that there were lead paint hazards in one of his buildings, he failed to notify tenants. In addition, he obstructed an investigation by the Department of Housing and Urban Development (HUD) by presenting HUD with falsified forms that purported to show that he had notified his tenants of the potential for lead hazards when they moved into their apartments. In reality, he had not notified his tenants. Exposure to lead paint dust can cause a variety of illnesses, including neurological disorders.

As part of his guilty plea, Nuyen provided all tenants with new notices about lead paint assessments performed by an independent contractor. The case was investigated by EPA's Criminal Investigation Division, HUD and the FBI. It was prosecuted by the Environmental Crimes Section of the Department of Justice and the U.S. Attorney's offices in Greenbelt, Md., and Washington, D.C.

MAINE CONCRETE COMPANY, PRESIDENT SENTENCED

Durastone Inc., of Portland Maine, and its President and Treasurer, James R. Duhamel, pleaded guilty on March 12 to violating the Clean Water Act. Pursuant to its plea, Durastone was ordered to pay $19,705.35 to the Maine Hazardous Waste fund and was also ordered to pay a fine of $116,500 to the U.S. Government. The company also will serve four years of probation. As part of the sentence, Durastone was required to place an advertisement concerning its offense in several trade journals and institute an environmental compliance program. Duhamel was fined $2,500 and sentenced to two years probation.

Durastone manufactures preformed concrete structures. During the manufacturing process, the surface of the structures is etched with a hydrochloric acid solution to provide a rough, slip-resistant surface. From approximately 1993 until late 1999, over 59 tons of used acid were flushed from concrete structures manufactured at Durastone's facility and either allowed to stand on the ground or be washed into a wetland and stream area through a system of pipes. The discharge of waste acid into surface waters can be harmful to fish and aquatic life and can make surface waters unfit for recreation and drinking. The case was investigated by EPA's Criminal Investigation Division and was prosecuted by the U.S. Attorney's office in Portland.

EPA SCIENTIST ELECTED TO LEADERSHIP POSITION FOR SOCIETY OF TOXICOLOGY David Deegan 202-564-7839 / deegan.dave@epa.gov

Dr. Linda S. Birnbaum, an internationally renowned EPA scientist, has been named vice president-elect of the Society of Toxicology, and through succession will serve as the association's president in two years.

The Society of Toxicology, the largest international association of toxicologists with more than 5,000 members from nearly 50 different countries, contains members from academic institutions, industry and government. Birnbaum is believed to be the first EPA scientist to serve as an officer in the society. Birnbaum has worked at EPA's Office of Research and Development since 1989 as Director of the Experimental Toxicology Division in the National Health and Environmental Effects Research Laboratory, located at Research Triangle Park, N.C. Prior to that, she worked at the National Institutes of Environmental Health Sciences and National Toxicology Program, also in Research Triangle Park, between 1979-89. She is an adjunct professor in the School of Public Health and Curriculum in Toxicology at the University of North Carolina at Chapel Hill and Duke University's Integrated Toxicology Program. Birnbaum has published more than 260 peer-reviewed articles.