WASHINGTON D.C.
The owner of a lead-based business Mohammad Sikder, 60, of Washington, D.C., plead guilty Thursday to two counts of violating the Toxic Substances Control Act, according to officials.
Sikder renovated a Washington, D.C., property without following lead-safe work practices and lead disclosure requirements, officials stated.
Sikder’s solely held company, District Properties LLC, also pleaded guilty to making false statements in 25 building permit applications to the District of Columbia Department of Consumer and Regulatory Affairs (DCRA).
These applications understated the age of the homes being renovated, with the intent to avoid regulatory scrutiny of inadequate lead-based paint safety measures at those properties.
Judge Amy Berman Jackson scheduled sentencing for Nov. 22.
Sikder is facing up to a year in prison
Sikder and the government will jointly recommend a $50,000 fine in addition to any prison time imposed.
The company has agreed to pay a $150,000 criminal fine and to put another $25,000 towards funding lead-based paint compliance training in the District of Columbia, Maryland, and Virginia.
“Lead poisoning is a major environmental health problem, and the deliberate actions taken by the defendant posed an unnecessary risk to his employees and the public at large,” said Assistant Attorney General Jeffrey Bossert Clark for the Justice Department’s Environment and Natural Resources Division. “The Department of Justice will not allow to go unchallenged such flagrant disregard for the rule of law and will continue to work with its partners to protect the health of communities here in Washington, D.C., and beyond.”
Lead poisoning continues to be a major environmental health problem in the United States, although it is completely preventable.
The most common source of childhood lead poisoning is lead-based paint in older homes, and the primary exposure pathway is ingestion of lead-contaminated dust. Lead is a toxic substance that can cause permanent damage, and is regulated under the Toxic Substances Control Act.
Under the Renovation, Repair and Painting Rule (RRP Rule), contractors performing renovation, repair and painting projects that disturb lead-based paint in homes, child care facilities, and schools built before 1978 must be certified and must follow specific work practices to prevent lead contamination.
According to a Statement of Offense filed along with the plea agreements, Sikder and District Properties LLC purchased and renovated a property in Washington, D.C., without following the requirements of the RRP Rule.
In 2014, the company submitted a building permit application to DCRA for addition, alteration, and repair of the property.
At Sikder’s instruction, the employee submitting the permit application, under the section of the application titled “Lead Abatement,” falsely indicated that the property was built after 1978.
During the summer and fall of 2014, a contractor conducted demolition at the property without following RRP Rule safe work practices. The demolition work included removing windows, removing interior and exterior painted surfaces, and removing floor and ceiling joists.
A Sept. 24, 2015, Occupational Safety and Health Administration inspection revealed multiple hazards, including the following:
(1) employees performing manual demolition on a wall surface that had paint containing lead
(2) the lack of an employee exposure assessment to determine actual employee exposure
(3) the lack of lead training to employees
(4) proper sanitation practices not being followed. Sampling analysis showed lead present on the dump truck and employees’ hands.
When the property was properly remediated and sold, Sikder and District Properties LLC did not provide the purchasers this information and with a report documenting the prior existence of lead-based paint at the property, according to authorities.
Between 2011 and 2017, District Properties LLC submitted 25 renovation permit applications for properties in Washington, D.C., on which the company falsely represented that the properties had been built after 1978, thereby circumventing additional permitting requirements and avoiding EPA oversight with respect to RRP Rule compliance, which would be triggered by an accurate permit application.