Lead-contaminated soil refers to bare soil found on residential properties that contains lead at levels deemed hazardous to human health. These levels are established by the Environmental Protection Agency (EPA) under the Toxic Substances Control Act. Lead exposure can pose serious health risks, particularly to children, making it essential to identify and remediate contaminated soil.
This term is primarily used in environmental law and public health regulations. Legal practitioners may encounter lead-contaminated soil issues in cases involving property sales, environmental assessments, or health-related claims. Individuals can manage some aspects of lead contamination, such as testing and remediation, using legal templates from US Legal Forms, which are designed to help users navigate the relevant processes.
Here are a couple of examples of abatement:
Example 1: A family discovers that their backyard soil contains lead levels above the EPA's threshold during a property sale. They must disclose this information to potential buyers and may be required to remediate the soil before the sale can proceed.
Example 2: A local government conducts a public health assessment and finds lead-contaminated soil in a playground area, prompting immediate cleanup efforts to protect community health. (hypothetical example)
The primary statute governing lead-contaminated soil is the Toxic Substances Control Act (15 USCS § 2681). This law empowers the EPA to set standards for lead levels in soil and mandates actions to reduce lead exposure.
| State | Lead Level Threshold | Remediation Requirements |
|---|---|---|
| California | 80 parts per million (ppm) | Mandatory cleanup for residential areas. |
| New York | 400 ppm in bare soil | Remediation required for public spaces. |
| Texas | 400 ppm for residential properties | Voluntary cleanup programs available. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition |
|---|---|
| Lead Exposure | Contact with lead that can occur through various means, including contaminated soil. |
| Lead Abatement | The process of reducing or eliminating lead hazards, often through remediation of contaminated areas. |
| Lead Hazard | Any condition that can result in lead exposure, including lead-contaminated soil. |
If you suspect lead-contaminated soil on your property, consider the following steps:
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Lead-contaminated soil is soil that contains lead at levels harmful to human health, particularly on residential properties.