The U.S. Environmental Protection Agency is accusing a developer for not properly disposing of lead-based paint at eight south St. Louis homes and claims he likely exposed the public to the hazardous material at another 57 local properties.
In a lawsuit filed Friday, the EPA alleges that Orlando Askins, of California, and two of his companies, The Askins Development Group and Shaw Holding Group, are not certified to renovate properties with lead-based paint. But the companies still performed the work on the St. Louis homes, and did so incorrectly, from 2015 through March of this year, according to the lawsuit filed in federal court in St. Louis. The eight homes are scattered among Benton Park, Benton Park West, Shaw, Marine Villa, Gravois Park and Fox Park.
The EPA had previously cited Askins for not being certified and offered to assist him and his companies to comply, the agency said in court documents. But Askins stopped cooperating and likely exposed the public to lead at 57 other properties in the St. Louis area that his companies have worked on. The lawsuit does not detail the locations of those properties.
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In addition to the lawsuit, the EPA is asking the court for an injunction to stop Askins from working further.
Askins told the Post-Dispatch on Friday that he was not aware of the suit but argued that he is certified to dispose of lead.
鈥淚鈥檓 just a small-time developer,鈥 Askins said. 鈥淚t feels like they鈥檙e picking on a little guy.鈥
Exposure to lead can lead to behavioral and learning problems, as well as slowed growth, in children. Pregnant women exposed to lead can be at risk for premature births or miscarriages, among other issues. Other adults can face cardiovascular disease and reproductive issues, according to the EPA.
The federal government didn鈥檛 ban lead-based paint until 1978. Today, companies and individuals have to be certified in lead mitigation before they can work on homes built before 1978. The EPA on its website says people are usually safe if the contaminated paint is under layers of new paint. But paint that is deteriorating, such as through peeling and chipping, is hazardous.
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Houses built before 1940 have an 87% likelihood of containing lead-based paint. The eight properties listed in the EPA鈥檚 lawsuit were built between 1884 and 1917.
In the lawsuit, the EPA says its inspectors observed open windows and doors during renovations, 鈥渧isible dust clouds鈥 flowing from work areas, and paint chips and other debris on the ground, which was not covered.
In 2016, neighbors in the 3400 block of Missouri Avenue in Marine Villa filed complaints about lead exposure with the EPA and city of St. Louis over a renovation Askins and his company performed.
Records with the Citizens鈥 Service Bureau show that St. Louis officials issued a 鈥渟top-work order鈥 because workers could not provide proof of a permit when a Building Division inspector visited. It鈥檚 not clear from the records what type of permit the city required.
The EPA says in court documents that it offered to settle with Askins Development at the time. But Askins stopped cooperating and the EPA later issued a $42,000 penalty against the company, which it has not yet paid, according to the lawsuit.
Four of the houses listed in the lawsuit are now owned by individuals. Askins or his companies own the others.
Askins Development in 2022 submitted a 鈥渘otice of winding up鈥 to the state of Missouri, stating in filings that it was closing because of a lack of business. But the EPA alleges the company still operates and maintains a website advertising its services as a contractor.
In court documents, the agency alleges that a man listed as the registered agent for at least 35 companies tied to Askins denied knowing his name had been used. The EPA also alleges that those 35 companies were organized under Askins鈥 name or that of his sister or someone else.
Askins told the Post-Dispatch on Friday that he doesn鈥檛 know why the agency singled him out since he worked with investors on home renovations. He also said he鈥檚 never had legal issues before. He declined to comment further, saying he wanted to speak with his lawyer.
U.S. Vice President Kamala Harris announced the Biden administration's plan to remove the lead pipe and paint from homes over the next 10 years using new funds from the bipartisan infrastructure bill. The action plan outlined by Harris during a speech to the AFL-CIO, laid out the initiative that would remove aging lead pipes and paint from communities that have "historically been left out and left behind." "Here's the truth. And it's a hard truth: Millions of people in our country, many of them children, are still exposed to lead every day," Harris said. Harris said it is the fear of many parents "that every time they turned on the faucet to give their child a glass of water that they may be filling that glass with poison." The Environmental Protection Agency is taking steps to tighten rules for allowable levels of lead in drinking water, as the Biden administration looks to replace all of the nation's lead service lines.