Lead in Water and Paint: Understanding its Status as a Recognized Environmental Condition

Lead has been proven to be a hazardous substance! Why then is lead in drinking water and lead-based paint not considered a recognized environmental condition as defined by the 1527.

This exclusion applies to releases from products that are part of a building that result in exposure within that structure. To fall within this exclusion, the release must be from a product that is part of the structure AND result in exposure within the structure.

While lead is a hazardous substance, it is not always considered a “recognized environmental condition” as defined by ASTM E1527-13 for several reasons.

Firstly, the definition of a recognized environmental condition requires that the presence of the substance be both “out of regulatory compliance” and “reasonably expected to cause a material threat to human health or the environment.” In some cases, lead in water or paint may not exceed regulatory limits, or may be present at levels that are not expected to cause harm.

Secondly, the presence of lead in drinking water and paint may not always be viewed as a “condition” that requires remediation or disclosure. While lead is a concern, it may be considered a common issue in older buildings and infrastructure, and therefore may not meet the definition of a recognized environmental condition.

That being said, lead in drinking water and paint is still a serious concern, and property owners and managers have a responsibility to take appropriate measures to protect the health of those who may come into contact with it. This may include regular testing and treatment of water, or disclosure of known lead paint hazards. As a tutor, it is important to stress the importance of staying informed about potential hazards, and taking proactive steps to address them when appropriate.

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