Laserfiche WebLink
ESG activities are subject to environmental review by HUD under the environmental regulations in 24 CFR Part <br />50. The SUBRECIPIENT, or any contractor of the SUBRECIPIENT, may not acquire, rehabilitate, convert, lease, <br />repair, dispose of demolish, or construct property for a project under this part, or commit or expend HUD or local <br />funds for eligible activities under this part, until HUD has performed an environmental review under 24 CFR part <br />50 and the recipient has received HUD approval of the property. <br />The SUBRECIPIENT agrees to comply with all applicable environmental requirements insofar as they apply to <br />the performance of this AGREEMENT, including but not limited to the Clean Air Act, the Federal Water <br />Pollution Control Act and the Flood Disaster Protection Act. If applicable, the SUBRECIPIENT also shall comply <br />with the Historic Preservation requirements of National Historic Preservation Act of 1966. <br />B. Lead -based paint remediation and disclosure <br />The Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead -Based Paint <br />Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing regulations in 24 CFR part 35, subparts <br />A, B, H, J, K, M, and R apply to all shelters assisted under ESG program and all housing occupied by program <br />participants that were built before 1978. <br />C. Assignment of Responsibilities <br />By this AGREEMENT, the SUBRECIPIENT will accept assignment from the CITY of all responsibilities set <br />forth in Subpart K of 24 CFR 35. <br />D. Compliance with Subpart K <br />The purpose of Subpart K is to establish procedures to eliminate as far as practicable lead -based paint ("LBP") <br />hazards in a residential property that receives Federal assistance under certain HUD programs for acquisition, <br />leasing, support services, or operation. In connection with the grant funds under this AGREEMENT, the CITY <br />requires that the SUBRECIPIENT comply and show evidence of compliance with all applicable subparts of 24 <br />CPR 35, and especially, Subpart K ("LBP Regs"). <br />The SUBRECIPIENT shall conduct the following activities for the dwelling unit, common areas servicing the <br />dwelling unit, and the exterior surfaces of the building in which the dwelling unit is located: <br />(1) A visual assessment of all painted surfaces in order to identify deteriorated paint; <br />(2) Paint stabilization of each deteriorated paint surface, and clearance, in accordance with 24 CFR §§ <br />35.1330(a) and (b), before occupancy of a vacant dwelling unit or, where a unit is occupied, <br />immediately after receipt of Federal assistance; and <br />(3) Ongoing lead -based paint maintenance activities into regular building operations, in accordance with 24 <br />CFR § 35,1355(a), if the dwelling unit has a continuing, active financial relationship with a Federal <br />housing assistance program, except that mortgage insurance or loan guarantees are not considered to <br />constitute an active programmatic relationship for the purposes of this part. <br />(4) And, notice to occupants in accordance with 24 CFR §§ 35.125(b)(1) and (c), describing the results of the <br />clearance examination. <br />E. Notification of LBP Hazard <br />The SUBRECIPIENT shall provide to all occupants of housing: <br />