Friday, October 27, 2017

EPA Releases Lead Violations for Last Year

According to a recent EPA report, there were 127 federal enforcement actions completed over the last year to protect the public from exposure to lead in paint. Of these cases, 125 involved alleged noncompliance with at least one of the Agency’s lead-based paint requirements: the Toxic Substances Control Act (TSCA) Renovation, Repair and Painting (RRP) Rule, and Lead-based Paint Activities Rule; and the Lead Disclosure Rule pursuant to the Residential Lead-based Paint Hazard Reduction Act.

Below, we have listed the settlements for all of the lead paint violations. Collectively, these settlements obtained $1,046,891. The moral here is, it's not just a threat that the EPA can fine contractors $37,500 a day - it can and it does regularly fine big businesses and small businesses. And while the possibility of a fine should lead to proper certification, contractors have to remember, lead paint is a legitimately dangerous substance that can cause severe brain and nervous system damage, specially to children under the age of 6.

So, as we finish up Lead Week 2017, please make sure you certify your firm and make sure you take the right lead paint training, be it lead renovation, abatement, or inspection.

Criminal Prosecution

Maureen S. Walck (NY).  The real estate agent pled guilty to knowingly and willfully violating the Lead Disclosure Rule’s requirement to disclose lead-based paint information to a prospective home buyer, whose child was later diagnosed with lead poisoning.  Sentencing is pending.  The charge carries a maximum sentence of one year imprisonment and a $100,000 fine. 

Civil Judicial Consent Decree

Accolade Construction Group, Inc. (NY) agreed to disgorge $58,000 in profits gained from alleged noncompliant renovations; and to perform significant injunctive relief, subject to stipulated penalties.  The City of New York referred the case to EPA.  The company had failed to comply with an earlier administrative agreement governing its renovations. 

Notice of Determination

Estate of Anson Smith (MD).  The estate settled allegations of failure to disclose information about lead-based paint hazards in leases for nine properties, encompassing 62 rental units.  EPA determined that the violations merited a civil penalty of $1,402,006, but waived the penalty because the estate met all of the conditions of EPA’s self-disclosure policy and audit policy for new owners.

Civil Administrative Settlements

Settlements of $100,000 or More

  • Pike International, LLC, et al. (CT) settled, agreeing to perform an abatement SEP costing $109,246 and to pay a $12,139 penalty. The State of Connecticut referred this case to EPA.
  • Haven Homes, Inc. (CA) settled, agreeing to pay a $148,618 penalty to settle alleged Lead Disclosure Rule violations. 
  • Cityside Management Corp. (NH) agreed to pay a civil penalty of $145,346 to resolve alleged RRP Rule and Lead Disclosure Rule violations involving failure to comply with requirements for training, certification, disclosure and recordkeeping.

Settlements of $50,000 or More

  • 5 MF Holding LLC (CT) agreed to perform of an abatement SEP valued at $65,700, and to pay a $7,300 penalty to resolve alleged violations of the Lead Disclosure Rule. 
  • Brady Sullivan Millworks II, LLC, et al. (NH) paid a 90,461 penalty to settle alleged RRP and Lead Disclosure Rule violations.  Both the State of New Hampshire and the City of Manchester referred the case to EPA. 

Settlements of $40,000 or More

Settlements of $30,000 or More

Settlements of $20,000 or More

Settlements of $10,000 or More

Settlements Less than $10,000

Expedited Settlement Agreements

EPA entered into Expedited Settlement Agreements for alleged violations with the companies listed below.  These agreements allow violators to quickly resolve certain minor infractions with a reduced penalty, typically $2,000 or less. 

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