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Enforcement

K&D Landscaping and Construction Information Sheet

Overview of Company and Location

K&D Landscaping and Construction (the Company) is located in Cazenovia, New York.  The settlement involves renovation activities conducted at property constructed prior to 1978, located in Rochester, New York.

Violations 

The settlement resolves alleged violation of the Toxic Substances Control Act (TSCA), and the Renovation, Repair and Painting Rule (RRP Rule), 40 C.F.R. Part 745, Subpart E.  In the settlement, the United States alleges that the Company failed to comply with the requirement to:

  • Obtain initial firm certification.

Pollutant Reductions

It is expected that potential lead exposures and environmental contamination will be significantly reduced because the Company has taken prompt steps to come into compliance with the enforcement order.

Health and Environmental Effects

Lead exposure affects the nervous system and can cause a range of health effects, from behavioral problems and learning disabilities, to seizures and death. Children six years old and younger are most at risk. If not detected early, children with high levels of lead in their bodies can suffer from:

  • Damage to the brain and nervous system
  • Behavior and learning problems, such as hyperactivity
  • Slowed growth
  • Hearing problems
  • Headaches
  • Anemia
  • In rare cases of acute lead poisoning from ingestion of lead, seizures, coma and even death.

Lead can accumulate in our bodies over time, where it is stored in bones along with calcium. During pregnancy, lead is released from bones as maternal calcium is used to help form the bones of the fetus. This is particularly true if a woman does not have enough dietary calcium. Lead can also be easily circulated from the mother's blood stream through the placenta to the fetus. Mothers with high levels of lead in their bodies can expose their developing fetuses, resulting in serious and developmental problems including:

  • Miscarriages,
  • Premature births or low birth weight,
  • Brain damage, decreased mental abilities and learning difficulties, and/or
  • Reduced growth in young children.

Civil Penalty

The settlement requires the Company to pay a civil penalty of $200.  The penalty was reduced because the Company qualified as a micro-business under the penalty program for micro-businesses.