Lead Renovation - Repair and Painting Rule
(WASHINGTON - November 14, 2012) – The U.S. Environmental Protection Agency (EPA) announced 16 enforcement actions for violations of the Lead Renovation, Repair and Painting Rule (RRP). The RRP rule requires the use of lead-safe work practices to ensure that common renovation activities like sanding, cutting and demolition, which can create hazardous lead dust, are conducted properly by trained and certified contractors or individuals.
On this page:
- Kindred Painting, LLC Settlement
- Universal Remodeling and Building, LLC Settlement
- DiGiorgi Roofing and Siding Settlement
- Collegiate Entrepreneurs Complaint
- Exterior Images Settlement
- Dasa Properties Settlement
- Leanza Painting Contractors, Inc.
- Mac Stringer Painting and Staining Settlement
- PZ Painting Complaint
- Hometown Painting, Inc. Settlement
- Alliance Contracting & Design Settlement
- Scheffler Painting Settlement
- Spartan Painting Settlement
- Wildwood Apartments Settlement
- Sunshine Home Improvement, LLC Settlement
- Kachina Contractor Solutions, LLC Complaint
- Contact
Overview of Kindred Painting, LLC
Kindred Painting, LLC is a residential renovation and remodeling company located in Dover, NH. The settlement involves a residential renovation project conducted at one property located in Exeter, NH during July 2012. The property was constructed prior to 1978.
Violations
The final order (PDF) 9pp, 535K, About PDF) settles alleged violations of the Toxic Substances Control Act (“TSCA”), the Residential Lead-Based Paint Hazard Reduction Act, and the Renovation, Repair and Painting Rule (“RRP Rule”), 40 C.F.R. Part 745, Subpart E. The order alleges the following RRP Rule violations:
- Failure to Obtain Firm Certification. The United States alleges that Kindred Painting violated the Renovation, Repair, and Painting Rule by failing to obtain firm certification from EPA prior to performing, or offering to perform, renovation activities in housing constructed prior to 1978.
- Failure to Comply with Training Requirements. The United States alleges that Kindred Painting violated the Renovation, Repair and Painting Rule by failing to obtain training course completion certification.
- Failure to Comply with Work Practice Standards. The United States alleges that Kindred Painting violated the Renovation, Repair, and Painting Rule by: (1) failing to post signs clearly defining the work area and warning occupants and other persons not involved in renovation activities to remain outside of the work area; (2) falling to using prohibit the use of machines designed to remove paint or other surface coatings through high speed operation such as sanding, grinding, power planing, needle gun, abrasive blasting, or sandblasting without HEPA vacuum attachments, and: (3) failing to contain waste from renovation activities to prevent releases of dust and debris before the waste is removed from the work area for storage or disposal.
Pollutant Reductions
It is expected that potential lead exposures and environmental contamination will be significantly reduced because Kindred Painting has certified that it has corrected all violations and is in full compliance with the RRP Rule including obtaining renovator and firm certification and training prior to performing additional regulated activities.
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 stores 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
Kindred Painting will pay a penalty of $2,730 pursuant to the Pilot RRP Penalty Program for Micro-Businesses. Under the Micro-Business pilot, significantly reduced penalties are offered to respondents who have annual sales or gross pre-tax revenue of $300,000 or less.
Overview of Universal Remodeling and Building, LLC
Universal Remodeling and Building, LLC is a residential renovation and remodeling company located in Stratford, CT. The settlement involves a residential renovation project conducted at one property located in Stratford, CT during July and August of 2011. The property was constructed prior to 1978.
Violations
The final agreement (PDF) (5pp, 298K, About PDF) settles alleged violations of the Toxic Substances Control Act (“TSCA”), the Residential Lead-Based Paint Hazard Reduction Act, and the Renovation, Repair and Painting Rule (“RRP Rule”), 40 C.F.R. Part 745, Subpart E. The agreement alleges the following RRP Rule violations:
- Failure to Obtain Firm Certification. The United States alleges that Universal Remodeling violated the Renovation, Repair, and Painting Rule by failing to obtain firm certification from EPA prior to performing, or offering to perform, renovation activities in housing constructed prior to 1978.
- Failure to Comply with Training Requirements. The United States alleges that Universal Remodeling violated the Renovation, Repair and Painting Rule by failing to obtain training course completion certification.
- Failure to Comply with Work Practice Standards. The United States alleges that Universal Remodeling violated the Renovation, Repair, and Painting Rule by failing to contain the work area by covering the ground with plastic sheeting or other disposable impermeable material.
Pollutant Reductions
It is expected that potential lead exposures and environmental contamination will be significantly reduced because Universal Remodeling has certified that it has corrected all violations and is in full compliance with the RRP Rule including obtaining renovator and firm certification and training prior to performing additional regulated activities.
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 stores 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
Universal Remodeling will pay a penalty of $1,600 pursuant to the Pilot RRP Penalty Program for Micro-Businesses. Under the Micro-Business pilot, significantly reduced penalties are offered to respondents who have annual sales or gross pre-tax revenue of $300,000 or less.
Overview of DiGiorgi Roofing and Siding, Inc.
DiGiorgi Roofing and Siding, Inc. is a building contractor that specializes in roofing, siding, window replacement and remodeling projects with its main office located in Beacon Falls, CT. The settlement involves residential window and door renovation projects conducted at six different properties in Connecticut between July 2010 and June 2011. Each of the properties was constructed prior to 1978.
Violations
The complaint and final order (CAFO) (PDF) (11pp, 298K, About PDF) settles alleged violations of the Toxic Substances Control Act (“TSCA”), the Residential Lead-Based Paint Hazard Reduction Act, and the Renovation, Repair and Painting Rule (“RRP Rule”), 40 C.F.R. Part 745, Subpart E. The CAFO alleges the following RRP Rule violations:
- Failure to Provide Lead Hazard Information Pamphlet to the Property Owners. The United States alleges that DiGiorgi Roofing violated the Renovation, Repair and Painting Rule by failing to provide a copy of the “Renovate Right” pamphlet to three property owners prior to commencing renovation activities.
- Failure to Establish and Maintain Records. The Unites States alleges that DiGiorgi violated the Renovation, Repair, and Painting Rule by failing to establish and maintain records, including the certified renovator’s training certificate, certifying that a certified renovator was assigned to the projects, provided on-the-job training to individuals used on the project, directed these individuals performing the renovation to comply with the required work practice standards and performed the post-renovation cleaning verifications required by the RRP rule.
Pollutant Reductions
DiGiorgi Roofing and Siding has made prompt efforts to come into compliance with the information distribution requirements of RRP and the recordkeeping and reporting requirements of RRP. This will assure property owners and agencies enforcing the RRP Rule that painting and renovation activies have been conducted as required by the RRP regulations.
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 stores 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
DiGiorgi Roofing and Siding will pay a penalty of $23,600 (plus interest) in four installments over a four month period. Final order
Overview of Collegiate Entrepreneurs, Inc.
Collegiate Entrepreneurs, Inc. is a residential painting company with an office located in Braintree, MA. The case involves residential renovation projects conducted at 82 different properties in New England communities between May 2009 and July 2010. Each of the properties was constructed prior to 1978.
Violations
The complaint (PDF) (29 pp, 1M, About PDF) alleges violations of the Toxic Substances Control Act (“TSCA”), the Residential Lead-Based Paint Hazard Reduction Act, and the Renovation, Repair and Painting Rule (“RRP Rule”), 40 C.F.R. Part 745, Subpart E. The Complaint alleges the following RRP Rule violations:
- Failure to Provide Lead Hazard Information Pamphlet to the Property Owners. The United States alleges that Collegiate Entrepreneurs violated the Renovation, Repair and Painting Rule by failing to provide a copy of the “Renovate Right” pamphlet to 75 property owners prior to commencing renovation activities.
- Failure to Establish and Maintain Records. The Unites States alleges that Collegiate Entrepreneurs violated the Renovation, Repair, and Painting Rule by failing to establish and maintain records certifying that the required work practices were conducted in compliance with the RRP rule and that a certified renovator provided on-the-job training to individuals used on the project, directed these individuals performing the renovation to comply with the required work practice standards, and performed the post-renovation cleaning verification required by the RRP rule.
Pollutant Reductions
This enforcement action is expected to increase awareness of the RRP Rule requirements among the public and regulated community, contributing to a significant reduction in lead exposure.
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 stores 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 Complaint seeks a statutory maximum penalty of up to $37,500 for each of the 101 alleged violations.
Overview of Exterior Images
Mark A. DiMinico, doing business as Exterior Images, provides interior and exterior painting services in Derry, New Hampshire. The settlement involves a renovation project conducted at an apartment building located in Derry, New Hampshire during the spring of 2012. The property was constructed prior to 1978.
Violations
The final order (PDF) (3 pp, 296KB, About PDF) settles alleged violations of the Toxic Substances Control Act (“TSCA”), the Residential Lead-Based Paint Hazard Reduction Act, and the Renovation, Repair and Painting Rule (“RRP Rule”), 40 C.F.R. Part 745, Subpart E. The order alleges the following RRP Rule violations:
- Failure to Provide Lead Hazard Information Pamphlet to the Property Owners. The United States alleges that Exterior Images violated the Renovation, Repair and Painting Rule by failing to provide a copy of the “Renovate Right” pamphlet to three property owners prior to commencing renovation activities.
- Failure to Comply with Work Practice Standards. The United States alleges that Exterior Images violated the Renovation, Repair, and Painting Rule by: (1) failing to post signs clearly defining the work area and warning occupants and other persons not involved in renovation activities to remain outside of the work area; (2) failing to properly cover the ground with plastic sheeting or other disposable impermeable material; and (3) failing to contain waste from renovation activities to prevent the release of dust and debris.
Pollutant Reductions
It is expected that potential lead exposures and environmental contamination will be significantly reduced because Exterior Images has certified that it has corrected all violations and is in full compliance with the RRP Rule including important rule changes that became effective April 2010 and August 2011. Specifically, Exterior Images will no longer mistakenly allow owners to “opt-out” of the rule’s requirements.
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 stores 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
Exterior Images will pay a penalty of $1,408 pursuant to the Pilot RRP Penalty Program for Micro-Businesses. Under the Micro-Business pilot, significantly reduced penalties are offered to respondents who have annual sales or gross pre-tax revenue of $300,000 or less.
Overview of Dasa Properties, LLC
Dasa Properties, LLC is a property management company with its main office located in Buffalo, NY. The settlement involves residential renovation or repair projects conducted at four different properties located in Buffalo, NY during December 2010 and January 2011. Each of the properties was constructed prior to 1978.
Violations
The Expedited Settlement Agreement (“ESA”) and Final Order (PDF) (6 pp, 219KB, About PDF) settles alleged violations of the Toxic Substances Control Act (“TSCA”), the Residential Lead-Based Paint Hazard Reduction Act, and the Renovation, Repair and Painting Rule (“RRP Rule”), 40 C.F.R. Part 745, Subpart E. The ESA alleges the following RRP Rule violations:
- Failure to Obtain Firm Certification. The United States alleges that Dasa Properties violated the Renovation, Repair, and Painting Rule by failing to obtain firm certification from EPA prior to performing, or offering to perform, renovation activities in housing constructed prior to 1978.
- Failure to Provide Lead Hazard Information Pamphlet to the Property Owners. The United States alleges that Dasa Properties violated the Renovation, Repair and Painting Rule by failing to provide a copy of the “Renovate Right” pamphlet to each of the four property owners prior to commencing renovation activities.
- Failure to Establish and Maintain Records. The Unites States alleges that Dasa Properties violated the Renovation, Repair, and Painting Rule by failing to establish and maintain records certifying that a certified renovator was assigned to the project, provided on-the-job training to individuals used on the project, and directed these individuals performing the renovation to comply with the work practice standards required by the RRP rule.
Pollutant Reductions
It is expected that potential lead exposures and environmental contamination will be significantly reduced because Dasa Properties has applied for firm certification from EPA, has certified renovators on staff, has held internal trainings for non-certified workers, and has changed its practices in order to maintain the requisite records required by the RRP rule.
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 stores 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
Dasa Properties will pay a penalty of $1,800 pursuant to the Lead-based Paint Expedited Settlement Agreement Pilot Program. Under the ESA pilot, significantly reduced penalties are offered to respondents in order to facilitate quick settlement. Dasa Properties’ penalty was further reduced because it provided documentation that demonstrated it qualified as a micro-business under the ESA pilot.
Overview of Leanza Painting Contractors, Inc.
Leanza Painting Contractors, Inc. is a contracting firm located in Morristown, New Jersey that specializes in interior and exterior painting projects. The settlement involves an exterior renovation project performed in 2011 on a residence in Morristown, New Jersey. The residence was constructed prior to 1978.
Violations
The Consent Agreement and Final Order (“CAFO”)(PDF) (12 pp, 132KB, About PDF) settles alleged violations of the Toxic Substances Control Act (“TSCA”), the Residential Lead-Based Paint Hazard Reduction Act, and the Renovation, Repair and Painting Rule (“RRP Rule”), 40 C.F.R. Part 745, Subpart E. The CAFO alleges the following RRP Rule violations:
- Failure to Obtain Firm Certification. The United States alleges that Leanza violated the Renovation, Repair, and Painting Rule by failing to obtain firm certification from EPA prior to performing, or offering to perform, renovation activities in housing constructed prior to 1978.
- Failure to Ensure All Individuals Performing the Renovation Were Certified or Trained. The United States alleges that Leanza violated the Renovation, Repair, and Painting Rule by failing to ensure that all of the individuals performing the renovation were certified by EPA or had been trained by a certified renovator.
- Failure to Ensure that a Certified Renovator was Assigned. The United States alleges that Leanza violated the Renovation, Repair, and Painting Rule by failing to ensure that a certified renovator was assigned to the renovation project.
- Failure to Document Delivery of the Lead Hazard Information Pamphlet to the Property Owner. The United States alleges that Leanza violated the Renovation, Repair and Painting Rule by failing to document that it provided a copy of the “Renovate Right” pamphlet to the property owner prior to commencing renovation activities.
Pollutant Reductions
It is expected that potential lead exposures and environmental contamination will be significantly reduced because Leanza Painting Contractors, Inc. has obtained firm certification. Additionally, Mr. Leanza has completed training to become an EPA Certified Renovator and is therefore now properly trained to conduct renovation work in pre-1978 housing which may contain lead-based paint.
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 stores 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
Leanza will pay a penalty of $1,480 pursuant to the Pilot RRP Penalty Program for Micro-Businesses. Under the Micro-Business pilot, significantly reduced penalties are offered to respondents who have annual sales or gross pre-tax revenue of $300,000 or less.
Overview of Mac Stringer Painting and Staining
Mac Stringer Painting and Staining (“Mac Stringer”) is an EPA-certified firm located in western New York State. The settlement involves residential renovation or repair projects conducted at three different properties located in western New York State between July 2010 and August 2010. Each of the properties was constructed prior to 1978.
Violations
The Expedited Settlement Agreement (“ESA”) and Final Order (6 pp, 245KB, About PDF) settles alleged violations of the Toxic Substances Control Act (“TSCA”), the Residential Lead-Based Paint Hazard Reduction Act, and the Renovation, Repair and Painting Rule (“RRP Rule”), 40 C.F.R. Part 745, Subpart E. The ESA alleges the following RRP Rule violations:
- Failure to Document Delivery of the Lead Hazard Information Pamphlet to the Property Owners. The United States alleges that Mac Stringer violated the Renovation, Repair and Painting Rule by failing to document that it provided a copy of the “Renovate Right” pamphlet to two of the property owners prior to commencing renovation activities.
- Failure to Establish and Maintain Records. The Unites States alleges that Mac Stringer violated the Renovation, Repair, and Painting Rule by failing to establish and maintain records certifying that the work practice standards required by the RRP Rule were complied with at each of the three properties.
Pollutant Reductions
It is expected that potential lead exposures and environmental contamination will be significantly reduced because Mac Stringer has advised EPA that the firm will no longer engage in renovations in target housing where the components that may be affected by renovation activities have tested positive for lead.
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 stores 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
Mac Stinger will pay a penalty of $5,000 pursuant to the Lead-based Paint Expedited Settlement Agreement Pilot Program. Under the ESA pilot, significantly reduced penalties are offered to respondents in order to facilitate quick settlement.
Overview of PZ Painting Complaint
PZ Painting is a home renovation company located in Springfield, New Jersey. The complaint alleges violations stemming from an exterior renovation project performed in June of 2012 on a residence in Springfield, New Jersey. The residence was constructed prior to 1978.
Violations
The complaint (PDF)(6 pp, 245KB, About PDF) alleges violations of the Toxic Substances Control Act (“TSCA”), the Residential Lead-Based Paint Hazard Reduction Act, and the Renovation, Repair and Painting Rule (“RRP Rule”), 40 C.F.R. Part 745, Subpart E. The Complaint alleges the following RRP Rule violations:
- Failure to Obtain Firm Certification. The United States alleges that PZ Painting violated the Renovation, Repair, and Painting Rule by failing to obtain firm certification from EPA prior to performing, or offering to perform, renovation activities in housing constructed prior to 1978.
- Failure to Distribute the Lead Hazard Information Pamphlet to the Property Owner. The United States alleges that PZ Painting violated the Renovation, Repair and Painting Rule by failing to distribute a copy of the “Renovate Right” pamphlet to the property owner prior to commencing renovation activities.
Pollutant Reductions
This enforcement action is expected to increase awareness of the RRP Rule requirements among the public and regulated community, contributing to a significant reduction in lead exposure.
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 stores 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 Complaint included a proposed penalty of $23,800.
Overview of Hometown Painting, Inc. Settlement
Hometown Painting, Inc., a corporation located in Warrenville, Illinois, conducts interior and exterior renovation, repair, painting and remodeling work. The settlement involves work performed on a house in Batavia, Illinois in May 2010. The property was constructed prior to 1978; and a child under six years of age resided in the property.
Violations
The Consent Agreement and Final Order (“CAFO”)(PDF) (16 pp, 1MB, About PDF) settles alleged violations of the Toxic Substances Control Act (“TSCA”), the Residential Lead-Based Paint Hazard Reduction Act, and the Renovation, Repair and Painting Rule (“RRP Rule”), 40 C.F.R. Part 745, Subpart E. The CAFO alleges the following RRP Rule violations:
- Failure to Provide Lead Hazard Information Pamphlet to the Property Owners. The United States alleges that Hometown Painting, Inc. violated the Renovation, Repair and Painting Rule by failing to provide a copy of the “Renovate Right” pamphlet to the property owner prior to commencing renovation activities.
- Failure to Implement Lead-safe Work Practice Standards. The United States alleges that Hometown Painting, Inc. violated the Renovation, Repair and Painting Rule by failing to implement lead-safe work practices required under the rule when performing renovations.
- Failure to Establish and Maintain Records. The Unites States alleges that Hometown Painting, Inc. violated the Renovation, Repair, and Painting Rule by failing to establish and maintain records necessary to demonstrate compliance with the rule.
Pollutant Reductions
It is expected that potential lead exposures and environmental contamination will be significantly reduced because under the CAFO, Hometown Painting, Inc. agrees that, before performing any renovations for compensation on target housing and child-occupied facilities, the firm will apply for and obtain certification from EPA; and to ensure that all individuals performing renovation activities on behalf of the firm are certified renovators, or have been trained by a certified renovator.
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 stores 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
In accordance with the Enforcement Response and Penalty Policy, and in consideration of the respondent’s inability to pay a penalty, Hometown Painting, Inc. will pay no penalty for the alleged violations. Also, in the CAFO, Hometown Painting, Inc. certifies that it is in compliance with Sections 402 and 406 of TSCA and 40 C.F.R. Part 745. Additionally, the respondent agrees that, before performing any renovations for compensation on target housing and child-occupied facilities, it will apply for and obtain EPA certification; and ensure that all individuals performing renovation activities on behalf of the firm are certified renovators or trained by a certified renovator.
Overview of Alliance Contracting & Design
Alliance Contracting & Design, LLC is a renovation company with its main office located in Bay City, Michigan. The settlement involves a residential renovation or repair project conducted at a property located in Midland, Michigan during May 2011. This property was constructed prior to 1978.
Violations
The Consent Agreement and Final Order (CAFO) (PDF) (16 pp, 1MB, About PDF) settles alleged violations of the Toxic Substances Control Act (“TSCA”), the Residential Lead-Based Paint Hazard Reduction Act, and the Renovation, Repair and Painting Rule (“RRP Rule”), 40 C.F.R. Part 745, Subpart E. The CAFO alleges the following RRP Rule violations:
- Failure to Obtain Firm Certification. The United States alleges that Alliance Contracting & Design violated the Renovation, Repair, and Painting Rule by failing to obtain firm certification from EPA prior to performing, or offering to perform, renovation activities in housing constructed prior to 1978.
- Failure to Provide Lead Hazard Information Pamphlet to the Property Owners. The United States alleges that Alliance Contracting & Design violated the Renovation, Repair and Painting Rule by failing to provide a copy of the “Renovate Right” pamphlet to the property owners prior to commencing renovation activities.
- Failure to Establish and Maintain Records. The Unites States alleges that Alliance Contracting & Design violated the Renovation, Repair, and Painting Rule by failing to establish and maintain records necessary to demonstrate compliance with the RRP rule.
Pollutant Reductions
It is expected that potential lead exposures and environmental contamination will be significantly reduced because Alliance Contracting & Design has taken immediate steps to come into compliance with the RRP rule.
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 stores 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
Alliance Contracting & Design will pay a civil penalty of $5,558.
Overview of Scheffler Painting
Scheffler Painting, LLC is located in Trenton, Michigan. The settlement involves a residential renovation or repair project conducted at a property located in Wyandotte, Michigan in January 2011. The property was constructed prior to 1978.
Violations
The Consent Agreement and Final Order (“CAFO”) (PDF) (19 pp, 2MB, About PDF) settles alleged violations of the Toxic Substances Control Act (“TSCA”), the Residential Lead-Based Paint Hazard Reduction Act, and the Renovation, Repair and Painting Rule (“RRP Rule”), 40 C.F.R. Part 745, Subpart E. The CAFO alleges the following RRP Rule violations:
- Failure to Obtain Firm Certification. The United States alleges that Scheffler Painting violated the Renovation, Repair, and Painting Rule by failing to obtain firm certification from EPA prior to performing, or offering to perform, renovation activities in housing constructed prior to 1978.
- Failure to Provide Lead Hazard Information Pamphlet to the Property Owners. The United States alleges that Scheffler Painting violated the Renovation, Repair and Painting Rule by failing to provide a copy of the “Renovate Right” pamphlet to the property owner prior to commencing renovation activities.
- Failure to Establish and Maintain Records. The Unites States alleges that Scheffler Painting violated the Renovation, Repair, and Painting Rule by failing to establish and maintain records certifying that a certified renovator was assigned to the project, provided on-the-job training to individuals used on the project, and directed these individuals performing the renovation to comply with the work practice standards required by the RRP rule.
- Failure to Comply with Work Practice Standards. The United States alleges that Scheffler Painting violated the Renovation, Repair, and Painting Rule by failing to take steps to contain paint dust from renovation work as required by the RRP Rule.
Pollutant Reductions
It is expected that potential lead exposures and environmental contamination will be significantly reduced because Scheffler Painting has obtained firm certification from EPA and has taken prompt steps to come into compliance with the RRP rule.
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 stores 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
Scheffler Painting will pay a civil penalty of $1,008. Scheffler Painting’s penalty was reduced because it qualified as a micro-business under the Pilot RRP Penalty Program for Micro-Businesses.
Overview of Spartan Painting
Spartan Painting, Inc is a painting company with its office located in Haslett, Michigan. The settlement involves a residential painting project conducted at 616 Willard Avenue in Lansing, Michigan during April, 2011. The property was constructed prior to 1978.
Violations
The Consent Agreement and Final Order (CAFO) (PDF) (15 pp, 1MB, About PDF) settles alleged violations of the Toxic Substances Control Act (“TSCA”), the Residential Lead-Based Paint Hazard Reduction Act, and the Renovation, Repair and Painting Rule (“RRP Rule”), 40 C.F.R. Part 745, Subpart E. The CAFO alleges the following violations of the RRP Rule:
- Failure to Obtain Firm Certification. The United States alleges that Spartan Painting violated the RRP Rule by failing to obtain firm certification from EPA prior to performing, or offering to perform, painting activities in housing constructed prior to 1978.
- Failure to Cover the Ground with Impermeable Material. The United States alleges that Spartan Painting violated the RRP Rule by failing to follow work practice standards to establish containment in the form of an impervious ground cover.
- Failure to Contain Waste. The United States alleges that Spartan Painting violated the RRP Rule by failing to follow work practice standards to contain waste from renovation activities to prevent releases of dust and debris before the waste is removed from the work area.
- Failure to Establish and Maintain Records. The Unites States alleges that Spartan Painting violated the RRP Rule by failing to establish and maintain records necessary to demonstrate and certify compliance with applicable sections of the RRP rule.
Pollutant Reductions
It is expected that potential lead exposures and environmental contamination will be significantly reduced because Spartan Painting is an EPA certified firm, has one or more certified renovators on staff, has changed its work practices to properly contain waste from its renovation projects, and has changed its practices to ensure the development and maintenance of the requisite records required by the RRP Rule.
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 cases of acute lead poisoning from ingestion of lead, seizures, coma and even death.
Lead can accumulate in the human body over time, where it is stored in bones along with calcium. During pregnancy, lead is released from bones as maternal calcium and is used to help form the bones of the fetus. This is particularly true if a woman does not have enough dietary calcium during pregnancy. Lead can also be easily circulated from the mother's blood stream through the placenta to the fetus. Expectant 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
Spartan Painting will pay a penalty of $2,330 pursuant to the Pilot Renovation, Repair and Painting (RRP) Rule Program for Micro-Business (The Micro Business Policy), dated May 3, 2012. Under the Micro-Business Policy, significantly reduced penalties are offered to respondents in order to address claims of inability to pay/stay in business under the Interim Final Lead Based Paint Consolidated Enforcement Response and Penalty Policy.
Overview of Wildwood Apartments
Wildwood Apartments, LLC an apartment building owner with its office located in Jackson, Michigan. The settlement involves a renovation project conducted in December, 2010, in a common area of the respondent’s 36 unit apartment building located at 200 Steward Street in Jackson, Michigan. The property was constructed prior to 1978.
Violations
The Consent Agreement and Final Order (CAFO)(PDF) (19 pp, 2MB, About PDF) settles alleged violations of the Toxic Substances Control Act (“TSCA”), the Residential Lead-Based Paint Hazard Reduction Act, and the Renovation, Repair and Painting Rule (“RRP Rule”), 40 C.F.R. Part 745, Subpart E. The CAFO alleges the following violations of the RRP Rule:
- Failure to Obtain Firm Certification. The United States alleges that Wildwood Apartments violated the RRP Rule by failing to obtain firm certification from EPA prior to performing or offering to perform renovation activities in housing constructed prior to 1978.
- Failure to Ensure Trained Individuals Performed the Renovation. The United States alleges that Wildwood Apartments violated the RRP Rule by failing to ensure that all individuals performing renovation activities on behalf of the firm were either trained, certified renovators or had been trained by a certified renovator.
- Failure to Post Signs. The United States alleges that Wildwood Apartments violated the RRP Rule by failing to post signs clearly defining the work area and warning occupants and other persons not involved in renovation activities to remain outside of the work area before beginning the renovation.
- Failure to Isolate the Work Area. The United States alleges that Wildwood Apartments violated the RRP Rule by failing to isolate the work area so that no dust or debris leaves the work area while the renovation is being performed.
- Failure to Close and Cover Windows and Doors. The United States alleges that Wildwood Apartments violated the RRP Rule by failing to close windows and doors in the work area, cover doors with plastic sheeting or other impermeable material, and cover doors used as an entrance to the work area.
- Failure to Cover the Floor. The United States alleges that Wildwood Apartments violated the RRP Rule by failing to cover the floor surface in the work area, including installed carpet, with taped-down plastic sheeting or other impermeable material.
- Failure to Contain Waste. The United States alleges that Wildwood Apartments violated the RRP Rule by failing to contain waste from renovation activities to prevent releases of dust and debris before the waste is removed from the work area.
- Failure to Establish and Maintain Records. The Unites States alleges that Wildwood Apartments violated the RRP Rule by failing to establish and maintain records necessary to demonstrate compliance with applicable sections of the RRP Rule.
Pollutant Reductions
It is expected that potential lead exposures and environmental contamination will be significantly reduced because Wildwood Apartments is now an EPA certified firm, has one or more certified renovators on staff, has changed its work practices to fully comply with all applicable requirements for conducting renovations, and has changed its administrative practices to ensure the development and maintenance of the requisite records required by the RRP Rule.
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 cases of acute lead poisoning from ingestion of lead, seizures, coma and even death.
Lead can accumulate in the human body over time, where it is stored in bones along with calcium. During pregnancy, lead is released from bones as maternal calcium and is used to help form the bones of the fetus. This is particularly true if a woman does not have enough dietary calcium during pregnancy. Lead can also be easily circulated from the mother's blood stream through the placenta to the fetus. Expectant 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
Wildwood Apartments will pay a civil penalty of $3,000 pursuant to the Pilot Renovation, Repair and Painting (RRP) Rule Program for Micro-Business (The Micro Business Policy), dated May 3, 2012. Under the Micro-Business Policy, significantly reduced penalties are offered to respondents in order to address claims of inability to pay/stay in business under the Interim Final Lead Based Paint Consolidated Enforcement Response and Penalty Policy.
Overview of Sunshine Home Improvement, LLC
Sunshine Home Improvement, LLC is a home renovation firm located in Lenexa, Kansas. The settlement involves renovation projects performed at seven residences in Kansas City, Missouri between October 2010 and April 2011. All seven residences were constructed prior to 1978.
Violations
The Consent Agreement and Final Order (“CAFO”) (15 pp, 556KB, About PDF) settles alleged violations of the Toxic Substances Control Act (“TSCA”), the Residential Lead-Based Paint Hazard Reduction Act, and the Renovation, Repair and Painting Rule (“RRP Rule”), 40 C.F.R. Part 745, Subpart E. The CAFO alleges the following RRP Rule violations:
- Failure to Provide the Lead Hazard Information Pamphlet to the Property Owner. The United States alleges that Sunshine violated the Renovation, Repair and Painting Rule by failing to document that it provided a copy of the “Renovate Right” pamphlet to one of the property owners prior to commencing renovation activities.
- Failure to Document Delivery of the Lead Hazard Information Pamphlet to the Property Owner. The United States alleges that Sunshine violated the Renovation, Repair and Painting Rule by failing to document that it provided a copy of the “Renovate Right” pamphlet to six of the property owners prior to commencing renovation activities.
Pollutant Reductions
It is expected that potential lead exposures and environmental contamination will be significantly reduced because Sunshine Home Improvement, LLC is a certified firm and uses certified renovators to conduct renovation work in pre-1978 housing which may contain lead-based paint. Sunshine Home Improvement, LLC has come into compliance with the information distribution requirements of RRP and the recordkeeping and reporting requirements of RRP, which will assure tenants and homeowners understand the risks of lead-based paint hazards and how best to minimize these risks for themselves and their families.
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 stores 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
Sunshine Home Improvement will pay a penalty of $4,508.
Overview of Kachina Contractor Solutions, LLC
Kachina Contractor Solutions, LLC (“Kachina”) is a training provider with its main office located in Elkins Park, Pennsylvania. EPA accredited the respondent to conduct initial renovator training courses pursuant to the Toxic Substances Control Act (“TSCA”), and the Renovation, Repair and Painting Rule (“RRP Rule”), 40 C.F.R. § 745.225. The complaint alleges violations for courses the respondent conducted in Renton, Washington on May 19, 2010, and in Bellingham, Washington on July 7, 2010.
Violations
The complaint (PDF) (22 pp, 3MB, About PDF) alleges the following violations:
- Failure to Comply with Hands-on Training Requirements. The United States alleges that Kachina violated the Renovation, Repair, and Painting Rule by failing to comply with the curriculum, instructional, student participation, and duration requirement for hands-on training
- Failure to Provide Timely Post-Training Notification. The United States alleges that Kachina violated the Renovation, Repair, and Painting Rule by failing to notify EPA of the completion of the renovator courses within the regulatory deadline.
Pollutant Reductions
It is expected that potential lead exposures and environmental contamination will be significantly reduced because this complaint helps ensure that Kachina complies with its accreditation, which obligates training providers to conduct effective hands-on training so that students are able to follow lead-safe work practices when performing renovations.
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 stores 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
In accordance with the Enforcement Response and Penalty Policy, the complaint seeks a penalty up to $60,000 for the alleged violations.
For more information, contact:Erin Saylor
Waste and Chemical Enforcement Division
U. S. Environmental Protection Agency
1200 Pennsylvania Ave, NW (MC 2249A)
Washington, DC 20460
(202) 564-6124
saylor.erin@epa.gov