Recent Federal Enforcement Actions for Non RRP Compliant Contractors

The Brookline MA. Board of Health visited a project in town and found a contractor violating RRP practices. The BBOH asked to see the assigned Certified Renovator on site. The company had no CR on site. The workers said the Certified Renovator was available by phone. The town BBOH inspector said the CR has to be on site at all times in Mass. It turns out the contractor has 4 Certified Renovators but not one was on the job. The job was referred to the Division of Occupational Safety (DOS) and the contractor was asked to stop work until a Certified Renovator could be on site and other conditions were met. Fines, penalties and other actions are under review by the DOS.

This is the third enforcement activity reported in the past month. The DOS indicated that enforcement will begin in earnest in early April. This story was confirmed today and was told that they will be out more often now that spring is here.

Contractors who have not registered their firms or received the RRP training need to think about working on pre 1978 homes without them. The company above was trained before Mass took over on 7/9/10 and said they did not know that the Certified Renovator had to be on site at all times during RRP work in Mass. They were following the EPA RRP requirement where the CR could leave the site after setting up containment and be available by phone. They claimed that no one told them about the Mass changes.

According to the EPA and DOS it is the responsibility of the Certified Renovator to check with the state to see if there have been any changes to the law.

 (Kansas City, Kan., March 31, 2011) – Window World of St. Louis, Inc., has agreed to pay a $19,529 civil penalty to the United States to settle allegations that it failed to notify owners and occupants of at least 20 St. Louis area residential properties built before 1978 of lead-based paint risks prior to performing renovation work at those locations.

According to an administrative consent agreement filed by EPA Region 7 in Kansas City, Kan., the window replacement company, located in Maryland Heights, Mo., was legally required to provide owners and residents of the properties with an EPA-approved lead hazard information pamphlet before starting renovations at the properties.

Provision of the lead hazard information pamphlet to property owners and occupants is one requirement of the Residential Lead-Based Paint Hazard Reduction Act, which Congress passed in 1992 as an amendment of the federal Toxic Substances Control Act (TSCA).

The regulation is intended to protect owners and occupants of residential properties, child care facilities and schools built before 1978 from health risks associated with lead-based paint. Lead-based paint was banned for residential use in the United States in 1978. Most homes built before 1978 contain some amount of lead-based paint, and subsequent renovation activity of such properties can cause occupants to be exposed to dust, chips and debris that contain lead.

The Residential Lead-Based Paint Hazard Reduction Act requires renovators of such properties to obtain certified training, follow safe work practices, and take specific steps to make owners and occupants aware of health risks associated with lead exposure before renovation work occurs.

As part of its settlement with EPA, and in addition to paying the $19,529 civil penalty, Window World of St. Louis has agreed to perform a supplemental environmental project, through which it will spend an estimated $20,048 to replace a total of 73 old windows contaminated with lead paint at three group home facilities operated by the non-profit social services organization Youth in Need.