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EPA RRP Fines in Massachusetts, Connecticut and New Hampshire

Posted by Mark Paskell on Wed, Nov 14, 2012 @ 04:19 PM

EPA RRP fines were announced today for 16 companies. We predicted that many of the EPA fines that were promised back in the spring would be released after the election. In the spring Shawn McCadden and I were on a phone call with the EPA and they reported that they had over 700 companies that were being investigated for RRP violations. This is probably the beginning of many EPA public announcements about companies fined for RRP violations. Here are three companies who are listed in today's announcement.    epa badge

Massachusetts Company fined by the EPA

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.

Civil Penalty

The Complaint seeks a statutory maximum penalty of up to $37,500 for each of the 101 alleged violations.

Connecticut Company Fined For RRP Violations

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.

 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

New Hampshire Company Fined by EPA for RRP 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.

Civil Penalty

Exterior Images will pay a penalty of $1,408 pursuant to the Pilot RRP Penalty Program for Micro-Businesses. 

We can help.

We provide EPA RRP training in states outside Massachusetts and Mass RRP training for Mass contractors. We also provide RRP consulting services for companies who need help implementing RRP practices, RRP record keeping and general consulting. 

Contact Mark for more information.

 

Tags: EPA RRP Fines