5/9/2024 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $2,200 DUE WITHIN 30 DAYS AFTER THE EFFECTIVE DATE OF THIS CAFO.
ALLEGED VIOLATIONS:
ON OCTOBER 17, 2023, PURSUANT TO ITS AUTHORITY UNDER SECTION 11 OF TSCA, 15 U.S.C. ? 2610, THE EPA CONDUCTED AN INSPECTION OF RESPONDENT?S SUBJECT WORKSITE (THE PROPERTY) WHERE RESPONDENT WAS CONDUCTING ?RENOVATIONS? AS THAT TERM IS DEFINED AT 40 C.F.R. ? 745.83, FOR COMPENSATION. THE PROPERTY WAS CONSTRUCTED BEFORE 1978 AND IS, THEREFORE, ?TARGET HOUSING? AS DEFINED AT 40 C.F.R. ? 745.103.
BASED ON THE EPA?S REVIEW OF RESPONDENT?S RECORDS, THE EPA ALLEGES THAT, IN THE COURSE OF THE RENOVATION OF THE PROPERTY, RESPONDENT FAILED TO:
A. ENSURE THAT THE INDIVIDUAL DIRECTING RENOVATIONS ON BEHALF OF THE FIRM WAS A CERTIFIED RENOVATOR OR HAD BEEN TRAINED BY A CERTIFIED RENOVATOR IN ACCORDANCE WITH 40 C.F.R. ? 745.90, PRIOR TO DIRECTING RENOVATIONS, IN VIOLATION OF 40 C.F.R. ? 745.89(D)(1);
B. OBTAIN A WRITTEN ACKNOWLEDGMENT FROM THE OWNER OR OCCUPANT THAT INCLUDES A STATEMENT RECORDING THE OWNER OR OCCUPANT'S NAME AND ACKNOWLEDGING RECEIPT OF THE LEAD HAZARD INFORMATION PAMPHLET PRIOR TO THE START OF RENOVATION, THE ADDRESS OF THE UNIT UNDERGOING RENOVATION, THE SIGNATURE OF THE OWNER OR OCCUPANT AS APPLICABLE, AND
THE DATE OF SIGNATURE, IN VIOLATION OF 40 C.F.R. ? 745.84(D)(1); AND
C. RETAIN ALL RECORDS NECESSARY PERTAINING TO THE RENOVATION TO DEMONSTRATE COMPLIANCE WITH 40 C.F.R. PART 745, SUBPART E, FOR A P