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Enforcement

FY2016 Enforcement Actions for the Lead Renovation, Repair and Painting Rule (RRP)

EPA completed over 100 federal enforcement actions during fiscal year 2016 that require renovation contractors, landlords and others to protect communities and public health from exposure to lead. Lead paint is the main way people are exposed to lead in the United States, and lead exposure can cause a range of health problems, from behavioral disorders and learning disabilities to seizures and death, putting young children and their developing nervous systems at the greatest risk.

From October 2015 through September 2016, EPA entered into 123 settlements for alleged violations of one or more of the three lead-based paint rules--the Renovation, Repair and Painting Rule, the Lead Disclosure Rule, and the Lead-based Paint Activities Rule for abatements--and filed six complaints for ongoing actions. Each settlement requires that the alleged violator return to compliance and, in most cases, pay civil penalties.

The three rules are part of the federal Toxic Substances Control Act and the Residential Lead-Based Paint Hazard Reduction Act and apply to housing built before 1978 and child-occupied facilities. Ensuring compliance with all three rules enables EPA to identify and address a variety of lead exposure risks that occur in communities across the nation. 

Settlements in Excess of $300,000 in Civil Penalties and/or Supplemental Environmental Projects

Sears Home Improvement Products, Inc. has agreed to settle alleged RRP Rule violations related to work performed by Sears’s contractors, by paying a $400,000 penalty and adopting enhanced compliance measures company-wide under a proposed Consent Decree, which is subject to judicial approval. 

Dennis Hardesty (IL) committed to perform a $308,000 lead abatement project and pay a $5,000 cash penalty to settle alleged Lead Disclosure Rule infractions.  This case was a joint enforcement action by EPA and the U.S. Department of Housing and Urban Development, prosecuted by the U.S. Department of Justice.

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Settlements in Excess of $60,000 in Civil Penalties and/or Supplemental Environmental Projects

Settlements in Excess of $40,000 in Civil Penalties and/or Supplemental Environmental Projects

  • Clearview Home Improvements (CA) paid a $58,450 fine for alleged noncompliance with RRP Rule requirements for certification, pre-renovation education, firm responsibility, and recordkeeping.
  • Zidan Management Group, Inc. (IN) agreed to perform an abatement project valued at up to $41,500 and paid a $3,675 fine to settle alleged violation of RRP Rule work practice and certification requirements.

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Settlements of $30,000 or More in Civil Penalties

Settlements of $15,000 or More in Civil Penalties

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Settlements of $10,000 or More in Civil Penalties

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Settlements of Less Than $10,000 in Civil Penalties

In each of the following settlements, the company paid a fine less than $10,000 which generally reflects a reduction based on ability to pay, or qualification as a micro-business under the RRP Rule penalty program for micro-businesses.  Every case obtained compliance.  All are RRP Rule settlements, except two. 

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Expedited Settlement Agreements

EPA entered into Expedited Settlement Agreements for alleged RRP Rule violations with the companies listed below.  These agreements allow violators to quickly resolve certain minor infractions (not including work practice violations) with a reduced penalty, typically $2,000 or less. 

Complaints

EPA also filed civil Complaints against the following entities for alleged violations of the RRP Rule and/or the Lead Disclosure Rule, and the proposed penalties range up to $197,743 each, respectively:

EPA also filed a Complaint against Sears Home Improvement Products, Inc. when lodging the proposed Consent Decree (above) to resolve alleged RRP Rule violations.

More information about the lead-based paint regulations is available at www.epa.gov/lead.

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