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KS Construction Firm to Pay $27,286 Penalty for Failure to Use Lead-safe Work Practices, Notify Property Owner

(Lenexa, Kan., June 5, 2013) - HarenLaughlin Construction Company, of Lenexa, Kan., has agreed to pay a $27,286 civil penalty to settle allegations that it failed to use proper lead-safe work practices during the renovation of a multifamily property built in 1922 at 811 E. Armour Boulevard., Kansas City, Mo., in violation of the Renovation, Repair, and Painting (RRP) rule. It also failed to notify the property owner about lead-based paint risks before the company or its subcontractors performed renovation work at the site.

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EPA Takes Action Against Violators of the Lead Renovation, Repair and Painting Rule

Release Date: 05/02/2013
Contact Information: Dale Kemery (news media only) 202-564-7839 202-564-4355

WASHINGTON – Today, EPA announced 17 enforcement actions for violations of the Lead Renovation, Repair and Painting rule (RRP).

The RRP rule protects homeowners and tenants from dangerous lead dust that can be left behind after common renovation, repair, and painting work. It requires that contractors and subcontractors be properly trained and certified, and use lead-safe work practices to ensure that lead dust is minimized. Lead exposure can cause a range of health effects, from behavioral problems and learning disabilities to seizures and death, putting young children at the greatest risk because their nervous systems are still developing.

“Using lead-safe work practices is good business and it’s the law,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “EPA is taking action to enforce lead rules to protect people from exposure to lead and to ensure a level playing field for contractors that follow the rules.”

The enforcement actions address serious violations of the RRP rule, including fourteen actions where the contractor failed to obtain certification prior to performing or offering to perform renovation activities on pre-1978 homes, where lead is more likely to be present. Other alleged violations included failure to follow the lead-safe work practices, which are critical to reducing exposure to lead-based paint hazards.

The 17 enforcement actions listed below include 14 administrative settlements assessing civil penalties of up to $23,000. These settlements also required the contractors to certify that they had come into compliance with the requirements of the RRP rule. Additionally, EPA filed three administrative complaints seeking civil penalties of up to the statutory maximum of $37,500 per violation. As required by the Toxic Substances Control Act, a company or individual’s ability to pay a penalty is evaluated and penalties are adjusted accordingly.

Enforcement actions:

  • Groeller Painting, Inc. of St. Louis, Missouri
  • Albracht Permasiding and Window, Co. of Omaha, Nebraska
  • Midwest College Painters, LLC of Bloomfield Hills, Michigan
  • ARK Property Investments, LLC of Richmond, Indiana
  • Henderson & Associates Services of Largo, Florida
  • Home Resources Management, LLC of Columbia, Tennessee
  • Camaj Interiors & Exteriors of Jacksonville, Florida
  • Cherokee Home Improvements, LLC of Church Creek, Maryland
  • Window World of Harford located in Belair, Maryland
  • EA Construction and General Contracting of West Chester, Pennsylvania
  • Roman Builders of Morton, Pennsylvania
  • Accolade Construction Group, Inc. of New York, New York
  • PZ Painting of Springfield, New Jersey
  • Creative Renovations of Brooklyn, New York
  • Reeson Construction of Webster, New Hampshire
  • New Hampshire Plate Glass Corporation of Portsmouth, New Hampshire
  • CM Rogers Handyman of Manchester, New Hampshire

More information about the settlements:

More about lead and instructions on getting certified:

Attorney General Gansler Secures Conviction in Illegal Dumping Case
Baltimore man left two drums of wastewater from brick-washing on side of street

Baltimore, MD ( April 29, 2013) - Attorney General Douglas F. Gansler today announced that his Environmental Crimes Unit obtained a felony conviction against Richard Kevin Fox, Jr., of Baltimore, for improper disposal and abandonment of a controlled hazardous substance. After Fox, 40, pleaded guilty, Baltimore City Circuit Court Judge Emmanuel Brown issued a sentence of five years incarceration, suspending all but 18 months, and two years supervised probation.

Individuals who show such blatant disregard for our environment deserve a harsh penalty," said Attorney General Gansler. "Leaving hazardous materials on a street corner could have led to much worse consequences, so it's important that those who put the public at risk be held accountable for their actions.

On April 28, 2012, a special investigator with Baltimore City Housing Permits and Code Enforcement arrived at a site in the 1800 block of South Monroe Street and found two full 55-gallon drums that had been dumped on the side of the street in an empty lot. Samples were taken from the drums and submitted for analysis. The test results were positive for hazardous waste and the liquid found in the drums was consistent with wastewater from brick-washing activities. Brick-washing involves the removal of paint from building facades and is a common practice in Baltimore. Many of the buildings are covered in lead-based paint and the proper removal of the paint is necessary to avoid the release of toxic waste. If improperly removed, the waste generated results in hazardous waste and water pollution violations.

Investigators were able to locate the vehicle used in the dumping and Fox was identified as the driver of the vehicle, which belonged to a contractor for whom he worked. Fox admitted that he had been asked to dispose of the drums for money and that he dumped the drums in the location where they were found.

This conviction follows an investigation conducted by the Baltimore City Housing Permits and Code Enforcement, who referred the matter to the Environmental Crimes Unit. In making the announcement, Attorney General Gansler thanked Assistant Attorney General Michelle Barnes, Environmental Crimes Unit Investigator Dave Williams and Baltimore City Code Enforcement Investigator Shawn Kolego for their work on the case.

Source: Maryland Attorney General

R.I. Landlords Fined for Failing to Notify Tenants about Lead Paint Hazards in Woonsocket
(Boston, Mass. – April 18, 2013) – Two Rhode Island landlords will pay an EPA penalty of $13,900 for violations of federal lead disclosure laws.

EPA alleged in a complaint that Donald Ciotola and Carol Simeone violated the federal Toxic Substance Control Act when the landlords failed to notify prospective tenants about potential lead-paint hazards in housing they owned in Woonsocket, R.I., as required by the Residential Lead-Based Paint Hazard Reduction Act of 1992 and the Lead-Based Paint Disclosure Rule.

Exposure to lead paint is a serious health concern in New England due to the age of the housing stock. Infants and young children are especially vulnerable to lead paint exposure, which can cause lowered intelligence, reading and learning disabilities, impaired hearing, reduced attention span, hyperactivity and behavior problems. Adults with high lead levels can suffer difficulties during pregnancy, high blood pressure, nerve disorders, memory problems and muscle and joint pain.

The purpose of the Residential Lead-Based Paint Hazard Reduction Act and the Lead-Based Paint Disclosure Rule is to ensure that prospective tenants have enough information about lead-based paint in general and known lead-based paint hazards in specific housing to make an informed decision about whether to lease a particular property.

Among other things, the Disclosure Rule requires landlords to provide prospective tenants with an EPA-approved

City of Kalamazoo to pay homeowner $115,000 in settlement over lead-based paint
KALAMAZOO, MI -- A Kalamazoo homeowner will receive a $115,000 settlement from the city of Kalamazoo, after claiming city officials' failure to disclose the possibility of lead-based paint in her home caused her minor child to have elevated lead levels.
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Important Update for DC Multi-family Housing Community

Child On April 2, 2012, the District Department of the Environment released a revised version of the proposed regulations, entitled the 'Control of Lead-based Paint Activities,' for review. The multi-family housing community will be impacted by the proposed regulations. CONNOR has summarized the key proposed requirements in an on-going effort to provide the multi-family housing community with real-time regulatory knowledge on lead-based paint activities within the District of Columbia.   Click HERE to read this informative summary.

EPA's Renovation, Repair, and Painting Rule - Will You Be Ready to Comply?


gt CONNOR was formed in 1991 with the belief that an environmental and engineering consulting firm should emphasize consulting as a personal process.

Many firms provide the minimum requirements of ASTM, Standard & Poor's, Fannie Mae, Freddie Mac and HUD. CONNOR, on the other hand, provides this data, professional judgment, communication skills and the determination necessary to work with clients to properly identify and explain critical issues in a clear and concise manner. Our professional staff is a practical and experienced group of building, construction and environmental specialists, committed to working with our clients.

Whether providing expert opinions and writing legislation, or carefully explaining the ramifications of the findings of our reports, CONNOR's staff ensures that the deal goes through by performing the job as thoroughly as possible. The experience and dedication of our staff is underscored by office centralization. By having one corporate office, our staff is thoroughly trained in "the CONNOR way," creating a standard knowledge pool of expertise from which everyone benefits.

Building Relationships, Solving Problems

CONNOR is a strategic partner providing environmental / compliance assessments and solutions for the stakeholders in, affordable housing / multi-family, lenders, and large commercial properties. CONNOR is a customer-focused culture, which leverages years of experience to understand basic and complex environmental issues and present them with practical business solutions that best represents the client’s needs. CONNOR’s infrastructure, technology and experience in environmental due diligence offer our client a compliment of strategy, structure and process that contribute to consistently strong performance and building long lasting relationships.

Corporate Innovation Beyond Ideas

From the very beginning, CONNOR has faced tough decisions in focusing on innovative ideas -- offering break-through thinking to sustain and open new markets serving the multi-housing and commercial real estate industry across the country. CONNOR's focus on IT applications and process has fostered high standards in speed, integrity and consistency in the due diligence-reporting format to the real estate industry. CONNOR introduces new products and services to forensically support the acquisitions business and insurance claims by adding Thermal Imaging. Emerging Thermal Imaging technology, leveraged by a certified Thermographer provides the Client innovative opportunities to identify latent moisture intrusion paths and potential construction defects not visible to the naked eye. CONNOR's complimentary assets, leveraging value from technology to the customer will continue to have a positive influence on our client's ability to make informed and practical business decisions.

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Online Compliance
Lead Module Overview
Section 1018
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