Another Window World Company Fined for Failure to Notify Owners of Lead Risks

April 21st, 2011 by DWM Magazine
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Just a few weeks after Window World of St. Louis was fined $19,529 by the Environmental Protection Agency (EPA) for charges that it failed to notify owners of lead-based paint risks prior to performing renovation work, the EPA has fined another Window World dealer for the same reason, albeit for a much lesser fine.

EPA’s Region 7 announced today that Window World of Omaha, Neb., has agreed to pay a $3,976 civil penalty to the United States to settle allegations that it failed to notify owners and occupants of at least eight Omaha 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 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.

As part of its settlement with EPA, and in addition to paying the $3,976 civil penalty, Window World of Omaha has agreed to perform a supplemental environmental project, through which it will provide 71 new windows at an estimated cost of $11,928 to Soby Ranch Ministry’s Operation Phoenix. Five residential properties in Omaha that are undergoing renovation though Operation Phoenix will benefit from the replacement windows, resulting in the removal of 71 old windows contaminated with lead based paint.

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  1. Were the properties in question government owned or managed by the federal government, or part of a government housing program? I believe the notification requirement, in fact all of the requirements under the Lead Based Paint Hazards Reduction Act, only apply to federal government owned or federal government program properties. Look carefully at the definitions, and do not look for answers in the regulations, or, God forbid, in the summaries – look for them in the governing statutes.

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