Two Companies Fined by EPA for Failure to Distribute Lead Safety PamphletsApril 5th, 2011 by DWM Magazine
The Environmental Protection Agency (EPA) has levied a civil penalty of $19,529 on Window World of St. Louis Inc. for charges that it failed to notify owners and occupants of at least 20 St. Louis area 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.
According to this statement from the EPA, 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 the requirements of the Residential Lead-Based Paint Hazard Reduction Act passed in 1992.
As part of its settlement with EPA, and in addition to paying the civil penalty, Window World of St. Louis has agreed to perform a supplemental environmental project, according to the statement. The company will spend an estimated $20,048 to replace a total of 73 old windows contaminated with lead paint at three group home facilities operated by the non-profit social services organization Youth in Need.
Jim Lomax, co-owner of Window World of St. Louis, told DWM magazine that the company “takes the issue of lead safety very seriously, and that all of its installers are EPA lead-safe certified.”
The company also clarified that, “the recent fine is based on a random audit of work conducted before March 2010. The fine is specifically in regards to the distribution of lead safety pamphlets as required by the Residential Lead-Based Paint Hazard Reduction Act from 1992, not the recent Renovation, Repair and Painting rule.”
“The EPA’s recent fine against Window World of St. Louis is the result of our error in the distribution of lead safety pamphlets, not of unsafe renovation practices in the home,” says Lomax. “We’re happy to report that we’ve resolved the issue with the EPA, and we are now back to full compliance with the Residential Lead-Based Paint Hazard Reduction Act and the recent Renovation, Repair and Painting rule. We will continue to provide customers with the superior quality and service they’ve come to expect from Window World.”
This news comes one week after the EPA’s New England region fined Permanent Siding and Windows in Milford, Ct., for lead notification violations. The company has agreed to pay $30,702 to settle claims by EPA that it failed to provide lead hazard information to homeowners or occupants before doing renovations that may have disturbed surfaces coated with lead-based paint.
EPA’s New England office says that Permanent Siding and Windows failed to provide EPA’s lead hazard information pamphlet to at least 17 owners or occupants before the company began renovation activities. The violations in this case took place during renovation work done between January 2006 and March 2009.
Permanent Siding has certified that it is now in compliance with EPA’s Pre-Renovation rule and will submit a report to EPA later this year to demonstrate their continued compliance with this Rule, according to the EPA’s press release.