Failure to take some simple actions with lead paint can lead to stiff penalties from EPA.

If you are a building owner/operator/manager or if you are a contractor/painter/renovator, you need to pay attention to lead paint issues.

No contractor/painter/renovator is too big or too small to warrant EPA scrutiny for lead paint.  EPA penalties include small one or 2 person companies and as small as 1 renovation job.   And no landlord or building owner is too big or too small.  EPA is an equal opportunity penalizer for all aspects of the lead paint rules.

What exactly are these folks doing wrong under lead paint rules?

If you didn’t remember, many buildings built before 1978 have paint that contains high levels of lead.  Lead from paint, dust, and soil can be dangerous, especially to young children, babies and developing fetuses.  People can get the lead into their bodies by breathing the dust, eating soil or paint chips.  To combat this danger, EPA established rules to inform tenants about exposure risks to lead paint, to managers about how to manage lead paint in place, and to renovation contractors about how to renovate when lead may be present.  Additionally, EPA established training standards to train contractors and renovators so that they would know how to properly handle lead materials and risks.

EPA created a rule called the Lead Renovation, Repair and Painting rule (RRP).  The RRP rule requires the use of lead-safe work practices to ensure that common renovation activities like sanding, cutting and demolition, which can create hazardous lead dust, are conducted properly by trained and certified contractors and individuals.  EPA finalized the RRP rule in 2008 and the rule took effect in 2010.

Additionally, failure to notify tenants is a violation of the rules.  According to the EPA, landlords, property managers and home sellers have a responsibility to inform people about lead risks, and they can do this by simply giving potential tenants available records and a short EPA approved pamphlet that explains lead hazards.

In follow up to the new rules taking effect, EPA has begun a concerted campaign to educate owner/managers and contractors/renovators.  As with all education campaigns, EPA has also instituted a rather strong enforcement protocol. Here are some of the top enforcements.

Contractors/Painters/Renovators

1) In November of 2012, EPA announced 16 enforcement actions for lead paint violations.  In total EPA penalties added up to over $175,000.  And the majority of the parties penalized for violating the lead paint rules were contractors: remolding and painting contractors to be precise.

2) In March 2012, EPA announced 2 enforcement action against renovators, Valiant Home Remodelers in New Jersey, paid a $1,500 penalty for 1 job.  Johnson Sash & Door, home repair company in Omaha, Nebraska paid a $5,558 penalty for failing to notify owners prior to doing work on their homes.

Landlords/Property Management Companies

1) March 2012 – $55,000 penalty for failure provide the required information and disclosures to renters on 5 different properties in Reading, Pa.

2) March 2012 – $10,000.  Rental property owner in Maine failed to use trained/ certified lead paint removal personnel.

3) May 2012 – $89,300.  Two property management companies that operate the housing at Portsmouth Naval Shipyard in Kittery, Maine and the Naval Submarine Base in New London, Connecticut where fined for violating the lead paint requirements (RRP).

4) June 2012 – $24,600.  Oregon landlord cited for failing to provide tenants the required information and disclosures related to lead paint in the buildings.

5) 2010 – $20,000 penalty.  New York City landlord cited for failing to provide tenants the required information and disclosures related to lead paint in the buildings.

So what do these lead paint rules and enforcement mean for my business?

First, it means you need to know the law.  There are some simple, but important steps you need to take to come into compliance.  If you are a landlord/owner/manager, you need to know the year your building was build, the status of the paint and if it qualifies, you need to provide notice to your tenants.  The notice is very particular, so don’t try and guess, get the right answers.

If you are a contractor/painter/renovator, you need to understand the basic notification and informational requirements, because you will need to provide those to homeowners.  Additionally, you will have to have your crews trained for lead paint management, abatement and disposal.

Second, it means as with all EPA rules, take them seriously.  We all know that it is inconvenient and that it can cost money and time to comply, but don’t let yourself become a victim of EPA.  If you take the right steps and get the right advice from attorneys who know the issues, you can prevent the extremely punitive penalties that EPA has out.  Remember, EPA doesn’t care how big or small you are, they only care about 100% compliance.  And with strict liability laws, it’s almost impossible to fight against.  The best defense to EPA enforcement actions is a strong offense.  In other words, pay the money, get the expert advice and get your affairs in order before EPA or State Regulators come knocking.

Michael Denby is the founder of Denby Law, PLLC an exclusive environmental and natural resources law firm in Phoenix, AZ focusing on regulatory compliance law for all the major environmental programs, CERLCA, RCRA, CAA, CWA, & TSCA. In his 18 years of environmental representation, Michael has written and presented on numerous environmental topics, sat on 3 gubernatorial appointments, and represented large and small clients before local, state and federal regulators. Learn more about Denby Law, PLLC or to contact the author click here www.denbylaw.com