EPA v. WATERWAY REALTY LLC

Case summary

On November 4, 2015, Chief Administrative Law Judge Biro issued a Default Order and Initial Decision against Waterway Realty, LLC (Waterway) for failing to comply with a Prehearing Order and an Order to Show Cause. Judge Biro found Waterway liable for seven violations of the Residential Lead-Based Paint Hazard Reduction Act of 1992, 42 U.S.C. ? 4851 et seq., and the federal regulations promulgated thereunder, entitled ?Residential Property Renovation,? as set forth at 40 C.F.R. Part 745, Subparts E and L (the RRP Rule). Judge Biro assessed the Agency?s proposed penalty of $49,654 in its September 30, 2014 Complaint against Waterway. Judge Biro also considered the fact that Waterway asserted that it was unaware of the RRP Rule at the time the renovations were undertaken at the property. The court found that ?ignorance of the law does not excuse Waterway?s violations, particularly since it is in the business of ? renovating real property, and has been in such business since 2010.?

Defendants (1)

• WATERWAY REALTY LLC (SB)Named in complaintNamed in settlement

Facilities (1)

• WATERWAY REALTY LLC

  8030 SOUTH WILLOW STREET BLDG 3 - UINT 5, MANCHESTER, NH, 03108

  Registry ID: 110062641440

Statutes cited

• TSCA 402C — Lead: RRP

Enforcement conclusions (1)

• WATERWAY REALTY LLCentered 2015-11-04

  Primary law: TSCA

  Federal penalty: $49,654

Timeline (3 milestones)

• 2014-09-30Complaint Filed/Proposed Order
• 2014-10-09Enforcement Action Data Entered
• 2015-11-04Final Order Issued