EPA v. THE WHALLEY GLASS COMPANY

Case summary

On March 9, 2015, Region 1 issued a Complaint to window replacement firm, The Whalley Glass Company, for its failure to comply with the requirements of the Renovation, Repair and Painting Rule, promulgated pursuant to Section 402(c)(3) of the Residential Lead-Based Paint Hazard Reduction Act of 1992. The Complaint seeks penalties of up to the statutory maximum of $37,500 for each of the thirteen alleged violations pertaining to four renovation projects performed in the years 2012 ? 2014 in Madison, New Haven, and West Haven, Connecticut. This enforcement action is expected to encourage compliance in the regulated community with the Renovation, Repair and Painting Rule and help protect residents from exposure to lead-based paint. The consent agreement and final order resolves alleged violations of the requirements of the Renovation, Repair and Painting Rule, promulgated pursuant to Section 402(c)(3) of the Residential Lead-Based Paint Hazard Reduction Act of 1992. The Whalley Glass Company is a window replacement firm located in Connecticut. The violations pertained to four renovation projects performed in the years 2012 ? 2014 in Madison, New Haven, and West Haven, Connecticut. The alleged violations included performing renovations without obtaining proper RRP firm certification, without using RRP-certified workers, without providing lead hazard information to the owners, and without retaining records demonstrating compliance with the RRP Rule. Respondent later provided exculpatory evidence for the firm certification violation. The Whalley Glass Company will pay a penalty of $31,286 to resolve the violations.

Defendants (1)

• The Whalley Glass CompanyNamed in complaintNamed in settlement

Facilities (1)

• WHALLEY GLASS COMPANY THE

  214 WHALLEY AVENUE, NEW HAVEN, CT, 06511

  Registry ID: 110060346442

Statutes cited

• TSCA 406B — Lead: Pre-Renovation Education Rule
• TSCA 402A — Lead: Abatement
• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• THE WHALLEY GLASS COMPANYentered 2015-06-25

  Primary law: TSCA

  Federal penalty: $31,286

Timeline (3 milestones)

• 2015-03-09Complaint Filed/Proposed Order
• 2015-03-10Enforcement Action Data Entered
• 2015-06-25Final Order Issued