EPA v. MODERN COASTAL BUILDERS LLC

Case summary

On December 12, 2019, EPA Region 1 filed a Consent Agreement and Final Order (CAFO) resolving violations of the Toxics Substances Control Act and the Renovation, Repair and Painting (RRP) Rule alleged against Modern Coastal Builders, LLC of Newburyport, MA (Docket No. TSCA-01-2019-0056). The alleged violations stem from a renovation of target housing the company performed in Exeter, NH in 2018. The complaint alleged that the company: (1) performed the renovation without being certified by EPA as a firm; (2) failed to assign a certified renovator to the renovation; (3) failed to provide a lead hazard information pamphlet to the adult occupant of the property at which the renovation occurred prior to beginning the renovation; (4) failed to cover the ground with plastic sheeting; and (5) failed to maintain records to demonstrate compliance with the RRP Rule. In the CAFO, Respondent agreed to pay a penalty of $1,466 calculated pursuant to the Lead-based Paint Graduated Penalty Approach Policy for Small-Scale Businesses, and to operate in compliance with the RRP Rule. This action will help to ensure that children and pregnant women are not exposed to the dangers of to lead-based paint. The state of New Hampshire has been notified of this action. On September 30, 2019, Region 1 issued an administrative complaint against Modern Coastal Builders, LLC of Newburyport, Massachusetts for alleged violations of TSCA and the Renovation, Repair and Painting (RRP) Rule. The company performed a renovation of target housing in Exeter, New Hampshire in 2018. The complaint alleges that the company performed the renovation without being certified by EPA as a firm, failed to assign a certified renovator to the renovation, failed to provide a lead hazard information pamphlet to the adult occupant of the property at which the renovation occurred prior to beginning the renovation, failed to cover the ground with plastic sheeting, and failed to maintain records to demonstrate compliance with the RRP Rule. The complaint proposes a penalty of $20,259.

Defendants (1)

• Modern Coastal Builders LLCNamed in complaintNamed in settlement

Facilities (1)

• MODERN COASTAL BUILDERS LLC

  189 FRONT ST, EXETER, NH, 03833

  Registry ID: 110070378065

Statutes cited

• TSCA 406B — Lead: Pre-Renovation Education Rule
• TSCA 402C — Lead: RRP

Enforcement conclusions (1)

• MODERN COASTAL BUILDERS LLCentered 2019-12-12

  Primary law: TSCA

  Federal penalty: $1,466

Timeline (3 milestones)

• 2019-09-30Complaint Filed/Proposed Order
• 2019-10-07Enforcement Action Data Entered
• 2019-12-12Final Order Issued