EPA v. MITCHELL PROFESSIONAL SERVICES

Case summary

On December 17, 2019, EPA Region 1 issued a Final Order resolving violations of the Toxics Substances Control Act and the Renovation, Repair and Painting (RRP) Rule alleged against Mitchell Professional Services of the Seacoast & Lakes Region, Inc., Greenland, NH (Docket No. TSCA 01-2019-0059). The alleged violations stem from the renovation of target housing the company performed at 393 New Castle Avenue and 244 Marcy Street in Portsmouth, NH in 2018. The complaint alleged that the company: (1) performed the renovation without obtaining re-certification by EPA as a firm; (2) failed to post signs; (3) failed to cover the ground with plastic sheeting and contain the work area; and (4) failed to maintain records to demonstrate compliance with the RRP Rule. A penalty of $13,729 was calculated in accordance with the Consolidated Enforcement Response and Penalty Polity for the Pre-Renovation Education Rule; Renovation, Repair and Painting Rule; and Lead-Based Paint Activities Rule. The Respondent paid the penalty of $13,729 in accordance with the early resolution provision in the complaint, and the Final Order was issued on December 17, 2019. The state of New Hampshire has been notified of this action. On September 30, 2019, Region 1 filed an administrative complaint against Mitchell Professional Services of the Seacoast & Lakes Region, Inc. DBA CertaPro Painters of the Seacoast & Lakes Region (Mitchell Professional Services) of Greenland, New Hampshire for violations of TSCA and the RRP Rule. The complaint alleges that Mitchell Professional Services failed to comply with several RRP Rule requirements while performing painting operations on two residences in Portsmouth, New Hampshire. EPA is proposing a penalty of $13,729 for these violations.

Defendants (1)

• Mitchell Professional ServicesNamed in complaintNamed in settlement

Facilities (2)

• MITCHELL PROFESSIONAL SERVICES OF SEACOAST & LAKE REGION DBA CERTAPRO PAINTERS

  244 MARCY ST, PORTSMOUTH, NH, 03801

  Registry ID: 110070378246

• MITCHELL PROFESSIONAL SERVICES OF SEACOAST & LAKE REGION DBA CERTAPRO PAINTERS

  393 NEWCASTLE AVE, PORTSMOUTH, NH, 03801

  Registry ID: 110070378245

Statutes cited

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

Enforcement conclusions (1)

• MITCHELL PROFESSIONAL SERVICESentered 2019-12-17

  Primary law: TSCA

  Federal penalty: $13,729

Timeline (3 milestones)

• 2019-09-30Complaint Filed/Proposed Order
• 2019-10-08Enforcement Action Data Entered
• 2019-12-17Final Order Issued