EPA v. TIM GALVEZ

Case summary

08/19/2021 - On March 27, 2021, Respondent paid the full penalty pursuant to the Quick Resolution provision of the Amended Complaint. On March 31, the Regional Judicial Officer issued a Final Order resolving the case. The case team has informed the Maine Department of Environmental Protection and the Maine Department of Health and Human Services of this action and both agencies are supportive. Maine did not take delegation of the RRP Rule. This action will help to prevent young children from being exposed to the dangers of lead paint. On October 31, 2019, Region 1 issued an administrative Complaint against Tim Galvez dba Tim's Express Decks and Odd Jobs (Respondent) of Portland, Maine, for alleged violations of the Renovation, Repair and Painting (RRP) Rule under TSCA at a multi-unit property in Lewiston, ME. The Complaint alleges that Respondent: (1) failed to obtain initial certification for his firm from EPA under 40 C.F.R. 745.89(a) pursuant to 40 C.F.R. 745.81(a)(2)(ii); (2) failed to ensure that a certified renovator was performing or directing work as required by 40 C.F.R. 745.89(d)(1) and (2); (3) failed to provide the owner or adult occupants with the EPA-approved lead hazard pamphlet pursuant to 40 C.F.R. 745.84(a)(2); and (4) failed to cover the ground with plastic as prescribed by 40 C.F.R. 745.85(a)(2)(ii)(C). The proposed penalty is of $972 is based on the Graduated Penalty Approach Policy. The case team has informed the Maine Department of Environmental Protection and the Maine Department of Health and Human Services of this action and both agencies are supportive. Maine did not take delegation of the RRP Rule. This action will help to prevent young children from being exposed to the dangers of lead paint.

Defendants (1)

• TIM GALVEZNamed in complaintNamed in settlement

Facilities (1)

• TIM GALVEZ DBA TIM'S EXPRESS DECKS AND ODD JOBS

  675 FOREST AVE, PORTLAND, ME, 04103

  Registry ID: 110070378240

Statutes cited

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

Enforcement conclusions (1)

• TIM GALVEZentered 2021-03-31

  Primary law: TSCA

  Federal penalty: $972

Timeline (3 milestones)

• 2019-10-31Complaint Filed/Proposed Order
• 2020-01-27Enforcement Action Data Entered
• 2021-03-31Final Order Issued