EPA v. Sears Home Improvement Products, Inc. (NC)(NLP)

Case summary

The settlement resolves alleged violations of the federal Lead Renovation, Repair and Painting (RRP) Rule for work performed by the Defendant's contractors during home renovation projects across the country. Under the settlement, the Defendant will implement a comprehensive, corporate-wide program to ensure that the contractors it hires to perform work minimize lead dust from home renovation activities. The Defendant will also pay a $400,000 civil penalty. EPA discovered the alleged violations through a review of the Defendant's records from projects performed by the company's renovation contractors at numerous projects in cities across California and in Georgia, Minnesota, Nevada, New York and Wisconsin. It is also alleged the Defendant failed to establish, retain, or provide compliance documentation showing that specific contractors had been certified by EPA, had been properly trained, had used lead-safe work practices, or had performed required post-renovation cleaning. Under the settlement, the Defendant will implement a company-wide program to ensure that the contractors it hires to perform work for its customers comply with the RRP Rule during renovations of any child-occupied facilities, such as day-care centers and pre-schools and any housing that was built before 1978. For these projects, the Defendant must contract with only EPA-certified and state-certified firms and renovators, ensure they maintain certification and ensure they use lead safe work practices checklists during renovations.

Defendants (1)

• Sears Home Improvement Products, Inc.Named in complaintNamed in settlement

Facilities (1)

• RESIDENCE

  1615 AVENUE I, #316, BROOKLYN, NY, 11230

  Registry ID: 110069549322

Statutes cited

• TSCA 402C — Lead: RRP

Enforcement conclusions (1)

• Sears Home Improvement Products, Inc. (NC)(NLP)entered 2016-12-06

  Primary law: TSCA

  Federal penalty: $123,000

Timeline (5 milestones)

• 2016-03-04Referred To Dept Of Justice
• 2016-03-09Enforcement Action Data Entered
• 2016-09-28Complaint Filed With Court
• 2016-09-28Final Order Lodged
• 2016-12-06Final Order Entered