EPA v. Rose Demolition & Carting, Inc.

Case summary

On January 30, 2025 the U.S. District Court for the Southern District of New York entered a Consent Decree (CD) that settles an enforcement case against the Defendant for violations of the Renovation, Repair, and Painting Rule (RRP Rule) in at least 668 renovation projects in New York City residences, including failing to: (1) assign a certified renovator to direct the demolition work and discharge all of the certified renovator responsibilities identified in the Rule; (2) ensure that all workers performing the renovations were certified renovators or had received on-the-job training on lead-safe work practices; (3) adequately contain construction dust; (4) post signs clearly defining its work area and warning occupants and other persons to remain outside of the work area; (5) provide a lead-hazard information pamphlet to the owner or occupants of the housing before commencing work; and (6) maintain documentation showing that it provided lead-hazard information pamphlets or that it had posted warning signs in the buildings. The CD requires the Defendant pay a $100,000 cash penalty, comply with the LBP regulations and implement important injunctive relief. Defendant and its two principals also agreed to assure that any other firm owned or controlled by the Defendant or its principals complies with the RRP Rule and also performs certain other activities. As part of the settlement, the Defendant is required to: (a) notify occupants of target housing renovated by Defendant between 2016 and 2019 of their potential exposure to lead dust and offer lead dust inspection, cleanup and, clearance testing to be conducted at the unit at Defendant's expense; and (b) notify current and/or former employees who worked at these job sites of their potential exposure to lead dust and offer lead dust testing, cleanup, and clearance testing of their vehicles and homes at Defendant's expense.

Defendants (1)

• Rose Demolition & Carting, Inc.Named in complaintNamed in settlement

Facilities (12)

• RC CH SACRED HEART

  1261 SHAKESPEARE AVENUE, BRONX, NY, 10452

  Registry ID: 110072071768

• ROSE DEMOLITION

  95 BRUCKNER BOULEVARD, BRONX, NY, 10454

  Registry ID: 110055181798

• KAELEN HAWORTH

  70 STATE STREET, BROOKLYN, NY, 11201

  Registry ID: 110072071767

• BEN HERE LP

  14 EAST 11TH STREET, NEW YORK, NY, 10003

  Registry ID: 110072071770

• ROBERT P LOCASCIO

  241 EAST 48TH STREET, NEW YORK, NY, 10017

  Registry ID: 110072071764

• 145 EAST 84TH STREET OWNERS CO. INC.

  145 EAST 84TH STREET, NEW YORK, NY, 10028

  Registry ID: 110015784034

• 115-87 OWNERS CORP.

  115 EAST 87TH STREET, NEW YORK, NY, 10128

  Registry ID: 110072071772

• MARC KUSHNER

  49 DOUGLASS STREET, BROOKLYN, NY, 11231

  Registry ID: 110072071769

• 35 EAST 75 ST CORP.

  35 EAST 75TH STREET, NEW YORK, NY, 10021

  Registry ID: 110072071765

• 315 WEST 23RD STREET OWNER CORP.

  315 WEST 23RD STREET, NEW YORK, NY, 10011

  Registry ID: 110030730742

• 334 WEST 87TH STREET OWNERS CORP.

  334 WEST 87TH STREET, NEW YORK, NY, 10024

  Registry ID: 110072071771

• PETER BOKOR

  236 WEST 101ST STREET, NEW YORK, NY, 10025

  Registry ID: 110072071766

Statutes cited

• TSCA 402C — Lead: RRP

Enforcement conclusions (1)

• Rose Demolition & Carting, Inc.entered 2025-01-30

  Primary law: TSCA

  Federal penalty: $100,000

Timeline (5 milestones)

• 2017-09-28Referred To Dept Of Justice
• 2017-09-28Enforcement Action Data Entered
• 2024-09-30Final Order Lodged
• 2024-09-30Complaint Filed With Court
• 2025-01-30Final Order Entered