EPA v. CISNE NY Construction, Inc.

Case summary

On April 18, 2023, the U.S. District Court for the Southern District of New York approved two consent decrees to resolve Toxic Substances Control Act violations. The Complaint, filed January 13, 2022, alleged that Defendants violated lead-based paint requirements of the Renovation, Repair and Painting (RRP) Rule during renovations conducted in multi-unit residential apartment buildings in Manhattan. The Complaint cited the Defendants? failures to: (1) obtain initial certification from EPA; (2) cover floor surfaces with plastic sheeting or other impermeable material; (3) close/cover windows and doors in the work area with plastic sheeting or other impermeable material; (4) post signs defining the work area and warning occupants and other individuals to remain outside the work area; (5) ensure that a certified renovator was assigned to each renovation; (6) establish and maintain or make available records of compliance; and (7) contain waste from renovation activities to prevent releases of dust and debris. Two of the individuals named as Defendants in the lawsuit agreed to settlements involving injunctive relief and the payment by each of a $25,000 civil penalty, based on the settling Defendants? documented limited ability to pay. In addition to committing to undertake compliance actions in connection with renovation activities, the individuals also agreed to injunctive relief that will apply to any renovation firms they control or create in the future doing such work, including informing the government of upcoming RRP jobs, designating one or more Compliance Officers with renovator certification to act as a single point of contact for lead safe work practice issues, monitoring contractor and subcontractor compliance, and responding to the government regarding any issues that may arise during renovations conducted by such firms.

Defendants (5)

• CISNE NY Construction, Inc.Named in complaintNamed in settlement
• CISNE JE Construction, Inc.Named in complaintNamed in settlement
• CISNE Contracting Inc.Named in complaintNamed in settlement
• Jose PanchaNamed in complaintNamed in settlement
• Edison RuilovaNamed in complaintNamed in settlement

Facilities (1)

• CISNE NY CONSTRUCTION INC,

  160 CROTON AVENUE, OSSINING, NY, 10562

  Registry ID: 110070107571

Statutes cited

• TSCA 402C — Lead: RRP

Enforcement conclusions (3)

• CISNE NY Construction, Inc. - Panchaentered 2023-04-18

  Primary law: TSCA

  Federal penalty: $25,000

• CISNE NY Construction, Inc.

  Primary law: TSCA

• CISNE NY Construction, Inc. - Ruilovaentered 2023-04-18

  Primary law: TSCA

  Federal penalty: $25,000

Timeline (5 milestones)

• 2020-09-25Referred To Dept Of Justice
• 2020-09-30Enforcement Action Data Entered
• 2022-01-13Complaint Filed With Court
• 2023-02-23Final Order Lodged
• 2023-04-18Final Order Entered