EPA v. MJM ENTERPRISES, INC. D/B/A BALTIMORE PAINT AUTHORITY

Case summary

FAILING TO COMPLY WITH 40 C.F.R. SECTION 745.81(a)(2)(ii) REQUIREMENTS BY PERFORMING TARGET HOUSING RENOVATIONS AFTER APRIL 22, 2010 WITHOUT FIRST OBTAINING THE REQUIRED INITIAL LEAD-SAFE FIRM CERTIFICATION FROM EPA PURUSANT TO 40 C.F.R. SECTION 745.89 REQUIREMENTS. FAILING TO COMPLY WITH 40 C.F.R. SECTION 745.89(d)(1) AND (2) REQUIREMENTS, ON THREE (3) SEPARATE OCCASIONS, BY FAILING TO ENSURE THAT ALL INDIVIDUALS WHO PERFORMED TARGET HOUSING PFROPERTY RENOVATIONS ACTIVITIES ON BEHALF OF THE COMPANY AFTER MARCH 31, 2016 (AT 701 BERRY STREET, BALTIMORE, MD, 2101 BURDOCK RD., BALTIMORE, MD, AND 6604 TROY CT., BALTIMORE, MD) WERE EITHER CERTIFIED RENOVATION OR WERE TRAINED BY A CERTIFIED RENOVATOR, IN ACCORDANCE WITH 40 C.F.R. SECTION 745.90 AND BY FAILING TO ASSIGN A CERTIFIED RENOVATOR TO THE RENOVATIONS THEN BEING PERFORMED AT THESE TARGET HOUSING PROPERTIES TO DISCHARGE THE CERTIFIIED RENOVATOR RESPONSIBILITIES IDENTIFIED IN 40 C.F.R. SECTION 745.90 ON THAT DATE. FAILING TO COMPLY WITH 40 C.F.R. SECTION 745.84(a)(1) REQUIREMENTS, ON SIX (6) SEPARATE OCCASIONS, BY FAILING TO OBTAIN FROM TARGET HOUSING PROPERTY OWNERS (I.E., OWNERS OF 701 BERRY STREET, BALTIMORE, MD, 6604 TROY CT, BALTIMORE, MD, 212 LONGWOOD RD., BALTIMORE, MD, 7936 WINTEREST AVE., BALTIMORE, MD, 2101 BURDOCK RD., BALTIMORE, MD; AND 22 S COLLINGSTON AVE., BALTIMORE, MD), A WRITTEN ACKNNOWLEGMENT OF RECEIPT OF THE REQUIRED EPA-APPROVED LEAD HAZARD INFORMATION PAMPHLET ENTITLED RENOVATE RIGHT: IMPORTANT LEAD HAZARD OF INFORMATION FOR FAMILIES, CHILD CARE PROVIDER AND SCHOOLS . FAILING TO COMPLY WITH 40 C.F.R. SECTION 745.85(a)(1) REQUIREMENTS, ON MAY 27, 2016, BY FAILING TO POST REQUIRED LEAD WORK WARNING SIGNS TO WARN OCCUPANTS AND OTHER PERSONS NOT INVOLVED IN RENOVATION ACTIVITIES TO REMAIN OUTWSIDE OF THEWORK AREA DURING THE ENTIRE COURSE OF RENOVATION AND POST-RENOVATION CLEANING VERIFICATION ACTIVITIES THEN BEING CONDUCTED BY THE RESPONDENT THAT THE TARGET HOUSING PROPERTY LOCATED AT 701 BERRY STREET, BALTIMORE, MD. FAILING TO COMPLYING WITH 40 C.F.R. SECTION 745.86(b)(6) REQUIREMENTS AT THE TIM4E OF THE JULY 14, 2016 EPA INSPECTION AND THEREAFTER, BY FAILING TO MAKE AVAILABLE DOCUMENTATION DEMONSTRATIVE OF COMPLIANCE WITH EACH OF THE WORK PRACTICE STANDARD REQUIREMENTS OF 40 C.F.R. SECTION 745.85, INCLUDING DOCUMENTATION THAT ALL OF THE LEAD SAFE WORK PRACTICE TASKS DESCRIBED IN 40 C.F.R. SECTION 745.85(a), AND THAT THE POST-RENOVATION CLEANING, VERIFICATION DESCRIBED IN 40 C.F.R. SECTION 745.85(b) WERE PROPERLY PERFORMED AT EACH OF THE SIX (6) TARGET HOUSING PRORPERTIES IDENTIFIED ABOVE. FAILING TO COMPLY WITH 40 C.F.R. SECTION 745.85(a)(2)(ii)(C) BY FAILING TO COVER THE GROUND WITH PLASTIC SHEETING OR OTHER DISPOSAL IMPERMEABLE MATERIAL EXTENDING 10 FEET BEYOND THE PERIMETER OF SURFACES UNDERGOING RENOVATION OR A SUFFICIENT DISTANCE TO COLLECT FALLING PLANT DEBRIS, WHICHEVER IS GREATER, BEFORE BEGINNING RENOVATION ACTIVITIES AT THE TARGET HOUSING PROPERTY LOCATED AT 701 BERFRY STREET, BALTIMORE, MD ON MAY 27, 2016; AND FAILING TO COMPLY WITH 40 C.F.R. SECTION 745.85(a)(2)(ii)(D) BY FAILING TO TAKE EXTRA PRECAUTIONS IN CONTAINING THE WORK AREA TO ENSURE THAT DUST AND DEBRIS FROM THE RENOVATION DOES NOT CONTAMINATE OTHER BUILDINGS OR OTHER AREAS OF THE PROPERTY OR MIGRATE TO ADJACENT PROPERTIEIS BEFORE BEGINNING RENOVATON ACTIVITIES AT THE TARGET HOUSING PROPERTY LOCATED NAT 701 BERRY STREET, BALTIMORE, MD ON MAY 27, 2016.

Defendants (1)

• MJM ENTERPRISES, INC., D/B/A BALTIMORE PAINT AUTHONamed in complaintNamed in settlement

Facilities (1)

• MJM ENTERPRISES, INC.

  1 RANDALL AVENUE, BALTIMORE, MD, 21208

  Registry ID: 110070101831

Statutes cited

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

Enforcement conclusions (1)

• MJM ENTERPRISES, INC. D/B/A BALTIMORE PAINT AUTHORITYentered 2017-08-02

  Primary law: TSCA

  Federal penalty: $10,825

Timeline (4 milestones)

• 2017-08-02Final Order Issued
• 2017-08-02Complaint Filed/Proposed Order
• 2017-08-31Enforcement Action Data Entered
• 2017-09-26Enforcement Action Closed