EPA v. BOTTOS CONSTRUCTION, INC.

Case summary

On April 15, 2020, the Environmental Appeals Board (EAB) issued an order declining to review on its own initiative, pursuant 40 C.F.R. 22.27(c)(4) and 22.30(b), the initial decision and default order (Decision) issued by the Regional Judicial and Presiding Officer (RJO) on March 3, 2020, against Bottos Construction, Inc. of Broomall, PA (Respondent). The EAB is the final agency decision maker on administrative appeals under all major environmental statutes administered by EPA and hears permit and civil penalty appeals and petitions for cost reimbursement under CERCLA. Apparently, the EAB found no issues in the RJO's 21-page Decision warranting its review. Accordingly, and because Respondent did not appeal, the Decision became a final order on April 17, 2020, requiring that Respondent pay the assessed civil penalty of $9,573 for its violations of TSCA and the RRP Rule. The RRP Rule promotes public health (of children in particular) by requiring certification of Target Housing renovators, education of occupants and owners about lead-based paint risks, and use of lead-safe renovation work practices. The Commonwealth of Pennsylvania was notified of this matter prior to filing of the administrative complaint in March 2019.

Defendants (1)

• BOTTOS CONSTRUCTION, INC.Named in complaintNamed in settlement

Facilities (5)

• BOTTOS CONSTRUCTION, INC

  822 S. 5TH ST, PHILADELPHIA, PA, PA, 19147

  Registry ID: 110070543646

• BOTTOS CONSTRUCTION, INC.

  1005 SUSSEX BLVD., BROOMALL, PA, 19008

  Registry ID: 110070067839

• BOTTOS CONSTRUCTION, INC

  1602 BAINBRIDGE ST, PHILADLEPHIA, PA, 19146

  Registry ID: 110070543647

• BOTTOS CONSTRUCTION, INC

  2023-25 RITTENHOUSE SQUARE, PHILADELPHIA, PA, 19103

  Registry ID: 110070543649

• BOTTOS CONSTRUCTION, INC

  815 N WOODBINE AVE, NARBERTH, PA, 19072

  Registry ID: 110070543648

Statutes cited

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

Enforcement conclusions (1)

• BOTTOS CONSTRUCTION, INC.entered 2020-04-17

  Primary law: TSCA

  Federal penalty: $9,573

Timeline (4 milestones)

• 2019-03-28Complaint Filed/Proposed Order
• 2019-04-12Enforcement Action Data Entered
• 2020-04-17Enforcement Action Closed
• 2020-04-17Final Order Issued