EPA v. PROMINENT PAINTERS, LLC D/B/A FRESH COAT PAINTERS OF CHARLESTON, WV

Case summary

On August 3, 2021, Region 3 entered into a Consent Agreement and Final Order with the owner of Prominent Painters, LLC d/b/a Fresh Coat Painters of Charleston, Robert Smith, alleging violations of Sections 15 and 409 of the Toxic Substances Control Act. Specifically, the Consent Agreement alleges violations of the TSCA Lead RRP rules including: failure to obtain EPA-firm certification, failure to distribute EPA's Renovate Right pamphlet prior to the renovations at issue; and failure to make available to EPA all records necessary to demonstrate lead-safe work practices. These TSCA Lead RRP requirements protect public health and the environment by promoting lead safe work practices and informing tenants of potential lead risks occuring during renovations, particularly the dangerous effects of lead exposure to children. The settlement includes a negotiated civil penalty of $8,905.00.

Defendants (1)

• PROMINENT PAINTERS, LLC D/B/A FRESH COAT PAINTERSNamed in complaintNamed in settlement

Facilities (1)

• PROMINENT PAINTERS, LLC D/B/A FRESH COAT PAINTERS OF CHARLESTON, WV

  1923 HARRISON AVE., SAINT ALBANS, WV, 25177

  Registry ID: 110070566384

Statutes cited

• TSCA 402C — Lead: RRP
• TSCA 402A — Lead: Abatement

Enforcement conclusions (1)

• PROMINENT PAINTERS, LLC D/B/A FRESH COAT PAINTERS OF CHARLESTON, WVentered 2021-08-03

  Primary law: TSCA

  Federal penalty: $8,905

Timeline (3 milestones)

• 2021-08-03Complaint Filed/Proposed Order
• 2021-08-03Final Order Issued
• 2021-08-27Enforcement Action Data Entered