EPA v. OMAR B. CONSTRUCTION, LLC

Case summary

The case involves violations by Omar B. Construction LLC ( Respondent ), which at all times relevant to the CAFO owned and operated owned and operated a business located at 315 S. Lehigh Street in Baltimore, MD which performs interior and exterior renovation projects in the Baltimore, MD. The basis of the Consent Agreement and Final Order is Respondent's violation of Sections 15 and 409 of TSCA, 15 U.S.C. 2614 and 2689 and the underlying regulations set forth at 40 C.F.R. Part 745 (Lead-Based Paint Poisoning Prevention In Certain Residential Structures), Subpart E (Residential Property Renovation), 40 C.F.R. 745.80 745.92 (the Renovation, Repair, and Painting Rule or RRP Rule ). Specifically, during a renovation carried out at 824 Union Ave., Baltimore, MD, on December 20, 2019, Respondent failed: to obtain firm certification from EPA under 40 C.F.R. ? 745.89(a), prior to performing the renovation; to assign a certified renovator to the renovation then being performed at the Renovation Property to discharge the certified renovator responsibilities identified under 40 C.F.R. ? 745.89(d)(2), distribute to the property owner of the Renovation Property a copy of EPA?s Renovate Right pamphlet as required by 40 C.F.R 745.87(a); to make available to EPA all records necessary to demonstrate that, at the Renovation Property, the renovator performed all of the lead-safe work practices described in 40 C.F.R. 745.85(a), as well as the post-renovation cleaning procedures described in 40 C.F.R. 745.85(b); to post signs clearly defining the work area and warning occupants and other persons not involved in the renovation activities to remain outside the work area, as required by 40 C.F.R. 45.85(a)(1); to, before beginning the renovation, cover the ground with plastic sheeting or other impermeable material in the work area extending 10 feet beyond the perimeter of surfaces undergoing renovation or a sufficient distance to contain the falling debris, whichever is greater, as required by 40 C.F.R. ? 745.85(a)(2)(ii)(C); and 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 properties, as required by 40 C.F.R. ? 745.85(a)(2)(ii)(D). The failure to meet these requirements was identified by an inspection conducted at the time of the December 20, 2019 renovation by an authorized representative of the Maryland Department of the Environment ( MDE ) (the MDE Inspection ), and by a subsequent records inspection conducted on February 11, 2020, by and EPA Region III inspector at Respondent?s office to determine Respondent's level of compliance with the RRP Rule ( Records Inspection ). The civil penalty assessed in the CAFO is one thousand six hundred seventy-four dollars ($1,674.00).

Defendants (1)

• OMAR B. CONSTRUCTION, LLCNamed in complaintNamed in settlement

Facilities (1)

• OMAR B. CONSTRUCTION, LLC

  315 S. LEHIGH STREET, BALTIMORE, MD, 21224

  Registry ID: 110070692680

Statutes cited

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

Enforcement conclusions (1)

• OMAR B. CONSTRUCTION, LLCentered 2021-08-24

  Primary law: TSCA

  Federal penalty: $1,674

Timeline (3 milestones)

• 2021-08-24Final Order Issued
• 2021-08-24Complaint Filed/Proposed Order
• 2021-08-25Enforcement Action Data Entered