EPA v. HEILER PAINTING, LLC

Case summary

On April 8, 2021, the Regional Judicial Officer signed a Final Order ratifying a Consent Agreement between EPA and Heiler Painting, LLC (Heiler) resolving alleged violations of the Renovation, Repair, and Painting Program Rule (RRP Rule) and Section 409 of TSCA, 15 U.S.C. 2689. The settlement alleges that Heiler: employed the use of high speed machines for sanding renovation surfaces without required HEPA vacuum controls, in violation of the work practice requirements of 40 C.F.R. 745.85(a)(3)(ii); failed to cover the ground during exterior renovation activities, as required by 40 C.F.R. 745.85(a)(2)(ii)(C); failed to erect vertical containment or equivalent extra precautions to contain the exterior renovation area, as required by 40 C.F.R. 745.85(a)(2)(ii)(D); failed to post required warning signs to warn occupants and other persons to remain outside the work area, as required by 40 C.F.R. 745.85(a)(1); and failed to retain and make available to EPA all necessary records to demonstrate lead-safe work practices, as required by 40 C.F.R. 745.85(a). Under the terms of the settlement, the company will pay a civil penalty in the amount of $21,366.00 to resolve these violations. EPA contacted the PADEP regarding this matter, and the State raised no objections.

Defendants (1)

• HEILER PAINTING, LLCNamed in complaintNamed in settlement

Facilities (1)

• HEILER PAINTING, LLC

  522 ELLIS AVE., DARBY, PA, 19023

  Registry ID: 110070379668

Statutes cited

• TSCA 402C — Lead: RRP

Enforcement conclusions (1)

• HEILER PAINTING, LLCentered 2021-04-08

  Primary law: TSCA

  Federal penalty: $21,366

Timeline (4 milestones)

• 2021-04-08Final Order Issued
• 2021-04-08Complaint Filed/Proposed Order
• 2021-04-15Enforcement Action Data Entered
• 2021-05-06Enforcement Action Closed