EPA v. DAVEY'S MASONRY & CONCRETE, LLC

Case summary

On March 29, 2022, EPA Region III entered into a Consent Agreement and Final Order with Davey's Masonry & Concrete, LLC resolving allegations that the firm had violated the Renovation, Repair and Painting (RRP) Lead-Based Paint Rule under 40 C.F.R. Part 745, Subpart E, in connection with the renovation of five residential properties in Baltimore, Maryland. An August 17, 2021 Inspection revealed that, at the time renovation work was being performed, Davey's Masonry and Concrete, LLC (1) failed to obtain ?firm certification? to perform, offer or claim to perform renovations or dust sampling for compensation, (2) failed to ensure that all individuals performing renovation activities on behalf of the firm were either certified renovators or had been trained by a certified renovator; (3) failed to provide an adult occupant of the target housing with an EPA-approved lead hazard information pamphlet; (4) failed to provide documentation of compliance with work practice standards for renovations, and (5) failed to contain waste from renovation activities. These TSCA requirements protect housing tenants from potential lead-based paint risks posed by work in rental properties. One property at issue is located in an EJ area of concern. TSCA enforcement is not a state-delegated program; the Maryland Department of Environmental Management was notified of this action. Under the Consent Agreement and Final Order, Davey's Masonry & Concrete, LLC will pay a civil penalty in the amount of $2800 to settle the alleged violations.

Defendants (1)

• DAVEY'S MASONRY & CONCRETE, LLCNamed in complaintNamed in settlement

Facilities (1)

• DAVEY'S MASONRY & CONCRETE, LLC

  8244 OLD MILL ROAD, PASADENA, MD, 21122

  Registry ID: 110071080417

Statutes cited

• TSCA 402A — Lead: Abatement

Enforcement conclusions (1)

• DAVEY'S MASONRY & CONCRETE, LLCentered 2022-03-29

  Primary law: TSCA

  Federal penalty: $2,800

Timeline (4 milestones)

• 2022-03-29Complaint Filed/Proposed Order
• 2022-03-29Final Order Issued
• 2022-03-30Enforcement Action Data Entered
• 2022-12-01Enforcement Action Closed