EPA v. MONARC CONSTRUCTION, INC.

Case summary

On February 9, 2023, EPA Region III entered into a Consent Agreement and Final Order with Monarc Construction, Inc. resolving allegations that the firm had violated the Renovation, Repair and Painting Lead Based Paint Rule (RRP) under 40 C.F.R. Part 745, Subpart E, in connection with the renovation of 2 residential properties in Washington, D.C. A May 5, 2021 Inspection revealed that Monarc Construction, Inc. (1) failed to obtain, from the owner, a written acknowledgment that the owner has received the Renovate Right pamphlet, pursuant to 40 C.F.R. 745.84(a)(1)(i) or failure to obtain a certificate of mailing at least 7 days prior to the renovation, pursuant to 40 C.F.R. 745.84(a)(1); (2) failed to post signs clearly defining the work area and warning occupants and other persons not involved in the renovation activities to remain outside of the work area pursuant to 40 C.F.R. 745.85(a)(1); (3) failed to make available to EPA all records necessary to demonstrate that the renovator performed all of the lead-safe work practices described in 40 C.F.R. 745.85(a); (4) failed to adequately cover the work area to ensure that debris and dust does not leave the work area, pursuant to 40 C.F.R.745.85(a)(2)(i)(D); and (5) failed to contain waste from renovation activities as required by 40 C.F.R. 745.85(a)(4)(i) at one of the renovations. These TSCA requirements protect housing occupants from potential lead-based paint risks in properties. No property at issue is located in an EJ area of concern. Virginia's Department of Labor and Industry was notified of this action. Under the Consent Agreement and Final Order, Monarc Construction, Inc. will pay a civil penalty in the amount of $21,396.00 to settle the alleged violations.

Defendants (1)

• MONARC CONSTRUCTION, INC.Named in complaintNamed in settlement

Facilities (1)

• MONARC CONSTRUCTION, INC.

  2781 HARTLAND RD., FALLS CHURCH, VA, 22043

  Registry ID: 110070945240

Statutes cited

• TSCA 402C — Lead: RRP

Enforcement conclusions (1)

• MONARC CONSTRUCTION, INC.entered 2023-02-09

  Primary law: TSCA

  Federal penalty: $21,396

Timeline (4 milestones)

• 2023-02-09Final Order Issued
• 2023-02-09Complaint Filed/Proposed Order
• 2023-02-13Enforcement Action Closed
• 2023-02-15Enforcement Action Data Entered