EPA v. DORCUS CONSTRUCTION COMPANY, INC.

Case summary

On August 21, 2023, the Regional Judicial Officer ratified a combined Complaint and Consent Agreement (CAFO), Docket No. TSCA-03-2023-0084, between EPA Region III and Dorcus Construction Company, Inc. (hereinafter, Respondent ). EPA therein alleged that Respondent violated RRP Rule requirements associated with the renovations of 10 target housing residential homes in or near Frederick, MD. EPA promulgated the RRP Rule at 40 C.F.R. Part 745, Subpart E, to ensure that individuals receive training in conducting renovation and repair activities in a safe and proper manner and to minimize lead exposure to the public, occupants of target housing and child-occupied facilities, and the environment. EPA initially responded to a tip/complaint, conducted a document review inspection of Respondent's business records and gathered supporting documentary evidence, including evidence that the Respondent had failed to comply with certain requirements of the RRP Rule. Specifically, EPA's investigation yielded evidence sufficient to establish and allege that regarding the target housing renovation at issue, the Respondent failed to: (1) apply for and obtain firm recertification from the EPA prior to conducting renovations on Target Housing constructed prior to 1978; (2) assign an EPA-certified renovator to perform renovations on Target Housing or ensure that all renovators assigned to the renovations were given on-the-job training by an EPA-certified renovator; and (3) prepare and make records available to EPA demonstrating compliance with certain requirements of the RRP Rule. Respondent's representatives cooperated fully with EPA during the inspection and investigation and have now certified that Respondent currently is in compliance with all relevant RRP Rule provisions of TSCA and its RRP Rule implementing regulations. As a result, the settlement requires Respondent to pay a $23,118.00 civil penalty for the identified violations. The Maryland Department of the Environment has expressed no objection to the EPA action and there has been no further State involvement in this matter.

Defendants (1)

• DORCUS CONSTRUCTION COMPANY, INC.Named in complaintNamed in settlement

Facilities (1)

• DORCUS CONSTRUCTION COMPANY, INC.

  11228 PUTMAN RD., THURMONT, MD, 21788

  Registry ID: 110071293500

Statutes cited

• TSCA 402C — Lead: RRP

Enforcement conclusions (1)

• DORCUS CONSTRUCTION COMPANY, INC.entered 2023-08-21

  Primary law: TSCA

  Federal penalty: $23,118

Timeline (4 milestones)

• 2023-08-21Final Order Issued
• 2023-08-21Complaint Filed/Proposed Order
• 2023-08-28Enforcement Action Closed
• 2023-09-13Enforcement Action Data Entered