EPA v. PYTHON WINDOWS, INC.

Case summary

On July 28, 2023, the Regional Judicial Officer ratified a combined Complaint and Consent Agreement (CAFO), Docket No. TSCA-03-2023-0121, between EPA Region III and Python Windows, Inc. (hereinafter, Respondent ). EPA therein alleged that Respondent violated RRP Rule requirements associated with the renovations of a target housing residential home in Richmond, Virginia where a small child resided. 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 hired an uncertified subcontractor to perform target housing renovation window replacement activities at a Richmond, VA target housing residential property where a small child, under age 6, resided. EPA?s investigation yielded evidence sufficient to establish and allege that during the April 2022 target housing renovation for compensation, the Respondent failed to: (1) ensure that all individuals who performed the renovation activities were certified renovators; (2) obtain from property owners a required written acknowledgment that each owner timely received a copy of the EPA-approved lead hazard information pamphlet; (3) post signs clearly defining work areas; and (4) cover the ground with plastic sheeting or other disposable impermeable material to collect falling paint debris and to take required extra precautions in containing the work area to ensure that dust and debris from the renovation did not contaminate other buildings, other areas of the property, or migrate to adjacent properties. 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 $62,432.00 civil penalty for the identified violations and affords the Respondent a 180-day penalty installment payment plan. The Virginia Department of Labor and Industry has expressed no objection to the EPA action and there has been no further State involvement in this matter.

Defendants (1)

• PYTHON WINDOWS, INC.Named in complaintNamed in settlement

Facilities (1)

• PYTHON WINDOWS, INC.

  9111 MIDLOTHIAN TPKE, RICHMOND, VA, 23235

  Registry ID: 110071293441

Statutes cited

• TSCA 402C — Lead: RRP

Enforcement conclusions (1)

• PYTHON WINDOWS, INC.entered 2023-07-28

  Primary law: TSCA

  Federal penalty: $62,432

Timeline (3 milestones)

• 2023-07-28Final Order Issued
• 2023-07-28Complaint Filed/Proposed Order
• 2023-08-01Enforcement Action Data Entered