EPA v. HENDERSON & ASSOCIATES SERVICES, L.L.C. AND DARYL HENDERSON

Case summary

4/11/2013 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $600. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: BASED ON INFORMATION PROVIDED BY RESPONDENTS TO EPA IN A LETTER DATED MAY 4, 2011, EPA ALLEGES THAT RESONDENTS VIOLATED SECTION 402 AND 406 OF TSCA. RESPONDENT FAILED TO APPLY TO EPA FOR FIRM CERTIFICATION TO PERFORM RENOVATIONS OR DUST SAMPLING PRIOR TO UNDERTAKING RENOVATION ACTIVITIES AS REQUIRED BY 40 CFR SECTION 745.81 AND SECTION 745.89. RESPONDENT FAILED TO OBTAIN, FROM THE OWNER AND/OR ADULT OCCUPANT, A WRITTEN ACKNOWLEDGEMENT THAT THE OWNER AND/OR ADULT OCCUPANT HAS RECEEIVED THE RENOVTION PAMPHLET, THE LEAD-SAFE CERTIFIED GUIDE TO RENOVATE RIGHT, FROM THE RESPONDENT, OR, ALTERNATIVELY, FAILED TO OBTAIN A CERTIFICATE OF MAILING OF THE PAMPHLET, AT LEAST 7 DAYS PRIOR TO THE START OF THE RENOVATION WORK, AS REQUIRED BY 40 CFR SECTION 745.84. RESPONDENT FAILED TO INSURE THAT A CERTIFIED RENOVATOR WAS ASSIGNED TO EACH RENOVATION PERFORMED BY THE FIRM AND THAT THE RENOVATOR DISCHARGED ALL OFTHE CERTIFIED RENOVATOR RESPONSIBILITIES IDENTIFIED IN 40 C.F.R SECTION 745.90, AS REQUIRED 40 C.F.R SECTION 745.89. RESPONDENT, FAILED, AS A RENOVATOR, TO OBTAIN A COURSE COMPLETION CERTIFICATE (PROOF OF CERTIFICATION), PRIOR TO PERFORMING RENOVATOR OR DUST SAMPLING ACTIVITIES AS REQUIRED BY 40 C.F.R. SECTION 745.90.

Defendants (2)

• HENDERSON & ASSOCIATES, L.L.C. (SB)Named in complaintNamed in settlement
• HENDERSON, DARYL (SB)Named in complaintNamed in settlement

Facilities (1)

• BAYSIDE GARDENS

  1351 GULF BOULEVARD, CLEARWATER, FL, 33767

  Registry ID: 110055227491

Statutes cited

• TSCA 402 — Lead-Based Paint Activities, Training and/or Certification
• TSCA 406B — Lead: Pre-Renovation Education Rule

Enforcement conclusions (1)

• HENDERSON & ASSOCIATES SERVICES, L.L.C. AND DARYL HENDERSONentered 2013-04-11

  Primary law: TSCA

  Federal penalty: $600

Timeline (4 milestones)

• 2013-04-11Final Order Issued
• 2013-04-11Complaint Filed/Proposed Order
• 2013-04-24Enforcement Action Data Entered
• 2013-05-20Enforcement Action Closed