EPA v. WINDOWS PLUS OF PENSACOLA

Case summary

2/21/17 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $5,550. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: BASED ON INFORMATION PROVIDED BY RESPONDENT TO THE EPA, DATED AUGUST 11, 2016, THE EPA ALLEGES THAT RESPONDENT VIOLATED SECTIONS 402 AND 406 OF TSCA AND 40 CFR PART 745, SUBPART E AS FOLLOWS: A. RESPONDENT FAILED TO OBTAIN INTITAL LEAD CERTIFICATION FROM THE EPA BEFORE CONDUCTING RENOVATIONS ON ANY PRE-1978 PROPERTIES FOR COMPENSATION UNDER 40 CFR SECTION 745.89(a) PURSUANT TO 40 CFR SECTION 745.81(a)(2)(ii). B. RESPONDENT FAILED TO PROVIDE A COPY OF THE EPA'S LEAD HAZARD INFORMATION PAMPHLET, ENTITLED RENOVATED RIGHT UNDER 40 CFR SECTION 745.84(b)(1)(I) PURSUANT TO 40 CRR SECTION 745.84(a)(1); TO EACH OWNER OF THE PROPERTIES IDENTIFIED, AN FAILED TO OBTAIN WRITTEN ACKNOWLEDGEMENT FROM THE OWNERS THAT HAD RECEIVED THE PAMPHLETS; AND C. RESPONDENT FAILED TO ESTABLISH AND MAINTAIN RECORDS, OR TO MAKE AVAILABLE SUCH RECORDS, UNDER 40 CFR SECTION 745.86(b) PURSUANT TO 40 CFR SECTION 745.87(b).

Defendants (1)

• WINDOWS PLUS OF PENSACOLANamed in complaintNamed in settlement

Facilities (1)

• WINDOWS PLUS OF PENSACOLA

  2626 NORTH T STREET, PENSACOLA, FL, 32502

  Registry ID: 110069493168

Statutes cited

• TSCA 406B — Lead: Pre-Renovation Education Rule
• TSCA 402C — Lead: RRP

Enforcement conclusions (1)

• WINDOWS PLUS OF PENSACOLAentered 2017-02-21

  Primary law: TSCA

  Federal penalty: $5,550

Timeline (3 milestones)

• 2017-02-21Final Order Issued
• 2017-02-21Complaint Filed/Proposed Order
• 2017-02-28Enforcement Action Data Entered