EPA v. 2ND GENERATION PAINTING

Case summary

3/22/2021 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $500.00. PENALTY DUE WITHIN 30 DAYS. ALLEGED VIOLATIONS: ON OR ABOUT JULY 5, 2018, THE EPA RECEIVED INFORMATION THAT CONSTRUCTION WORK WAS BEING CONDUCTED AT A PRIVATE RESIDENCE LOCATED AT 4020 TUTWILER AVENUE, MEMPHIS, TENNESSEE 38122 (HEREINAFTER ?THE PROPERTY?). UPON FURTHER INVESTIGATION, THE EPA DETERMINED THAT THE RESPONDENT WAS CONDUCTING ?RENOVATIONS? OF THE PROPERTY AS THAT TERM IS DEFINED BY 40 C.F.R. ? 745.83, FOR COMPENSATION, THAT THE PROPERTY WAS CONSTRUCTED PRIOR TO 1978 AND THEREFORE WAS ?TARGET HOUSING? AS DEFINED BY 40 C.F.R. ? 745.103, AND THAT AT THE TIME THAT THE RENOVATION WORK WAS BEING PERFORMED, RESPONDENT HAD NOT OBTAINED ?FIRM CERTIFICATION? AS REQUIRED BY 40 C.F.R. ?? 745.81(A)(2) AND 745.89(A). BASED ON THE FINDINGS OF THE EPA?S INVESTIGATION REFERENCED IN PARAGRAPH 17, THE EPA ALLEGES THAT, PRIOR TO PERFORMING THE RENOVATION, THE RESPONDENT FAILED TO: A. OBTAIN INITIAL EPA FIRM CERTIFICATION TO PERFORM THE RENOVATION, IN VIOLATION OF 40 C.F.R. ?? 745.81(A)(2)(II) AND 745.89(A).

Defendants (1)

• 2ND GENERATION PAINTINGNamed in complaintNamed in settlement

Facilities (2)

• 2ND GENERATION PAINTING

  11 SHORTY ROAD, BUFFALO, MO, 65622

  Registry ID: 110070923931

• 2ND GENERATION PAINTING

  4020 TUTWILER AVENUE, MEMPHIS, TN, 38122

  Registry ID: 110070681996

Statutes cited

• TSCA 402C — Lead: RRP

Enforcement conclusions (1)

• 2ND GENERATION PAINTINGentered 2021-03-22

  Primary law: TSCA

  Federal penalty: $500

Timeline (3 milestones)

• 2021-03-22Complaint Filed/Proposed Order
• 2021-03-22Final Order Issued
• 2021-03-30Enforcement Action Data Entered