EPA v. MOCKINGBIRD BUILD, LLC

Case summary

4/22/2021 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $4,226.00. PENALTY DUE WITHIN 30 DAYS. ALLEGED VIOLATIONS: BASED ON THE EPA?S REVIEW OF DOCUMENTS AND INFORMATION RECEIVED ON FEBRUARY 23, 2021, THE EPA DETERMINED THAT IN THE COURSE OF THE RENOVATION OF SUBJECT PROPERTY, THE RESPONDENT: A. FAILED TO APPLY TO THE EPA AND OBTAIN FIRM CERTIICATION TO PERFORM, OFFER OR CLAIM TO PERFORM RENOVATION OR DUST SAMPLING FOR COMPENSATION, IN VIOLATION OF 40 C.F.R. ?? 745.81( E)(2)(II) AND 745.89(A); B. FAILED TO PROVIDE THE OWNER OF THE PROPERTY WITH THE EPA-APPROVED LEAD HAZARD INFORMATION PAMPHLET IN VIOLATION OF 40 C.F.R. ? 745.84(A)(1); C. FAILED TO RETAIN ALL RECORDS NECESSARY TO DEMONSTRATE COMPLIANCE WITH THE WORK PRACTICE STANDARDS FOR RESIDENTIAL PROPERTY RENOVATIONS FOR A PERIOD OF 3 YEARS FOLLOWING COMPLETION OF THE RENOVATION ACTIVITIES PURSUANT IN VIOLATION OF 40 C.F.R. ? 745.86(B)(6); AND D. FAILED AT THE CONCLUSION OF THE RENOVATION, TO ENSURE THAT WASTE THAT HAD BEEN COLLECTED FROM RENOVATION ACTIVITIES WAS STORED UNDER CONTAINMENT, IN AN ENCLOSURE, OR BEHIND A BARRIER THAT PREVENTS RELEASE OF DUST AND DEBRIS OUT OF THE WORK AREA AND PREVENTS ACCESS TO DEUST AND DEBRIS, IN VIOLATION OF 40 C.F.R. ? 745.85(A)(4)(II).

Defendants (1)

• MOCKINGBIRD BUILD, LLCNamed in complaintNamed in settlement

Facilities (2)

• MOCKINGBIRD BUILD LLC (RENOVATION SITE)

  1504 VANCE AVENUE, CHATTANOOGA, TN, 37404

  Registry ID: 110070945223

• MOCKINGBIRD BUILD LLC

  2313 EAST MAIN STREET, CHATTANOOGA, TN, 37404

  Registry ID: 110070923723

Statutes cited

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

Enforcement conclusions (1)

• MOCKINGBIRD BUILD, LLCentered 2021-04-22

  Primary law: TSCA

  Federal penalty: $4,226

Timeline (4 milestones)

• 2021-04-22Final Order Issued
• 2021-04-22Complaint Filed/Proposed Order
• 2021-05-11Enforcement Action Data Entered
• 2021-06-08Enforcement Action Closed