EPA v. Canter Construction, LLC

Case summary

SEPTEMBER 19, 2023 - CONSENT AGREEMENT Respondent is, and was at all times relevant to this CAFO, a firm that performs renovations for compensation as those terms are defined at 40 C.F.R. ? 745.83. On June 8, 2022, pursuant to its authority under Section 11 of TSCA, 15 U.S.C. ? 2610, an EPA inspector conducted an inspection at Respondent's office located at 1736 Grimball Road, Charleston, South Carolina 29412, for the purpose of evaluating Respondent's compliance with 40 C.F.R. Part 745, Subpart E. During the inspection, the EPA inspector requested that Respondent provide for the EPA's review certain records pertaining to renovation work conducted by Respondent on target housing. Respondent stated that it did not have renovation records in its office, but would email them to the EPA by June 17, 2022. On June 16, 2022, and February 6, 2023, Respondent emailed certain records to the EPA pertaining to renovations conducted at the following locations (hereinafter, the Properties ): a. 1563 Sanford Road, Charleston, South Carolina 29407, renovation on or about January 28, 2020; b. 723 Grimball Farms Lane, Charleston, South Carolina 29412, renovation on or about February 3, 2021; c. 46 Avondale Avenue, Charleston, South Carolina 29407, renovation on or about March 3, 2021; d. 113 W. Hudson Avenue, Folly Beach, South Carolina 29439, renovation on or about March 3, 2022; and e. 1046 Grand Concourse Street, Charleston, South Carolina 29412, renovation on or about March 3, 2022. The Properties were constructed before 1978 and are therefore target housing as defined at 40 C.F.R. ? 745.103. The records submitted by Respondent showed that at the time the renovation work was being performed at the Properties, Respondent had not: a. Obtained firm certification as required by 40 C.F.R. ?? 745.8l(a)(2)(ii) and 745.89(a); b. Provided an EPA-approved lead hazard information pamphlet to the owners of the Properties prior to beginning the renovation work as required by Section 406 of TSCA, 15 U.S.C. ? 2686, and 40 C.F.R. ? 745.84(a)(l); and c. Ensured that all individuals performing renovation activities on behalf of Respondent are either certified renovators or are trained by a certified renovator as required by 40 C.F.R. ?? 745.8l(a)(2)(ii) and 745.89(d)(l). Based on a review of the records provided by Respondent on June 16, 2022, and February 6, 2023, and Respondent's statements made during the show cause meeting held on March 29, 2023, the EPA alleges that with respect to the renovations performed at the Properties, Respondent failed to: a. Apply to the EPA and obtain firm certification to perform, offer, or claim to perform renovations for compensation in violation of 40 C.F.R.?? 745.8l(a)(2)(ii) and 745.89(a); b. Provide an EPA-approved lead hazard information pamphlet to the owners of the Properties prior to beginning the renovation work in violation of Section 406 of TSCA, 15 U.S.C. ? 2686, and 40 C.F.R.? 745.84(a)(l); and c. Ensure that all individuals performing renovation activities on behalf of the firm were either certified renovators or were trained by a certified renovator in violation of 40 C.F.R. ? 745.89(d)(l).

Defendants (1)

• Canter Construction, LLCNamed in complaintNamed in settlement

Facilities (5)

• CANTER CONSTRUCTION, LLC (RESIDENTIAL RESIDENCE)

  1046 GRAND CONCOURSE ST., CHARLESTON, SC, 29412

  Registry ID: 110071498029

• CANTER CONSTRUCTION, LLC (RESIDENTIAL RESIDENCE)

  113 W HUDSON AVENUE, FOLLY BEACH, SC, 29439

  Registry ID: 110071498032

• CANTER CONSTRUCTION, LLC (RESIDENTIAL RESIDENCE)

  46 AVONDALE AVE., CHARLESTON, SC, 29407

  Registry ID: 110071498031

• CANTER CONSTRUCTION, LLC (RESIDENTIAL RESIDENCE)

  1563 SANFORD RD., CHARLESTON, SC, 29407

  Registry ID: 110071498030

• CANTER CONSTRUCTION, LLC

  1736 GRIMBALL ROAD, CHARLESTON, SC, 29412

  Registry ID: 110071293241

Statutes cited

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

Enforcement conclusions (1)

• Canter Construction, LLCentered 2023-09-19

  Primary law: TSCA

  Federal penalty: $19,400

Timeline (3 milestones)

• 2023-09-19Final Order Issued
• 2023-09-19Complaint Filed/Proposed Order
• 2023-10-05Enforcement Action Data Entered