EPA v. KRUEGER CONSTRUCTION, LLC

Case summary

4/18/2024 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $3,300 DUE WITHIN 30 DAYS AFTER THE EFFECTIVE DATE OF THIS CAFO. ALLEGED VIOLATIONS: ON OCTOBER 17, 2023, PURSUANT TO ITS AUTHORITY UNDER SECTION 11 OF TSCA, 15 U.S.C. ? 2610, THE EPA CONDUCTED AN INSPECTION OF RESPONDENT?S WORKSITE IN CHARLESTON, SOUTH CAROLINA (THE PROPERTY) WHERE RESPONDENT WAS CONDUCTING RENOVATIONS FOR COMPENSATION. THE PROPERTY WAS CONSTRUCTED BEFORE 1978 AND IS THEREFORE ?TARGET HOUSING? AS DEFINED AT 40 C.F.R. ? 745.103. UPON REVIEW OF RECORDS SUBMITTED ON OCTOBER 19, 2023, AND NOVEMBER 3, 2023 BY THE RESPONDENT, THE EPA ALLEGES THAT, IN THE COURSE OF THE RENOVATION OF THE PROPERTY AS SET FORTH, RESPONDENT FAILED TO: A. OBTAIN FIRM RECERTIFICATION BEFORE CONDUCTING RENOVATION WORK AT THE PROPERTY, IN VIOLATION OF 40 C.F.R. ? 745.89(B)(1)(III); B. OBTAIN A WRITTEN ACKNOWLEDGMENT FROM THE OWNER OR OCCUPANT THAT INCLUDES A STATEMENT RECORDING THE OWNER OR OCCUPANT'S NAME AND ACKNOWLEDGING RECEIPT OF THE LEAD HAZARD INFORMATION PAMPHLET PRIOR TO THE START OF RENOVATION, THE ADDRESS OF THE UNIT UNDERGOING RENOVATION, THE SIGNATURE OF THE OWNER OR OCCUPANT AS APPLICABLE, AND THE DATE OF SIGNATURE, IN VIOLATION OF 40 C.F.R. ? 745.84(D)(1); C. ENSURE THAT THE INDIVIDUAL DIRECTING RENOVATIONS ON BEHALF OF THE FIRM WAS A CERTIFIED RENOVATOR OR HAD BEEN TRAINED BY A CERTIFIED RENOVATOR IN ACCORDANCE WITH 40 C.F.R. ? 745.90 PRIOR TO DIRECTING RENOVATIONS, IN VIOLATION OF 40 C.F.R. ? 745.89(D)(1); AND D. RETAIN ALL RECORDS NECESSARY PERTAINING TO THE RENOVATION TO DEMONSTRATE COMPLIANCE WITH 40 C.F.R. PART 745, SUBPART E, FOR A PERIOD OF THREE YEARS FOLLOWING COMPLETION OF THE RENOVATION ACTIVITIES, IN VIOLATION OF 40 C.F.R. ? 745.86(A).

Defendants (1)

• KRUEGER CONSTRUCTION, LLCNamed in complaintNamed in settlement

Facilities (2)

• KRUEGER CONSTRUCTION, LLC

  1008 KING MOUNTAIN DRIVE, SUMMERVILLE, SC, 29483

  Registry ID: 110071537769

• KRUEGER CONSTRUCTION, LLC (RENOVATION SITE)

  138 SOUTH BATTERY STREET, CHARLESTON, SC, 29401

  Registry ID: 110071813517

Statutes cited

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

Enforcement conclusions (1)

• KRUEGER CONSTRUCTION, LLCentered 2024-04-18

  Primary law: TSCA

  Federal penalty: $3,300

Timeline (4 milestones)

• 2024-04-18Complaint Filed/Proposed Order
• 2024-04-18Final Order Issued
• 2024-05-14Enforcement Action Closed
• 2024-07-12Enforcement Action Data Entered