EPA v. J.W. CONSTRUCTION OF RIDGELAND, LLC

Case summary

5/9/2024 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $2,200 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 SUBJECT WORKSITE (THE PROPERTY) WHERE RESPONDENT WAS CONDUCTING ?RENOVATIONS? AS THAT TERM IS DEFINED AT 40 C.F.R. ? 745.83, FOR COMPENSATION. THE PROPERTY WAS CONSTRUCTED BEFORE 1978 AND IS, THEREFORE, ?TARGET HOUSING? AS DEFINED AT 40 C.F.R. ? 745.103. BASED ON THE EPA?S REVIEW OF RESPONDENT?S RECORDS, THE EPA ALLEGES THAT, IN THE COURSE OF THE RENOVATION OF THE PROPERTY, RESPONDENT FAILED TO: A. 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); 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); AND C. 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)

• J.W. CONSTRUCTION OF RIDGELAND, LLCNamed in complaintNamed in settlement

Facilities (2)

• JW CONSTRUCTION OF RIDGELAND, LLC

  5420 HWY 162, HOLLYWOOD, SC, 29449

  Registry ID: 110071537764

• JW CONSTRUCTION OF RIDGELAND, LLC (RENOVATION SITE)

  1547 INVERNESS DRIVE, CHARLESTON, SC, 29412

  Registry ID: 110071813516

Statutes cited

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

Enforcement conclusions (1)

• J.W. CONSTRUCTION OF RIDGELAND, LLCentered 2024-05-09

  Primary law: TSCA

  Federal penalty: $2,200

Timeline (4 milestones)

• 2024-05-09Complaint Filed/Proposed Order
• 2024-05-09Final Order Issued
• 2024-07-12Enforcement Action Data Entered
• 2024-07-16Enforcement Action Closed