EPA v. MSJENKINS BUILDING SOLUTIONS, LLC

Case summary

7/9/2024 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $6,900 DUE WITHIN 30 DAYS AFTER THE EFFECTIVE DATE OF THIS CAFO. ALLEGED VIOLATIONS: ON OR AROUND SEPTEMBER 20, 2023, THE EPA RECEIVED A COMPLAINT REGARDING RENOVATION WORK BEING CONDUCTED AT A PRIVATE RESIDENCE LOCATED AT 308 PERRY AVENUE, GREENVILLE, SOUTH CAROLINA 29601 (?THE PROPERTY?). ON SEPTEMBER 21, 2023, PURSUANT TO ITS AUTHORITY UNDER SECTION 11 OF TSCA, 15 U.S.C. ? 2610, AN EPA INSPECTOR CONDUCTED AN INSPECTION AT THE PROPERTY WHERE RESPONDENT WAS IN THE PROCESS OF CONDUCTING A ?RENOVATION,? AS DEFINED AT 40 C.F.R. ? 745.83, FOR COMPENSATION. ON OCTOBER 3, 2023, RESPONDENT SUBMITTED RECORDS TO THE EPA FOR REVIEW AS REQUESTED DURING THE INSPECTION TO DETERMINE ITS COMPLIANCE WITH 40 C.F.R. PART 745, SUBPART E. BASED ON OBSERVATIONS DURING THE INSPECTION AND A REVIEW OF THE RESPONDENT?S RECORDS, THE EPA DETERMINED THAT AT THE TIME THE RENOVATION WORK WAS BEING PERFORMED AT THE PROPERTY, RESPONDENT HAD FAILED TO: A. APPLY FOR OR OBTAIN ?FIRM CERTIFICATION? O PERFORM, OFFER, OR CLAIM TO PERFORM RENOVATIONS FOR COMPENSATION, IN VIOLATION OF 40 C.F.R. ?? 745.81(A)(2)(II) AND 745.89(A)(1); B. PROVIDE THE OWNER OF THE PROPERTY WITH AN EPA-APPROVED LEAD HAZARD INFORMATION PAMPHLET IN VIOLATION OF SECTION 406 OF TSCA, 15 U.S.C. ? 2686 AND 40 C.F.R. ? 745.84(A)(1); AND C. COVER THE GROUND WITH PLASTIC SHEETING OR OTHER DISPOSABLE IMPERMEABLE MATERIAL EXTENDING 10 FEET BEYOND THE PERIMETER OF SURFACES UNDERGOING RENOVATION OR A SUFFICIENT DISTANCE TO COLLECT FALLING PAINT DEBRIS, WHICHEVER IS GREATER, UNLESS THE PROPERTY LINE PREVENTS 10 FEET OF SUCH GROUND COVERING, IN VIOLATION OF 40 C.F.R. ? 745.85(A)(2)(II)(C); D. CONTAIN WASTE FROM RENOVATION ACTIVITIES TO PREVENT RELEASES OF DUST AND DEBRIS BEFORE THE WASTE IS REMOVED FROM THE WORK AREA FOR STORAGE OR DISPOSAL AND TO COVER A CHUTE USED TO REMOVE WASTE FROM THE WORK AREA, IN VIOLATION OF 40 C.F.R. ? 745.85(A)(4)(I); AND E. COLLECT ALL PAINT CHIPS AND DEBRIS AND SEAL THE MATERIAL IN A HEAVY-DUTY BAG WITHOUT DISPERSING ANY OF IT, IN VIOLATION OF 40 C.F.R. ? 745.85(A)(5)(I)(A).

Defendants (1)

• MSJENKINS BUILDING SOLUTIONS, LLCNamed in complaintNamed in settlement

Facilities (2)

• MS JENKINS BUILDING SOLUTIONS, LLC

  120 TAYLOR ROAD, PIEDMONT, SC, 29673

  Registry ID: 110071498002

• MS JENKINS BUILDING SOLUTIONS, LLC (TARGET HOUSING)

  308 PERRY AVENUE, GREENVILLE, SC, 29601

  Registry ID: 110071819651

Statutes cited

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

Enforcement conclusions (1)

• MSJENKINS BUILDING SOLUTIONS, LLCentered 2024-07-09

  Primary law: TSCA

  Federal penalty: $6,900

Timeline (4 milestones)

• 2024-07-09Complaint Filed/Proposed Order
• 2024-07-09Final Order Issued
• 2024-08-08Enforcement Action Closed
• 2024-08-29Enforcement Action Data Entered