EPA v. Midwest College Painters, LLC

Case summary

On August 12, 2013, Region 5 filed a Part 22 CAFO concluding a TSCA § 16(a) administrative action against Midwest College Painters, LLC (Midwest), a now dissolved Michigan corporation. On or about June 13, 2011, Midwest entered into a contract to perform an exterior renovation at a single-family dwelling in Lansing, Michigan. The home was constructed in 1905 and therefore “target housing” subject to TSCA §§ 402 and 406 and the lead Renovation, Repair, and Painting Rule at 40 C.F.R. Part 745, Subpart E (RRP). Midwest was notified that a pregnant woman and four-year-old child lived in the home. On or about July 18, 2011, Midwest performed the renovation, but without firm certification from EPA under 40 C.F.R. § 745.89, without providing the homeowners with the Renovate Right pamphlet, without retaining documentation of compliance with the RRP work practice standards, and without eliminating all paint chips and debris and sealing them in a heavy-duty bag. On January 9, 2013, EPA filed a complaint in this matter alleging 5 violations of TSCA and the RRP and seeking a penalty of $116,500. While Midwest did not answer the complaint, it filed for dissolution with the State of Michigan and provided EPA with financial information showing that it qualified for consideration under the RRP microbusiness policy and had limited ability to pay a penalty. Upon consideration of the relevant enforcement penalty policies and Midwest’s ability to pay, EPA determined that it was appropriate and consistent with those policies to resolve this matter with a penalty of $500. The CAFO will be signed by both members of Midwest, and both will certify that they are no longer engaged in activities subject to the RRP and will only engage in such activities in the future in accordance with TSCA and the RRP.

Defendants (2)

• Antonio Lombardo SBNamed in complaintNamed in settlement
• Josh Lee SBNamed in complaintNamed in settlement

Facilities (1)

• MIDWEST COLLEGE PAINTERS, LLC

  519 EAST EDGEWOOD BLVD. APT. 707, LANSING, MI, 48911-5920

  Registry ID: 110055174902

Statutes cited

• TSCA 402C — Lead: RRP

Enforcement conclusions (1)

• Midwest College Painters, LLCentered 2013-08-12

  Primary law: TSCA

  Federal penalty: $500

Timeline (3 milestones)

• 2013-01-09Complaint Filed/Proposed Order
• 2013-08-12Final Order Issued
• 2013-08-13Enforcement Action Data Entered