EPA v. Clear Choice Windows & Siding

Case summary

On August 20, 2014, Region 5 filed a Part 22 CAFO commencing and concluding a TSCA § 16(a) administrative action against Clear Choice Windows & Siding, Inc. (Clear Choice), a business entity in Springfield, Illinois. On January 18, 2012, EPA received a complaint alleging that Clear Choice was not in compliance with lead safe work practices required by the TSCA Renovation, Repair, and Painting Rule (RRP) and the Pre-Renovation Education Rule (PRE). See 40 C.F.R. Part 745, Subparts E and L. Subsequent responses to EPA information requests revealed that Clear Choice had retained no acknowledgements of residential owners’ receipt of the Renovate Right pamphlet, no documentation of compliance with RRP work practice standards, and no initial RRP certification from EPA for eighty-six renovations on pre-1978 housing from April 2010 to November 2011. After considering the relevant enforcement penalty policies and Clear Choice’s ability-to-pay, EPA determined that it was appropriate to accept Clear Choice’s offer to settle the matter with a penalty of $2,000. In the CAFO, Clear Choice certifies that it has implemented new recordkeeping standard operating procedures to ensure compliance with the RRP and PRE Rules.

Defendants (1)

• Clear Choice Windows & Siding, Inc.Named in complaintNamed in settlement

Facilities (1)

• CLEAR CHOICE WINDOWS & SIDING, INC

  3010 E. ASH STREET, SPRINGFIELD, IL, 62703

  Registry ID: 110045472181

Statutes cited

• TSCA 402C — Lead: RRP

Enforcement conclusions (1)

• Clear Choice Windows & Sidingentered 2014-08-20

  Primary law: TSCA

  Federal penalty: $2,000

Timeline (4 milestones)

• 2014-08-20Complaint Filed/Proposed Order
• 2014-08-20Final Order Issued
• 2014-08-21Enforcement Action Data Entered
• 2014-09-18Enforcement Action Closed