EPA v. Evander's Construction LLC

Case summary

On October 3, 2022, EPA Region 6 issued a Consent Agreement and Final Order (CAFO) pursuant to Section 16(a) of the Toxic Substances Control Act (TSCA) to Evander's Construction LLC of Wylie, TX. The CAFO was issued for alleged violations of Section 409 of TSCA, 15 U.S.C. Section 2689, by failing to comply with the regulatory requirements of 40 C.F.R. Part 745, Subpart E. Specifically: Count 1. Failure to obtain firm re-certification when continuing to perform renovations after the initial firm certification expired, in violation of 40 C.F .R. Part 745.81(a)(2)(ii) and Section 409 of TSCA, 15 U.S.C. Section 2689. Counts 2 through 4. Failure to assign a certified renovator to renovations at each of three properties, in violation of 40 C.F.R. Part 745.89(d)(2) and Section 409 of TSCA, 15 U.S.C. Section 2689. Counts 5 through 7. Failure to prepare and retain records documenting compliance with the requirements of 40 C.F.R. Part 745.85 for renovations performed at each of three properties, in violation of 40 C.F.R. Part 745.86(a) and 745.86(b)(6) and Section 409 of TSCA, 15 U.S.C. Section 2689. The respondent has agreed to pay a civil administrative penalty of $5,000.

Defendants (1)

• Evander's Construction LLCNamed in complaintNamed in settlement

Facilities (4)

• EVANDER'S CONSTRUCTION LLC

  1786 NORTH HIGHWAY 78 SUITE B, WYLIE, TX, 75098

  Registry ID: 110070890712

• RESIDENCE

  10129 TIMBER TRAIL DR, DALLAS, TX, 75229

  Registry ID: 110071344368

• RESIDENCE

  9146 CORK LN, DALLAS, TX, 75231

  Registry ID: 110071344376

• RESIDENCE

  6818 SHERBURNE DR, DALLAS, TX, 75231

  Registry ID: 110071344371

Statutes cited

• TSCA 402C — Lead: RRP

Enforcement conclusions (1)

• Evander's Construction LLCentered 2022-10-03

  Primary law: TSCA

  Federal penalty: $5,000

Timeline (3 milestones)

• 2022-10-03Complaint Filed/Proposed Order
• 2022-10-03Final Order Issued
• 2022-10-21Enforcement Action Data Entered