The U.S. Environmental Protection Agency (EPA) settled with over a hundred contractors and training providers on more than $1 million worth of civil penalties for violations relating to the Lead Paint Renovation, Repair and Painting Rule.
Many of the alleged violations occurred between May 2013 and January 2014 and included instances where contractors failed to obtain certification for renovation on homes built before lead paint was banned in 1978, and instances where contractors failed to comply with required lead-safe work practices. Many more contractors face substantial fines for work conducted after the Rule implementation and before they obtained the necessary certification. In some instances, contractors have been fined even if they did have the appropriate certification but because of poor record keeping when they were audited. As fines can easily range well over $100,000 for even a couple of homes that violated the Rule, it is very important to retain counsel prior to negotiating with the EPA. We have experience in negotiating the fines and success in having the EPA reduce the fines of over 50% of their initial demand. The ability to negotiate fines with the EPA and the success in reducing the amount of fines can be highly variable based on many factors such as the work performed and the financial ability to pay of the company.