Document G6rDQr2qobEGq4J8NebazkejV

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6 1201 Elm Street, Suite 500 Dallas, Texas 75270 FILED 05 MAR 24 PM 04:11 In the Matter of Magic Renovations and Repair, Respondent. REGIONAL HEARING CLERK EPA REGION 6 Docket No. TSCA-06-2024-6164 CONSENT AGREEMENT AND FINAL ORDER Preliminary Statement The U.S. Environmental Protection Agency, Region 6 ("EPA" or "Complainant"), and Magic Renovations and Repair ("Respondent") have agreed to a settlement of this action before the filing of a complaint, and thus this action is simultaneously commenced and concluded pursuant to Rules 22.13(b) and 22.18(b )(2) of the Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation/Termination or Suspension of Permits, 40 C.F.R. 22.13(b) and 22.18(b)(2). Jurisdiction 1. This proceeding is an administrative action for the assessment of civil penalties initiated pursuant to Section 16(a) of the Toxic Substances Control Act ("TSCA"), 15 U.S.C. 2615{a). 2. This Consent Agreement and Final Order serves as notice that the EPA has reason to believe that Respondent has violated Section 409 of TSCA, 15 U.S.C. 2689, by failing to comply with the regulatory requirements of 40 C.F.R. Part 745, Subpart E. Parties In the Matter of Magic Renovations and Repair Docket No. TSCA-06-2024-6164 3. Complainant is the Director of Enforcement and Compliance Assurance Division of the EPA, Region 6, as duly delegated by the Administrator of the EPA and the Regional Adm inistrator, EPA, Region 6. 4. Respondent is Magic Renovations and Repair, a company formed in the state of Louisiana and conducting business in the state of Louisiana. Statutory and Regulatory Background 5. TSCA was amended with the Residential Lead-Based Paint Hazard Reduction Act of 1992, 42 U.S.C. 4851 to 4856, with the addition of Title IV - Lead Exposure Reduction, Section 401 to 412 ofTSCA, 15 U.S.C. 2681 to 2692. One of the stated purposes of the Act is to implement a broad program to reduce lead-based paint hazards in the Nation's housing stock. 42 U.S.C. 4851. 6. Pursuant to Sections 402, 406, and 407 of TSCA, 15 U.S.C. 2682, 2686, and 2687, the EPA promulgated the Lead, Renovation, Repair and Painting (RRP) Rule at 40 C.F.R. Part 745, Subpart E- Residential Property Renovation, to ensure that owners and occupants of target housing and child-occupied facilities receive information on lead-based paint hazards before renovations begin; and individuals and firms performing renovations are certified and following work practice standards during the renovations. 40 C.F.R. 745.80. 7. The requirements set forth in the regulations at 40 C.F.R. Part 745, Subpart E, Residential Property Renovation, apply to all renovations performed for compensation in target Page 2 of 13 In the Matter of Magic Renovations and Repair Docket No. TSCA-06-2024-6164 housing and child-occupied facilities, unless otherwise excluded as set forth in 40 C.F.R. 745.82. 8. The regulation at 40 C.F.R. 745.87(a) provides that failure or refusal to comply with any provision of 40 C.F.R. Part 745, Subpart E, is a violation of Section 409 of TSCA, 15 U.S.C. 2689. Section 409 of TSCA, 15 U.S.C. 2689, provides that it shall be unlawful for any person to fail to comply with, inter alia, any provision of 40 C.F.R. Part 745, Subpart E. 9. Section 16{a) of TSCA, 15 U.S.C. 2615{a), as amended, and 40 C.F.R. 745.87(d), authorize a civil penalty of not more than $37,500 per day for violations of Section 409 of TSCA, 15 U.S.C. 2689. The Debt Collection Improvement Act of 1996, 31 U.S.C. 3701, as amended, and the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, 28 U.S.C. 2461, and implementing regulations at 40 C.F.R. Part 19, increased these statutory maximum penalties to $48,512 for violations that occur after November 2, 2015, and for which penalties are assessed on or after December 27, 2023. Definitions 10. The regulation at 40 C.F.R. 745.83 defines "person" as any natural or judicial person including any individual, corporation, partnership, or association; any Indian Tribe, State, or political subdivision thereof; any interstate body; and any department, agency, or instrumentality of the Federal Government. 11. The regulation at 40 C.F.R. 745.83 defines "renovation" as the modification of any existing structure, or portion thereof, that results in the disturbance of painted surfaces, unless that activity is performed as part of an abatement as defined by 40 C.F.R. 745.223. The term renovation includes, but is not limited to, the removal, modification, or Page 3 of 13 In the Matter of Magic Renovations and Repair Docket No. TSCA-06-2024-6164 repair of painted surfaces or painted components (e.g., modification of painted doors, surface restoration, window repair, surface preparation activity (such as sanding, scraping, or other such activities that may generate paint dust)); the removal of building components (e.g., walls, ceilings, plumbing, windows); weatherization projects (e.g., cutting holes in painted surfaces to install blown-in insulation or to gain access to attics, planning thresholds to install weather stripping); and interim controls that disturb painted surfaces. 12. Section 401(17) of TSCA, 15 U.S.C. 2681(17), defines "target housing" as any housing constructed prior to 1978, except housing for the elderly or persons with disabilities or any zero-bedroom dwelling (unless any child who is less than six years of age resides or is expected to reside in such housing). 13. The regulation at 40 C.F.R. 745.83 defines "firm" as a company, partnership, corporation, sole proprietorship or individual doing business, association, or other business entity; a Federal, State, Tribal, or local government agency; or a nonprofit organization. EPA Findings of Fact and Conclusions of Law 14. Respondent is, and at all times referred to herein was, a "person" as defined by 40 C.F.R. 745.83. 15. Respondent is, and at all times referred to herein was, a "firm" as defined by 40 C.F.R. 745.83. 16. Pursuant to Section 11 of TSCA, 15 U.S.C. 2610, the EPA conducted an inspection on May 24, 2023, to evaluate Respondent's compliance with TSCA and the RRP Rule. 17. At the time of the EPA inspection, and at all times referred to herein, Respondent was engaged in "renovations" as defined by 40 C.F.R. 745.83. Page 4 of 13 In the Matter of Magic Renovations and Repair Docket No. TSCA-06-2024-6164 18. At the time of the EPA inspection, and at all times referred to herein, Respondent performed a "renovation ... for compensation" per 40 C.F.R. 745.82(a) at a property in New Orleans, Louisiana {1204 Mazant St, New Orleans, LA 70123) (the "Property") that was "target housing'' as defined by Section 401(17) of TSCA, 15 U.S.C. 2681(17). 19. On November 30, 2023, the EPA sent Respondent a Notice of Potential Violation and Opportunity to Confer letter. On January 17, 2024, the EPA responded to the documentation and information received from Respondent as a result of the opportunity to confer and articulated the EPA's position concerning Respondent's compliance with TSCA. 20. As a result of the EPA inspection and additional information obtained by the EPA, Complainant has determined that violations of the RRP Rule and Section 409 of TSCA, 15 U.S.C. 2689, occurred as a result of Respondent's renovation activity at the Property. EPA Findings of Violation 21. The facts stated in the EPA Findings of Fact and Conclusions of Law above are herein incorporated. 22. Complainant hereby states and alleges that Respondent has violated TSCA and the federal regulations promulgated thereunder as follows: Count 1 23. With certain exceptions not relevant here, 40 C.F.R. 745.81(a)(2)(ii) prohibits firms from performing, offering, or claiming to perform renovations without certification from EPA under 40 C.F.R. 745.89 in target housing or child-occupied facilities. Pursuant to 40 C.F.R. 745.89(a)(l), firms that perform renovations for compensation must apply to EPA for certification to perform renovations. Page 5 of 13 In the Matter of Magic Renovations and Repair Docket No. TSCA-06-2024-6164 24. Respondent had not applied to the EPA nor obtained certification pursuant to 40 C.F.R. 745.89 from the EPA prior to performing the renovation at the Property. 25. Respondent's failure to obtain certification from the EPA prior to performing a renovation in target housing pursuant to 40 C.F.R. 745.89 is a violation of 40 C.F.R. 745.81(a)(2)(ii) and Section 409 of TSCA, 15 U.S.C. 2689. Count 2 26. Pursuant to 40 C.F.R. 745.89(d)(2), firms performing renovations must ensure that a certified renovator is assigned to each renovation performed by the firm and discharges all the certified renovator responsibilities identified in 40 C.F.R. 745.90. 27. Respondent failed to assign a certified renovator to the renovation performed by the firm at the Property. 28. Respondent's failure to assign a certified renovator to the renovation at the Property is a violation of 40 C.F.R. 745.89(d)(2) and Section 409 of TSCA, 15 U.S.C. 2689. Count 3 29. Pursuant to 40 C.F.R. 745.84(a)(l), no more than sixty (60) days before beginning renovation activities in any residential dwelling unit of target housing, the firm performing the renovation must provide the owner of the unit with the EPA pamphlet titled Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools. 30. Respondent failed to provide the owner of the Property with the EPA pamphlet prior to beginning renovation activities. 31. Respondent's failure to provide the EPA pamphlet to the owner of the Property Page 6 of 13 In the Matter of Magic Renovations and Repair Docket No. TSCA-06-2024-6164 prior to beginning renovation activities is a violation of 40 C.F.R. 745.84(a)(l) and Section 409 of TSCA, 15 U.S.C. 2689. Count 4 32. Pursuant to 40 C.F.R. 745.86(a), firms performing renovations must retain, and, if requested, make available to EPA all records necessary to demonstrate compliance with the RRP Rule for a period of 3 years following completion of the renovation. 33. Pursuant to 40 C.F.R. 745.86(b)(6), one of the records that must be retained for inspection is documentation of compliance with the requirements of 40 C.F.R. 745.85, including documentation that a certified renovator was assigned to the project, that the certified renovator provided on-the-job training for all workers used on the project, that the certified renovator performed or directed workers who performed all of the tasks described in 40 C.F.R. 745.85{a), and that the certified renovator performed the post-renovation cleaning verification described in 40 C.F.R. 745.85{b). 34. Respondent failed to prepare and retain records documenting compliance with the requirements of 40 C.F.R. 745.85 as required by 40 C.F.R. 745.86{a) and 745.86{b)(6) for the renovation performed at the Property. 35. Respondent's failure to prepare and retain records documenting compliance with the requirements of 40 C.F.R. 745.85 for the renovation at the Property is a violation of 40 C.F.R. 745.86(a) and 745.86(b)(6) and Section 409 of TSCA, 15 U.S.C. 2689. CONSENT AGREEMENT 36. For the purpose of this proceeding, as required by 40 C.F.R. 22.18(b)(2), Respondent: Page 7 of 13 In the Matter of Magic Renovations and Repair Docket No. TSCA-06-2024-6164 a. admits the jurisdictional allegations set forth herein; b. neither admits nor denies the specific factual allegations stated herein; c. consents to the assessment of a civil penalty, as stated herein; d. consents to the issuance of any specified compliance or corrective action order; e. consents to any conditions specified herein; f. consents to any stated Permit Action; g. waives any right to contest the allegations set forth herein; and h. waives its rights to appeal the Final Order accompanying this Consent Agreement. 37. Respondent consents to the issuance of this Consent Agreement and Final Order and consents for the purposes of settlement to the payment of the civil penalty specified herein. 38. Respondent and EPA agree to conciliate this matter without the necessity of a formal hearing and to bear their respective costs and attorneys' fees. Penalty Payment 39. Respondent agrees that, in settlement of the claims alleged herein, Respondent shall pay a civil penalty of Three Hundred Twenty-Four Dollars and Seventy-Nine Cents ($324.79), as set forth below. 40. Respondent shall pay the penalty within thirty (30) days of receiving notice of the effective date of the Final Order. Such payment shall identify Respondent by name and Page 8 of 13 In the Matter of Magic Renovations and Repair Docket No. TSCA-06-2024-6164 docket number and shall be by certified or cashier's check made payable to the "United States Treasury" and sent to: U.S. Environmental Protection Agency Fines and Penalties Cincinnati Finance Center PO Box 979077 St. Louis, Missouri 63197-9000 or by alternate payment method described at http://www.epa.gov/financial/makepayment. 41. A copy of the check or other information confirming payment shall simultaneously be sent by electronic mail to the following: Lorena S. Vaughn Regional Hearing Clerk U.S. Environmental Protection Agency, Region 6 1201 Elm Street, Suite 500 {ORC) Dallas, Texas 75270-2102 vaughn.lorena@epa.gov; and Stan Lancaster Enforcement and Compliance Assurance Division Toxics Enforcement Section U.S. Environmental Protection Agency, Region 6 1201 Elm Street, Suite 500 {ECDST) Dallas, Texas 75270-2101 lancaster.stan@epa.gov@epa.gov 42. Respondent understands that its failure to timely pay any portion of the civil penalty may result in the commencement of a civil action in Federal District Court to recover the full remaining balance, along with penalties and accumulated interest. In such case, interest shall begin to accrue on a civil or stipulated penalty from the date of delinquency until such civil or stipulated penalty and any accrued interest are paid in full. 31 C.F.R. 901.9{b){l). Interest will be assessed at a rate of the United States Treasury Tax and loan rates in accordance with 31 U.S.C. 3717. Additionally, a charge will be assessed to cover the costs of debt collection Page 9 of 13 In the Matter of Magic Renovations and Repair Docket No. TSCA-06-2024-6164 including processing and handling costs, and a non-payment penalty charge of six percent {6%) per year compounded annually will be assessed on any portion of the debt which remains delinquent more than ninety (90) days after payment is due. 31 U.S.C. 3717{e){2). Effect of Settlement and Reservation of Rights 43. Full payment of the penalty proposed in this Consent Agreement shall only resolve Respondent's liability for federal civil penalties for the violations alleged herein. Complainant reserves the right to take any enforcement action with respect to any other violations of TSCA or any other applicable law. 44. The effect of settlement described in the immediately preceding paragraph is conditioned upon the accuracy of Respondent's representations to the EPA, as memorialized in paragraph directly below. 45. Respondent certifies by the signing of this Consent Agreement that it is presently in compliance with all requirements of TSCA and its implementing regulations. 46. Full payment of the penalty proposed in this Consent Agreement shall not in any case affect the right of the Agency or the United States to pursue appropriate injunctive or other equitable relief or criminal sanctions for any violations of law. This Consent Agreement and Final Order does not waive, extinguish or otherwise affect Respondent's obligation to comply with all applicable provisions of TSCA and regulations promulgated thereunder. 47. Complainant reserves the right to enforce the terms and conditions of this Consent Agreement and Final Order. Page 10 of 13 In the Matter of Magic Renovations and Repair Docket No. TSCA-06-2024-6164 General Provisions 48. By signing this Consent Agreement, the undersigned representative of Respondent certifies that it is fully authorized to execute and enter into the terms and conditions of this Consent Agreement and has the legal capacity to bind the party it represents to this Consent Agreement. 49. This Consent Agreement shall not dispose of the proceeding without a final order from the Regional Judicial Officer or Regional Administrator ratifying the terms of this Consent Agreement. This Consent Agreement and Final Order shall be effective upon the filing of the Final Order by the Regional Hearing Clerk for EPA, Region 6. Unless otherwise stated, all time periods stated herein shall be calculated in calendar days from such date. 50. The penalty specified herein shall represent civil penalties assessed by EPA and shall not be deductible for purposes of Federal, State, and local taxes. 51. This Consent Agreement and Final Order shall apply to and be binding upon Respondent and Respondent's agents, successors and/or assigns. Respondent shall ensure that all contractors, employees, consultants, firms, or other persons or entities acting for Respondent with respect to matters included herein comply with the terms of this Consent Agreement and Final Order. 52. The EPA and Respondent agree to the use of electronic signatures for this matter pursuant to 40 C.F.R. 22.6. The EPA and Respondent further agree to electronic service of this Consent Agreement and Final Order by email to the following: To EPA: george.elizabeth.a@epa.gov To Respondent: magicrr711@gmail.com Page 11 of 13 RESPONDENT MAGIC RENOVATIONS AND REPAIR In the Matter of Magic Renovations and Repair Docket No. TSCA-06-2024-6164 Date: 03/4/2024 By: Signature Ethan Madison Print Name Owner Title COMPLAINANT U.S. ENVIRONMENTAL PROTECTION AGENCY Date: March 4, 2024 Digitally signed by Cheryl T. Seager Date: 2024.03.04 16:00:37 -06'00' Cheryl T. Seager Director Enforcement and Compliance Assurance Division U.S. EPA, Region 6 Page 12 of 13 In the Matter of Magic Renovations and Repair Docket No. TSCA-06-2024-6164 FINAL ORDER Pursuant to Section 16(a) of TSCA, 15 U.S.C. 2615{a), and the Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation/ Termination or Suspension of Permits, 40 C.F.R. Part 22, the foregoing Consent Agreement resolving this matter is hereby ratified and incorporated by reference into this Final Order. Respondent is ORDERED to comply with all of the terms of the Consent Agreement. In accordance with 40 C.F.R. 22.31(b), the effective date of the foregoing Consent Agreement and this Final Order is the date on which this Final Order is filed with the Regional Hearing Clerk. This Final Order shall resolve only those causes of action alleged in the Consent Agreement. Nothing in this Final Order shall be construed to waive, extinguish, or otherwise affect Respondent's (or its officers, agents, servants, employees, successors, or assigns) obligation to comply with all applicable federal, state, and local statutes and regulations, including the regulations that were the subject of this action. IT IS SO ORDERED. THOMAS RUCKI Digitally signed by THOMAS RUCKI Date: 2024 .03.05 10:37 :16 -05'00' Thomas Rucki Regional Judicial Officer Date Page 13 of 13 CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing Consent Agreement and Final Order was filed with me, the Regional Hearing Clerk, U.S. EPA, Region 6, 1201 Elm Street, Dallas, Texas 75270-2102, and that I sent a true and correct copy on this day in the following manner to the email addresses: Copy via Email to Complainant, EPA: george.elizabeth.a@epa.gov Copy via Email to Respondent: magicrr711@gmail.com Magic Renovations and Repair 5433 Chartres Street New Orleans, LA 70117 LORENA VAUGHN Digitally signed by LORENA VAUGHN Date: 2024.03.05 16:16:02 -06'00' Regional Hearing Clerk U.S. EPA, Region 6