Lead Paint Violations Result In $20M Fine

Lead Paint Violations Result In $20M Fine

Introduction

On December 17, a press release was issued by the U.S. Environmental Protection Agency (EPA) and the Department of Justice announcing a proposed nationwide settlement with Home Depot U.S.A. Inc. to resolve violations of the EPA’s Lead Renovation, Repair, and Painting (RRP) Rule across the country. The allegations were made by consumers from Illinois, Maine, Michigan, Minnesota, and Wisconsin who claimed that Home Depot’s contractors did no conduct lead-safe work practices and post-renovation cleaning as required by the EPA. Following the complaint, the EPA conducted a comprehensive review of renovations performed by Home Depot, which unveiled that it sent uncertified firms to perform renovations that required certified and trained firms. Several instances were also identified in which Home Depot failed to establish, retain, or provide compliance documentation associated with specific contractors. According to a consent decree filed with the District Court for the Northern District of Georgia, Home Depot is required to pay a fine of $20.75 million, which is considered to be the highest civil penalty obtained to date for a settlement under the Toxic Substances Control Act. The penalty includes a $75,000 payment to Utah, a $732,000 payment to Massachusetts, and a $50,000 payment to Rhode Island. Additionally, a comprehensive, corporate-wide program is required to be implemented to ensure inspections by certified professionals, along with specialized cleaning and verification if necessary. Public comment is being taken on the consent decree by the Justice Department, which has to be submitted within 30 days following the December 17 press release, and the same is subject to final court approval. Lead paint poisoning can result in brain injury, seizures, developmental problems, mental disabilities and other life-long complications. It is also considered one of the most preventable diseases among young children. Older homes and apartments are the hotspots for exposure to lead which the younger children might ingest purposefully or accidentally. The U.S. Centers for Disease Control and Prevention (CDC) analyzed data from the survey conducted by the National Health and Nutrition Examination during the years 1999 to 2002 and 2007 to 2010. The data states that 2.6% of children i.e. 535,000 children from the age segment of 1-5 years are at high risk of adverse effects as they have a high level of lead in their blood.