University to Pay Penalty, Replace Windows in EPA Lead-Paint Case

Washington University, St. Louis, has agreed to pay a $2,778 civil penalty and spend at least $24,998 to replace old windows in its married-student housing units to settle allegations that it failed to disclose the presence of lead-based paint or lead-based paint hazards to tenants prior to the leasing of some of its other housing units.

Under a civil consent agreement filed by the Environmental Protection Agency’s Region 7 office in Kansas City, Kan., the agency said Washington University leased three apartments near its main campus to student tenants in 2008, 2009 and 2010, without disclosing to the tenants that the City of St. Louis Health Department had previously cited the university for lead-based paint violations at those properties in 2000 and 2006.

The settlement alleges that Washington University indicated, in lead-warning statements attached to those property leases, that it had “no knowledge of the presence of lead-based paint or lead-based paint hazards in the units,” EPA said.

EPA said the university also failed to provide tenants with records and reports of the city’s citations of the units.

Those actions violated of the Residential Lead-Based Paint Hazard Reduction Act of 1992 and the Toxic Substances Control Act, which require landlords and sellers of properties built before 1978 to disclose certain types of information about lead-based paint hazards to tenants and buyers prior to a lease or sale. The federal government banned lead-based paint from housing in 1978.

As part of its settlement with EPA, Washington University has agreed to perform a supplemental environmental project that will involve the replacement of approximately 103 old windows in other married-student housing units.

EPA said lead-based paint on surfaces subjected to regular friction, such as windows and door jams, commonly results in the deterioration of the paint and an increase in the presence of lead-paint dust. The project, which will eliminate that particular source of lead-paint dust in these residences, is expected to cost between $24,998 and $31,000.

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Lead Paint Laws: Protect Your Remodeling Business

While April 22, 2010 marked the start of the EPA’s law requiring contractors who work in pre-1978 homes that could have lead paint to be certified, many have not. In reality, if you’ve ignored this law, you are at risk. The fines are ruinous – up to $37,500.00 per day, per violation. And in some cases, there can be imprisonment if your actions are proven criminal.

Now, many of you did certify your firms and did take the eight (8) hour course. And, many of you are following “lead safe work practices.” But, believe it or not, you may still be risking these fines and penalties.

Here's why: The registering of your company is relatively simple and only costs $300. The cost of training is also reasonable ($250 as a national average). And, the process of protecting the homeowners and workers with the right equipment and supplies is not necessarily going to break the bank. But, more often than not, we are finding contractors not documenting everything that they’re doing. And without the proper paper trail, all of your good efforts may not help you avoid the penalties.

It is critical that you give every homeowner a copy of the new Renovate Right pamphlet and get a signed acknowledgement form as proof. Keep that on file for six (6) years. And then, there are the forms that you need to complete. The homeowner must receive copies of certain of these forms in a timely manner.

As mentioned above, what is taught in class are “lead safe work practices.” That’s a good 50% of the equation. The other half is “lead safe business practices.”

If you’re not following the law, in whole or in part, don’t risk your business. While the EPA and/or certain states are now beginning to clamp down, you could also be at risk from a civil standpoint – getting sued by a customer or worker.

Author: Paul E. Toub

Paul E. Toub is Vice President of Marketing for KACHINA Lead Paint Solutions and is available to answer any questions about lead paint laws and solutions from Remodeleze members.

Click here to learn more!

Lead Paint Laws: Protect Your Remodeling Business

While April 22, 2010 marked the start of the EPA’s law requiring contractors who work in pre-1978 homes that could have lead paint to be certified, many have not. In reality, if you’ve ignored this law, you are at risk. The fines are ruinous – up to $37,500.00 per day, per violation. And in some cases, there can be imprisonment if your actions are proven criminal.

Now, many of you did certify your firms and did take the eight (8) hour course. And, many of you are following “lead safe work practices.” But, believe it or not, you may still be risking these fines and penalties.

Here's why: The registering of your company is relatively simple and only costs $300. The cost of training is also reasonable ($250 as a national average). And, the process of protecting the homeowners and workers with the right equipment and supplies is not necessarily going to break the bank. But, more often than not, we are finding contractors not documenting everything that they’re doing. And without the proper paper trail, all of your good efforts may not help you avoid the penalties.

It is critical that you give every homeowner a copy of the new Renovate Right pamphlet and get a signed acknowledgement form as proof. Keep that on file for six (6) years. And then, there are the forms that you need to complete. The homeowner must receive copies of certain of these forms in a timely manner.

As mentioned above, what is taught in class are “lead safe work practices.” That’s a good 50% of the equation. The other half is “lead safe business practices.”

If you’re not following the law, in whole or in part, don’t risk your business. While the EPA and/or certain states are now beginning to clamp down, you could also be at risk from a civil standpoint – getting sued by a customer or worker.

Author: Paul E. Toub

Paul E. Toub is Vice President of Marketing for KACHINA Lead Paint Solutions and is available to answer any questions about lead paint laws and solutions from Remodeleze members.

Click here to learn more!

Hanson’s and EPA Settle Dispute

Hanson’s Window and Construction, Inc., and the EPA have agreed to settle a long-running dispute regarding the company’s use in 2005 and 2006 of the EPA’s lead hazard information pamphlet. While the EPA had brought two separate legal actions against Hanson’s seeking almost $1,000,000 in combined fines and penalties, from the very beginning of the legal dispute Hanson’s had defended both its conduct and its use of the lead hazard pamphlets as being in full compliance with federal and state laws.

In reaching a settlement for roughly one-twentieth of the monies the EPA sought in its pleadings, plus an agreement for the company to provide vinyl replacement windows on certain community projects in Michigan, Hanson’s legal counsel, D.S. Berenson, Managing Partner of Berenson LLP in Washington, D.C., stated, “We are gratified that the EPA has finally decided to resolve this for what we essentially consider to be a nuisance amount, and we believe the settlement reflects quite well what Hanson’s has been arguing from day one – that the case was without legal merit.”

Brian Elias, President of Hanson’s, stated, “I would have preferred after all these years of contesting this matter, to have had my day in court and fully vindicate the company’s practices during the 2005-2006 time period, but the cost of continuing to fight the EPA over this simply did not make sense in light of the settlement they agreed to.”

(OPINION NOTE: While Kachina views the fines as being a fraction of what they could have been, one also has to remember that Hanson's probably paid quite a lot of money to defend their company. Bottom line for other contractors - don't even chance a fine...let Kachina help you stay in complaince, before a problem occurs.)

Paul E. Toub Speaks at National Real Estate Investors Association Mid-Year Conference

Paul E. Toub, vice president of marketing, was a keynote speaker at the National Real Estate Investors Association Mid-Year Conference in Nashville, TN on June 24^th, 2011. While contractors are responsible to abide by the lead paint laws when doing work in pre-1978 homes where there could be lead paint, so are landlords and property managers when dealing with their tenants living in similar targeted housing. National REIA has selected Kachina as their exclusive partner for training nationwide. They also have endorsed the Kachina systems of forms and protocol which create a tight paper trail in case of an EPA or state audit.

Home Talk USA Radio Interview

Cajun Contractor Interview This Weekend!

Paul E. Toub, vice president of marketing for Kachina Lead Paint Solutions, will be interviewed by the "Cajun Contractor" Michael King on the Home Talk USA Radio Network this weekend. Listen live on Saturday, June 25, from 10:30 to 11:00 am ET as Paul and Michael discuss the latest on how on the lead paint laws are impacting contractors and the homeowners they do work for, property managers and their tenants, and do-it-yourselfers.

The interview will be broadcast online at the Life Style Talk Radio Network (www.lifestyletalkradio.com). You can also click here (http://www.lifestyletalkradio.com/zipsearch.shtml) to find your local radio station.

Home Talk USA with the “Cajun Contractor” Michael King, is a weekly syndicated radio program broadcast nationally every Saturday from 10a-12p Eastern on the Life Style Talk Radio Network, from 4p-7p Eastern on the Genesis Communications Radio Network and Sunday from 7a-8a Eastern on the Business Talk Radio Network

Home Talk USA Program!

KACHINA LEAD PAINT SOLTIONS TO SPONSOR HOME TALK USA RADIO PROGRAM IN 2011!

New Orleans, Louisiana, June 1, 2011, The "Cajun Contractor" Michael King, host of Home Talk USA, in a joint announcement with Paul E. Toub, vice president of marketing for Kachina Lead Paint Solutions, has signed on to sponsor the very popular home improvement syndicated radio program.

Kachina Lead Paint Solutions specializes in serving the remodeling and residential property management industries, including contractors, manufacturers, and landlords. They are a nationally-approved EPA-approved training company for the required Lead Renovation, Repair & Painting Program to become a Certified Renovator, required if working in homes built before 1978 where there could be lead paint. Additionally, Kachina has all the operational forms, pamphlets, guides, equipment and supplies to ensure contractors are in compliance with the law. When asked why he selected Home Talk USA Radio, Mr. Toub replied, "Michael King has an audience that will allow us to educate both homeowners and contractors about the law. Even more critical is why this law is so important to follow in terms of protecting human life, especially younger children, pregnant women and pets. Lead paint poisoning is deadly and if Michael King can help us protect just one additional innocent person, the investment will more than pay for itself."

Home Talk USA with the "Cajun Contractor" Michael King, is a weekly syndicated radio program broadcasted Nationally every--

SATURDAY-
10a-12p Eastern on the LifeStyle Talk Radio Network
4p - 7 p Eastern on the Genesis Communications Radio Network

SUNDAY -
7a - 8a Eastern on the Business Talk Radio Network

With over 217 Radio markets in the US and internationally in 47 Countries, Makes Home Talk on of the most listen to Home Improvement radio Shows on the air today.