Defendant Admits and Accepts Responsibility for Violations and Agrees to Injunctive Relief and a Penalty of $168,000
Damian Williams, the United States Attorney for the Southern District of New York, and Lisa F. Garcia, the Regional Administrator for Region 2 of the U.S. Environmental Protection Agency (“EPA”), announced that the United States filed a civil lawsuit against LEGACY BUILDERS/DEVELOPERS CORP. (“LEGACY”) alleging violations of the Toxic Substances Control Act (“TSCA”) and EPA’s Renovation, Repair, and Painting Rule (“RRP Rule”). The U.S. simultaneously entered into a Consent Decree resolving that lawsuit. The Consent Decree includes a $168,000 civil penalty and requires LEGACY to take steps to mitigate potential harms caused by its conduct.
U.S. Attorney Damian Williams said: “Legacy Builders failed to follow lead-safe work regulations designed to protect building occupants—including children—and workers from toxic lead paint dust generated during apartment renovations. This lawsuit is another example of our commitment to ensure that renovation firms are held responsible for violating these important safety rules.”
EPA Regional Administrator Lisa F. Garcia said: “Legacy Builders/Developers Corp. is being held accountable for not complying with rules that are designed to protect residents as well as workers and are a key part of protecting public health. The company’s activities put tenants, the public, and its employees at risk of exposure to lead dust hazards. Exposure to lead-based paint can have serious health impacts and remains a common source of lead poisoning in children. EPA will continue to be vigilant and ensure we reduce all risk of lead exposure.”
TSCA and the RRP Rule impose safety requirements to minimize the risk that young children, tenants, and renovation workers are exposed to toxic lead paint dust during renovations of residential buildings. Exposure to lead dust is the most common cause of lead poisoning, which can lead to severe, irreversible health problems, particularly in children. Lead poisoning can affect children’s brains and developing nervous systems, causing reduced IQ, learning disabilities, and behavioral problems.
As alleged in the U.S. Complaint filed in the district court:
LEGACY performed renovation work at hundreds of residential apartments across five building sites in Manhattan between 2016 and 2020. In September 2017, EPA inspected a LEGACY worksite and found that LEGACY had failed to contain lead dust. This was consistent with inspections in April and August 2017 of the same LEGACY worksite by the New York City Department of Health and Mental Hygiene, where inspectors observed dust and debris in hallways, common areas, and the vacant apartments being renovated, and collected dust wipe samples containing lead in excess of federal standards. Following further investigation, EPA determined that LEGACY lacked required RRP Rule certifications and, at multiple worksites, failed to train its workers on lead-safe work practices, failed to follow lead-safe work practices, failed to inform building owners and occupants of the risks of lead poisoning during that renovation, and failed to maintain records necessary to demonstrate compliance with lead-safe work practice rules. When LEGACY was informed of these issues, it provided the EPA with inaccurate information about its RRP Rule compliance.
In the Consent Decree, LEGACY admits, acknowledges, and accepts responsibility for the following conduct:
- Between 2016 and 2020, LEGACY performed renovation work at more than one hundred residential apartments at five different building sites in Manhattan. LEGACY failed to comply with requirements of the RRP Rule on numerous occasions at these renovation projects. Among other things:
- LEGACY failed to provide on-the-job lead safety training to workers, in violation of the RRP rule.
- LEGACY failed to adequately contain construction dust, including dust containing lead in excess of levels permitted under the RRP Rule, and failed to conduct the required post-renovation cleaning verification, in violation of the RRP rule.
- LEGACY failed to post signs clearly defining its work area and warning occupants and other persons not involved in renovation activities to remain outside of the work area, in violation of the RRP Rule.
- LEGACY failed to provide a lead-hazard information pamphlet to the owner or occupants of the building before commencing work, in violation of the RRP Rule.
- LEGACY failed to maintain documentation showing that it complied with lead-safe work practices, in violation of the RRP Rule.
- Additionally, between June 2016 and August 2017, LEGACY performed renovation work covered by the RRP Rule at two of these worksites without possessing the firm certification required by the RRP Rule for renovation firms performing such work and without assigning a certified renovator to oversee those projects.
Pursuant to the Consent Decree, LEGACY will pay a penalty of $168,000, an amount based on the company’s documented inability to pay the full civil penalty for which it otherwise would be liable. The Consent Decree requires LEGACY to comply with safe work practices and other RRP Rule requirements in the future. Additionally, to mitigate the effects of the violations, among other things, LEGACY will conduct education sessions for residents of the five buildings on the hazards of lead-based paint and methods of minimizing potential exposures, and LEGACY will offer to conduct training for maintenance staff at these buildings on lead-hazard reduction and common issues pertaining to the use of lead-safe work practices in day-to-day operations. Failure to comply with the Consent Decree will give rise to significant additional penalties.
To provide public notice and afford members of the public the opportunity to comment on the Consent Decree, the Consent Decree will be lodged with the District Court for a period of at least 30 days before it is submitted for the Court’s approval.
Mr. Williams thanked the attorneys and enforcement staff at EPA Region 2 for their critical work on this matter.
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