Damian Williams, the United States Attorney for the Southern District of New York, and Lisa F. Garcia, the Regional Administrator of Region 2 of the U.S. Environmental Protection Agency (“EPA”), announced that the United States filed a civil lawsuit against ROSE DEMOLITION & CARTING INC. (“ROSE”), alleging violations of the Toxic Substances Control Act (“TSCA”) and EPA’s Renovation, Repair, and Painting Rule (“RRP Rule”), and simultaneously entered into a Consent Decree resolving that lawsuit. The Consent Decree includes a $100,000 civil penalty and requires ROSE to take steps to mitigate potential harms caused by its conduct.
U.S. Attorney Damian Williams said: “Rose’s failure to contain actual or potential lead dust in the course of demolition work threatened to expose people, including children, to lead poisoning in communities that already suffer disproportionately from public health and environmental hazards. Through this lawsuit and consent decree, we are holding Rose accountable for its misconduct and preventing future violations.”
EPA Regional Administrator Lisa F. Garcia stated: “This settlement underscores the importance of following the laws designed to protect communities, especially young children, from lead paint hazards. Under the Renovation, Repair, and Painting Rule, work must be conducted by certified firms and individuals who are properly trained and equipped to handle toxic lead paint that could pose a serious threat to families and workers.”
TSCA and the RRP Rule impose safety requirements to minimize the risk that young children, tenants, and renovation workers are exposed to toxic lead 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 United States’ complaint filed in Manhattan federal court:
ROSE is a company that performed demolition work in at least 668 residential properties in New York City between 2016 and 2019. In February 2018, the New York City Department of Health and Mental Hygiene inspected a worksite two days after ROSE had completed demolition work and found that ROSE had failed to contain or clean lead dust, resulting in lead dust exceeding federal standards in public hallways, in violation of the RRP Rule. EPA determined that ROSE failed to assign properly certified managers to direct the demolition work, failed to train its workers on lead-safe work practices, and failed to inform the building owner and occupants of the risks of lead poisoning during that renovation. Many of ROSE’s alleged violations occurred in areas of New York City with low-income populations that are already disproportionately burdened by other environmental hazards, raising environmental justice concerns.
In the Consent Decree, ROSE admits, acknowledges, and accepts responsibility for the following conduct:
- Failing to assign a Certified Renovator to direct the demolition work and discharge all of the Certified Renovator responsibilities identified in the RRP Rule;
- Failing to ensure that all workers performing the renovations were Certified Renovators or had received training on lead-safe work practices required by the RRP Rule;
- Failing to adequately contain construction dust, including dust containing high concentrations of lead, in violation of the RRP Rule;
- Failing 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;
- Failing to provide a lead-hazard information pamphlet to the owner or occupants of the building before commencing work in violation of the RRP Rule; and
- Failing to maintain documentation showing that it provided lead-hazard information pamphlets to the owners or occupants of the building or that it had posted warning signs in the building, in violation of the RRP Rule.
Pursuant to the Consent Decree, ROSE will pay a penalty of $100,000, an amount based on the company’s documented inability to pay the full civil penalty for which it otherwise would be liable, and ROSE must comply with safe work practices and other RRP Rule requirements in the future. Additionally, the Consent Decree requires ROSE to notify residents or owners of the 668 affected properties as well as ROSE employees who worked on the affected properties of potential lead exposure and offer lead-dust inspection, cleanup, and clearance testing. 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 in this matter.
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