EPA Lead RRP Enforcement

**gbruzze1** · 07-01-2010, 05:31 PM

Just wondering if the EPA is enforcing the RRP rules in your areas? I have heard from my lumberyard that 2 painting companies have been caught and their vans siezed for not complying. This is good news for me, as it makes me feel like I did not waste my money on the training and certification. So are they cracking the whip in your area?

**GaryJR** · 07-01-2010, 05:36 PM

Gary,

What town did this happen? and what lumberyard?

This is the first I'm hearing of this and I'm on the Island as well.

**gbruzze1** · 07-01-2010, 07:15 PM

I'm north of the islad, in Westchester County. Not sure where they were working, but it was in my area (New Rochelle). Supposedly they have people from the building dept or something checking for them.

**philthegreek** · 07-01-2010, 10:58 PM

As I have mentioned elsewhere, if the local jurisdiction has accepted the RRP rule as their own, they have the right to enforce it and even surpass the minimum. If they do not have parity, only the EPA may enforce the rule. I am licensed in Westchester as well, but have not seen any instances yet. The EPA has suspended enforcement till October, but if New Rochelle has accepted the rule onto their "books" there is nothing to stop them from enforcing a rule that is now theirs. I hope you get more jobs and less tire kickers because of it.;-)
The ability to seize property stems from the "Contractor" laws, not the lead rule. These guys you are talking about most likely did not have a contractor's license and this was their second offense. Next step would be confiscation AND jail time plus fine.

phil

**m beezo** · 07-02-2010, 05:42 AM

If that is a true story then it is pretty scary to think about. The fines could be bad enough but if your vans are taken how you going to get to work to pay for anything?
Wondering how they have the right to sieze property and what the channels are for them to do that? Surely they do not walk on the job site, see a violation and drive away with your van!

**always-learning** · 07-02-2010, 06:29 AM

I've heard similar stories here.

I can't confirm any of them, since I've not been able to find any enforcement stories either in the news or on the EPA's website.

So far, it's similar to sightings of the Yetti.

Anyone have any concrete evidence of enforcement, or those who fell pray to the wrath of Farth Dader and the EPA ?

POST IT HERE..... PLEASE!

**philthegreek** · 07-02-2010, 06:48 AM

Prey Chuck prey.

falling pray would involve a priest :-)

phil

**gbruzze1** · 07-02-2010, 07:58 AM

I know in Westchester County if they catch an unlicensed contractor working they have the right to seize your van and tools. I just wish they would seize the van and tools and hold a closed auction for the van and tools open only to licensed contractors!!

**Randy Bush** · 07-02-2010, 08:08 AM

I am sure there is more to this story then meets the eye right now. Even thu EPA supended enforcing certication of firms and having CLRs they still can and will enforce the lead safe work rules.

**philthegreek** · 07-02-2010, 08:14 AM

Originally Posted by gbruzze1

I know in Westchester County if they catch an unlicensed contractor working they have the right to seize your van and tools. I just wish they would seize the van and tools and hold a closed auction for the van and tools open only to licensed contractors!!

You might just be onto something there ;-)

phil

**philthegreek** · 07-02-2010, 08:19 AM

Originally Posted by Randy Bush

I am sure there is more to this story then meets the eye right now. Even thu EPA supended enforcing certication of firms and having CLRs they still can and will enforce the lead safe work rules.

They did not suspend enforcing certification Randy. They suspended enforcement of penalties for un-certified contractors and firms in order to get them into training classes. They all must be registered for a class by the beginning of September, and their firm registration must be "in the works" by that time as well. This gives them time to have the required paperwork for the beginning of October.
Again, if the local jurisdiction has adopted the rule as their own, there is nothing to stop said authority from enforcing their own penalties immediately.

phil

**RachBrute** · 07-02-2010, 08:46 AM

That's strange since the EPA has delayed enforcement until October 1 (with contractors having until 12/31 to get certified). Perhaps they were following local/state regulations. Here are some Quick Facts if interested on the RRP http://www.nilfiskcfm.com/vacuum-app...pa-vacuum.aspx

**philthegreek** · 07-02-2010, 09:50 AM

RachBrute, can you fill out your profile? ;-) We like to get a feeling about who we have discussions with here and where they come from since so much stuff can be regionally different. Thanks.

phil

**Shawn Prentice** · 07-02-2010, 06:37 PM

Originally Posted by philthegreek

They did not suspend enforcing certification Randy. They suspended enforcement of penalties for un-certified contractors and firms in order to get them into training classes.
phil

To be clear, the fines for not being certified have been delayed. But, one must still follow the LSWP, whether certified or not.

**always-learning** · 07-04-2010, 08:27 AM

Originally Posted by philthegreek

Prey Chuck prey.

falling pray would involve a priest :-)

phil

Ok, I'm not the greatest speller.... I'll Prey for you...in my own heathen way....

Here's an article of enforcement of failure to notify that lead paint may exist.... in other words giving out the pamphlet requirement..... not RRP procedure failure to comply.

http://www.environmental-expert.com/...=lead+in+paint

This work dated back to 2005, so if you haven't been giving out the pamphlet, you're still possibly going to get fined for your past deeds of failure to inform.

Thread: EPA Lead RRP Enforcement

Thread Tools

Display