Thursday, September 29, 2022

NRT West Inc. dba Coldwell Banker Settles with EPA over Claims of Lead-Based Paint Violations at Bay Area Properties

EPA News Release:

NRT West Inc. dba Coldwell Banker Settles with EPA over Claims of Lead-Based Paint Violations at Bay Area Properties

Contact Information: Joshua Alexander (alexander.joshua@epa.gov)

415-214-5940

SAN FRANCISCO – The U.S. Environmental Protection Agency (EPA) announced a settlement with NRT West Inc. dba Coldwell Banker to resolve claims of ten violations of the Toxic Substances Control Act at seven residential properties in and around the cities of San Jose, Sunnyvale, and Vallejo, California. Acting as the agent for the seller in a real estate transaction, NRT West failed to ensure that the sellers properly disclosed information related to lead-based paint in its sales contracts and will pay a penalty of $35,433.

“Reducing exposure to lead is critical to protecting public health in our communities,” said EPA Pacific Southwest Regional Administrator Martha Guzman. “The legal requirement for lead-based paint disclosure is a key element that keeps people informed of hazards in their homes. Companies that fail to comply with disclosure rules will face fines.”

From August 2017 through October 11, 2018, when NRT West’s clients entered into these seven contracts, the company failed to ensure that its clients complied with the Toxic Substances Control Act’s Disclosure Rule by not meeting the following requirements:

(1) providing the purchaser with an EPA-approved lead hazard information pamphlet;

(2) including a Lead Warning Statement in the contract;

(3) disclosing in the contract the presence of lead-based paint hazards, or alternatively indicating no knowledge of such hazards;

(4) including in the contract a statement that the seller is aware of and responsible for complying with the lead-based paint disclosure rule (Section 1018);

and (5) including in the contract the signatures of the sellers and purchasers certifying the accuracy of their statements, to the best of their knowledge, along with the dates of signature.

NRT West has certified that it is now in compliance with the lead-based paint hazard requirements to ensure prospective buyers are provided with disclosure information.

NRT West was cited under the Toxic Substances Control Act’s lead-based paint Disclosure Rule, which applies to housing built before the residential use of lead-based paint was banned in 1978. The Disclosure Rule generally requires sellers and lessors of pre-1978 homes to provide homebuyers and tenants with a federal brochure about lead-based paint, any information known about lead-based paint in the home, and a warning statement about the potential dangers of lead-based paint. Buyers also have the option to inspect pre-1978 homes before becoming obligated to make a purchase. With this knowledge, potential homebuyers and tenants can make informed decisions about whether to buy or rent a particular residence.

High blood levels of lead can cause permanent damage to the nervous system and widespread health problems, including reduced intelligence and attention span, hearing loss, stunted growth, reading and learning problems, and behavioral difficulties. Young children are most vulnerable because their nervous systems are still developing. Adults with high blood levels of lead can suffer difficulties during pregnancy, high blood pressure, nerve disorders, memory problems, and muscle and joint pain.

For more information on the Disclosure Rule visit EPA’s Real Estate Disclosures about Potential Lead Hazards Real Estate Disclosures about Potential Lead Hazards webpage.

To report a lead-based paint violation visit EPA’s Pacific Southwest Lead-Based Paint Tips & Complaints webpage.

Learn more about EPA’s Pacific Southwest Region. Connect with us on Facebook and on Twitter.

Containerboard Manufacturer Will Pay $2.5M for Violating Clean Air Act at its Louisiana Mill

EPA Press Office:

Containerboard Manufacturer Will Pay $2.5M for Violating Clean Air Act at its Louisiana Mill

WASHINGTON (September 29, 2022) – Packaging Corporation of America (PCA), headquartered in Illinois, has agreed to pay $2.5 million in civil penalties to resolve allegations that it violated the Clean Air Act’s General Duty Clause and Risk Management Program Regulations at its containerboard production mill in DeRidder, Louisiana.

In the complaint, filed this week with the proposed settlement, the United States and the Louisiana Department of Environmental Quality (LDEQ) allege nine Clean Air Act violations that stem, in part, from a fatal explosion and accidental release at the DeRidder mill on Feb 8, 2017. The explosion – which killed three workers and injured seven others – launched a 100,000-gallon storage tank into the air and over a six-story building before it landed on mill equipment approximately 400 feet away. The blast also caused property damage and released extremely hazardous substances into the environment. The Environmental Protection Agency (EPA) inspected the DeRidder mill after the explosion, and uncovered additional Clean Air Act violations.

“This case demonstrates the tragic impacts to human life and the environment that can result from failures to follow appropriate chemical accident prevention and preparation requirements,” said Larry Starfield, Acting Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance. “This settlement both holds the Packaging Corporation of America accountable for failures that contributed to this accident and sends a clear message to corporations across the country on the importance of implementing appropriate chemical safety measures.”

“This settlement holds Packaging Corporation of America accountable for the harm it has caused to the environment and to the individuals who lost their lives on Feb. 8, 2017,” said Dr. Earthea Nance, EPA Region 6 Administrator. “Legal action will be pursued for companies who fail to safeguard their workers’ well-being. We offer our condolences for all individuals affected by this tragedy.”

“PCA failed to comply with the General Duty Clause and Risk Management Program Regulations of the Clean Air Act at its DeRidder mill, resulting in the senseless deaths of three workers, while placing other workers and the surrounding community in danger,” said Assistant Attorney General Todd Kim of the Justice Department’s Environmental and Natural Resources Division. “This settlement furthers the department’s efforts to ensure corporate compliance with potentially life-saving environmental mandates to protect the air quality and the community in DeRidder and throughout the United States.”

“The Clean Air Act was created to provide guidelines for companies such as PCA to adhere to in order to keep our communities safe from hazardous substances,” said U.S. Attorney Brandon Brown for the Western District of Louisiana. “Sadly, it took an explosion and the loss of lives to highlight PCA’s failure to adhere to some of these guidelines. The Civil Division in the Western District of Louisiana has an important job and welcomes the opportunity to continue to work alongside our federal and local partners to ensure these laws are abided by.”

“We join with our federal partners in taking action to ensure that this tragic occurrence is properly addressed,” said Dr. Chuck Carr Brown, LDEQ Secretary. “Those responsible must be held accountable.”

Section 112(r) of the Clean Air Act and its accompanying regulations are designed to prevent the accidental release of hazardous substances, like the explosion at the DeRidder mill. Congress added section 112(r) of the Clean Air Act in response to a 1984 catastrophic release of methyl isocyanate in Bhopal, India, that killed more than 3,400 people and caused over 200,000 others to suffer injuries. Under the Clean Air Act, facilities like PCA’s are required to identify hazards, design and maintain a safe facility, minimize the consequences of accidental releases that do occur, and comply with regulatory prevention measures. Failing to comply with these requirements increases the risk of accidents and threatens surrounding communities.

Reducing the risk to human health and the environment by decreasing the likelihood of chemical accidents at chemical facilities is a top priority for EPA’s enforcement and compliance assurance program.

The proposed stipulation of settlement is subject to a 45-day public comment period and court review and approval. A copy of the stipulation of settlement is available on the Department of Justice website.