Prudent Technologies, working under a contract with EPA’s Superfund program, was performing renovation activities designed to stabilize paint at each location. Paint stabilization includes scraping and painting the exteriors of houses to protect EPA’s remedy at the site, which consists of removing lead-contaminated soil from contaminated properties.
At the first location, Prudent failed to follow lead-safe work practices as required by the RRP rule. The violations included failure to post signs clearly defining the work area and warning occupants and other persons not involved in renovation activities to remain outside of the work area; failure to close all doors and windows within 20 feet of the renovation before commencing work; failure to cover the ground with plastic sheeting or other disposable impermeable material extending 10 feet beyond the perimeter of surfaces undergoing renovation before the renovation; and failure to clean the work area upon completion of the work.
Violations at the second location included failure to follow lead-safe work practices as required by the RRP rule; failure to post signs clearly defining the work area and warning occupants and other persons not involved in renovation activities to remain outside of the work area; and failure to cover the ground with plastic sheeting or other disposable impermeable material extending 10 feet beyond the perimeter of surfaces undergoing renovation.
Since 1999, EPA has been working cooperatively with contractors, local officials, agencies, institutions, community organizations, residents and property owners to sample and remediate lead-contaminated soils from Omaha’s residential yards, schools, day care facilities, parks and playgrounds. Addressed under EPA’s Superfund program, the Omaha Lead Site, consisting of approximately 27 square miles of eastern Omaha, has been on the National Priorities List since 2003.
The RRP rule is a part of the Toxic Substances Control Act (TSCA). The rule requires each person or firm hired to perform a renovation to be certified and to use specific work practices to minimize lead-based paint hazards for workers and occupants. Under the RRP rule, general contractors can be held liable for regulated renovation work that subcontractors perform for the company. This includes record-keeping requirements (e.g., handing out the Renovate Right pamphlet, keeping Lead-Safe Work Practices checklists, etc.) and work practices requirements (e.g., training workers, putting up appropriate signs, using disposable impermeable material to contain dust and debris, etc.).
