Stephen J. KleinStephen J. KleinPresidentPresident

The Toxic Substances Control Act (TSCA)

“Lead Paint Law”

The April 22, 2010 deadline was real.

Follow the law. Enforcement is

happening!

College Works PaintingSeattle, WA

$32,508 in FINES

Window World of St. Louis

$19,529+ $20,048

(73 windows at 3 group homes)

But you’re thinking,“I’m a landlord;

not a contractor!”

Evansville, IN Landlord failed to fix Evansville, IN Landlord failed to fix lead paint hazards after child found lead paint hazards after child found with elevated blood lead levels.with elevated blood lead levels.

Remediate or demolish houseRemediate or demolish housePay $13K in attorney’s feesPay $13K in attorney’s fees

Worcester, MASS Landlord: Worcester, MASS Landlord: Criminally IndictedCriminally Indicted for Claiming for Claiming Property was in Compliance Property was in Compliance (Forging Forms & Certificates)(Forging Forms & Certificates)

Give to the residents of any

pre-1978 home or apartment

prior to beginning work.

Get signed acknowledgement &save for 6 years

NON-COMPLIANCE?

Criminal fines & imprisonment for up to one year/violation

Civil Penalties Up to $37,500 per violation / per day

Overseen by EPA & State Agencies

Pamphlet & Test for Lead Paint or…

Pamphlet but Don’t Test – Assume Lead Paint & Use Lead Safe Work Practices (LSWP) to contain & control the spread of dust & debris

WHAT KIND OF WORK?

Removal of painted surfaces or painted components

“Renovation” = Any work that disturbs a painted surface

Surface preparation on painted surfaces Sanding and scrapingOther activities that may generate paint dust

WHAT KIND OF WORK? Removal of large structures that may have paint on them

Walls and ceilings Large surface re-plasteringMajor re-plumbing

Weatherization projects Cutting holes in painted surfaces to blow-in insulation or gain access to attics

WHAT KIND OF WORK? Window replacement

Window repair (if painted)

Windows are a hot button & do not qualify under any exemptions

EXEMPTIONS

Newer construction (1978 or newer) Date must be from a recognized source

Lead-free certified job sitesTest shows no lead paint or other surface

coatings that contain lead

Not in excess of 1.0 mg / sq. cm (or 0.5% by weight)

EXEMPTIONS

Not removing or disturbing a painted surface

Bath liner going over the oldNew siding over the oldA gutter system

Removing any part of an old component or disturbing a painted surface triggers the law!

• Pay $300 to EPA (5 Years)

• Attest that it will assign a Certified Renovator

• Use only certified or properly trained workers

• Follow LSWP

• Adhere to all recordkeeping requirements

COMPANY NEEDS TO BE EPA- CERTIFIED (and/or by state/s)

Company Certification

EPA Application Takes Time• Kachina has “Shortcut”• Keep copy of Application & Cancelled Check• Send Certified Mail/Return Receipt Requested• Encourage your sub-contractors to certify

their companies

•Complete 8 hour course (includes 2 hours hands-on training) by an EPA-Certified Training Provider

•Average cost $250

•Accredited refresher course every 5 years

BECOMING A CERTIFIED RENOVATOR

Certified Renovators

• Bench strength is important

• Only CR can test for lead paint

• CR must be present at start of job to ensure proper setup • CR must return to the job site at the end to ensure proper cleanup • Encourage sub-contractors to become Certified Renovators

• Supervised or directed by the Certified Renovator

• Must have received relevant OJT in LSWP from a Certified Renovator

INSTALLERS ON JOB

On-the-Job Training

• Again…bench strength is key

• Document Training – Who, What, Where & When

• Consider offering a Certificate of Completion

TIGHT PAPER TRAIL

“CYYKW”

Safety Equipment & Supplies

•Lead Test Kits•Workers Protection

•Plastic Sheeting & Tape

•Cones & Caution Tape

•Warning Signs•HEPA VAC

•Swiffer Cloths

•Trash Bags

Keep a tight paper trail in case of Audit

What to do if contacted by EPA or State

Be Pleasant

Ask for the specifics of their request in writing

Contact an Attorney (specialist)

Be Proactive…Make Lemonade!

Visit: www.KachinaLeadPaintSolutions.com