“The EPA promulgated the Renovation, Repair, and Painting (RRP) Rule, codified at 40 C.F.R. part 745, subpart E, with the purpose of protecting the public from lead-based paint hazards associated with renovation, repair, and painting activities.”

💡 This establishes that Solon Homes’ violations directly undermined the core public health protection purpose of federal law.

“Target housing means any housing constructed prior to 1978, except for housing for the elderly or persons with disabilities (unless any child who is less than six years of age resides or is expected to reside in such housing) or any zero-bedroom dwelling.”

💡 This definition confirms all four Pueblo properties qualified as target housing requiring strict lead-safe practices due to construction dates and occupancy.

“Firms that perform or offer to perform renovations on target housing are required to obtain initial firm certification.”

💡 Solon Homes performed major remodels without this foundational certification, making all subsequent work illegal from the outset.

“At both the East 3rd Street Jobsite and the Bragdon Avenue Jobsite, at the time of the inspections, the EPA observed that no plastic sheeting or other impermeable material was covering the floor surfaces in the work areas to contain dust.”

💡 Without floor covering, lead dust generated during renovation spreads throughout living spaces where children play and families spend time.

“At both the East 3rd Street Jobsite and the Bragdon Avenue Jobsite, at the time of the inspections, the EPA observed that no plastic sheeting or other disposable impermeable material was covering the ground to collect falling paint debris during the renovations.”

💡 This allowed lead-contaminated paint chips to fall directly into soil, creating long-term environmental contamination in yards where children play.

“At both the East 3rd Street Jobsite and the Bragdon Avenue Jobsite, at the time of the inspections, the EPA observed uncontained waste, including paint chips and debris, outside of the work area.”

💡 Lead waste spreading beyond work areas means the contamination affected neighboring properties and public spaces without those residents’ knowledge.

“At both the East 3rd Street Jobsite and the Bragdon Avenue Jobsite, at the time of the inspections, Respondent had not posted signs defining the work areas, as required by 40 C.F.R. § 745.85(a)(1).”

💡 Without warning signs, occupants and neighbors had no way to know they were entering contaminated areas or to take protective measures.

“Firms performing renovations on target housing must ensure that a certified renovator is assigned to each renovation performed by the firm and discharges all of the certified renovator responsibilities identified in 40 C.F.R. § 745.90.”

💡 Certified renovators ensure lead-safe practices are followed, and Solon Homes assigned none to any jobsite.

“For both the East Ash Jobsite and the Small Avenue Jobsite, Respondent failed to retain or produce the following records to demonstrate compliance with the RRP Rule: documentation that a certified renovator was assigned, and documentation that the certified renovator performed the post-cleaning verification.”

💡 The absence of any compliance documentation suggests systematic failure to follow lead-safe practices rather than mere paperwork lapses.

“EPA may assess a civil penalty of up to $49,722 for each violation of section 409.”

💡 This shows EPA had authority to assess over $745,000 for 15 violations but chose to settle for just $40,200.

“By signing this Consent Agreement, Respondent: (a) acknowledges this Agreement constitutes an enforcement action for purposes of considering Respondent’s compliance history in any subsequent enforcement action; (b) admits the jurisdictional allegations made herein; (c) neither admits nor denies the factual allegations contained herein; and (d) consents to the assessment of the penalty specified in this Consent Agreement.”

💡 Solon Homes pays a penalty but makes no public acknowledgment of the contamination its practices created or harm to affected families.

“The Assessed Penalty will be paid in 6 equal installments to complete payment of the entire Assessed Penalty and interest, which is assessed at the IRS standard underpayment rate. Including the Assessed Penalty and interest, the total amount that will be paid upon completion of all payments will be $40,981.68.”

💡 This payment structure treats serious public health violations like consumer debt, with installment payments and minimal interest.

“In accordance with 40 C.F.R. 22.18(c), this Consent Agreement, upon incorporation into a final order and full satisfaction by both Parties, shall only resolve Respondent’s liability for federal civil penalties for the violations and facts alleged in this Consent Agreement.”

💡 The settlement ends EPA enforcement but does nothing to address contaminated properties or protect exposed residents.

“Nothing in this Consent Agreement shall relieve Respondent of the duty to comply with TSCA and its implementing regulations.”

💡 While requiring future compliance, the agreement imposes no obligation to remediate past contamination or notify affected residents.

“This Consent Agreement does not pertain to any matters other than those expressly specified herein. The EPA reserves, and this Consent Agreement is without prejudice to, all rights against Respondent with respect to all other matters including, but not limited to, claims based on criminal liability and claims based on any other violations of the Act or federal or state law.”

💡 EPA could pursue additional enforcement but the consent agreement suggests this administrative penalty fully resolves the matter in practice.