EPA Warnings To Donald and Era Farnsworth - Lead Contamination Violation Notice Oakland

NOV 19 2019
STq~
~ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

____ REGION IX
%_~ PRO1tC 75 Hawthorne Street
San Francisco, CA 94105
Certified Mail: 7018 0680 0000 3319 7676

Donald & Era Farnsworth
Magnolia Editions, Inc.
2527 Magnolia St.
Oakland, CA 94607
Subject: LEAD WARNING LETTER RENOVATION, REPAIR AND

-
PAINTING
LEAD WARNING LETTER- DISCLOSURE
Dear Mr.& Mrs. Farnsworth:
The U.S. Environmental Protection Agency (EPA) received confidential information stating
that you had work performed at 262 Athol Avenue in Oakland, CA 94606 that may have
violated federal regulations for lead-based paint activities under the Toxic Substances
Control Act (TSCA) Renovation, Repair, and Painting (RRP) Rule, codified at 40 C.F.R.
§745, Subpart E. In addition, the EPA has been notified of potential violations of the
Residential Lead-Based Paint Disclosure Rule, codified at 40 C.F.R. §745, Subpart F at
the above location. EPA is issuing this Lead Warning Letter to ensure you understand that
federal law requires you to comply with the RRP and Disclosure Rule and the potential
fines you may face.
WHY IS LEAD DANGEROUS
Lead is a toxic metal and it was used in paint before 1978. Lead interferes with the
development and functioning of almost all body organs, particularly the kidneys and
central nervous system. Lead is particularly dangerous to children because their
growing bodies absorb more lead than adults do and their brains and nervous systems
are more sensitive to the damaging effects of lead. The rules mentioned above support
EPA’s work in protecting families from lead in homes built before 1978.
RRP REOUIREMENTS
The RRP Rule contains requirements for firms and individua],s involved in repairs,
renovation, or painting of pre-1978 housing or child-occupied facilities. The purpose of
this letter is to notify you that failure to comply with the RRP Rule is prohibited under
Section 409 of TSCA, 15 §2689 and may subject you to civil penalties of ut to $38,114
per violation per day.
Based on our investigation, EPA is concerned that you are out of compliance with lead
safe work practices. Further details can be found in the document titled, “Small Entity
Compliance Guide to Renovate Right” and at www.epa.gov/lead.
VU~4
You are required to comply with the RRP Rule if you continue to work on pre-1978
housing or child-occupied facilities. The building on 262 Athol Avenue in Oakland was
constructed in 1908.
Issuance of this warning letter does not preclude EPA from pursuing penalties authorized
by law in the future. Due to the compliance problem(s) identified during our initial
investigation, any tips or complaints that EPA receives in the future about your firm will
likely result in a full investigation.Any violations of the RRP Rule may result in the issuance
of a civil administrative complaint and the assessment of monetary penalties.
DISCLOSURE RULE
The United States Environmental Protection Agency (EPA) is also following up on a Lead
Tip and Complaint for potential violations of the Residential Lead-Based Paint Disclosure
Rule, codified at 40 C.F.R. § 745, Subpart F at 262 Athol Avenue in Oaldand, CA 94606.
EPA is issuing this Warning Letter to ensure you understand that federal law requires you to
comply with the Disclosure Rule.
During our initial assessment, EPA identified the following potential violations:
• 40 CFR Subpart F Section 745.107, Disclosure requirements for sellers and lessors
• Section 745.113, Certification and acknowledgement of disclosure
Thus, EPA advises that you are likely out of compliance with the Disclosure Rule. Failure to
comply with the Disclosure Rule is prohibited under Section 409 of TSCA, 15 U.S.C. §
2689, as well as 42 U.S.C. 4852d(b)(5) and may subject your firm to civil Denalties of un
to $17.047 ner violation ~er day. A summary of the Disclosure Rule requirements can be
found at https: www.epa.gov/lead /real-estate-disclosure.
For all the reasons previously cited, all residential sales or leasing activities that involve
homes built before 1978 must be performed in strict accordance with the Disclosure Rule. If
you are a qualified small business, you may find the U.S. EPA Small Business Resources
Information Sheet at http: www2.epa.gov enforcement useful. Additional information can
be found on-line at www.epa.~ov lead or by calling the National Lead Information Center at
1-800-424-5323. Attached is a recent press release pertaining to lead enforcement.
If you have any questions, feel free to contact me at (415) 972-3982 or

[email protected]
Sincerely,
Matt Salazar, PE
Manager, Toxics Section
Enforcement and Compliance Assurance
Enclosure: Press Release

Update Results
Record Detail with Comments

Record ID: 1904563
Description: Multi-family dwelling where there is painting going on without the property protection. Paint chips
etc. Most work being done on the left side of the house.
APN: 021 022902400
Address: 262 ATHOL AVE
Unit #:
Date Opened: 10/7/2019

Record Status: Abated
Record Status Date: 11/4/2019
Job Value: $0.00
Requestor:
:
Business Name:
License #:
Comment Date Commenter Comment
10/9/2019 5:50:44 AM RSCHIMM 10/08/2019 - Onsite inspection, photos taken, violation verified. Lead based paint being ground off the building
without proper containment methods. Issued Stop Work Order to as he and his worker are not
certified in lead abatement. Paint chips, dust and debris being scattered all over site. Advised to clean up site and
put all debris into plastic bags but do not dispose of yet.
10/9/2019 5:51:58 AM RSCHIMM Stop Work Order issued and advised do not work until they have obtained proper certification to handle lead
abatement.
10/9/2019 6:07:59 AM RSCHIMM 10/09/2019 - Submitting BR for approval.
10/9/2019 6:08:07 AM RSCHIMM NOV to follow.
10/9/2019 2:31:51 PM BLAI 10-09-19 Reviewed and forwarded Billing Request for SWO to DRex.
10/12/2019 10:13:25 RSCHIMM 10/12/2019 - Submitting NOV for mailing.
AM
10/12/2019 10:18:25 RSCHIMM Owner Don Farnsworth @
AM
10/14/2019 10:45:55 KNERI 10/14/19 - Ownership verified through County Assessor, NOV mailed reg & cert with appeal form and brochures
AM on 10/14/2019 cert # 7018 1830 0000 6800 4291, Re-inspection Deadline: 11/19/2019, UPLOADED
11/7/2019 6:19:10 AM RSCHIMM 11-04-2019 - Onsite inspection, photos taken, abated. Painter is in compliance RE/lead abatement.
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NOV 19 2019

~ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

Certified Mail: 7018 0680 0000 3319 7676

Subject: LEAD WARNING LETTER RENOVATION, REPAIR AND

Dear Mr.& Mrs. Farnsworth:

If you have any questions, feel free to contact me at (415) 972-3982 or

Enclosure: Press Release

Record Detail with Comments

Date Opened: 10/7/2019

For real-time, direct access to information

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