Home Depot Agrees to Pay $20.75 Million Penalty for Failure to Follow Lead Paint Laws
The Department of Justice (DOJ) and the US Environmental Protection Agency (EPA) jointly announced a nationwide settlement of $20.75 million by Home Depot USA Inc. in a lead paint practices lawsuit. The settlement is the highest civil penalty paid in history under the Toxic Substance Controls Act.
The lawsuit alleged Home Depot violated the EPA Lead Renovation, Repair and Painting (RRP) rule when contractors across the US painted in hundreds of homes. Five consumers made complaints about their Home Depot renovations to the EPA. The complaints alleged subcontract work from companies not following rules of safe practices regarding lead paint removal and lead paint dust, post-renovation cleaning, record keeping as per US law, and providing EPA-required lead-based paint pamphlets to occupants in all homes.
The EPA followed up on the complaints and reviewed all of Home Depot’s renovations records for the US, thus identifying hundreds of times the company sent non-certified contractor firms to do renovations where certified and trained companies were required.
Participating states in this lawsuit include Rhode Island, Utah, and Massachusetts and claim unqualified contractors disrupted lead paint inside the homes conducting renovations. Portions of the settlement payout will be divided between the three states and will include $50,00 to Rhode Island, $750,000 to Utah, and $732,000 to Massachusetts.
As well as the settlement, Home Depot must agree to a “comprehensive, corporate-wide program to ensure that the firms and contracts it hires to perform works are certified and trained to use lead-safe work practices to avoid spreading lead dust and paint chips during home renovation activities.”
Residential lead paint has been banned since 1978, but it can still be found in millions of older homes and apartments. Lead dust creates hazards for its inhabitants and can lead to serious health issues, including severe learning disabilities in children, a range of debilitative health disorders, seizures, and death.
The DOJ and EPA joined forces to bring Home Depot to court for the violations, especially since children suffer dramatically from lead paint exposure.
“Today’s settlement will significantly reduce children’s exposure to lead paint hazards,” said Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance Susan Bodine. “Home Depot will implement system-wide changes to ensure that contractors who perform work in homes constructed before 1978 are EPA-certified and follow lead-safe practices. EPA expects all renovation companies to ensure their contractors follow these critical laws that protect public health.”
Jonathan D. Brightbill of the DOJ Environment and Natural Resources Division agreed. “These were serious violations,” said Brightbill. “The stiff penalty Home Depot will pay reflects the importance of using certified firms and contractors in older home renovations. Contractors hired for most work in homes built prior to 1978, when lead-based paint was in widespread use, must be certified. These contractors have the training to recognize and prevent the hazards that can be created when lead paint is disturbed.”
The EPA will now oversee all the work done by Home Depot to correct the problems in the affected, renovated houses.
