Window World of Omaha to Pay $3,976 Penalty for Failure to Notify Owners, Residents of Lead Risks

In addition, the company will provide a nonprofit with 71 new windows for a renovation project.

Window World of Omaha, Neb., has agreed to pay a $3,976 civil penalty to the United States to settle allegations that it failed to notify owners and occupants of at least eight Omaha residential properties built before 1978 of lead-based paint risks before performing renovation work at those locations.

According to an administrative consent agreement filed by EPA Region 7 in Kansas City, Kan., the window replacement company was legally required to provide owners and residents of the properties with an EPA-approved lead hazard information pamphlet before starting renovations at the properties.

Provision of the lead hazard information pamphlet to property owners and occupants is one requirement of the Residential Lead-Based Paint Hazard Reduction Act, which Congress passed in 1992 as an amendment of the federal Toxic Substances Control Act (TSCA).

The regulation is intended to protect owners and occupants of residential properties, child care facilities, and schools built before 1978 from health risks associated with lead-based paint. Lead-based paint was banned for residential use in the United States in 1978. Most homes built before 1978 contain some amount of lead-based paint, and subsequent renovation activity of such properties can cause occupants to be exposed to dust, chips and debris that contain lead.

The Residential Lead-Based Paint Hazard Reduction Act requires renovators of such properties to obtain certified training, follow safe work practices, and take specific steps to make owners and occupants aware of health risks associated with lead exposure before renovation work occurs.

As part of its settlement with EPA, and in addition to paying the $3,976 civil penalty, Window World of Omaha has agreed to perform a supplemental environmental project, through which it will provide 71 new windows at an estimated cost of $11,928 to Soby Ranch Ministry’s Operation Phoenix. Five residential properties in Omaha that are undergoing renovation though Operation Phoenix will benefit from the replacement windows, resulting in the removal of 71 old windows contaminated with lead based paint. The non-profit organization partners with community resources to teach basic construction techniques to under-skilled workers.

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