A civil lawsuit has been filed against Precision Consulting Inc., in New Hyde Park, and its principal, Queens Village resident Wayne Gladney, for violating the Toxic Substances Control Act (TSCA), U.S. Attorney Richard Donoghue announced.
The lawsuit seeks injunctive relief preventing the company or Gladney from performing lead-based paint abatements and renovations in the New York City area in violation of federal law.
It is alleged that since 2012, Precision and Gladney have repeatedly performed lead-based paint abatements and renovations in the New York City metropolitan area in violation of TSCA and its implementing regulations.
Donoghue said that it is also alleged that Gladney failed to assign a certified supervisor to oversee the abatements; failed to follow post-abatement clearance procedures; failed to ensure that a certified abatement worker perform the abatements; and failed to obtain EPA certification prior to performing at least one renovation.
The company has continued to perform abatements and host websites promoting their abatement business in which they represent that they have expertise in compliance with laws and regulations related to abatement. In performing unlawful abatements and renovations, Donoghue said that Precision placed the public, and particularly children, at risk of lead exposure.
“The United States filed this action to protect children and their families from defendants’ improper and unsafe lead-based paint abatements and renovations,” stated United States Attorney Donoghue. “This Office seeks an injunction to end these practices, demonstrating its commitment to protecting the public’s health from those who act outside the law.”
According to Donoghue, lead is commonly found in paints used in residences built prior to 1977. Its ingestion, even in small quantities, can cause serious health problems, including hypertension, kidney failure, and infertility.
Children 6 years and younger are the most vulnerable to the harmful effects of lead. Lead poisoning in that age group can lead to intelligence quotient deficiencies, reading and learning disabilities, impaired hearing, reduced attention span, hyperactivity and behavior problems. In adults, lead exposure can cause a decrease in renal function, spontaneous abortions, and preterm birth. Lead dust can also be a trigger for asthma.
“Holding businesses and individuals accountable for flouting lead paint laws can serve as an effective deterrent to those who may otherwise seek to cut corners,” EPA Regional Administrator Peter Lopez added. “By not complying with EPA rules designed to ensure that lead paint activities are conducted by properly trained workers, the defendants put the public, including young children with documented elevated blood lead levels, at risk in their own homes.”
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