We have informed you about the new Lead Laws mandated by the EPA on several occasions this year, and like any new law from the EPA, there are more changes to report. The newest change by the agency, announced just this week, details enforcement guidelines for violations of the RRP Lead Paint Regulations.

Click this [link] to see the full details of the new lead laws.

Up to this point, while the guidelines for the new law have been in place with final implementation slated for October 1, 2010, the definition of specific violations and penalties for non-compliance had not been settled. According to the EPA Consolidated Enforcement Response and Penalty Policy (ERRP) a contractor who fails to follow specific guidelines for working in a lead paint contaminated home or facility will face fines of $37,500. Fines for multiple violations will be substantially higher.

According to the EPA, the ERRP document has defined tables of fines levels based upon the type of violation, gravity of the violation, and guidelines for modification of penalties. The agency notes that the ERRP contains a section that addresses the contractor's ability to pay and continue in business. The consensus is that the EPA is not trying to put contractors out of business, but rather force compliance and levy fines based on actual ability to pay the fines.

Why is this important to insurance professionals? If, at any time, you refer a contractor to work on an insured's home of place of business, remember that the contractor HAS TO BE certified to work on specific properties outlined under the new EPA laws. Your referral of a non-certified contractor could result in yet to be determined legal issues.