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`Case 1:20-cv-05112-MHC Document 15 Filed 04/22/21 Page 1 of 89
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`UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF GEORGIA
`ATLANTA DIVISION
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`
`)
`UNITED STATES OF AMERICA;
`)
`THE STATE OF UTAH;
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`THE STATE OF RHODE ISLAND; and )
`THE COMMONWEALTH OF
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`)
`MASSACHUSETTS EXECUTIVE
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`OFFICE OF WORKFORCE
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`DEVELOPMENT, DEPARTMENT
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`OF LABOR STANDARDS,
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`)
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`Plaintiffs,
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`v.
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`HOME DEPOT U.S.A., Inc.,
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`Defendant.
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`Case No. 1:20-cv-05112-MHC
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`CONSENT DECREE
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`

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`Case 1:20-cv-05112-MHC Document 15 Filed 04/22/21 Page 2 of 89
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`TABLE OF CONTENTS
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`JURISDICTION AND VENUE ............................................................................. 4 
`SUBJECT OF THE CONSENT DECREE ............................................................. 4 
`APPLICABILITY ................................................................................................... 5 
`DEFINITIONS ........................................................................................................ 6 
`PENALTY ............................................................................................................ 11 
`COMPLIANCE REQUIREMENTS ..................................................................... 14 
`STIPULATED PENALTIES ................................................................................ 32 
`INTEREST ............................................................................................................ 39 
`FORCE MAJEURE .............................................................................................. 40 
`DISPUTE RESOLUTION .................................................................................... 43 
`INFORMATION COLLECTION AND RETENTION ....................................... 47 
`EFFECT OF SETTLEMENT ............................................................................... 49 
`COSTS .................................................................................................................. 52 
`NOTICES .............................................................................................................. 52 
`EFFECTIVE DATE .............................................................................................. 56 
`RETENTION OF JURISDICTION ...................................................................... 56 
`MODIFICATION ................................................................................................. 56 
`TERMINATION ................................................................................................... 57 
`26 U.S.C. § 162(f)(2)(A)(ii) IDENTIFICATION ................................................. 58 
`PUBLIC PARTICIPATION ................................................................................. 58 
`SIGNATORIES .................................................................................................... 59 
`INTEGRATION ................................................................................................... 59 
`FINAL JUDGMENT ............................................................................................ 60 
`APPENDICES ...................................................................................................... 60 
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`I. 
`II. 
`III. 
`IV. 
`V. 
`VI. 
`VII. 
`VIII. 
`IX. 
`X. 
`XI. 
`XII. 
`XIII. 
`XIV. 
`XV. 
`XVI. 
`XVII. 
`XVIII. 
`XIX. 
`XX. 
`XXI. 
`XXII. 
`XXIII. 
`XXIV. 
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`

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`Case 1:20-cv-05112-MHC Document 15 Filed 04/22/21 Page 3 of 89
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`WHEREAS, Plaintiff United States of America (“United States”), on behalf
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`of the United States Environmental Protection Agency (“U.S. EPA”); Plaintiff
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`State of Utah (“Utah”), on behalf of the Utah Department of Environmental
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`Quality and the Utah Division of Air Quality; Plaintiff State of Rhode Island
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`(“Rhode Island”), on behalf of the Rhode Island Department of Health Lead
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`Poisoning Prevention Program; and Plaintiff Commonwealth of Massachusetts
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`Executive Office of Labor and Workforce Development, Department of Labor
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`Standards (collectively “Plaintiffs”), have filed a Complaint in this action
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`concurrently with the lodging of this Consent Decree, which alleges, inter alia, that
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`Home Depot U.S.A., Inc. (“Defendant”) violated Sections 402(c), 406(b), and 407
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`of Title IV of the Toxic Substances Control Act (“TSCA”), 15 U.S.C. §§ 2682(c),
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`2686(b), & 2687, certain provisions of U.S. EPA’s Lead Renovation, Repair and
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`Painting Rule promulgated thereunder and codified at 40 C.F.R. Part 745, Subpart
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`E, as well as the corresponding legal authorities, regulations, and requirements set
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`forth by the various States, Indian Tribes, and other jurisdictions authorized by
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`U.S. EPA under Section 404(a) of TSCA, 15 U.S.C. § 2684(a), to administer (in
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`whole or in part) the requirements of TSCA and the Lead Renovation, Repair and
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`Painting Rule (which EPA may independently enforce pursuant to 15 U.S.C. §
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`2864(b) (“Upon authorization of a State program under this section, it shall be
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`unlawful for any person to violate or fail or refuse to comply with any requirement
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`

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`Case 1:20-cv-05112-MHC Document 15 Filed 04/22/21 Page 4 of 89
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`of such program.”)), including, by way of example, the Utah regulations
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`promulgated under Section 19-2-104(1)(i) of the Utah Code contained in Utah
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`Administrative Code Rules R307-840 through R307-842 (“Utah Lead-Based Paint
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`Rules”); the Rhode Island Rules and Regulations for Lead Poisoning Prevention
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`(“Rhode Island Lead Regulations”) promulgated under R.I.G.L. § 23-24.6-1 et
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`seq.; and the Massachusetts Deleading and Lead-Safe Renovation Regulations, 454
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`CMR 22.00 et seq. (“Massachusetts Lead Regulations”) (for ease of reference U.S.
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`EPA’s Lead Renovation, Repair and Painting Rule and the corresponding rules and
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`regulations in authorized States, Indian Tribes, and other jurisdictions are referred
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`to collectively as the “RRP Rules”); and
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`WHEREAS, Defendant does not admit the allegations set forth in the
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`Complaint; and
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`WHEREAS, the Plaintiffs allege they are entitled to seek injunctive relief in
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`a judicial action, including, but not limited to, an order requiring Defendant to
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`comply with the RRP Rules under Section 17 of TSCA, 15 U.S.C. § 2616, the
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`corresponding authorities in the authorized States, Indian Tribes, and other
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`jurisdictions, including the Utah Lead-Based Paint Rules, the Rhode Island Lead
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`Regulations, and the Massachusetts Lead Regulations, to ensure compliance
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`through development and implementation of compliance procedures, and to ensure
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`that any existing compliance procedures are continued; and
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`-2-
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`Case 1:20-cv-05112-MHC Document 15 Filed 04/22/21 Page 5 of 89
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`WHEREAS, Defendant, through this Consent Decree, is developing and will
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`implement procedures to help ensure compliance with the RRP Rules, as set forth
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`in Section VI (Compliance Requirements), including Exhibits A through F, of this
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`Consent Decree; and
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`WHEREAS, Defendant, through this Consent Decree, is implementing
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`projects to provide education and outreach to the community about the RRP Rules;
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`and
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`WHEREAS, Defendant, through this Consent Decree, is implementing
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`procedures for disciplining Installers that do not comply with the requirements of
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`the RRP Rules when performing Renovations in Target Housing or Child-
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`Occupied Facilities for Defendant; and
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`WHEREAS, the United States, Utah, Rhode Island, and Massachusetts
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`allege that Defendant is subject to administrative penalties by U.S. EPA under
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`Section 16 of TSCA, 15 U.S.C. § 2615, as well as civil penalties by Utah under
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`Section 19-2-115(2)(a) of the Utah Code, Rhode Island under R.I.G.L. § 23-24.6-
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`27(a), and Massachusetts under 454 CMR 29.04(2); and
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`WHEREAS, subject to the requirements in Section XX (Public
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`Participation), below, Plaintiffs and Defendant consent to entry of this Consent
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`Decree without trial of any issues; and
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`WHEREAS, the Parties recognize, and the Court by entering this Consent
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`-3-
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`Case 1:20-cv-05112-MHC Document 15 Filed 04/22/21 Page 6 of 89
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`Decree finds, that this Consent Decree has been negotiated by the Parties in good
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`faith and will avoid litigation between the Parties and that this Consent Decree is
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`fair, reasonable, and in the public interest.
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`NOW, THEREFORE, without any admission by Defendant of fact or law or
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`acknowledgement of any liability, and without any admission by Defendant of the
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`violations alleged in the Complaint, IT IS HEREBY ADJUDGED, ORDERED,
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`AND DECREED as follows:
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`I. JURISDICTION AND VENUE
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`1.
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`Solely for the purposes of entry of this Consent Decree, or any action
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`to enforce this Decree, Defendant consents to the Court’s jurisdiction over this
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`Decree and any such action, and to venue in this judicial district, except as
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`otherwise provided in this Decree.
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`2.
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`Solely for purposes of entry of this Consent Decree, Defendant agrees
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`that the Complaint states claims upon which relief may be granted pursuant to
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`Sections 15 U.S.C. § 2616, 28 U.S.C. § 1355, and the corresponding authorities in
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`authorized States, Indian Tribes, and other jurisdictions, including Utah Code § 19-
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`2-115(2)(a), R.I.G.L. § 23-24.6-27(a), and M.G.L. c. 149 § 6.
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`II. SUBJECT OF THE CONSENT DECREE
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`3.
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`This Consent Decree concerns the RRP Rules, which require that
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`firms performing certain renovation, repair, and painting projects for
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`-4-
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`Case 1:20-cv-05112-MHC Document 15 Filed 04/22/21 Page 7 of 89
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`compensation, which disturb lead-based paint in homes and child-occupied
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`facilities built before 1978, must be certified by U.S. EPA or a U.S. EPA-
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`authorized State or Tribal program, and must use Certified Firms and Certified
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`Renovators who must ensure disclosure of RRP-related information, develop and
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`maintain required records, and follow specific work practices to prevent lead
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`contamination. This Consent Decree also concerns the corresponding
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`requirements to the RRP Rules in authorized States, Indian Tribes, and other
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`jurisdictions. In particular, Utah, Rhode Island, and Massachusetts have similar
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`provisions contained in Utah Lead-Based Paint Rules, the Rhode Island Lead
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`Regulations, and the Massachusetts Lead Regulations, respectively.
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`III. APPLICABILITY
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`4.
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`The obligations of this Consent Decree apply to and are binding upon
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`the Plaintiffs and upon Defendant and any successors, assigns, or other entities or
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`persons otherwise bound by law.
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`5.
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`No change in corporate status or ownership of Defendant shall affect
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`Defendant’s obligations under this Consent Decree. At least thirty (30) Days prior
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`to transferring ownership or operation of any part of the corporation of the
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`Defendant, Defendant shall give notice of the terms of this Consent Decree to the
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`prospective successor owner or operator of the corporation or portion thereof of the
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`Defendant, and shall simultaneously verify to U.S. EPA in writing, in the manner
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`-5-
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`Case 1:20-cv-05112-MHC Document 15 Filed 04/22/21 Page 8 of 89
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`set forth in Section XIV (Notices), that such notice has been given. No such sale
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`or transfer shall relieve Defendant of any obligation set forth herein unless agreed
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`to in writing by the United States and approved by the Court.
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`6. Within sixty (60) Days after entry of this Consent Decree, Defendant
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`shall provide a copy of this Consent Decree to the Senior RRP Compliance
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`Manager, as herein defined, and provide a written summary of the requirements in
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`Section VI (Compliance Requirements) of this Consent Decree to its regional and
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`area field service installed sales employees whose duties reasonably include
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`compliance with Section VI of this Consent Decree.
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`7.
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`In any action to enforce this Consent Decree, Defendant shall not raise
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`as a defense the failure by any of its officers, directors, employees, agents, or
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`contractors (including Firms and/or Renovators) to take any actions necessary to
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`comply with the provisions of this Consent Decree.
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`IV. DEFINITIONS
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`8.
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`Unless otherwise expressly stated, the terms used in this Consent
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`Decree that are defined in TSCA or 40 C.F.R. Part 745, Subpart E shall have the
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`meanings set forth in such definitions. Whenever the terms set forth below are
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`used in this Consent Decree, the following definitions shall apply:
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`-6-
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`Case 1:20-cv-05112-MHC Document 15 Filed 04/22/21 Page 9 of 89
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`a.
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`“Certified Firm” shall mean a Firm that has applied for and received a
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`certification under the RRP Rules from U.S. EPA or from a State or Tribe
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`authorized to administer the RRP Rules.
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`b.
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`“Certified Renovator” shall have the same meaning as certified
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`renovator within the definition of “Renovator” at 40 C.F.R. § 745.83.
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`c.
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`“Common Areas” shall mean those portions of a property generally
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`accessible to residents/users of Target Housing, and can exist on both the interior
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`and exterior of the building, and include, but are not limited to, hallways,
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`stairways, laundry and recreational rooms, playgrounds, community centers,
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`garages, and boundary fences.
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`d.
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`“Consent Decree” or “Decree” shall mean this Consent Decree and
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`Exhibits A through F hereto, and all modifications of this Consent Decree provided
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`such modifications were made pursuant to Section XVII (Modification) of this
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`Consent Decree. The requirements of Exhibits A through F of this Consent Decree
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`are incorporated herein by reference and made a directly enforceable part of this
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`Consent Decree.
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`e.
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`f.
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`“Customer” is a person that has a Customer Contract with Defendant.
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`“Customer Contract” shall mean a written agreement between
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`Defendant and a customer for any project that involves a Renovation.
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`g.
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`“Day” shall mean a calendar day unless expressly stated to be a
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`-7-
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`Case 1:20-cv-05112-MHC Document 15 Filed 04/22/21 Page 10 of 89
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`Business Day. “Business Day” shall mean a day other than a Saturday, Sunday or
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`federal holiday. In computing any period of time under this Consent Decree,
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`where the last day would fall on a Saturday, Sunday, or federal holiday, the period
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`will run until the close of business of the next Business Day.
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`h.
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`i.
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`“Defendant” shall mean Home Depot U.S.A., Inc.
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`“Firm” shall mean a company, partnership, corporation, sole
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`proprietorship, or individual doing business, association, or other business entity
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`who either performs or directs workers who perform a Renovation.
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`j.
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`“Fiscal Quarter” shall mean the four quarters of the fiscal year of the
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`Defendant, which begins on the first Monday of the first full week of February of a
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`given year (e.g., February 1, 2021) and for the avoidance of doubt are as follows:
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`Q1 February – April; Q2 May – July; Q3 August – October; Q4 November –
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`January.
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`k.
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`“Government Agency” shall mean a Federal, State, Tribal/Territorial,
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`or local agency with authority and interests pertinent to the purpose, function, and
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`compliance with the RRP Rules.
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`l.
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`“Installer” shall mean a Person that contracts with Defendant to
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`perform a Renovation, including but not limited to a Certified Firm and/or
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`Certified Renovator that has so contracted with Defendant.
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`m.
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`“Interest” shall mean interest pursuant to 28 U.S.C. § 1961.
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`-8-
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`Case 1:20-cv-05112-MHC Document 15 Filed 04/22/21 Page 11 of 89
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`n.
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`A “Lead Project” shall mean a Renovation performed in Target
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`Housing or a Child-Occupied Facility by an Installer pursuant to a Customer
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`Contract.
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`o.
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`“Massachusetts” shall mean the Commonwealth of Massachusetts
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`Executive Office of Labor and Workforce Development, Department of Labor
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`Standards.
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`p. Massachusetts Lead Regulations shall mean the Massachusetts’
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`Deleading and Lead-Safe Renovation Regulations, 454 CMR 22.00 et seq.
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`q.
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`“Pamphlet” shall mean the U.S. EPA pamphlet titled “The Lead-Safe
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`Certified Guide to Renovate Right,” GPO Document #EPA-740-K-10-001, rev.
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`9/2011, and developed under Section 406(a) of TSCA for use under Section 406(b)
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`of TSCA, or any State or Tribal pamphlet approved by U.S. EPA pursuant to 40
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`C.F.R. § 745.326 that is developed for the same purpose, as may be updated by
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`U.S. EPA or the Defendant from time to time. This includes reproductions of the
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`pamphlet when copied in full and without revision or deletion of material from the
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`pamphlet (except for the addition or revision of State or local sources of
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`information or the addition of other information added by Defendant, such as a
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`helpline or contact information).
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`r.
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`“Paragraph” shall mean a portion of this Consent Decree identified by
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`an Arabic number and/or lower case letter.
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`-9-
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`Case 1:20-cv-05112-MHC Document 15 Filed 04/22/21 Page 12 of 89
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`s.
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`“Parties” shall mean the United States of America, Utah, Rhode
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`Island, Massachusetts, and Defendant.
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`t.
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`“Rhode Island” shall mean the State of Rhode Island acting on behalf
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`of the Rhode Island Department of Health Lead Poisoning Prevention Program.
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`u.
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`“Rhode Island Lead Regulations” shall mean the State of Rhode
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`Island’s Rules and Regulations for Lead Poisoning Prevention. 216-RICR-50-15-3
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`et seq.
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`v.
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`“RRP Rules” shall mean U.S. EPA’s Lead Renovation, Repair and
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`Painting Rule set forth at 40 C.F.R. Part 745, Subpart E, and shall also include the
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`corresponding rules and regulations in the authorized States, Indian Tribes, and
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`other jurisdictions.
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`w.
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`“Section” shall mean a portion of this Consent Decree identified by a
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`Roman numeral.
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`x.
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`“Subcontractor” shall mean a Person that is under contract with an
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`Installer and is retained by the Installer. A Person under contract with a
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`Subcontractor as defined in the previous sentence shall also be a Subcontractor.
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`y.
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`“Target Housing” shall mean any housing constructed prior to 1978,
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`except housing for the elderly or persons with disabilities (unless any child who is
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`less than 6 years of age resides or is expected to reside in such housing) or any 0-
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`bedroom dwelling, as defined in 40 C.F.R. § 745.103.
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`-10-
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`

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`Case 1:20-cv-05112-MHC Document 15 Filed 04/22/21 Page 13 of 89
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`z.
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`“TSCA” means the Toxic Substances Control Act, 15 U.S.C. §§ 2601
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`to 2692.
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`aa.
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`“U.S. EPA” shall mean the United States Environmental Protection
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`Agency and any of its successor departments or agencies.
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`bb.
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`“United States” shall mean the United States of America acting on
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`behalf of the U.S. EPA.
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`cc.
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`“Utah” shall mean the State of Utah acting on behalf of the Utah
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`Department of Environmental Quality and the Utah Division of Air Quality.
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`dd.
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`“Utah Lead-Based Paint Rules” shall mean the State of Utah’s
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`regulations contained in Utah Administrative Code Rules R307-840 through R307-
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`842.
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`V. PENALTY
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`9. Within thirty (30) Days after the Effective Date of this Consent
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`Decree, Defendant shall pay a total penalty of Twenty Million Seven Hundred and
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`Fifty Thousand Dollars ($20,750,000.00), together with Interest accruing from the
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`date on which the Consent Decree is lodged with the Court.
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`10. Payment of the penalty set forth in Paragraph 9 shall be allocated as
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`follows:
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`a.
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`Defendant shall pay Nineteen Million Two Hundred and Eighteen
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`Thousand Dollars ($19,218,000.00), together with Interest, as an administrative
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`-11-
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`

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`Case 1:20-cv-05112-MHC Document 15 Filed 04/22/21 Page 14 of 89
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`penalty by FedWire Electronic Funds Transfer (“EFT”) to the U.S. Department of
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`Justice in accordance with written instructions to be provided to Defendant,
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`following entry of the Consent Decree, by the Financial Litigation Unit of the U.S.
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`Attorney’s Office in the Northern District of Georgia. At the time of payment,
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`Defendant shall send a copy of the EFT authorization form and the EFT transaction
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`record, together with a transmittal letter, which shall state that the payment is for
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`the penalty owed pursuant to the Consent Decree in United States of America v.
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`Home Depot U.S.A., Inc., and shall reference the civil action number and DOJ case
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`number 90-5-1-1-11854, to the United States in accordance with Section XIV
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`(Notices) of this Consent Decree; by email to acctsreceivable.CINWD@epa.gov;
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`and by mail to:
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`EPA Cincinnati Finance Office
`26 Martin Luther King Drive
`Cincinnati, Ohio 45268
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`Defendant shall pay a civil penalty of Seven Hundred Fifty Thousand
`
`
`b.
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`Dollars ($750,000.00), together with Interest, by wire transfer to the Utah
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`Department of Environmental Quality, Utah Division of Air Quality, in accordance
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`with instructions that will be provided to the Defendant following the entry of this
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`Consent Decree. Utah and the Defendant agree that eighty percent (80%) of the
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`total penalty amount due to Utah ($600,000.00, together with Interest) shall be
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`deposited into the Environmental Mitigation and Response Fund (“the Fund”) as
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`-12-
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`Case 1:20-cv-05112-MHC Document 15 Filed 04/22/21 Page 15 of 89
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`authorized by Section 19-1-603(3) of the Utah Code. The funds deposited by the
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`Defendant to the Fund shall be earmarked for asbestos and lead-based paint
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`abatement projects per Sections 19-1-603(4) and 19-1-604(2) of the Utah Code.
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`The funds will remain in the Fund until depleted for use on the asbestos and lead-
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`based paint abatement projects and will not revert or be paid back to the
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`Defendant. The remainder of the Utah penalty required under this subparagraph
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`($150,000.00, together with Interest) shall be deposited into the General Fund
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`under Section 19-2-115(9)(a) of the Utah Code.
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`c.
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`Defendant shall pay a civil penalty of Fifty Thousand Dollars
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`($50,000.00), together with Interest, by check to the Rhode Island Treasurer –
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`Lead Screening Restricted Receipt Account, in accordance with instructions that
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`will be provided to the Defendant following the entry of this Consent Decree. In
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`accordance with R.I.G.L. § 23-24.6-10, the funds shall be used for lead-based paint
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`abatement projects and shall remain in the Lead Screening Restricted Account until
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`depleted.
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`d.
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`Defendant shall pay a civil penalty of Seven Hundred Thirty Two
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`Thousand Dollars ($732,000.00), together with Interest, by check to the
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`Massachusetts Department of Labor Standards, in accordance with instructions that
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`will be provided to the Defendant following the entry of this Consent Decree.
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`-13-
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`11. Defendant shall not deduct the penalty, or any Interest or stipulated
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`penalties, paid to the Plaintiffs under this Consent Decree from its federal income
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`taxes, and this Consent Decree does not in any way release Defendant from any
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`claims arising under Title 26 of the United States Code.
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`VI. COMPLIANCE REQUIREMENTS
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`12. Defendant shall comply with all applicable requirements of Sections
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`402(c) and 406(b) of TSCA and their implementing regulations.
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`13. RRP Firm Certification. Defendant shall retain and timely renew its
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`RRP Firm Certification as set forth in 40 C.F.R. § 745.89.
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`14. Senior RRP Compliance Manager. Within thirty (30) Days of the
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`Effective Date of the Consent Decree, Defendant shall designate an individual
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`employed by Defendant, at least at the level of a Vice President, to serve as the
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`Defendant’s “Senior RRP Compliance Manager.” The identity of the Senior RRP
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`Compliance Manager is subject to change without the approval of U.S. EPA or the
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`Court by providing notice in the next semi-annual report as provided for in
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`Paragraph 21 below.
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`15. Age of Property. Upon the Effective Date of the Consent Decree, the
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`Defendant will certify that it uses third-party software to query public records and
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`other information regarding the year built date of the property to automatically
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`determine and upload the year of construction for each property where Defendant
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`-14-
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`Case 1:20-cv-05112-MHC Document 15 Filed 04/22/21 Page 17 of 89
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`has entered into a contract to conduct a Renovation. If the year built date of the
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`property cannot be ascertained by the third-party software, the Defendant will:
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`a.
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`Use property or other public records (e.g., tax assessor) to determine
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`the year built of the property; or
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`b.
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`Defendant may use information from the owner of the property
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`involved in the Renovation as documented on an HS-118 Form (see Exhibit F); or
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`c.
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`If Defendant cannot establish the year built date of the property based
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`on Paragraph 15.a or Paragraph 15.b, the Installer or Subcontractor conducting the
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`Renovation shall assume that the property involved in the Renovation was built
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`before 1978.
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`16. Customer Notification Requirements.
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`a. Website Posting. Within thirty (30) Days of the Effective Date of the
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`Consent Decree, Defendant shall submit to U.S. EPA a certification, in the manner
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`set forth in Section XIV (Notices) of the Consent Decree, and signed by the Senior
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`RRP Compliance Manager, that Defendant has included a link to the page on U.S.
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`EPA’s website that provides information on lead-safe work practices (currently at
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`http://www.epa.gov/lead/renovation-repair-and-painting-program) at an
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`appropriate location in the “Home Services” section of its public internet website,
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`or such other location on Defendant’s website as may be agreed to in writing by
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`the Parties.
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`Case 1:20-cv-05112-MHC Document 15 Filed 04/22/21 Page 18 of 89
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`b.
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`Delivery of Pamphlet. Upon the Effective Date of the Consent
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`Decree, the Defendant shall:
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`i.
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`Delivery of Pamphlet to Customer. Obtain and retain, before
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`the commencement of a Lead Project (but no more than sixty (60) Days
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`before), a signed and dated receipt from the Customer denoting delivery of
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`the Pamphlet to the Customer or documentation reflecting the attempted
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`delivery of the Pamphlet (such as a certificate of mailing). Defendant may
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`comply with this provision by obtaining and retaining a document denoting
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`timely delivery or attempted delivery of the Pamphlet from the Installer or
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`Subcontractor performing the Lead Project.
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`ii.
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`Delivery of Pamphlet to Occupant Other than Customer. If the
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`Lead Project is in a dwelling unit of Target Housing or in a Child-Occupied
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`Facility that is not occupied by the Customer, Defendant shall obtain and
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`retain information, consistent with the requirements in 40 C.F.R. § 745.84,
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`denoting delivery or attempted delivery of the Pamphlet to an adult occupant
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`of such Target Housing unit, or an adult representative of such Child-
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`Occupied Facility, prior to commencing any Lead Project (but no more than
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`sixty (60) Days before the commencement of the Lead Project). Defendant
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`may comply with this provision by obtaining and retaining a document
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`Case 1:20-cv-05112-MHC Document 15 Filed 04/22/21 Page 19 of 89
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`denoting timely delivery or attempted delivery of the Pamphlet from the
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`Installer or Subcontractor performing the Lead Project.
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`iii.
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`Delivery of Pamphlet for Lead Projects in Common Areas. For
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`Lead Projects in Common Areas, Defendant shall obtain and retain
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`information, consistent with the requirements in 40 C.F.R. § 745.84(b),
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`denoting that an Installer or Subcontractor performing the Lead Project:
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`provided the Pamphlet to the owner of the multi-unit Target Housing;
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`notified in writing each affected unit of the Lead Project and changes to the
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`Lead Project, or posted informational signs while the Lead Project is
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`ongoing; and made the Pamphlet available.
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`iv.
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`Institute procedures that require an Installer or Subcontractor
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`performing a Lead Project to document the acknowledgment of receipt or
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`attempted delivery of the Pamphlet as required by Paragraph 16.b.i to iii,
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`and provide such documentation to Defendant within thirty (30) Days after
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`an Installer notifies Defendant that the Installer or Subcontractor has
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`completed a Lead Project.
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`c.
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`Checklist. Upon the Effective Date of the Consent Decree:
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`i.
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`Defendant shall, upon completion of a Lead Project, require the
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`Installer or Subcontractor to complete the Installer Checklist that is attached
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`to this Consent Decree in Exhibit A (“Checklist”) and provide it to the
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`Case 1:20-cv-05112-MHC Document 15 Filed 04/22/21 Page 20 of 89
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`owner and, if different, an adult occupant within thirty (30) Days of
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`completion of a Lead Project. If the Installer or Subcontractor fails to
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`provide a completed Checklist to the owner and, if different, an adult
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`occupant, Defendant shall provide it at the owner or occupant’s request if
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`Defendant has the Checklist from the Installer.
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`ii.
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`Defendant shall use the Checklist in the form set forth in
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`Exhibit A, which Defendant may revise from time to time with the prior
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`written approval of U.S. EPA. Defendant shall provide such updated
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`Checklist to its Installers within thirty (30) Days of U.S. EPA’s approval.
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`iii.
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`Not later than ninety (90) Days after the Effective Date,
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`Defendant shall include a prompt in any computerized selling tools that
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`instructs Defendant’s sales associates in the process of selling a Lead Project
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`to inform Defendant’s customers of the following: (1) upon completion of
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`the Renovation, the Installer or Subcontractor will complete a copy of the
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`Installer Checklist for Renovations (“Checklist”); (2) the Installer or
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`Subcontractor shall provide a copy of the completed Checklist to the owner
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`and, if different, an adult occupant, as required by the RRP Rules; and (3) if
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`the Installer or Subcontractor fails to provide a copy of the completed
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`Checklist to the owner or occupant as required, then the owner or occupant
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`may contact Defendant and Defendant shall provide a copy of the Checklist
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`Case 1:20-cv-05112-MHC Document 15 Filed 04/22/21 Page 21 of 89
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`to the owner or occupant as completed by the Installer or Subcontractor,
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`provided that the Installer or Subcontractor has submitted the completed
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`Checklist to Defendant.
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`iv.
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`Not later than ninety (90) Days after the Effective Date, for
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`Lead Projects sold by a third-party on Defendant’s behalf, Defendant will
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`require that the third-party provide the same disclosure as set forth in
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`Paragraph 16.c.iii.
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`17. Lead Testing. Upon the Effective Date of the Consent Decree, for all
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`Lead Projects where an Installer or Subcontractor conducts lead testing, Defendant
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`shall require the Installer or Subcontractor to conduct lead testing properly, as set
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`forth in the RRP Rules, and provide the Defendant with a copy of the completed
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`lead testing form found in Exhibit B, which form may be modified from time to
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`time with the prior written approval of U.S. EPA; provided, however, that lead
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`testing and the lead testing form are not required for those Lead Projects where the
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`presence of lead is assumed. The phrase “where the presence of lead is assumed”
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`shall mean for the purposes of this Consent Decree, situations where Defendant or
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`its Installers and Subcontractors assume the presence of lead paint and comply
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`with all of the RRP Rules as if there had been a positive lead test.
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`Case 1:20-cv-05112-MHC Document 15 Filed 04/22/21 Page 22 of 89
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`18. Use of Certified Firms and Certified Renovators.
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`a.
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`Upon the Effective Date of the Consent Decree, Defendant shall use
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`Certified Firms and Certified Renovators for Lead Projects (except for portions of
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`Lead Projects that are not subject to the requirements of the RRP Rules) as
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`required by 40 C.F.R. § 745.85(a) and 40 C.F.R. § 745.89(d). Defendant shall
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`require that Installers that subcontract all or a portion of the Lead Project to a
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`Subcontractor use only Certified Firms to perform any portion of Lead Projects
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`(except for portions of Lead Projects that are not subject to the requirements of the
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`RRP Rules), and assign at least one Certified Renovator to each Lead Project. For
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`those instances in which Defendant does not select the Installer (e.g., jobs that are
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`sold and installed by a third party on Defendant’s behalf), Defendant shall require
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`that those third parties utilize RRP Certified Firms and Certified Renovators for
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`portions of Lead Projects subject to the requirements of the RRP Rules.
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`b. Within one hundred and twenty (120) Days of the Effective Date of
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`the Consent Decree, Defendant shall submit to U.S. EPA a certification, in