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FLORIDA COMPANY INCLUDED IN EPA ACTION TO PROTECT PUBLIC FROM HARMFUL LEAD EXPOSURE

February 3, 2015

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The U.S. Environmental Protection Agency (EPA) filed a complaint against Dynamic Construction and Roofing, LLC of Florida as part of an announcement that included 62 enforcement actions requiring renovation contractors and training providers to protect people from harmful exposure to lead dust and debris, as required by EPA’s Lead-based Paint Renovation, Repair, and Painting (RRP) standards.

The enforcement actions include 55 settlements and six complaints issued between February and October 2014 for renovations performed on pre-1978 homes and child-care facilities. All of the settlements require that the alleged violators certify their compliance with RRP standards and, in most cases, pay civil penalties. In two of the settlements, the violators agreed to fund voluntary lead abatement supplemental environmental projects, which require the removal of lead-based paint and post-construction testing to ensure that no hazardous conditions remain. The settlements led to $213,171 in civil penalties and the violators coming into compliance with federal law. These recent actions are in addition to EPA’s settlement with Lowe’s Home Improvement in April 2014, which included a $500,000 civil penalty as well as implementation of a corporate-wide RRP compliance program. Source: US EPA  read entire article…

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WOULD YOUR SITE QUALIFY FOR A VOLUNTARY CLEANUP TAX CREDIT (VCTC)?

February 3, 2015

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In 1998, the Florida Legislature created the Voluntary Cleanup Tax Credit (VCTC) to encourage participants to conduct voluntary cleanup of certain drycleaning solvent contaminated sites and brownfield sites in designated brownfield areas.  Participants may be private or public entities, but they must meet the eligibility criteria established under Sections 376.3078, 376.30781, and 376.82, F.S, as applicable, and they must enter into either a Voluntary Cleanup Agreement, for drycleaning solvent cleanup, or a Brownfield Site Rehabilitation Agreement.  Tax credit certificates are awarded by the Florida Department of Environmental Protection from an annual $5 million authorization and are valid against Florida Corporate Income Tax.  Tax credit awards in excess of $5 million for any given fiscal year are issued from the next available tax credit authorization.  Click HERE to view the table that summarizes the available types of tax credits and for additional information. Source: FDEP

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DOES YOUR SHOPPING CENTER HAVE AN OPERATING DRY CLEANER?

September 8, 2014

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When is secondary containment required to be in place?

According to the Florida Department of Environmental Protection (FDEP), facilities that begin operation on or after January 1, 1996, must be equipped with secondary containment when the business begins operation. Secondary containment for these facilities must consist of rigid and impermeable containment vessels installed beneath each machine or item of equipment in which drycleaning solvents are used.

Facilities that began operations prior to January 1, 1996, must be equipped with secondary containment by January 1, 1997. Secondary containment for these facilities must consist of rigid and impermeable containment vessels, or a dike around each machine or item of equipment which drycleaning solvents are used.

All facilities, regardless of when operation began, must install secondary containment around any solvent or waste solvent storage area by January 1, 1997. The secondary containment for storage areas must be either a rigid and impermeable vessel, or a surrounding dike.

The rigid and impermeable vessels shall be constructed of metal or other material that cannot be permeated by drycleaning solvents, according to manufacturer product use and limitation recommendations. All diked containment areas must be sealed or otherwise made impervious to drycleaning solvents, including floor surfaces, floor drains, floor joints and inner dike walls. Concrete or asphalt floor surfaces are not impervious to drycleaning solvents. In order to maintain a secondary containment dike that is impervious to drycleaning solvents, all floor surfaces, floor drains and floor joints within the diked area must be sealed with a solvent-resistant sealer and/or caulking compound (sealant).

The FDEP does not recommend any specific floor sealers or sealants. However, the sealer and sealant must be compatible with and resistant to all solvents used at the facility for a contact period of at least 72 hours, according to manufacturer product use and limitation recommendations. The sealant must be applied and maintained in accordance with manufacturer specifications. Sealant specifications and a record of application dates must be maintained at the facility.

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