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Lead-Based Paint FAQs

 

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The LBP Program is new. What are DEQ’s plans for informing contractors and the public that OAC 252:110 are in effect and will be enforced?

In all environmental programs administered by DEQ, the goal is compliance. It is the policy of DEQ that the initial enforcement efforts are directed at educating the stakeholders about the requirements. If there were an obvious, egregious violation, which presents an immediate danger to public health and the environment, we would take swift and appropriate action. Otherwise, the DEQ’s policy is to ensure that people are aware of the requirements of DEQ’s LBP Management Rules (OAC 252:110).

It is important to note that this is a largely self-policing industry. DEQ is not typically notified of bid lettings and requests for proposals. If certified contractors learn of LBP services being performed by contractors who are not certified, they have a duty and responsibility to the industry to inform DEQ. This allegation should be submitted as a formal complaint. DEQ’s statewide complaint hotline can be reached at 1-800-522-0206 (please call 702-6222 in the OKC local calling area). The DEQ investigates each and every environmental complaint to resolution within 90 days.

Have any enforcement actions been directed at individuals or companies who are not following OAC 252:110?

Yes. The DEQ has sent warning letters and information to both individuals and companies. As described in our enforcement response plan, DEQ’s first step in the enforcement process is to serve notice of the requirements of our LBP program. More severe enforcement actions have not been warranted to date.

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