Current through October 31, 2024
Section 745.235 - Enforcement(a) Failure or refusal to comply with any requirement of § 745.225 , § 745.226 , § 745.227 , or § 745.233 is a prohibited act under sections 15 and 409 of TSCA (15 U.S.C. 2614 , 2689 ).(b) Failure or refusal to establish, maintain, provide, copy, or permit access to records or reports as required by § 745.225 , § 745.226 , or § 745.227 is a prohibited act under sections 15 and 409 of TSCA (15 U.S.C. 2614 , 2689 ).(c) Failure or refusal to permit entry or inspection as required by § 745.237 and section 11 of TSCA (15 U.S.C. 2610 ) is a prohibited act under sections 15 and 409 of TSCA (15 U.S.C. 2614 , 2689 ).(d) In addition to the above, any individual or firm that performs any of the following acts shall be deemed to have committed a prohibited act under sections 15 and 409 of TSCA (15 U.S.C. 2614 , 2689 ). These include the following:(i) Obtaining certification through fraudulent representation;(ii) Failing to obtain certification from EPA and performing work requiring certification at a job site; or(iii) Fraudulently obtaining certification and engaging in any lead-based paint activities requiring certification.(e) Violators are subject to civil and criminal sanctions pursuant to section 16 of TSCA (15 U.S.C. 2615 ) for each violation.