Lead Abatement Work Practice Standards Enforcement Manual

In most cases, acute noncompliance violations will result in the department referring an entity or individual for prosecution, as well as, assessing administrative penalties against the violator, lead abatement supervisor and/or contractor. In addition, dependent upon the harm or potential harm the acute noncompliance violation has or may have caused, the extent of deviation from the appropriate regulations and laws and the violator’s previous compliance record the department can pursue the option of restricting, suspending, denying and/or revoking the licensed lead professional’s license(s).

Administrative Penalties. Acute violations shall result in a notice of violation and no administrative penalty for the first identified offense, a notice of violation and an administrative penalty of two hundred fifty ($250) dollars imposed against the regulated entity or individual for the second identified offense, a notice of violation and an administrative penalty of five hundred ($500) dollars for the third identified offense, and thereafter, a notice of violation and an administrative penalty of one thousand ($1,000) dollars for each additional identified offense within the calendar year.

Violation: Failure of any person or lead abatement contractor, conducting lead abatement activities, to include disclosure of any potential lead hazards to the owners and tenants of a dwelling by the Missouri licensed risk assessor who conducted the initial risk assessment in the written notification.

Any regulated entity or individual failing to inform the owners and tenants of a dwelling that information regarding potential lead hazards may be accessed via the Internet or disclosing any potential lead hazards to the owners and tenants of a dwelling is guilty of a class A misdemeanor.

Violation: Failure of the lead abatement contractor, in an emergency situation as defined by rule, to notify the department within twenty-four (24) hours of the onset of the project.

Violation: Failure of the lead abatement contractor, in an emergency situation as defined by rule, to submit the written notification and notification fee to the department no more than five (5) days after the onset of the project.

Any regulated entity or individual conducting emergency lead abatement activities without notifying the department or submitting notification or notification fees to the department is guilty of a class A misdemeanor.

Violation: Failure of the lead abatement contractor, upon completion of the abatement, to submit to the department written notification and the final clearance results report.

Any regulated entity or individual conducting lead abatement activities without submitting final clearance results to the department is guilty of a class A misdemeanor.

Violation: Failure of any lead inspector, risk assessor, lead abatement supervisor, lead abatement worker, project designer, or lead abatement contractor to cease and desist conducting lead abatement activities once such person’s license, issued under section 701.312, RSMo, is under suspension or revocation.

Any regulated entity or individual who engages in a lead abatement project while such person’s license is under suspension or revocation is guilty of a class D felony.

Violation: Falsifying any information provided to the department; lead licenses, renotifications, reports, or clearance results.

Committing the following licensure violation shall result in the department immediately issuing a cease and desist order against the lead abatement contractor, supervisor and worker(s).

Violation: Failure to be appropriately licensed, as set forth in sections 701.300 through 701.338, RSMo, and 19 CSR 30.70-110 through 19 CSR 30-70.200, while conducting lead abatement activities.

Any regulated entity or individual conducting lead abatement or clearance activities without being appropriately licensed, as set forth in sections 701.300 – 701.338, RSMo is guilty of a class A misdemeanor.

Insurance Violations

Violation: Failure of the lead abatement contractor to purchase and maintain liability and errors and omissions insurance.

Lead Abatement Work Practice Standards Violations

Violation: Failure of the lead abatement supervisor, as well as the lead abatement contractor employing that lead abatement supervisor, to ensure that all abatement project activities are conducted in accordance with 19 CSR 30-70.600 through 19 CSR 30-70.630 and all federal, state and local laws, regulations or ordinances pertaining to lead-bearing substance activities.

Violation: Use of any prohibited lead abatement strategies defined in 19 CSR 30-70.630(9)(B) Lead Abatement Work Practice Standards.