The Federal government has encouraged firms to utilize the services of independent, impartial monitors who have an in-depth understanding of the regulations affecting their industry. Utilizing the services of an Independent Monitor is a proactive move for firms who previously failed to follow regulatory requirements with federal or state compliance standards, and/or as a condition to avoid criminal prosecution, or where remedial
alternatives are sought.

This is especially true when it comes to ensuring that contractors, building owners, landlords and property management companies who attempt to perform safe work practices when performing EPA’s Lead-Based Paint, Renovation, and Repair (RRP) Rule.

To ensure complete compliance and to keep from having to deal with problems and fines that could come from the EPA, HUD, and even OSHA, utilizing the services of an Independent Monitor promotes ongoing safe business practices that protects the integrity of a firms process and procedures.

While work can be, and often is, done without the use of an independent monitor, this often leads to unsafe practices and procedures and as well as being at risk for a fine and/or work stoppage, this also puts the general public at risk.

As a property owner, landlord, or a multifamily property management company it is in your best interest to be sure you are always working with properly experience and licensed contractors, and have an independent monitor at your disposal. This is especially important if the property you own and are about to get renovated was built before 1978. As there is always a risk of lead-based paint being present, the risk is amplified with older structures.

Firms that use the services of an independent monitor are ones that are taking all the right steps to support environmental compliance. Their staff will be properly trained and ready to deal with any and all lead-based paint that might be present, so the end result is a job that is not only well done, but properly done according to the law.

For more information about the advantages of an independent monitor, please visit our website at www.GoingGlobalGreen.com or contact us at (203) 294-0150 or (203) 294-0156.

Unfortunately many owners of Real Estate properties are unfamiliar just how important and beneficial an O&M program can be if properly implemented and managed.  Just recently we are starting to see that pendulum starting to swing the other way with some owners and property management firms embracing many elements and components of these types of programs.

However, lenders are certainly interested in programs of this type when considering lending money for new purchases or when an owner wishes to refinance his/her property. This is especially true for pre-1978 properties as they may contain Lead-Based Paint, or pre-1981 properties which could contain Asbestos materials. In both cases these are hazardous materials that provide lots of risk for an owner.

Simply, a well managed O&M program will reduce the potential for fines, penalties and lawsuits associated with non compliance of many environmental standards facing the real estate industry today.

Start today by giving some consideration into implementing, asbestos and lead safe work practices so employees and workers are able to work safely which will result in improved environmental performance.

If you have a program currently you might consider hiring an Independent Monitor to review your program. Environmental independent monitors are impartial, monitors with an in-depth understanding of the regulations affecting your industry.

These are all affordable steps that your lender will certainly be interested in.

Need a place to start? Download our property assessment and get a benchmark of where you are today.

Is this an intrusion into our personal space or a justified requirement to protect the public? The primary force driving these and most other lead exposure rules is the health and safety of children. Children are impacted by lead differently than adults. Even very low exposures can have a lasting impact on a small child. With that in mind, isn’t it appropriate for the government to force businesses, property owners and parents to recognize and control lead hazards in locations that are used by children?

Specifically, the HUD requirements are to provide buyers or lessees with an informational pamphlet and also with the known locations of lead based paint. In addition, this information must be provided until it is confirmed through analytical testing that all of the surfaces in the home are free of lead-based paint. In addition, the seller must allow a 10-day period for the buyer or lessee to conduct their own lead-based paint and/or lead hazard assessment. During this period, the contract can be voided due to new lead information that is discovered.

The EPA Rule requirements are a bit different. These rules are directed more towards the contractor than the homeowner. The RRP rule requires each contractor to have “Certified Renovators” who can test the intended work area, inform the homeowner of the potential hazards, direct lead safe practices, determine whether appropriate cleaning has been done, and also to train all of the workers on lead hazards and practices. All of these skills are provided to the supervisor in a one-day class provided by approved training companies.

As a property owner, landlord, or a property management company it is important that you are aware of these rules so that you can insure the actions you take will not lead you to a fine. Since the RRP is directed towards the contractor, the fine will be theirs; however it will significantly impact your costs, timing, and if violations are discovered, could significantly delay your project. However, if you are a property management company who currently manages or owns pre-1978 housing and you or your employee performs repairs and renovations that exceed the limits of the RRP Rule the fines associated with this type of violation is currently $37,500 per violation.

For more information about these, or any current environmental rules, contact Global Green Property Solutions at 203.294.0156 or email info@GoingGlobalGreen.com

So not to bore you with all of the legal details, in the end the company pleaded guilty to one-count of felony violation of the Federal Clean Air Act. By doing so, the company agreed to pay a fine of $1M and to a five (5) year term of probation. Keep in mind that the company had no prior environmental violations.

Little did I know that things where about to become even more interesting for me.  Everything immediately kicked into high gear when the company also agreed to implement an enhanced Environmental Compliance Program (ECP) for the five (5) year probationary period. My world had changed forever as I was about to take on the lead role as the Vice President of Environmental Compliance. I had the full responsibility of translating the compliance agreement into corporate policies, directives, procedures and guidelines for full implementation of our new mandated environmental compliance program by U.S. EPA.

Since the Compliance Agreement included everything but the kitchen sink, sorry I take that back, it did include the kitchen sink and more. To say the early days of the compliance program were chaotic would be an understatement. I was handed a 30+ page compliance agreement along with a very detailed Environmental Compliance Plan. I now had the responsibility to implement the compliance program throughout the entire company that consisted of approximately 550 employees with operations in 12 different states. Many sleepless nights would follow just trying to figure out how I was ever going to make this program work.

The very first thing I learned and it turned out to be the most important, was that for a compliance program to work effectively it must have the full support of senior management. Without full support of senior management there is little chance of your program surviving. Thankfully this was not a problem for me because I was fortunate enough to have had unconditional support from the senior management team for the entire program duration.

After putting together an incredible team to assist me with implementing the many details of the program, I focused on creating and implementing the following elements of the compliance agreement;

• Environmental Policy Statement: The creation of an Environmental Policy Statement that outlined the key aspects of the program and also establishing the company’s commitment to the success of the program. Each employee was given a copy to sign.
• Anonymous & Confidential Hotline Service: Established an Independent Anonymous Hotline Service that all employees were encouraged to use to report any environmental compliance issues without fear of retaliation.
• Independent Monitoring: Established Independent Monitoring of the program elements.
• Key Positions: Created Key Positions with environmental compliance monitoring responsibilities at various geographical locations.
• Audit Program: Created a three (3) Tier Audit Program that consisted of; annual independent audits, annual internal audits and monthly site location audits.
• Training: Created two tiers of environmental training for employees together with job specific training utilizing an on-line training platform.
• Standard Operating Procedures: Created ten (10) media specific standard operating procedures.
• Reporting: Regulatory Reporting and Record Keeping: Created process for assuring regulatory reporting and record retention.
• Service Contractors & Vendors: Created policy on informing contactors of their obligation while on the premises.
• Accountability & Responsibility: Processes and procedures were created to hold all employees and contractors accountable for failing to comply.
• Corrective Actions: Processes and procedures were created to implement corrective actions for all audit findings.

While in the fourth (4) year of the compliance program I received a surprise visit by two EPA audit investigators at our corporate office. The purpose of their visit was to perform a detailed audit of our environmental management system. The audit took two EPA auditors two full days to complete. At the end of the audit I received a twenty (20) page audit report which showed that we had completed the audit with zero findings against the company and that the environmental program was in full compliance. The audit report was our confirmation that all our efforts and hard work paid off.

A firm who is mandated to implement a compliance program by a federal agency will have many important decisions to make directly after the settlement. It’s my opinion that the company’s first and probably the most important decision that upper management will initially be faced with is who will have the responsibility to oversee and manage the compliance program?

My recommendation to the upper management executives that will most likely have the responsibility of selecting the program manager is choose wisely.  Additionally regarding your selection, my advice is to seek out an existing employee with a strong knowledge and familiarity of the workings of the firm’s business operations. Your candidate must be an individual with strong work ethics, with a good performance record, takes pride in his/her work, communicates well and is respected by his/her peers and coworkers, and lastly has a passion for getting things done.  Once a firm has selected their compliance program leader it’s absolutely critical that the highest ranking executive within the company, (Owner, CEO, and or President) communicate their full support for the program leader to every employee within the company, and the new compliance program going forward will be an intricate part of the way the company conducts their business.

In closing, I would like to say that I don’t wish any company to have to experience having a compliance-oriented system mandated by any federal agency as part of a settlement in an enforcement action. However, there is a silver lining here; you’ll find your program will provide benefits. Some benefits that I experienced were, improved employee awareness, moral and teamwork, contractor and vendor awareness, risk reduction, fewer incidents,  improved compliance performance, just to name a few.

And lastly for me, our compliance program provided me the opportunity to really make a positive difference not only for the employees and the company but also provided a benefit for the environment, after all good environmental management techniques benefit everyone.

Thank you.

If you have any comments about this blog site, topics you would like to see in the future please let me know in the comments below.

Universal Waste is generated universally, by several sectors of society and by so many different types of business; hence the name “Universal Waste” The EPA discovered that these wastes actually contain harmful chemicals and were polluting the environment. The EPA determined that these wastes should not be disposed of in the general trash, at landfills, or in any other manner that would introduce them into the environment. It was also determined that since so many businesses generate Universal Waste (including the multifamily industry), there needed to be some regulatory relief regarding the management of these wastes. Therefore, if businesses manage these wastes as Universal Wastes, they do not have to manage them as a hazardous waste.

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