Showing posts from June, 2010

Lead Paint RRP Rule - EPA Grants More Time for Remodelers to Get Certified

The US EPA has announced that it will not take enforcement action against home repair and remodeling contractor firms for failure to get certified until after October 1, 2010.  EPA will not enforce individual worker certifications so long as the individual has applied for a certification program by September 30, 2010, and completes the training by December 31, 2010.  In granting this extension, EPA noted concerns raised about the limited availability of qualified certification firms.  This decision allows contractors more time to find a qualified certification firm and complete the training.

NOTE:  The substantive requirements of the Lead Paint "Renovate, Repair, Paint" (RRP) rule remain in effect and subject to compliance enforcement (such as the requirement to give the homeowner EPA's RRP pamphlet "Renovate Right," and to follow lead safe work practices, described here).

Thanks to the National Association of Home Builders for their efforts in working with E…

Illinois FOIA - June 30th FOIA Officer Training Deadline Approaching

Illinois' newly revised Freedom of Information Act (FOIA) took effect on January 1.  The law is designed to help foster transparency and accountability in government, and numerous changes were made to that end.  One such change was the requirement that every Illinois public body appoint one or more "Freedom of Information Officers" (FOIA Officers) who are to receive, process, and respond to FOIA requests submitted to the public body.  FOIA Section 3.5.   The law requires that all FOIA Officers complete a mandatory initial training program with the Attorney General's Office by June 30, 2010.  The Attorney General's Office has provided an online registration portal for FOIA Officers, from which the FOIA Officers can complete the required training online.  Interested members of the public can also access FOIA training at this site.  After the initial program, FOIA officers are required to complete additional training annually.

There are numerous small public entiti…

Environmental Consulting / Permitting Work For Real Estate Option Holders May not be Lienable in Illinois

In Mostardi-Platt Associates, Inc. v. Czerniejewski, the Fifth District Illinois Appellate Court affirmed the trial court's dismissal of the plaintiff's mechanics lien claim, where the plaintiff completed "air quality construction permitting and disperson modeling services" for Power Holdings of Illinois, LLC, who had an option to purchase the property at issue.  Case No. 5-09-0339 (May 11, 2010).  The Appellate Court held that plaintiff had not contracted with the "owner" of the land under the Mechanics Lien Act; that the contract between Power Holdings and the owners (Power Holdings was actually assigned this contract from another entity) only authorized feasibility studies, not improvements to the land; and that the services provided by the plaintiff did not result in any improvement to the land or benefit to the owner.

The court analogized the case to L.J. Keefe Co v. Chicago & Northwester Transportation Co, in which a plaintiff subcontractor sough…