Dillan Delucio, Violating Title 18 U.S.C., Indiana 2016

Richmond, IN – Dillan Delucio, of Richmond, Indiana, was sentenced to one year of probation and 50 hours of community service on March 3, 2022, following a federal investigation into violations of lead-safe renovation practices. The case, brought by the Environmental Protection Agency (EPA), revealed a pattern of non-compliance during renovation projects undertaken by Aluminum Brothers, a lead-based paint renovation firm co-owned and operated by Delucio and his father.

The investigation focused on two properties in Richmond, Indiana, renovated by Aluminum Brothers in 2016 and 2017. Both locations were known to contain lead-based paint hazards, triggering requirements under the federal Toxic Substances Control Act (TSCA) and its Renovation, Repair, and Painting (RRP) Rule. The RRP Rule is designed to protect individuals, particularly children, from lead poisoning during renovation activities which can disturb lead-based paint.

According to court documents, Delucio actively aided and abetted his father in circumventing crucial safety protocols. These violations included a failure to adequately contain paint debris, specifically neglecting to cover the ground with protective plastic sheeting and erect vertical containment barriers. Crucially, investigators also found that Delucio was present when falsified records pertaining to worker training were created – records designed to falsely demonstrate compliance with RRP requirements. The lack of proper containment allowed hazardous paint chips to contaminate the surrounding yards, posing a significant risk to residents.

The EPA’s criminal enforcement action highlights the agency’s commitment to holding accountable those who knowingly put public health at risk by disregarding environmental regulations. Lead exposure, even at low levels, can cause serious health problems, especially in young children, including developmental delays, learning disabilities, and behavioral problems. The deliberate circumvention of safety rules, and the falsification of records, represent a serious breach of public trust.

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Legal Ramifications

Delucio was convicted of violating Title 18 U.S. Criminal Code, Section 2, which addresses aiding and abetting, in conjunction with 15 U.S.C. 2689, pertaining to the TSCA and RRP Rule. While Delucio received a relatively lenient sentence of one year of probation and 50 hours of community service, the case serves as a warning to other contractors operating in the lead-based paint renovation industry. The EPA routinely pursues both civil and criminal penalties for violations of the TSCA, with potential fines reaching tens of thousands of dollars per violation, and in some cases, imprisonment.

Key Facts

Defendant: Dillan Delucio
Location: Richmond, Indiana
Year: 2022
Violations: Aiding and abetting violations of the Toxic Substances Control Act (TSCA) and the Renovation, Repair, and Painting (RRP) Rule. Specifically, failure to contain paint debris and falsifying worker training records.
Penalties: One year of probation and 50 hours of community service.
Company: Aluminum Brothers, lead-based paint renovation firm.

The EPA continues to emphasize the importance of proper lead-safe work practices and encourages contractors to obtain certification and adhere to all applicable regulations. Information regarding lead-based paint hazards and RRP requirements can be found on the EPA’s website.

Source: EPA ECHO Enforcement Case Database

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