DiPirro v. Rental Service Corporation, et al.

Citizen enforcer Michael DiPirro and defendant Rental Service Corporation, as successor in interest to Prime Equipment, Inc., Prime Services, Inc., and Atlas Copco North America, Inc. (collectively "RSC") executed an agreement on October 26, 2001, which resolved DiPirro's allegations that RSC sold power tools whose customary use produces dust containing lead, nickel, crystalline silica, arsenic, chromium, and other chemicals in the State of California without providing the requisite health hazard warnings.

As part of the settlement, RSC agreed not to sell any of the power tools identified in Exhibit A in the Consent Judgment in California after October 31, 2001, unless the power tools have Proposition 65 warnings provided. The settlement sum does not include additional fees incurred should the office of the Attorney General require further information or need to clarify some aspect of the Consent Judgment.

The Consent Judgment requires settlement payments of $7,000, to be divided therein between civil penalties, 75% of which are paid to California's Office of Environmental Health Hazard Assessment, and compensation to whistleblower DiPirro and his counsel for their successful enforcement of this matter in the public interest.