ON SEPTEMBER 12, 2003, EPA REGION III FORWARDED A LETTER REFERRAL TO DOJ WITH RESPECT TO ENFORCEMENT A SUBPOENA ISSUED TO DENNIS EMIG D/B/A DEENJA REALTY UNDER SECTION 11 OF THE TOXIC SUBSTANCE CONTROL ACT (TSCA), 15 U.S.C. SECTION 2610. IN ADDITION TO PETITIONING THE MIDDLE DISTRICT OF PENNSYLVANIA TO ENFORCE THE SUBPOENA, REGION III SEEKS ANY OTHER APPROPRIATE RELIEF AGREED UPON BY REGION III AND THE UNITED STATES DEPARTMENT OF JUSTICE REGARDING DENNIS EMIG'S COMPLIANCE WITH TSCA AND THE REAL ESTATE NOTIFICATION AND DISCLOSURE RULE.
FROM 1996 - 1998, FOUR OF MR. EMIG'S PROPERTIES WERE DOCUMENTED AS CONTAINING LEAD PAINT BY THE NORTHEASTER LEAD POISONING PROGRAM, WHICH OPERATES A CHILDHOOD LEAD POISONING PREVENTION PROGRAM (CLPPP) UNDER THE AUSPICES OF THE PENNSYLVANIA DEPARTMENT OF HEALTH. COPIES OF CLPPP'S FINDINGS WERE SENT TO MR. EMIG. EPA BELIEVES THAT MR. EMIG IS THE OWNER/OPERATOR OF AT LEAS TEN PROPERTIES AND HAS DOCUMENTATION SHOWING EVIDENCE OF ELEVATED BLOOD LEAD LEVELS FOR AT LEAST TWO (2) CHILDREN W HO RESIDED IN THESE PROPERTIES.
AFTER DEENJA REALTY'S FAILURE TO RESPOND TO TWO INFORMATION REQUEST LETTERS AND EP'A INABILITY TO ARRANGE AN ON-SITE INSPECTION OF LEASES AND OTHER DOCUMENTS, ON JUNE 19, 2002, A SUBPOENA WAS SERVED TO DENNIS EMIG REGARDING THIS MATTER. TO DATE, T HIS SUBPOENA REAMINS UNANSWERED.