ON SEPTEMBER 30, 2004, EPA REGION III FILED A COMPLAINT AND NOTICE OF OPPORTUNITY FOR HEARING ( COMPLAINT ) AGAINST, THE LESSOR OF 5 RESIDENTIAL PROPERTIES LOCATED IN YORK, PENNSYLVANIA, ( THE RENTAL PROPERTIES ), FOR ALLEGEDLY VIOLATING SECTION 409 FO THE TOXIC SUBSTANCES CONTROL ACT ( TSCA ), 15 U.S.C. SECTION 2689, BY FAILING TO COMPLY WITH REGULATIONS CODIFIED AT 40 C.F.R. PART 745, SUBPART F (THE DISCLOSURE RULE ), WHICH REQUIRE DISCLOSURE OF CERTAIN INFORMATION CONCERNING LEAD-BASED PAINT PRIOR TO SALE OR LEASE OF RESIDENTIAL PROPERTY BUILT PRIOR TO 1978.
THE RSPONDENT, GEORGE ROYER AS LESSOR AND ACTING AS HIS OWN AGENT, ENTERED INTO 11 ORAL LEASE AGREEMENTS WITH THE LESSEES OF RESIDENTIAL DWELLING UNITS AT HIS 5 RENTAL PROPERTIES, RESULTINT IN 13 VIOLATIONS OF THE DISCLOSURE RULE. SPECIFICALLY, MR. ROYER DID NOT: PROVIDE ANY OF THE LESSEES WITH THE EPA-APPROVED LEAD HAZARD INFORMATION PAMPLET, PROTECT YOUR FAMILY FROM LEAD IN YOUR HOME, BEFORE THE LESSEES BECAME OBLIGATED UNDER THEIR RESPECTIVE LEASES; DISCLOSE TO A LESSEE THE PRESENCE OF KNOWN LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN ONE OF THE DWELLING UNITS; AND DID NOT PROVIDE THAT LESSEE WITH ANY RECORDS OR REPORTS AVAILABE TO THE MR. ROYER PERTAINING TO LEAD-BASED PAINT AND/OR LEAD-BASED HAZARDS IN THAT SAME DWELLING UNIT. EPA REGION III IS NOT PROPOSING A SPECIFIC PROPOSED PENALTY AT THIS TIEM, BUT WILL DO SO AT A LATER DATE AFTER AN EXCHANGE OF INFORMATION HAS OCCURRED.