9/16/2008 - CONSENT AGMT AND FINA ORDER ISSUED, ASSESSING A PENALTY OF $500, DUE IN INSTALLMENT PAYMENTS. PAYMENT OF $250 DUE WITHIN 30 DAYS. SECOND PAYMENT OF $256.88 (WITH INTEREST) DUE WITHIN 120 DAYS. ALLEGATIONS: RESPONDENT IS A LESSOR OF RESIDENTIAL HOUSING LOCATED AT 204 SOUTH 13TH AVE., LAUREL MS AND 817 WEST 26TH STREET, LAUREL, MS. BASED ON INFO OBTAINED BY EPA ON OR ABOUT JUNE 4, 2007, RELATING TO RESPONDENT'S CONTRACTS TO LEASE ITS TARGET HOUSING DESCRIBED ABOVE, EPA ALLEGES THAT RESPONDENT VIOLATED TSCA SEC 409 AND 40 CFR PART 745, SUBPART F AS FOLLOWS:
A. A LESSOR SHALL PROVIDE THE LESSEE AN EPA-APPROVED LEAD HAZARD INFO PAMPHLET BEFORE THE PURCHASER IS OBLIGATED UNDER ANY CONTRACT TO PURCHASE TARGET HOUSING. RESPONDENT FAILED IN AT LEAST TWO LEASES.
B. EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE, AS AN ATTACHMENT TO OR WITHIN THE CONTRACT, THE LEAD WARNING STATEMENT. RESPONDENT FAILED IN AT LEAST TWO LEASES.
C. EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE, AS AN ATTACHMENT TO OR WITHIN THE CONTRACT, A STATEMENT DISCLOSING THE PRESENCE OF KNOWN LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING BEING PURCHASED OR A STATEMENT INDICATING NO KNOWLEDGE OF THE PRESENCE OF LEAD-BASED PAIN AND/OR LEAD-BASED PAINT HAZARD. RESPONDENT FAILED IN AT LEAST TWO LEASES.
D. EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE A LIST OF ANY RECORDS OR REPORTS AVAILABLE TO THE LESSOR THAT PERTAIN TO LEAD HAZARD INFO OR AN INDICATION THAT NO