Violation of the Lead-Based Paint Disclosure Rule (TSCA 1018).
9/12/05 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $3,080, DUE WITHIN 30 DAYS.
SPECIFIC ALLEGATIONS:
RESPONDENT WAS A LESSOR OF RESIDENTIAL HOUSING IDENTIFIED AS GRACELAND APARTMENTS LOCATED AT 739 28TH AVENUE IN TUSCALOOSA, AL. BASED ON INFORMATION OBTAINED BY EPA ON OR ABOUT JANUARY 13, 2003, RELATING TO RESPONDENT'S CONTRACTS TO LEASE ITS TARGET HOUSING, EPA ALLEGES THAT RESPONDENT VIOLATED SECTI 409 OF TSCA AND THE REQUIREMENTS NOTED IN THE EPA NOTICE OF VIOLATION DATED JULY 1, 2005. THE PENALTY ASSOCIATED WITH THIS ACTION IS BASED ON THE FOLLOWING REGULATIONS:
A. PURSUANT TO 40 CFR 745.107(a)(1), A LESSOR SHALL PROVIDE THE LESSEE AN EPA-APPROVED LEAD HAZARD INFORMATION PAMPHLET BEFORE THE LESSEE IS OBLIGATED UNDER ANY CONTRACT TO LEASE TARGET HOUSING. RESPONDENT FAILED TO PROVIDE LESSEES AN EPA-APPROVED PAMPHLET.
B. PURSUANT TO 40 CFR 745.113(b)(1), EACH CONTRACT TO LEAST TARGET HOUSING SHALL INCLUDE, AS AN ATTACHMENT TO, OR WITHIN, THE CONTRACT A LEAD WARNING STATEMENT. RESPONDENT FAILED TO INCLUDE THE REQUIRED LEAD WARNING STATEMENT.
C. PURSUANT TO 40 CFR 745.113(b)(2), 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 LEASED OR A STATEMENT INDICATING NO KNOWLEDGE OF THE PRESENCE OF LEAD