3/29/2011 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $5,604. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ORDER ALLEGES:
BASED ON INFORMATION OBTAINED BY EPA ON OR ABOUT FEBRUARY 23, 2010, RELATING RESPONDENT'S CONTRACT TO LEASE ITS TARGET HOUSING, EPA ALLEGES THAT RESPONDENT VIOLATED SECTION 409 OF TSCA.
A. PURSUANT TO 40 C.F.R. SECTION 745.107(a)(2), A LESSOR SHALL DISCLOSE TO THE LESSEE THE PRESENCE OF ANY KNOW LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING. RESPONDENT FAILED TO DISCLOSE TO THE LESSEE THE PRESENCE ANY KNOWN LEAD-BASED PAINT IN AT LEAST THREE LEASES.
B. PURSUANT TO 40 C.F.R. SECTION 745.107(a)(3), A LESSOR SHALL DISCLOSE TO EACH AGENT THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING AND THE EXISTENCE OF ANY AVAILABLE RECORDS OR REPORTS PERTAINING TO LEAD-BASED PAINT. RESPONDENT FAILED TO DISCLOSE TO THE AGENT THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT AND THE EXISTENCE OF ANY RECORDS OR REPORTS IN AT LEAST THREE LEASES.
C. PURSUANT TO 40 C.F.R. SECTION 745.107(a)(4), A LESSOR SHALL PROVIDE TO THE LESSEE ANY RECORDS OR REPORTS AVAILABLE TO THE LESSOR PERTAINING TO LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING. RESPONDENT FAILED TO PROVIDE TO THE LESSEE ANY RECORDS OR REPORTS IN AT LEAST THREE LEASES.
D. PURSUANT TO 40 C.F.R. SECTION 745.113(b)(2), EACH CONTRACT TO LEAST TARGET HOUSING SHALL INCLUDE, AS AN ATTACHMENT TO