6/5/2012 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $1,000. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ORDER STATES:
BASED ON INFORMATION OBTAINED BY THE EPA ON OR ABOUT DECEMBER 12, 2011, RELATING TO RESPONDENT'S CONTRACTS TO LEASE TARGET HOUSING. EPA ALLEGES THAT RESPONDENT VIOLATED SECTION 409 OF TSCA AND 40 C.F.R. PART 745, SUBPART F AS FOLLOWS:
a. PURSUANT TO 40 C.F.R. SECTION 745.107(a)(1), A LESSOR SHALL PROVIDE THE LESSEE(s) AN EPA-APPROVED LEAD HAZARD INFORMATION PAMPHLET BEFORE THE LESSEE(s) IS OBLIGATED UNDER ANY CONTRACT TO LEASE TARGET HOUSING. RESPONDENT FAILED TO PROVIDE LESSEE(s) AN EPA-APPROVED LEAD HAZRD INFORMATION PAMPHLET IN AT AT LEAST ONE LEASE.
b. PURSUANT TO 40 C.F.R. SECTION 745.107(a)(2), A LESSOR SHALL DISCLOSE TO THE LESSEE(s) THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING. RESPONDENT FAILED TO DISCLOSE TO THE LESSEE(s) THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT IN AT LEAST ONE LEASE.
c. PURSUANT TO 40 C.F.R. SECTION 745.107(a)(3), A LESSOR SHALL DISLOSE 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 LEASE ONE LEASE.
d. PURSUANT TO 40 C.F.R. SECTION 745.107(a)(4), A