3/5/13 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $2,000, DUE WITHIN 30 DAYS.
ALLEGATIONS:
BASED ON INFO OBTAINED BY EPA ON OR ABOUT JAN 26, 2012, RELATING TO RESPONDENT'S CONTRACTS TO LEASE ITS TARGET HOUSING, EPA ALLEGES THAT RESPONDENT VIOLATED TSCA 409 OF TSCA AND 40 CFR PART 745, SUBPART F AS FOLLOWS:
A. PURSUANT 40 CFR PART 745.107(a)(1), A LESSOR SHALL PROVIDE THE LESSEE(S) AN EPA-APPROVED LEAD HAZARD INFO PAMPHLET BEFORE THE LESSEE IS OBLIGATED UNDER ANY CONTRACT TO LEASE TARGET HOUSING. RESPONDENT FAILED TO PROVIDE LESSEE AN EPA-APPROVED LEAD HAZARD INFO PAMPHLET IN AT LEAST ONE LEASE.
B. PURSUANT TO 40 CFR 745.107(a)(2), A LESSOR SHALL DISCLOSE TO THE LESSEE THE PRESENSE OF ANY KNOWN LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING. RESPONDENT FAILED TO DISCLOSE TO THE LESSEE THE PRESENSE OF ANY KNOWN LEAD-BASEED PAINT IN AT LEAST ONE LEASE.
C. PURSUANT TO 40 CFR 745.107(a)(3), A LESSOR SHALL DISCLOSE TO EACH AGENT THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARD IN THE TARGET HOUSING, AND THE EXISTENCE OF ANY AVAILABLE RECORDS OR REPORTS PERTAINING TO LEAD-BASED PAINT. RESPONDENT FAILED TO DISCLOSE TO THE GAENT THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT AND THE EXISTENCE OF ANY RECORDS IN AT LEAST ONE LEASE.
D. PURSUANT TO 40 CFR 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