2/17/2022 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $3,600.00. PENALTY TO PAID WITHIN 30 DAYS.
ALLEGED VIOLATIONS:
BASED ON THE FINDINGS OF FACT, THE EPA HAS DETERMINED THAT PRIOR TO ENTERING INTO CONTRACTS TO SELL THE RESIDENTIAL DWELLINGS THAT ARE TARGET HOUSING UNDER WHICH THE PURCHASERS BECAME OBLIGATED TO PURCHASE THE TARGET PROPERTIES, THE RESPONDENT FAILED TO:
A. PERMIT THE PURCHASERS A 10-DAY PERIOD, OR A WRITTEN, MUTUALLY AGREED UPON DIFFERENT TIME PERIOD, TO CONDUCT A RISK ASSESSMENT OR INSPECTION FOR THE PRESENCE OF LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS, OR RECEIVED WRITTEN NOTICE BY THE PURCHASER THAT THEY HAVE WAIVED THE OPPORTUNITY TO CONDUCT THE RISK ASSESSMENT OR INSPECTION AS REQUIRED BY 40 C.F.R. ? 745.110(A);
B. INCLUDE IN THE CONTRACT TO SELL TARGET HOUSING OR AS AN ATTACHMENT TO THE CONTRACTS A STATEMENT BY THE SELLER DISCLOSING THE PRESENCE OF KNOWN LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING BEING SOLD OR INDICATING NO KNOWLEDGE OF THE PRESENCE OF LEAD-BASED
PAINT AND/OR LEAD-BASED PAINT HAZARDS IN VIOLATION OF 40 C.F.R. ? 745.113(A)(2);
C. INCLUDE IN THE CONTRACT TO SELL TARGET HOUSING OR AS AN ATTACHMENT TO THE CONTRACTS A LIST OF ANY RECORDS OR REPORTS AVAILABLE TO THE SELLER PERTAINING TO LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING THAT HAVE BEEN PROVIDED TO THE PURCHASERS OR THAT NO SUCH RECORDS OR REPORTS ARE AVAILABLE IN VIOLATION OF 40 C.F.R. ? 745