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PERRY M PERRICONE

Administrative - Formal · FY2001 · — · Final Order With Penalty · 47197

$300
Penalty
—
Cost recovery
—
Compliance action

Case

Case Number
07-2001-0044
Type
Administrative - Formal
Lead
EPA
Outcome
Final Order With Penalty
Multimedia
N
Self-disclosure
N

Defendants (1)

Summary

01/03/01: FAILURE TO PROVIDE LEAD-BASED PAINT HAZARD INFORMATION. 5/22/01: ON NOVEMBER 21, 2000, THE U.S. ENVIRONMENTAL PROTE CTION AGENCY, REGIONVII ( EPA ), FILED A COMPLAINT AGAINST P ERRY M. PERRICONE OF ST. LOUIS, MISSOURI, FOR ONE VIOLATION OF THE REGULATIONS FOUND AT 40 C.F.R. PART 745, SUBPART F, D ISCLOSURE OF KNOWN LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS UPON SALE OR LEASE OF RESIDENTIAL PROPERTY ( DISCLOS URE RULE ), WHICH WERE PROMULGATED PURSUANT TO SECTION 1018 OF THE RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION ACT OF 1992, 42 U.S.C. a 4851 ET SEQ, AND ARE ENFORCEABLE UNDER SEC TION 409 OF THE TOXIC SUBSTANCES CONTROL ACT, ( TSCA ), 15 U S.C. a 2689. IN THE COMPLAINT, EPA ALLEGED THAT THE RESPON DENT FAILED TO PROVIDE A FAMILY WITH THE EPA-APPROVED LEAD H AZARD INFORMATION PAMPHLET PRIOR TO THEIR BEING OBLIGATED UN DER A LEASE.AFTER MOVING INTO THE UNIT, THE TENANTS' TWO-YEA R OLD CHILD WAS DIAGNOSED WITH LEAD POISONING. IN ACCORDANC E WITH THE SECTION 1018 - DISCLOSURE RULE ENFORCEMENT RESPONSE POLICY ( ERP ), THE COM PLAINT PROPOSED A CIVIL PENALTY OF $11,000 FOR THIS VIOLATIO N. DURING THE COURSE OF SETTLEMENT NEGOTIATIONS, THE RESPON DENT CLAIMED AN INABILITY TO PAY THE PROPOSED $11,000 PENALT Y. EPA THEN CONDUCTED AN ABILITY TO PAY ANALYSIS AND DETERM INED THAT THE RESPONDENT WOULD HAVE A SUBSTANTIAL DIFFICULTY PAYING THE $11,000 PROPOSED PENALTY

Source

Authoritative
EPA ECHO
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