3/19/09 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $7,700. RESPONDENT ALSO AGREES TO COMPLETE A SEP.
ALLEGATIONS:
PURSUANT 40 CFR 745.107(a)(1), A LESSOR SHALL PROVIDE THE LESSEE 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 PAMPHLET IN AT LEAST 23 LEASES.
PURSUANT TO 40 CFR 745.113(b)(1), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE, AS AN ATTACHMENT TO OR WITHIN THE CONTRACT, THE LEAD WARNING STATEMENT. RESPONDENT FAILED TO INCLUDE AN APPROPRIATE STATEMENT IN AT LEAST 23 LEASES.
PURSUANT TO 40 CFR 745.113(b)(2) EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE, AS AN ATTACHMENT TO OR WITHIN THE CONTRACT, A STATEMENT DISCLOSING THE PRESENCE OF KNOWN LEAD-BASED PAIN AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING BEING PURCHASED OR A STATEMENT INDICATING NO KNOWLEDGE OF THE PRESENCE OF LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS. RESPONDENT FAILED TO INCLUDE AN APPROPRIATE STATEMENT IN AT LEAST 23 LEASES.
PURSUANT TO 40 CFR 745.113(b)(3) EACH CONTRACT TO LEAST TARGET HOUSING SHALL INCLUDE AS AN ATTACHMENT TO OR WITHIN THE CONTRACT A LIST OF ANY RECORDS OR REPORTS AVAILABLE TO THE LESSOR THAT PERTAIN TO LEAD HAZARD INFO OR AN INDICATION THAT NO SUCH LIST EXISTS. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFO IN AT LEAST 23 LEASES.
PURSUANT TO 40 CFR 745.113(b)(4) EACH CONTRACT TO LEASE TARGET