5/1/2009-CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $499.80. RESPONDENT ALSO AGREES TO COMPLETE A SEP.
ALLEGATIONS: RESPONDENT IS A LESSOR OF RESIDENTIAL HOUSING LOCATED AT 703 OAK STREET, STARKE, FL 32091; 40 COTTAGE AVENUE #1, JACKSONVILLE, FL 32206; AND 44 COTTAGE AVENUE #2, JACKSONVILLE, FL 32206. BASED ON INFO OBTAINED BY EPA ON OR ABOUT JUNE 9, 2005, RELATING TO RESPONDENT'S CONTRACTS TO LEASE ITS TARGET HOUSING DESCRIBED ABOVE, EPA ALLEGES THAT RESPONDENT VIOLATED TSCA SECTION 409 AND 40 CFR PART 745, SUBPART F, AS FOLLOWS:
PURSUANT TO 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 3 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 APPROPRIATE STATEMENT IN AT LEAST 3 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 PAINT 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 LE