4/6/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $13,020, PLUS INTEREST, WHICH IS TO BE PAID IN 8 QTRLY PAYMENTS OF $1,645.86, OVER TWO YEARS. THE FIRST PAYMENT IS DUE WITHING 30 DAYS AND SUBSEQUENT PAYMENTS ARE DUE IN 3 MONTH INTERVALS THEREAFTER. THE FINAL PAYMENT IS DUE WITHIN 660 DAYS OF FILING.
SPECIFIC ALLEGATIONS:
BASED ON INFO OBTAINED BY EPA ON OR ABOUT FEB 15, 2007, RELATING TO RESPONDENT'S CONTRACTS TO LEASE ITS TARGET HOUSING, EPA ALLEGES TAHT RESPONDENT VIOLATED TSCA SECTION 409 AND 40 CFR PART 745, SUBPART F AS FOLLOWS:
A. 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 HAZARDS IN THE TARGET HOUSING AND THE EXISTENCE OF ANY AVAILABLE RECORDS OR REPORTS PERTAINING TO LEAD-BASED PAINT. RESPONDENT FAILED TO DISCLOSE TO THE AGENT THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT AND THE EXISTENCE OF ANY RECORDS OR REPORTS IN AT LEAST THREE LEASES.
B. 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 PAINT HAZARDS IN THE TARGET HOUSING. RESPONDENT FAILED TO PROVIDE THE LESSEE ANY RECORDS OR REPORTS IN AT LEAST THREE LEASES.
C. PURSUANT TO 40 CFR 745.113(b)(3), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE A LIST OF ANY RECORDS OR REPORTS AVAILABLE TO THE LESSOR THAT PERTAIN TO LEAD HAZARD INFO OR AN INDICATION THAT NO SUCH LIST