6/3/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $17,600, PLUS INTEREST, WHICH IS TO BE PAID IN 8 QTRLY PAYMENTS, OVER TWO YEARS. THE FIRST PAYMENT IS DUE WITHIN 30 DAYS AND SUBSEQUENT PAYMENTS ARE DUE IN 3-MONTH INTERVALS THEREAFTER.
SPECIFIC ALLEGATIONS:
BASED ON INFO OBTAINED BY EPA ON OR ABOUT JAN 28, 2009, RELATING TO RESPONDENT'S CONTRACTS TO LEASE ITS TARGET HOUSING, EPA ALLEGES THAT RESPONDENT VIOLATED TSCA SEC 409 AND 40 CFR PART 745, SUBPART F, AS FOLLOWS:
A. 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 2 LEASES.
B. PURSUANT TO 40 CFR 745.107(a)(2), A LESSOR SHALL DISCLOSE TO THE LESSEE THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING. RESPONDENT FAILED TO DISCLOSE TO THE LESSEE THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT IN AT LEAST TWO LEASES.
C. 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 2 LEASES.
D. PURSUANT TO 40 CFR 745.1