3/18/2011 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $2,968. RESPONDENT SHALL MAKE EIGHT PAYMENTS.
ORDER ALLEGES:
BASED ON INFORMATION OBTAINED BY EPA ON OR ABOUT JANUARY 20, 2010, RELATING TO RESPONDENT'S CONTRACTS TO SELL THE TARGET HOUSING DESCRIBED ABOVE, EPA ALLEGES THAT RESPONDENT VIOLATED SECTION 409 OF TSCA.
A. PURSUANT TO 40 C.F.R. SECTION 745.107(a)(1), AN AGENT SHALL PROVIDE THE PURCHASER AN EPA-APPROVED LEAD HAZARD INFORMATION PAMPHLET BEFORE THE PURCHASER IS OBLIGATED UNDER ANY CONTRACT TO PURCHASE TARGET HOUSING. RESPONDENT FAILED TO PROVIDE PURCHASER AN EPA-APPROVED PAMPHLET.
B. PURSUANT TO 40 C.F.R. SECTION 745.113(a)(2), (3) and (4), AN AGENT SHALL INCLUDE IN THE CONTRACT A STATEMENT BY THE PURCHASER AFFIRMING RECEIPT OF THE INFORMATION AS REQUIRED AND THE LEAD HAZARD PAMPHLET.
C. PURSUANT TO 40 C.F.R. SECTION 745.113(a)(6)(I) AND (ii) A SELLER AND AGENT SHALL INCLUDE IN THE CONTRACT AS AN ATTACHMENT, A STATEMENT BY THE ONE OR MORE AGENTS INVOLVED IN THE TRANSACTION TO SELL TARGET HOUSING THAT THE AGENT(s)HAS INFORMED THE SELLER OF THE SELLER'S OBLIGATIONS AND THAT THE AGENT(s) IS AWARE OF HIS DUTY TO ENSURE COMPLIANCE.