2/28/12 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $548.50, DUE WITHIN 30 DAYS.
ALLEGATIONS:
BASED ON INFO OBTAINED BY EPA ON OR ABOUT MAR 17, 2009, RELATING TO RESPONDENTS CONTRACTS TO LEASE ITS TARGET HOUSING. EPA ALLEGES THAT RESPONDENT VIOLATED TSCA 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 LEAD HAZARD INFO PAMPHLET IN AT LEAST ONE LEASE.
B. PURSUANT TO 40 CFR 745.113(b)(1), EACH CONTRCT TO LEASE TARGET HOUSING SHALL INCLUDE THE LEAD WARNING STATEMENT. RESPONDENT FAILED TO INCLUDE AN APPROPRIATE STATEMENT IN AT LEAST ONE LEASE.
C. PURSUANT TO 40 CFR 745.113(b)(2), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE A STATEMENT DISCLOSING THE PRESENCE OF KNOWN LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING BEING LEASED, 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 ONE LEAST.
D. 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 EXISTS. RESPONDENT FAILED TO INCLUDE THE APPRPRIATE INFO IN AT LEAST