8/7/13 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $2,500, DUE WITHING 30 DAYS.
ALLEGATIONS:
RESPONDENT IS A SELLER OF RESIDENTIAL HOUSING LOCATED AT 5391 WHITMIRE DRIVE, GAINESVILLE, GA AND 743 NORTH AVENUE NW, ATLANTA, GA.
BASED ON INFO BOTAINED BY EPA ON OR ABOUT FEB 25, 2010, RELATED TO RESPONDENT'S CONTRACTS TO SELL ITS TARGET HOUSING EPA ALLEGES THAT RESPONDENT VIOLATED TSCA 409 AND 40 CFR PART 745, SUBPART F, AS FOLLOWS:
A. PURSUANT TO 40 CFR 745.113(a)(2), EACH CONTRACT FOR SALE OF TARGET SHALL INCLUDE A STATEMENT BY THE SELLER DISCLOSING THE PRESENCE OF KNOWN LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS. RESPONDENT FAILED TO INCLUDE THE APPRPRIATE INFORMATION IN AT LEAST ONE CONTRACT.
B. PURSUANT TO 40 CFR 745.113(a)(3), EACH CONTRACT FOR SALE OF TARGET HOUSING SALL INCLUDE A LIST OF ANY RECORDS OR REPORTS AVAILABLE TO THE SELLER THAT PERTAIN TO LEAD HAZARD INFO OR THE FAILURE TO INDICATE THAT NO SUCH LIST EXISTS. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFO IN AT LEAST ONE CONTRACT.
C. PURSUANT TO 40 CFR 745.113(a)(4), EACH CONTRACT FOR SALE OF TARGET HOUSING SHALL INCLUDE IN THE CONTRACT FOR SALE A STATEMENT BY THE PURCHASER AFFIRMING RECEIPT OF THE INFO PERTAINING TO LEAD. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFO IN AT LEAST ONE CONTRACT.
D. PURSUANT TO 40 CFR 745.113(a)(5), EACH CONTRACT FOR SALE OF TARGET HOUSING SHALL INCLUDE A STATEMENT BY THE PURCHASER AFFIRMING RECEIPT OF AN OPPORTUNITY TO CONDUCT RISK