On June 20, 2019, the Regional Judicial Officer ratified a Consent Agreement and Final Order (ACAFO@) between EPA Region III and Mr. Franklin M. Santmyer, Jr. ( Respondent ), of Elkins, West Virginia. The CAFO settles and resolves Respondent=s liability for alleged violations of TSCA Section 409 and Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992, and regulations promulgated thereunder at 40 C.F.R. Part 745, Subpart F, commonly known as the Disclosure Rule . The alleged violations pertain to the Respondent's failure to comply with the Disclosure Rule's lessor responsibilities under 40 C.F.R. 745.107 and .113.
Specifically, EPA alleges that in a lease agreement for residential target housing (i.e., a two-story single-family residence constructed before 1978) the Respondent failed to comply with the requirements to: (a) provide the lessee with an EPA-approved lead hazard information pamphlet before the lessee became obligated to lease the target housing under the terms of the lease agreement; (b) include as an attachment to, or as a part of, the lease agreement a required Lead Warning Statement; and (c) ensure that an appropriate statement disclosing the presence of known lead based paint, or indicating no knowledge of the presence of lead based paint and/or lead based paint hazards, in the target housing was included as an attachment to, or within, the lease agreement. The Respondent cooperated with EPA during its investigation, took necessar