# FRANKLIN M. SANTMYER, JR. (SANTMYER, JR. FRANKLIN M.)
> **Administrative - Formal** · FY2019 · — · Final Order With Penalty
## Case
- **Activity ID:** `3601894878`
- **Case Number:** 03-2019-0096
- **Type:** Administrative - Formal
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** —
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** —
## Defendants
- SANTMYER, JR. FRANLIN M. (complaint) (settlement)
## Summary

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

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*Source: [EPA ECHO](https://echo.epa.gov/) · AI Analytics · CC0 1.0*