2/21/2024 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $4,900 TO BE PAID WITHIN 30 DAYS AFTER THE EFFECTIVE DATE OF THIS CAFO.
ALLEGED VIOLATIONS:
BASED ON THE EPA?S REVIEW OF RESPONDENT?S RECORDS, AND THE INFORMATION PRESENTED BY RESPONDENT DURING THE SHOW CAUSE MEETING, THE EPA ALLEGES THAT RESPONDENT, PRIOR TO ENTERING
INTO CONTRACTS TO SELL THE TARGET HOUSING UNDER WHICH THE PURCHASER BECAME OBLIGATED TO PURCHASE THE TARGET HOUSING, FAILED TO:
A. PERMIT THE PURCHASER A 10-DAY PERIOD, OR A WRITTEN, MUTUALLY AGREED UPON TIME PERIOD, TO CONDUCT A RISK ASSESSMENT OR INSPECTION FOR THE PRESENCE OF LEAD-BASED PAINT AND/OR LEADBASED PAINT HAZARDS IN VIOLATION OF 40 C.F.R. ? 745.110(A), AND FOR WHICH RESPONDENT HAD NOT RECEIVED WRITTEN NOTICE FROM THE PURCHASER THAT THEY HAD WAIVED THE OPPORTUNITY TO
CONDUCT THE RISK ASSESSMENT OR INSPECTION, AS SET FORTH IN 40 C.F.R. ? 745.110(B), FOR TARGET HOUSING SPECIFIED IN THE CAFO;
B. INCLUDE AS AN ATTACHMENT TO THE CONTRACTS TO SELL TARGET HOUSING, A STATEMENT BY THE PURCHASER AFFIRMING RECEIPT OF THE INFORMATION REQUIRED UNDER 40 C.F.R. ? 745.113(A)(2) AND 40 C.F.R. ? 745.113(A)(3), AND THE LEAD HAZARD PAMPHLET REQUIRED UNDER 15 U.S.C. ? 2686 IN VIOLATION OF 40 C.F.R. ? 745.113(A)(4) FOR TARGET HOUSING SPECIFIED IN THE CAFO; AND
C. INCLUDE AS AN ATTACHMENT TO THE CONTRACTS TO SELL TARGET HOUSING THE SIGNATURES OF THE SELLERS, AGENTS, AND PURCHASERS CERTIFYING TO THE ACCURACY OF THEIR STATEMENTS TO THE BE