5/9/2024 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $3,900 DUE WITHIN 30 DAYS AFTER THE EFFECTIVE DATE OF THIS CAFO.
ALLEGED VIOLATIONS:
ON MARCH 1, 2023, AN INSPECTOR WITH THE EPA CONDUCTED AN INSPECTION AT RESPONDENT?S PLACE OF BUSINESS LOCATED AT 634 CRANDON BOULEVARD, KEY BISCAYNE, FLORIDA 33149, FOR THE PURPOSE OF EVALUATING RESPONDENT?S COMPLIANCE WITH THE REQUIREMENTS OF 40 C.F.R. PART 745, SUBPART F.
BASED ON THE EPA?S REVIEW OF RESPONDENT?S RECORDS SUBMITTED ON MAY 22, 2023, THE EPA ALLEGES THAT:
- PRIOR TO OFFERING AND ENTERING INTO CONTRACTS FOR LEASE OF RESIDENTIAL DWELLINGS OF THE TARGET HOUSING LISTED IN THE CAFO, RESPONDENT FAILED TO INCLUDE AS AN ATTACHMENT OR WITHIN THE CONTRACT TO LEASE TARGET HOUSING, A STATEMENT BY THE LESSEE AFFIRMING RECEIPT OF THE INFORMATION REQUIRED UNDER 40 C.F.R. ? 745.113(B)(2) AND 40 C.F.R. ? 745.113(B)(3), AND THE LEAD HAZARD PAMPHLET REQUIRED UNDER 15 U.S.C. ? 2686, IN VIOLATION OF 40 C.F.R. ? 745.113(B)(4).
- PRIOR TO ENTERING INTO CONTRACTS TO SELL THE RESIDENTIAL DWELLINGS THAT ARE TARGET HOUSING LISTED IN THE CAFO , UNDER WHICH PURCHASERS BECAME OBLIGATED TO PURCHASE THOSE RESIDENTIAL DWELLINGS, RESPONDENT FAILED
TO:
A) PERMIT THE PURCHASERS A 10-DAY PERIOD, OR A WRITTEN, MUTUALLY AGREED UPON DIFFERENT TIME PERIOD, TO CONDUCT A RISK ASSESSMENT OR INSPECTION FOR THE PRESENCE OF LEAD-BASED
PAINT AND/OR LEAD-BASED PAINT HAZARDS, OR RECEIVED WRITTEN NOTICE BY THE PURCHASER THAT THEY HAD WAIVE