8/19/2024 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $31,800 DUE WITHIN 30 DAYS AFTER THE EFFECTIVE DATE OF THIS CAFO.
ALLEGED VIOLATIONS:
ON NOVEMBER 1, 2023, AN INSPECTOR WITH THE EPA EMAILED A NOTICE OF INSPECTION (NOI) TO RESPONDENT ADVISING THAT THE EPA PLANNED TO INSPECT RESPONDENT?S OFFICE ON NOVEMBER 7,
2023, FOR PURPOSES OF DETERMINING ITS COMPLIANCE WITH 40 C.F.R. PART 745, SUBPARTS E AND F, AND THAT THE INSPECTION WOULD INCLUDE A REVIEW OF RESPONDENT?S RECORDS. THE INSPECTOR ALSO CONTACTED RESPONDENT BY PHONE ON NOVEMBER 1, 2023, AND ADVISED THAT THE REQUESTED RECORDS
COULD BE PROVIDED PRIOR TO, DURING, AND/OR AFTER THE INSPECTION. ON NOVEMBER 3, 6, AND 7, 2023,
RESPONDENT SUBMITTED COPIES OF RECORDS IN RESPONSE TO THE NOI.
BASED ON THE EPA?S INSPECTION AND REVIEW OF RESPONDENT?S RECORDS AS NOTED IN SECTION IV OF THIS CAFO, THE EPA HAS DETERMINED THAT RESPONDENT, ACTING IN ITS CAPACITY AS A LESSOR AND AN AGENT CONCERNING THE LEASING OF TARGET HOUSING DESCRIBED IN PARAGRAPH 34, FAILED TO INCLUDE AS AN ATTACHMENT OR WITHIN THE CONTRACTS TO LEASE TARGET HOUSING:
A. THE APPROPRIATE LEAD WARNING STATEMENT, IN VIOLATION OF 40 C.F.R. ? 745.113(B)(1);
B. A STATEMENT BY THE LESSOR DISCLOSING THE PRESENCE OF KNOWN LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING BEING LEASED OR INDICATING NO KNOWLEDGE OF THE PRESENCE OF LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS, IN VIOLATION OF 40 C.F.R. ? 745.113(B)(2);
C. A