9/23/2025 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $140,200.00 TO BE PAID IN 30 DAYS AFTER THE EFFECTIVE DATE OF THIS CAFO.
ALLEGED VIOLATIONS:
ON JULY 26, 2022, AN INSPECTOR WITH THE EPA CONDUCTED AN INSPECTION AT RESPONDENT?S PLACE OF BUSINESS LOCATED AT 521 EAST MOREHEAD STREET, SUITE 400, CHARLOTTE, NORTH CAROLINA, AS
AUTHORIZED UNDER SECTION 11 OF TSCA, 15 U.S.C. ? 2610. DURING THE INSPECTION, THE INSPECTOR REQUESTED THAT A REPRESENTATIVE OF RESPONDENT PROVIDE RECORDS FOR THE INSPECTOR?S REVIEW. THE REPRESENTATIVE ADVISED THAT HE WOULD CONFER WITH RESPONDENT?S MANAGEMENT AND THAT THE RECORDS WOULD BE PROVIDED AFTER THE INSPECTION. ON AUGUST 29, 2022, SEPTEMBER 16, 2022, OCTOBER 28, 2022, MARCH 6, 2023, AND MARCH 7, 2023,
RESPONDENT SUBMITTED VARIOUS ELECTRONIC RECORDS TO THE EPA VIA EMAIL WHICH WERE REVIEWED TO EVALUATE RESPONDENT?S COMPLIANCE WITH 40 C.F.R. PART 745, SUBPARTS E AND F.
BASED ON THE EPA?S REVIEW OF THE RECORDS SUBMITTED BY RESPONDENT, THE EPA ALLEGES THAT RESPONDENT, IN ITS CAPACITY AS AN AGENT CONCERNING THE LEASING OF TARGET HOUSING DESCRIBED IN PARAGRAPH 30 OF THIS CAFO, FAILED TO:
A. INCLUDE IN THE CONTRACTS FOR LEASE, A STATEMENT BY THE LESSEE AFFIRMING RECEIPT OF THE INFORMATION REQUIRED UNDER 40 C.F.R. ?? 745.113(B)(2) AND 745.113(B)(3), AND THE LEAD
HAZARD INFORMATION PAMPHLET REQUIRED BY 15 U.S.C. ? 2686, IN VIOLATION OF 40 C.F.R. ? 745.113(B)(4); AND
B. INCLUDE AS AN ATTACHMENT OR WITHIN THE CONTRACT TO LEA