EPA v. CHELSEA COMPANY

Case summary

THIS IS AN ADMINISTRATIVE PENALTY ACTION FOR ALLEGED VIOLATIONS OF THE LEAD-BASED-PAINT DISCLOSURE RULE. RESPONDENTS CHELSEA COMPANY AND ARDELLE COWIE OWN AND OR MANAGE OVER 200 APARTMENTS IN NINE BUILDINGS IN NEW HAVEN CT. A JULY 2003 INSPECTION REVEALED THAT THE RESPONDENTS HAD FAILED TO COMPLY WITH ALL ASPECTS OF THE DISCLOSURE RULE, INCLUDING (a) FAILURE TO PROVIDE EPA-APPROVED LEAD HAZARD INFORMATION PAMPHLET; (b) FAILURE TO DISCLOSE TO LESSEES THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT AND/OR PAINT HAZARDS IN TARGET HOUSING, AND PROVIDE RECORDS OF SUCH; (c) FAILURE TO INCLUDE AS AN ATTACHMENT OR WITHIN THE CONTRACT TO LEASE, A LEAD WARNING STATEMENT; AND (d) FAILURE TO INCLUDE IN THE LEASE OR AS AN ATTACHMENT THERETO A STATEMENT BY THE LESSOR DISCLOSING THE PRESENCE OF KNOWN LEAD-BASED PAINT OR LEAD-BASED PAINT HAZARDS, OR LACK OF KNOWLEDGE THEREOF; FOUR CHILDREN WHO ONCE LIVED IN RESPONDENTS' BUILDINGS HAD ELEVATED BLOOD LEAD LEVELS, AND THE NEW HAVEN DEPARTMENT OF HEALTH HAS ISSUED SEVERAL ABATEMENT ORDERS TO RESPONDENT MS COWIE. THE PENALTIES PRIMARILY ARE BASED ON AN EXAMINATION OF 15 RECENT LEASE TRANSACTIONS

Defendants (2)

• CHELSEA COMPANYNamed in complaintNamed in settlement
• COWIE ARDELLENamed in complaintNamed in settlement

Facilities (1)

• CHELSEA COMPANY

  80 HOWE COMPANY, NEW HAVEN, CT, 06511

  Registry ID: 110015773787

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• CHELSEA COMPANYentered 2005-01-19

  Primary law: TSCA

  Federal penalty: $8,139 · SEP: $80,087

Timeline (3 milestones)

• 2004-04-26Enforcement Action Data Entered
• 2004-09-30Complaint Filed/Proposed Order
• 2005-01-19Final Order Issued