EPA v. FERNANDO HILARION

Case summary

EPA's complaint alleges that Respondents failed to comply with the Lead Disclosure Rule under TSCA in connection with at least five leases issued in 2005 and 2006.  Respondents are Fernando Hilarion and two companies that he owns and manages, Diosa Investments, LLC and Hala Investments, LLC.  Together, Respondents own 39 units of residential housing in 6 buildings located in Manchester, NH.  Since 2004, at least one child with an elevated blood-lead level was found to be living in a property owned by Respondents.  Respondents own two properties where lead poisonings occurred prior to Respondents' ownership.  The State of New Hampshire has issued three abatement orders to Respondents ordering respondents to reduce lead hazards in the three properties where childhood lead poisonings were detected.

Defendants (3)

• FERNANDO HILARIONNamed in complaintNamed in settlement
• HALA INVESTMENTS LLCNamed in complaintNamed in settlement
• DIOSA INVESTMENT LLCNamed in complaintNamed in settlement

Facilities (1)

• FERNANDO HILARION

  414 UNION STREET, MANCHESTER, NH, 03103

  Registry ID: 110030908052

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• FERNANDO HILARIONentered 2009-04-24

  Primary law: TSCA

  Federal penalty: $3,129 · SEP: $28,164

Timeline (3 milestones)

• 2008-06-04Enforcement Action Data Entered
• 2008-09-17Complaint Filed/Proposed Order
• 2009-04-24Final Order Issued