EPA v. ALLEN ENTERPRISES

Case summary

On June 28, 2013, the Region filed a Consent Agreement and Final Order (ACAFO@) settling an administrative penalty action against Allen Enterprises Rental Properties (Allen Enterprises), Open Arms Outreach, Inc. (Open Arms), Lakeport Plaza, LLC (Lakeport) and Alice E. Allen 2002 Trust (Allen Trust) (“Respondents”) regarding alleged violations of the Lead-Based Paint Disclosure Rule under Section 1018 of the Residential Lead Based Paint Hazard Reduction Act of 1992. Pursuant to the CAFO, Allen Enterprises, Lakeport, and Open Arms (“Assessed Respondents”) will pay a cash penalty in the amount of two thousand four hundred dollars ($2,400). EPA has determined to settle the violations alleged in the Complaint against Alice E. Allen 2002 Trust (“Allen Trust” or “Non-Assessed Respondent”) without an assessed penalty. The Assessed Respondents will also complete a Supplemental Environmental Project (“SEP”) valued at $21,600. The SEP consists of replacing old windows, window trim, doors, door jambs and baseboards at Assessed Respondents’ property located at 101-103 Church Street, Laconia, New Hampshire. The SEP is intended to yield significant environmental or public health benefits and is beyond the scope of existing law. The Region seeks to issue an administrative complaint against Allen Enterprises Rental Properties (Allen Enterprises), Open Arms Outreach, Inc. (Open Arms), Lakeport Plaza, LLC (Lakeport) and Alice E. Allen 2002 Trust (Allen Trust) (“Respondents”) for violations of the Lead-Based Paint Disclosure Rule. EPA’s complaint alleges that the Respondents failed to comply with the Disclosure Rule during the years 2009 through 2011 when Respondents leased apartments located in Laconia, New Hampshire. One of the properties is located in a potential environmental justice area. The Complaint seeks a total proposed civil penalty in the amount of one hundred eight thousand ten dollars ($108,010). The total proposed penalty for Allen Enterprises and Open Arms is $46,220. The total proposed penalty for Allen Enterprises and Lakeport is $23,110. The total proposed penalty for Allen Enterprises and Allen Trust is $38,680. The violations include: a failure to provide an EPA-approved lead hazard information pamphlet; failure to include as an attachment to, or within the contract to lease target housing, the Lead Warning Statement; failure to include in the lease or as an attachment thereto, a statement by the lessor disclosing the presence of known lead-based paint and/or lead-based paint hazards, or lack of knowledge thereof; and failure to include as an attachment or within a lease contract, a list of any records or reports available to the lessor that pertain to lead-based paint or lead-based paint hazards in the housing, or the failure to indicate that no such records exist

Defendants (1)

• ALLEN ENTERPRISESNamed in complaintNamed in settlement

Facilities (1)

• ALLEN ENTERPRISES RENTAL PROPERTIES

  699 UNION AVENUE, LACONIA, NH, 03246

  Registry ID: 110043721069

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• ALLEN ENTERPRISESentered 2013-06-28

  Primary law: TSCA

  Federal penalty: $2,400 · SEP: $21,600

Timeline (3 milestones)

• 2011-11-30Enforcement Action Data Entered
• 2012-09-27Complaint Filed/Proposed Order
• 2013-06-28Final Order Issued