EPA v. 5 MF HOLDINGS LLC

Case summary

On March 3, 2017, Region 1 issued an Administrative Complaint alleging that 5 MF Holding, LLC (Respondent) failed to comply with lead-based paint disclosure requirements of TSCA Section 1018's (Disclosure Rule.) The Disclosure Rule ensures that purchasers and renters of housing built before 1978 receive the information necessary to protect themselves and their families from lead-based paint hazards. Respondent owns two buildings containing a total of nine units of target housing. The Complaint alleges eight violations of the Disclosure Rule requirements at two residential units owned by Respondent. A child under the age of two was living in each unit at the time of the violations. Each of these children was reported to have elevated blood levels. The Complaint proposes a penalty of $81,127. Many residences built before 1978 have lead-based paint which can be toxic to humans and animals. This enforcement action will promote the protection of public health. 8/1/17 Region 1 filed a consent agreement and final order settling claims for civil penalties against 5 MF Holding, LLC for violating TSCA by failing to disclose known lead-based paint and/or lead-based paint hazards in the course of leasing property in Coventry, Rhode Island. The settlement calls for the payment of a $7,300 penalty and the performance of a lead-based paint abatement Supplemental Environmental Project (SEP) worth $65,700. The proposed SEP will involve the removal and replacement of lead-based paint/hazards including the abatement of windows, doors, trim, and stairwells at target housing owned by Respondent. Respondent?s future tenants will have reduced chances of exposure to lead-based paint/hazards. The State of Rhode Island Department of Health supports this action by EPA.

Defendants (1)

• 5 MF Holdings LLCNamed in complaintNamed in settlement

Facilities (1)

• 5 MF HOLDING LLC

  110 BYFIELD STREET, WARWICK, RI, 02888

  Registry ID: 110070044704

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• 5 MF HOLDINGS LLCentered 2017-08-01

  Primary law: TSCA

  Federal penalty: $7,300 · SEP: $65,700

Timeline (3 milestones)

• 2017-03-03Complaint Filed/Proposed Order
• 2017-03-06Enforcement Action Data Entered
• 2017-08-01Final Order Issued