EPA v. WAGEMONT PROPERTIES

Case summary

On December 6, 2021, EPA filed a Consent Agreement and Final Order (CAFO) against Wagemont Properties, LLC (Wagemont) resolving claims for alleged violations of the Toxic Substances Control Act (TSCA), the Disclosure Rule and the Renovation, Repair and Painting Rule or RRP Rule. The CAFO requires Wagemont to pay a monetary penalty of $7,450 for these violations. EPA alleged six violations arising out of the renovation and sale of a property in Tilton, New Hampshire. The alleged Disclosure Rule violations included failure to (1) provide an EPA-approved lead hazard information pamphlet to the buyer; (2) include a Lead Warning Statement attached to the contract to sell the property; (3) include as an attachment to the sales contract, a statement disclosing the presence of known lead-based paint and/or lead-based paint hazards in the target housing being sold, or indicating the lack of knowledge; and, (4) include as an attachment to the sales contract a list of records or reports, or a statement indicating none is available. The alleged RRP Rule violations were failure to obtain RRP Rule firm certification and assign a RRP Rule-certified renovator. The property where the renovation occurred is not located in an environmental justice area according to EPA's EJScreen mapping tool. EPA will notify the New Hampshire Department of Health and Human Services Healthy Homes and Lead Poisoning Prevention Program office of this settlement.

Defendants (1)

• Wagemont Properties, LLCNamed in complaintNamed in settlement

Facilities (1)

• WORKSITE / WAGEMONT PROPERTIES

  30 CEDAR STREET, TILTON, NH, 03276

  Registry ID: 110071201706

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018
• TSCA 402C — Lead: RRP

Enforcement conclusions (1)

• WAGEMONT PROPERTIESentered 2021-12-06

  Primary law: TSCA

  Federal penalty: $7,450

Timeline (3 milestones)

• 2021-12-06Final Order Issued
• 2021-12-06Complaint Filed/Proposed Order
• 2022-01-03Enforcement Action Data Entered