EPA v. 80 BROWN STREET

Case summary

On September 27, 2023, EPA filed a Consent Agreement and Final Order (CAFO) resolving alleged violations of the Toxic Substances Control Act, the Residential Lead-Based Paint Hazard Reduction Act and the Lead-Based Paint Disclosure Rule (Disclosure Rule) against 80 Brown Street, LLC and Sherwood Properties, LLC of Westbrook, Maine. 80 Brown Street, LLC owns a residential building located at 80 Brown Street in Westbrook, Maine. Sherwood Properties, LLC offers for lease four residential apartment units in the same building. After a two-year old child residing in the building was found to have an elevated blood lead level and after lead inspections revealed the presence of lead-based paint and lead-based paint hazards in the building, EPA found that Respondents did not provide proper disclosure to tenants before they became obligated to lease units in the building. The CAFO requires Respondents to pay a penalty of $37,459 and to perform a lead-abatement Supplemental Environmental Project estimated to cost $57,700. The property at issue is located in an area of environmental justice concern. The Disclosure Rule is enforced only by EPA as the program is not delegable to the states.

Defendants (2)

• Sherwood Properties, LLCNamed in complaintNamed in settlement
• 80 Brown Street, LLCNamed in complaintNamed in settlement

Facilities (1)

• 80 BROWN STREET LLC

  295 BROWN STREET #1, WESTBROOK, ME, 04092

  Registry ID: 110070945379

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• 80 BROWN STREETentered 2023-09-22

  Primary law: TSCA

  Federal penalty: $36,459 · SEP: $58,150

Timeline (3 milestones)

• 2023-09-22Complaint Filed/Proposed Order
• 2023-09-22Final Order Issued
• 2023-10-03Enforcement Action Data Entered