EPA v. Housing Authority of the City of Passaic

Case summary

The Respondent, located in an EJ area, violated the Lead Disclosure Rule and the RRP Rule. EPA performed an inspection on February 14, 2019, March 19, 2019, and September 19, 2019. EPA sought a penalty with a possible full remittance if certain conditions were met. The Remittance Order is issued pursuant to Section 16(a)(2)(C), 15 U.S.C. 2615(a)(2)(C), of the Toxic Substances Control (TSCA), which permits the Administrator to compromise, modify, or remit, with or without conditions, any civil penalty and Paragraph 68 of the Consent Agreement and Final Order (CA/FO), resolving the Respondent's violations of TSCA and its lead-based paint regulations at 40 C.F.R. Part 745, Subpart E (Renovation Repair and Painting Rule) and Subpart F (Lead Disclosure Rule). Issued on January 23, 2023, the CA/FO both assessed a penalty of $199,999 and set out EPA's agreement to remit the full $199,999 penalty on the condition that the Respondent perform the work obligations specified in paragraphs 53 to 62 of the CA/FO. On July 1, 2024, EPA determined that the Respondent met all the conditions for remittance. By completion of these conditions, the Respondent has fully satisfied its obligations pursuant to the CA/FO. The Agency therefore remits in full the $199,999 penalty.

Defendants (1)

• Housing Authority of the City of PassaicNamed in complaintNamed in settlement

Facilities (2)

• PASSAIC HOUSING AUTHORITY VREELAND VILLAGE

  52 ASPEN PLACE, PASSAIC, NJ, 07055

  Registry ID: 110070526073

• PASSAIC HOUSING AUTHORITY

  33 ASPEN PLACE, PASSAIC, NJ, 07055

  Registry ID: 110070517116

Statutes cited

• TSCA 406B — Lead: Pre-Renovation Education Rule
• TSCA 409 — Lead: Violation of Section 1018
• TSCA 402C — Lead: RRP

Enforcement conclusions (2)

• Housing Authority of the City of Passaicentered 2024-09-03

  Primary law: TSCA

• Housing Authority of the City of Passaicentered 2023-01-23

  Primary law: TSCA

Timeline (4 milestones)

• 2023-01-23Complaint Filed/Proposed Order
• 2023-01-25Enforcement Action Data Entered
• 2024-09-03Final Order Issued
• 2024-09-03Enforcement Action Closed