EPA v. Buffalo Municipal Housing Authority

Case summary

Respondent violated the Lead Disclosure Rule. EPA performed an inspection on June 4, 2019 and sought a penalty with a possible full remittance if certain conditions were met. This 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 51 of the Consent Agreement and Final Order (CA/FO), resolving the named Respondent's violations of TSCA and its lead-based paint regulations at 40 C.F.R. Part 745, Subpart F (Lead Disclosure Rule). Issued on September 22, 2023, the CA/FO both assessed a penalty of $252,000 and set out EPA's agreement to remit the full $252,000 penalty on the condition the Respondent perform the work obligations specified in the CA/FO. EPA determined the Respondent met all the conditions for remittance. By completion of these conditions, Respondent has fully satisfied its obligations pursuant to the CA/FO, dated September 22, 2023. The Agency therefore remits in full the $252,000 penalty.

Defendants (1)

• Buffalo Municipal Housing AuthorityNamed in complaintNamed in settlement

Facilities (2)

• BUFFALO MUNICIPAL HOUSING AUTHORITY

  515 CLINTON STREET, BUFFALO, NY, 14204

  Registry ID: 110070560448

• BUFFALO MUNICIPAL HOUSING AUTHORITY

  110 BLUM STREET, BUFFALO, NY, 14216

  Registry ID: 110070560449

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (2)

• Buffalo Municipal Housing Authorityentered 2023-09-22

  Primary law: TSCA

• Buffalo Municipal Housing Authorityentered 2025-03-18

  Primary law: TSCA

Timeline (4 milestones)

• 2023-09-22Complaint Filed/Proposed Order
• 2023-10-04Enforcement Action Data Entered
• 2025-03-18Enforcement Action Closed
• 2025-03-18Final Order Issued