EPA v. CGNB APARTMENT BUILDING

Case summary

ON SEPT 27, 2000, EPA REGION III FILED TWO COMPLAINTS AND NOTICE OF OPPORTUNITY FOR HEARING ( COMPLAINTS ). ONE COMPLIANT WAS FILED AGAINST, THE LESSOR, AND THE OTHER AGAINST THE AGENT FOR THE LESSOR, OF PROPERTY LOCATED AT 3304 PENNSYLVANIA AVENUE, SE ( THE RENTAL PROPERTY ), WASHINGTON, DC FOR ALLEGEDLY VIOLATING SECTION 409 OF THE TOXIC SUBSTANCES CONTROL ACT ( TSCA ), 15 U.S.C. SECTION 286 2869, BY FAILING TO COMPLY WITH REGULATIONS CODIFIED AT 40 C.F.R. PART 745, SUBPART F (THE DISCLOSURE RULE ), WHICH REQUIRE DISCLOSURE OF CERTAIN INFORMATION CONCERNING LEAD- BASED PAINT PRIOR TO SALE OR LEWASE OF RESIDENTIAL PROPERTY BUILT PRIOR TO 1978. IN EACH OF THE COMPLAINTS EPA SEEKS A $8,316 PENALTY FROM C.G.N.B. ASSOCIATES ( CGNB ) AND WILLOUGHBY REAL ESTATE COMPANY, INC. ( WILLOUGHBY ) REGARDING SEVERAL WASHINGTON D.C. APARTMENTS. RESPONDENT (CGNB AS LESSOR AND WILLOUGHBY AS AGENT FOR CGNB) ENTERED INTO LEASE AGREEMENTS WITH LESSEE FIVE APARTMENTS AT THE RENTAL PROPERTY, RESULTING IN VIOLATION OF THE DISCLOSURE RULE. SPECIFICALLY, RESPONDENT CGNB VIOLATED 40 C.F.R. SECTION 745.113(B)(2) BY NOT PROVIDING TO THE LESSEES, EITHER AS AN ATTACHMENT OR WITHIN A LEASES, A STATEMENT DISCLOSING THE PRESENCE OF ANY KNOWN LEAD-BASED IN THE TARGET HOUSING OR INDICATING A LACK OF KNOWLEDGE OF SUCH PRESENCE. RESPONDENT WILLOUGHBY VIOLATED 40 C.F.R. SECTION 745.115(A)(2) BY FAILING TO ENSURE COMPLIANCE BY CGNB, AND FAILING TO PERSONALLY ENSURE COMPLIANCE WITH 40 C.F.R. SECTION 745.113(B)(2) IN CONNECTION WITH THE LEASES.

Defendants (2)

• CGNB APARTMENT BUILDINGNamed in complaintNamed in settlement
• WILLOUGHBY REAL ESTATE CONamed in complaintNamed in settlement

Facilities (2)

• CGNB APARTMENT BUILDING

  3304 PENNSYLVANIA AVENUE, SE, WASHINGTON, DC, 20040

  Registry ID: 110010793579

• WILLOUGHBY REAL ESTATE CO., INC.

  809 MASSACHUSETTE AVE, WASHINGTON, DC, 20002

  Registry ID: 110010584867

Statutes cited

• TSCA 406B — Lead: Pre-Renovation Education Rule

Enforcement conclusions (1)

• CGNB APARTMENT BUILDING & WILLOUGHBY REAL ESTATE Centered 2001-11-09

  Primary law: TSCA

  Federal penalty: $1,500 · SEP: $6,000

Timeline (3 milestones)

• 2000-06-14Enforcement Action Data Entered
• 2000-09-25Complaint Filed/Proposed Order
• 2001-11-09Final Order Issued