EPA v. HENDERSEN-WEBB, INC. APARTMENTS

Case summary

On June 20, 2003, EPA issued a Notice of Determination ( NOD ) pursuant to the Final Policy Statement on Incentives for Self-Policing: Discovery, Disclosure, Correction, and Prevention of Violations . The NOD resolves self-disclosures provided by Henderson-Webb, Inc., for violations of Section 1018 of Title X of the Residential Lead-Based Paint Hazard Reduction Act of 1992 ( RLBPHRA ), 42 U.S.C. section 4852d, Sections 16(a) and 409 of the Toxic Substances Control Act ( TSCA ), 15 U.S.C. section 2615 (a) and 2689, and 40 C.F.R. Part 745, Subpart F (also known as the Disclosure Rule ) at target housing, Stratford Apartments, LLLP located at 6612 Wycombe Way, Baltimore, Maryland; Hillendale Gate, LLLP located at 6612 Wycombe Way, Baltimore, Maryland and Wellington Gate LLLP, located at 2421 A. Wellbridge Drive, Baltimore, Maryland. Hendersen-Webb, Inc. is a corporation with offices located at 1025 Cranbrook Road, Cockeysville, Maryland and has been the agent , as defined in 40 C.F.R. section 745.103, for Stratford Apartments, LLLP; Hillendale Gate, LLLP and Wellington Gate, LLLP. Henderson-Webb, Inc. failed to make disclosures concerning lead-based paint to lessees of units qualifying as target housing, with regard to each of 1,075 lease transactions. Specifically, as an agent, Hendersen-Webb, Inc. failed to ensure that a lessor had performed all activities required under 40 C.F.R. section 745.107,.110 and .113, or to personally ensure compliance with requirements of 40 C.F.R. section 745.107, .110 and . 113. The total gravity-based civil penalty for these violations would be $1,644,060.00. Henderson-Webb, Inc. satisfied all of the ocnditions of EPA's Self-Disclosure Policy and the amount of economic benefit gained in insignificant. EPA waived the entire gravity-based civil penalty for the disclosed violations

Defendants (1)

• HENDERSEN-WEBB, INC. APARTMENTSNamed in complaintNamed in settlement

Facilities (3)

• STRATFORD APARTMENTS, LLLP

  6612 WYCOMBE WAY, BALTIMORE, MD, 21234

  Registry ID: 110015767213

• WELLINGTON GATE, LLLP

  2421 A. WELLBRIDGE DRIVE, BALTIMORE, MD, 21234

  Registry ID: 110015767160

• HILLENDALE GATE, LLLP

  6612 WYCOMBE WAY, BALTIMORE, MD, 21234

  Registry ID: 110015767259

Statutes cited

• TSCA 402 — Lead-Based Paint Activities, Training and/or Certification

Enforcement conclusions (1)

• Hendersen-Webb, Inc. Apartmentsentered 2003-06-12

  Primary law: TSCA

Timeline (4 milestones)

• 2001-02-20Enforcement Action Data Entered
• 2003-06-12Final Order Issued
• 2003-06-12Enforcement Action Closed
• 2003-06-12Complaint Filed/Proposed Order