EPA v. ROYER, GEORGE D

Case summary

ON SEPTEMBER 30, 2004, EPA REGION III FILED A COMPLAINT AND NOTICE OF OPPORTUNITY FOR HEARING ( COMPLAINT ) AGAINST, THE LESSOR OF 5 RESIDENTIAL PROPERTIES LOCATED IN YORK, PENNSYLVANIA, ( THE RENTAL PROPERTIES ), FOR ALLEGEDLY VIOLATING SECTION 409 FO THE TOXIC SUBSTANCES CONTROL ACT ( TSCA ), 15 U.S.C. SECTION 2689, 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 LEASE OF RESIDENTIAL PROPERTY BUILT PRIOR TO 1978. THE RSPONDENT, GEORGE ROYER AS LESSOR AND ACTING AS HIS OWN AGENT, ENTERED INTO 11 ORAL LEASE AGREEMENTS WITH THE LESSEES OF RESIDENTIAL DWELLING UNITS AT HIS 5 RENTAL PROPERTIES, RESULTINT IN 13 VIOLATIONS OF THE DISCLOSURE RULE. SPECIFICALLY, MR. ROYER DID NOT: PROVIDE ANY OF THE LESSEES WITH THE EPA-APPROVED LEAD HAZARD INFORMATION PAMPLET, PROTECT YOUR FAMILY FROM LEAD IN YOUR HOME, BEFORE THE LESSEES BECAME OBLIGATED UNDER THEIR RESPECTIVE LEASES; DISCLOSE TO A LESSEE THE PRESENCE OF KNOWN LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN ONE OF THE DWELLING UNITS; AND DID NOT PROVIDE THAT LESSEE WITH ANY RECORDS OR REPORTS AVAILABE TO THE MR. ROYER PERTAINING TO LEAD-BASED PAINT AND/OR LEAD-BASED HAZARDS IN THAT SAME DWELLING UNIT. EPA REGION III IS NOT PROPOSING A SPECIFIC PROPOSED PENALTY AT THIS TIEM, BUT WILL DO SO AT A LATER DATE AFTER AN EXCHANGE OF INFORMATION HAS OCCURRED.

Defendants (1)

• ROYER, D. GEORGE (SB)Named in complaintNamed in settlement

Facilities (7)

• ROYER, GEORGE D (115 S DUKE ST RENTAL PROPERTY)

  115 S DUKE ST, YORK, PA, 17403

  Registry ID: 110018926803

• ROYER, GEORGE D (465 WALNUT ST RENTAL PROPERTY)

  465 WALNUT ST, YORK, PA, 17403

  Registry ID: 110018926858

• ROYER, GEORGE D (1338 PROSPECT ST RENTAL PROPERTY)

  1338 PROSPECT ST, YORK, PA, 17403

  Registry ID: 110018926849

• ROYER, GEORGE D (109 S DUKE ST RENTAL PROPERTY)

  109 S DUKE ST, YORK, PA, 17403

  Registry ID: 110018926787

• ROYER, GEORGE D (108 S HOWARD AVE RENTAL PROPERTY)

  108 S HOWARD AVE, YORK, PA, 17403

  Registry ID: 110018926821

• ROYER, GEORGE D (MARKET ST & HELLAM RENTAL PROPERTY)

  MARKET ST AND HELLAM, YORK, PA, 17406

  Registry ID: 110018926830

• ROYER, GEORGE D (111 S DUKE ST RENTAL PROPERTY)

  111 S DUKE ST, YORK, PA, 17403

  Registry ID: 110018926689

Statutes cited

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

Enforcement conclusions (1)

• ROYER, GEORGE Dentered 2005-05-16

  Primary law: TSCA

  Federal penalty: $10,000

Timeline (4 milestones)

• 2004-09-15Enforcement Action Data Entered
• 2004-09-30Complaint Filed/Proposed Order
• 2005-05-16Final Order Issued
• 2005-05-25Enforcement Action Closed