EPA v. BROWN, LILLIAN M

Case summary

THE VIOLATIONS ALLEGED HEREIN PERTAIN TO THE RESPONDENT'S FAILURE TO COMPLY WITH APPLICABLE REQUIREMENTS OF THE REAL ESTATE NOTIFICATION AND DISCLOSURE RULE IN THE LEASE OF TARGET HOUSING ON OR ABOUT APRIL 1, 2003. THE IDENTIFIED VIOLATIONS INCLUDED THE RESPONENT'S FAILURE TO MAKE REQUIRED DISCLOSURES TO THE LESSEE OF THE TARGET HOUSING BEFORE THE LESSEE BECAME OBLIGATED TO LEASE THE SAME PURSUANT TO AN APRIL 1, 2003 LEASE AGREEMENT. SUCH VIOLATIONS INCLUDE THE RESPONDENT'S: 1. FAILURE TO PROVIDE THE LESSEE WITH AN EPA-APPROVED LEAD HAZARD INFORMATION PAMPHELT WHICH INCLUDE THE EPA DOCUMENT ENTITLED PROTECT YOUR FAMILY FROM LEAD IN YOUR HOME (EPA #747-K-94-001), OR WITH AN EQUIVALENT PAMPHLET, APPROVED FOR USE IN THE STATE OF WEST VIRGINIA BY THE EPA, IN VIOLATION OF 40 C.F.R. SECTION 745.107(a)(1); 2. FAILURE TO INCLUDE A LEAD WARINING STATEMENT CONTAINING THE LANGUAGE SET FORTH IN 40 C.F.R. SECTION 745.113(b)(1) EITHER WITHIN, OR AS AN ATTACHMENT TO, THE APRIL 1, 2003 LEASE AGREEMENT FOR THE TARGET HOUSING, IN VIOLATION OF 40 C.F.R. SECTION 745.113(b)(1); 3. FAILURE TO INCLUDE AS AN ATTACHMENT TO, OR AS PART OF, THE APRIL 1, 2003 LEASE AGREEMENT EITHER A STATEMENT DISCLOSING THE PRESENCE OF KNOWN LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING OR A STATEMENT INDICATING NO KNOWLEDGE OF THE PRESENCE OF LEAD-BASED PAINT AND/OR LEAD-BASED HAZARDS IN THE TARGET HOUSING, IN VIOLATION OF 40 C.F.R. SECTION 745.113(b0(2); AND 4. FAILURE TO INCLUDE AS AN ATTACHMENT TO, OR AS PART OF, THE APRIL 1, 2003 LEASE AGREEMENT EITHER A STATEMENT DICLOSING THE PRESENCE OF KNOWN LEAD-BASE PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING OR A STATEMENT INDICATING NO KNOWLEDGE OF THE PRESENCE OF LEAD-BASED PAINT AND/OR LEAD-BASED HAZARDS IN THE TARGET HOUSING, IN VIOLATIONI OF 40 C.F.R. SECTION 745.113(b)(3).

Defendants (1)

• BROWN, LILLIAN M (SB)Named in complaintNamed in settlement

Facilities (1)

• BROWN, LILLIAN M

  111 MAPLE AVE, FRANKLIN, WV, 26807

  Registry ID: 110020771119

Statutes cited

• TSCA 16A4 — Failure to Pay Civil Penalty

Enforcement conclusions (1)

• BROWN, LILLIAN Mentered 2005-02-25

  Primary law: TSCA

  Federal penalty: $7,500

Timeline (4 milestones)

• 2005-02-23Enforcement Action Data Entered
• 2005-02-25Complaint Filed/Proposed Order
• 2005-02-25Final Order Issued
• 2005-03-28Enforcement Action Closed