EPA v. TARGET INVESTMENTS PROPERTY MANAGEMENT

Case summary

The Consent Agreement and Final Order filed in this matter simultaneously commences and resolves sixteen (16) claims alleging violations of Section 16(a) of the Toxic Substances Control Act (���TSCA���), 15 U.S.C. �� 2615(a) as a result of violations of the Residential Lead-Based Paint Hazard Reduction Act of 1992, 42 U.S.C. ���� 4851 et seq. (���Title X���) and the underlying federal lead disclosure regulations at 40 C.F.R. Part 745, Subpart F (���Disclosure Rule���). As a general matter, the violations described in Consent Agreement arise from Target Investments Property Management���s (Target���s) failure to ensure that the following statements were provided to the respective lessees, either as an attachment to, or within, the seven leases at issue: 1) a ���Lead Warning Statement��� containing the language set forth in, and required by, 40 C.F.R. �� 745.113(b)(1); 2) a statement by the lessor disclosing the presence of known lead-based paint and/or lead-based paint hazards in the target housing being leased or indicating no knowledge of the presence of lead-based paint and/or lead-based paint hazards, as required by 40 C.F.R. �� 745.113(b)(2); and/or 3) a statement that the agent has informed the lessor of the [lessor���s] obligations under 42 U.S.C. 4852d and the agent is aware of his/her duty to ensure compliance with the requirements of 40 C.F.R. Part 745, Subpart F, as required by 40 C.F.R. �� 745.113(b)(5). The leases at issue relate to ���Target Housing���, as that term is defined at 40 C.F.R. �� 745.103, located at: a) 138 South West Street, York, PA; b) 545 South Queen Street, York, PA; and, c) 100 Dew Drop Court, York, PA.

Defendants (1)

• TARGET INVESTMENTS PROPERTY MANAGEMENTNamed in complaintNamed in settlement

Facilities (3)

• TARGET INVESTMENTS PROPERTY MANAGEMENT (138 S W STREET)

  138 S W STREET, YORK, PA, 17401

  Registry ID: 110024268022

• TARGET INVESTMENTS PROPERTY MANAGEMET (545 SOUTH QUEEN STREET)

  545 SOUTH QUEEN STREET, YORK, PA, 17401

  Registry ID: 110024267951

• TARGET INVESTMENTS PROPERTY MANAGEMENT (100 DEW DROP COURT)

  100 DEW DROP COURT, YORK, PA, 17401

  Registry ID: 110022876164

Statutes cited

• TSCA 406B — Lead: Pre-Renovation Education Rule
• TSCA 16A4 — Failure to Pay Civil Penalty

Enforcement conclusions (1)

• TARGET INVESTMENTS PROPERTY MANAGEMENTentered 2005-05-27

  Primary law: TSCA

  Federal penalty: $7,656

Timeline (4 milestones)

• 2005-05-26Enforcement Action Data Entered
• 2005-05-27Complaint Filed/Proposed Order
• 2005-05-27Final Order Issued
• 2005-06-27Enforcement Action Closed