EPA v. FRUIT HILL ORCHARD, INC.

Case summary

Pursuant to Sections 22.13(b), 22.18(b)(2), and 22.18.(b)(3) of the Consolidated Rules, the Regional Judicial Officer, on May 16, 2017, signed the Final Order accepting the Consent Agreement (collectively CAFO) negotiated in settlement of certain violations of the Lead Based Paint Disclosure Rule ( Disclosure Rule ) by Fruit Hill Orchard, Inc. ( Respondent ) with respect to leasing residential pre-1978 housing ( Target Housing ). The purpose of the Disclosure Rule is to ensure that individuals and families receive information necessary to protect themselves and their families from lead-based paint and/or lead-based paint hazards. The Disclosure Rule requires, among other things, lessors of target housing to provide tenants with certain information prior to the lease signing of Target Housing. In this case, Respondent failed to provide the Lead Warning Statement as required pursuant to 40 C.F.R. 745.113(b)(1), failed to include, as an attachment or within the contract to lease target housing, a statement by the lessor disclosing the presence of known lead-based paint and/or lead-based paint hazards 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 failed to include, as an attachment or within a contract to lease target housing, a statement by the lessee affirming receipt of the information required by 40 CFR 745.113(b)(2) and (b)(3) and the lead hazard pamphlet required by 40 CFR ? 745.113(b)(4), for two separate lease transactions of Target Housing. Under the terms of the CAFO, Respondent will pay a civil penalty in the amount of $18,242. This Consent Agreement and Final Order initiates and concludes this matter. The Commonwealth of Virginia was notified and concurred with this action.

Defendants (1)

• FRUIT HILL ORCHARD, INC.Named in complaintNamed in settlement

Facilities (1)

• FRUIT HILL ORCHARD, INC.

  766 ECHO LANE, WINCHESTER, VA, 22603

  Registry ID: 110070067766

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• FRUIT HILL ORCHARD, INC.entered 2017-05-16

  Primary law: TSCA

  Federal penalty: $18,242

Timeline (3 milestones)

• 2017-05-16Final Order Issued
• 2017-05-16Complaint Filed/Proposed Order
• 2017-05-25Enforcement Action Data Entered