EPA v. ZIRKLE, WILLARD D. AND LORA H.

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 December 4 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 Willard D. Zirkle and Lorna H. Zirkle, husband and wife (?Respondents?) 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 purchase or lease signing of Target Housing. In this case, Respondents failed to provide the Lead Warning Statement as required pursuant to 40 C.F.R. 745.113(a)(1) and 113(b)(1), failed to include, as an attachment or within the contract to purchase or 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(a)(2) and .113(b)(2), failed to include, as an attachment or within a contract to purchase or lease target housing, a statement by the lessee affirming receipt of the information required by 40 CFR 745.113(a)(4),113(b)(2) and (b)(3) and the lead hazard pamphlet required by 40 CFR 745.113(b)(4), and failed to provide the purchaser, as an attachment to each contract to sell target housing, the opportunity to conduct a risk assessment or inspection or waive such opportunity as required by 40 C.F.R. 745.113(a)(5) for ten separate lease transactions and two sale transactions of Target Housing. Under the terms of the CAFO, Respondents will pay a civil penalty in the amount of $40,649. This Consent Agreement and Final Order initiates and concludes this matter. The Commonwealth of West Virginia was notified and concurred with this action.

Defendants (1)

• ZIRKLE, WILLARD D. AND LORA H.Named in complaintNamed in settlement

Facilities (1)

• WILLARD D. ZIRKLE

  250 NORWAY LOOP ROAD, FAIRMONT, WV, 26554

  Registry ID: 110063700794

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• ZIRKLE, WILLARD D. AND LORA H.entered 2017-12-04

  Primary law: TSCA

  Federal penalty: $40,649

Timeline (3 milestones)

• 2017-12-04Complaint Filed/Proposed Order
• 2017-12-04Final Order Issued
• 2017-12-13Enforcement Action Data Entered