EPA v. SMITH RENTALS, LLC

Case summary

On December 18, 2018, the Regional Judicial Officer for EPA-Region III issued a Final Order concluding a proceeding initiated by EPA under the federal Toxic Substances Control Act (TSCA) against Smith Rentals LLC for multiple violations of the federal real estate notification and disclosure rule for lead-based paint in 22 lease transactions for residential properties in the Morgantown, West Virginia area. Smith Rentals LLC (Smith Rentals) has a single member, Andrew C. Smith. Smith Rentals, as owner and lessor of the relevant properties, violated multiple requirements of 40 C.F.R. Part 745, Subpart F, Disclosure of Known Lead-Based Paint and/or Lead-Based Paint Hazards Upon Sale or Lease of Residential Property. Subpart F is referred to as the Real Estate Notification and Disclosure Rule for Lead-Based Paint. Among other things, the Disclosure Rule requires that lessors of ?target housing? comply with certain notification and disclosure requirements for lease transactions of residential properties or dwellings. In each lease transaction, Smith Rentals failed to include a prescribed lead warning statement and the lessor?s lead disclosure statement. The Final Order, which incorporates a Consent Agreement executed by the parties, resolves the alleged past civil violations. The proceeding was initiated by a show cause/settlement opportunity letter. Under the terms of the settlement, a civil penalty of $56,114 will be paid by Smith Rentals. This was a case of direct implementation.

Defendants (1)

• SMITH RENTALS, LLCNamed in complaintNamed in settlement

Facilities (1)

• SMITH RENTALS, LLC

  426 DRUMMOND ST, MORGANTOWN, WV, 26505

  Registry ID: 110066852579

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• SMITH RENTALS, LLCentered 2018-12-18

  Primary law: TSCA

  Federal penalty: $56,114

Timeline (4 milestones)

• 2018-12-18Complaint Filed/Proposed Order
• 2018-12-18Final Order Issued
• 2019-01-30Enforcement Action Closed
• 2019-02-06Enforcement Action Data Entered