EPA v. FRANKLIN M. SANTMYER, JR. (SANTMYER, JR. FRANKLIN M.)

Case summary

On June 20, 2019, the Regional Judicial Officer ratified a Consent Agreement and Final Order (ACAFO@) between EPA Region III and Mr. Franklin M. Santmyer, Jr. ( Respondent ), of Elkins, West Virginia. The CAFO settles and resolves Respondent=s liability for alleged violations of TSCA Section 409 and Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992, and regulations promulgated thereunder at 40 C.F.R. Part 745, Subpart F, commonly known as the Disclosure Rule . The alleged violations pertain to the Respondent's failure to comply with the Disclosure Rule's lessor responsibilities under 40 C.F.R. 745.107 and .113. Specifically, EPA alleges that in a lease agreement for residential target housing (i.e., a two-story single-family residence constructed before 1978) the Respondent failed to comply with the requirements to: (a) provide the lessee with an EPA-approved lead hazard information pamphlet before the lessee became obligated to lease the target housing under the terms of the lease agreement; (b) include as an attachment to, or as a part of, the lease agreement a required Lead Warning Statement; and (c) ensure that an appropriate statement disclosing the presence of known lead based paint, or indicating no knowledge of the presence of lead based paint and/or lead based paint hazards, in the target housing was included as an attachment to, or within, the lease agreement. The Respondent cooperated with EPA during its investigation, took necessary corrective action and agreed to an early settlement with EPA. The settlement requires the Respondent to pay a $25,000.00 civil penalty under a 24-month payment plan.

Defendants (1)

• SANTMYER, JR. FRANLIN M.Named in complaintNamed in settlement

Facilities (1)

• FRANKLIN M. SANTMYER, JR.

  5 MAIN ST, ELKINS, WV, 26241

  Registry ID: 110070248051

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• FRANKLIN M. SANTMYER, JR. (SANTMYER, JR. FRANKLIN M.)entered 2019-06-20

  Primary law: TSCA

  Federal penalty: $25,000

Timeline (4 milestones)

• 2019-06-20Complaint Filed/Proposed Order
• 2019-06-20Final Order Issued
• 2019-07-02Enforcement Action Data Entered
• 2021-04-09Enforcement Action Closed