EPA v. ASHRAF, MUHAMMAD

Case summary

On October 30, 2019, the Regional Judicial Officer ratified a Consent Agreement and Final Order ( CAFO ) between EPA Region III and Mr. Muhammad Ashraf ( Respondent ), of Harrisburg, Pennsylvania. 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 Disclosure Rule seeks to ensure that individuals and families receive the information necessary to protect themselves from lead-based paint and/or lead-based paint hazards and requires sellers, lessors and agents to comply with certain information provision and disclosure requirements when selling or leasing housing constructed before 1978 ( target housing ). 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 each of six (6) lease agreements for residential target housing (i.e., a single-family residence and an apartment building containing 5 residential dwelling units), the Respondent failed to comply with requirements to: (a) provide each 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, each lease agreement a required Lead Warning Statement; and (c) ensure that an appropriate statement disclosing the presence of known lead based paint and/or lead based paint hazards in the target housing, or indicating no knowledge of their presence, was included as an attachment to, or within, each lease agreement. The Respondent cooperated with EPA during its investigation, took necessary corrective actions and agreed to an early settlement with EPA. The settlement requires the Respondent to pay an $84,000.00 civil penalty over an 18-month time period. EPA has contacted the Commonwealth of Pennsylvania about this matter and the State has raised no objections.

Defendants (1)

• ASHRAF, MUHAMMADNamed in complaintNamed in settlement

Facilities (1)

• ASHRAF, MUHAMMAD

  2341 BERRYHILL ST., HARRISBURG, PA, 17104

  Registry ID: 110070666450

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• ASHRAF, MUHAMMADentered 2019-10-30

  Primary law: TSCA

  Federal penalty: $84,000

Timeline (4 milestones)

• 2019-10-30Final Order Issued
• 2019-10-30Complaint Filed/Proposed Order
• 2019-11-01Enforcement Action Data Entered
• 2021-04-23Enforcement Action Closed