EPA v. HENSLEY, KENNETH L.

Case summary

9/8/04 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $100, DUE WITHIN 30 DAYS. ALLEGATIONS: 1. RESPONDENT DID NOT PROVIDE THE LESSEES WITH AN EPA-APPROVED LEAD HAZARD INFORMATION PAMPHLET BEFORE EACH SUCH LESSEE WAS OBLIGATED TO LEAST RESPONDENT'S TARGET HOUSING. 2. RESPONDENT DID NOT INCLUDE, AS AN ATTACHMENT TO, OR WITHIN, THE CONTRACTS TO LEASE ITS TARGET HOUSING, THE REQUIRED, LEAD WARNING OR STATEMENT. 3. RESPONDENT DID NOT INCLUDE, AS AN ATTACHMENT TO, OR WITHIN, THE CONTRACTS TO LEASE ITS TARGET HOUSING, A STATEMENT DISCLOSING THE PRESENCE OF KNOWN LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS OR A STATEMENT INDICATING NO KNOWLEDGE OF THE PRESENCE OF LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS, IN TEH CONTRACTS TO LEASE ITS TARGET HOUSING. 4. RESPONDENT DID NOT INCLUDE, AS AN ATTACHMENT TO, OR WITHIN, THE CONTRACTS TO LEASE ITS TARGET HOUSING, A LIST OF ANY RECORDS OR REPORTS AVAILABLE TO THE RESPONDENT PERTAINING TO LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE HOUSING, OR AN INDICATION THAT NO SUCH RECORDS WERE AVAILABLE. 5. RESPONDENT DID NOT INCLUDE, AS AN ATTACHMENT TO, OR WITHIN, THE CONTRACTS TO LEASE IT 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 UNDER 15 USC 2696. 6. RESPONDENT DID NOT INCLUDE, AS AN ATTACHMENT TO, OR WITHIN, THE CONTRACTS TO LEASE ITS TARGET HOUSING, THE SIGNATURES OF THE LESSOR AND LESSEES, CERTIFYING TO THE ACCURACY OF THEIR STATEMENTS, TO THE BEST OF THEIR KNOWLEDGE, ALONG WITH THE DATES OF SIGNATURE. 7. RESPONDENT DID NOT RETAIN A COYP OF THE COMPLETED DISCLOSURE RECORDS FOR NO LESS THAN 3 YEARS FROM THE COMPLETION DATE OF THE LEAS

Defendants (1)

• HENSLEY, KENNETH L. (SB)Named in complaintNamed in settlement

Facilities (1)

• HENSLEY, KENNETH & KAREN

  2122 WEST HORIZON DRIVE, HEBRON, KY, 41048

  Registry ID: 110020505096

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• HENSLEY, KENNETH L.entered 2004-09-08

  Primary law: TSCA

  Federal penalty: $100

Timeline (4 milestones)

• 2004-09-08Complaint Filed/Proposed Order
• 2004-09-08Final Order Issued
• 2004-09-20Enforcement Action Data Entered
• 2004-09-24Enforcement Action Closed