EPA v. Graham & Associates, Inc.

Case summary

CAFO issued 9/22/2004, assessing a penalty of $4,466. Respondent did not provide the purchasers with an EPA-approved lead hazard information pamphlet before each such purchaser was obligated to purchase target housing. In violation of 40 C.F.R. Section 745.107(a)(a). Respondent did not include, as an attachment to the contracts to purchase target housing, the required Lead Warning Statement . In violation of 40 C.F.R. Section 745.113(a)(1). Respondent did not include, as an attachment to the contracts to purchase target housing, a statement disclosing the presence of known lead-based paint and/or lead-base paint hazards or a statement indicating no knowledge of the presence of lead-based paints and/or lead-based paint hazards. In violation of 40 C.F.R. 745.113(a)(2). Respondent did not include, as an attachment to, the contracts to purchase target housing, a list of any records or reports available to the Respondent pertaining to lead-based paint and/or lead base paint hazards in the housing, or an indication that no such records were available. In violation of 40 C.F.R. Section 745.113(a)(3). Respondent did not permit the purchasers a 10-day period to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead base paint hazards. In violation of 40 C.F.R. Section 745.110(a). Respondent failed to include, as an attachment to the contracts, a statement by the purchasers of an opportunity to conduct a risk assessment or inspection pursuant to 40 C.F.R. Section 745.110(a) or to waive an opportunity. Respondent failed to include, as an attachment to the contracts, a statement by the purchases affirming receipt of the information required and the lead hazard pamphlet. In violation of 40 C.F.R. 745.113(a)(4). Respondent failed to include in the contracts, as an attachment to, a statement by the one or more Agents involved in the transaction to sell target housing that the Agent(s) has informed the Seller of the Seller's obligations and that the Agent(s) is ware of his duty to ensure compliance. In violation of 40 C.F.R. 745.113(a)(6)(i) and (ii). Respondent failed to include, as an attachment to the contracts, for sale of target housing, signatures of the Sellers, Agents, and Purchasers certifying to the accuracy of their statement, along with the dates of signatures of the Sellers, Agents, and Purchasers certifying to the accuracy of their statements, along with the dates of signature. In violation of 40 C.F.R. Section 745.113(a)(7). Respondent failed to retain a copy of the completed disclosure records for no less than three years from the completion date of the sale. In violation of 40 C.F.R. Section 745.113(c)(1

Defendants (1)

• GRAHAM & ASSOCIATES, INC.Named in complaintNamed in settlement

Facilities (1)

• GRAHAM & ASSOCIATES INC.

  1625 E COUNTRY LINE RD, JACKSON, MS, 00000

  Registry ID: 110016663065

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• Graham & Associates, Inc.entered 2004-09-22

  Primary law: TSCA

  Federal penalty: $4,466

Timeline (4 milestones)

• 2004-09-22Complaint Filed/Proposed Order
• 2004-09-22Final Order Issued
• 2004-09-23Enforcement Action Data Entered
• 2004-10-08Enforcement Action Closed