EPA v. KINARD, PHILLIP/PASAK INVESTMENTS, INC./STARR HOLDINGS, LLC

Case summary

Violation of the Lead-Based Paint Disclosure Rule (TSCA 1018). 9/12/05 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $3,080, DUE WITHIN 30 DAYS. SPECIFIC ALLEGATIONS: RESPONDENT WAS A LESSOR OF RESIDENTIAL HOUSING IDENTIFIED AS GRACELAND APARTMENTS LOCATED AT 739 28TH AVENUE IN TUSCALOOSA, AL. BASED ON INFORMATION OBTAINED BY EPA ON OR ABOUT JANUARY 13, 2003, RELATING TO RESPONDENT'S CONTRACTS TO LEASE ITS TARGET HOUSING, EPA ALLEGES THAT RESPONDENT VIOLATED SECTI 409 OF TSCA AND THE REQUIREMENTS NOTED IN THE EPA NOTICE OF VIOLATION DATED JULY 1, 2005. THE PENALTY ASSOCIATED WITH THIS ACTION IS BASED ON THE FOLLOWING REGULATIONS: A. PURSUANT TO 40 CFR 745.107(a)(1), A LESSOR SHALL PROVIDE THE LESSEE AN EPA-APPROVED LEAD HAZARD INFORMATION PAMPHLET BEFORE THE LESSEE IS OBLIGATED UNDER ANY CONTRACT TO LEASE TARGET HOUSING. RESPONDENT FAILED TO PROVIDE LESSEES AN EPA-APPROVED PAMPHLET. B. PURSUANT TO 40 CFR 745.113(b)(1), EACH CONTRACT TO LEAST TARGET HOUSING SHALL INCLUDE, AS AN ATTACHMENT TO, OR WITHIN, THE CONTRACT A LEAD WARNING STATEMENT. RESPONDENT FAILED TO INCLUDE THE REQUIRED LEAD WARNING STATEMENT. C. PURSUANT TO 40 CFR 745.113(b)(2), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE, AS AN ATTACHMENT TO, OR WITHIN, THE CONTRACT, A STATEMENT DISCLOSING THE PRESENCE OF KNOWN LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING BEING LEASED OR A STATEMENT INDICATING NO KNOWLEDGE OF THE PRESENCE OF LEAD-BASED PAINT AND/OR LEAD PAINT HAZARDS. RESPONDENT FAILED TO INCLUDE AN APPROPRIATE STATEMENT. D. PURSUANT TO 40 CFR 745.113(b)(3), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE, AS AN ATTACHMENT TO, OR WITHIN, THE CONTRACT, A LIST OF ANY RECORDS OR REPORTS AVAILABLE TO THE LESSOR PERTAINING TO LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE HOUSING THAT HAVE BEEN PROVIDED TO THE LESSEE, OR AN INDICATION THAT NO SUCH RECORDS OR REPORTS ARE AVAILABLE. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFORMATION

Defendants (3)

• STARR HOLDINGS, LLC (SB)Named in complaintNamed in settlement
• PASAK INVESTMENTS, INC. (SB)Named in complaintNamed in settlement
• KINARD, PHILLIPNamed in complaintNamed in settlement

Facilities (1)

• GRACELAND APARTMENTS

  739 28TH ST E, TUSCALOOSA, AL, 35404

  Registry ID: 110016661469

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• KINARD, PHILLIP/PASAK INVESTMENTS, INC./STARR HOLDINGS, LLCentered 2005-09-12

  Primary law: TSCA

  Federal penalty: $3,080

Timeline (4 milestones)

• 2005-08-05Enforcement Action Data Entered
• 2005-09-12Complaint Filed/Proposed Order
• 2005-09-12Final Order Issued
• 2005-10-04Enforcement Action Closed