EPA v. BENAFIELD, J.W. (NOTTINGHAM APARTMENTS)

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 $11,000, DUE WITHIN 30 DAYS. SPECIFIC ALLEGATIONS: 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 LEASE 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 BASED 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 (1)

• BENAFIELD, J.W.Named in complaintNamed in settlement

Facilities (1)

• NOTTINGHAM APARTMENTS

  1160 S BEAHCHAMP, GREENVILLE, MS, 38703

  Registry ID: 110023161326

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• BENAFIELD, J.W. (NOTTINGHAM APARTMENTS)entered 2005-09-12

  Primary law: TSCA

  Federal penalty: $11,000

Timeline (3 milestones)

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