EPA v. RIVER OAKS APARTMENTS

Case summary

VIOLATION OF THE LEAD-BASED PAINT DISCLOSURE RULE (SECTION 1018). 10/25/05 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $11,000. THIS PENALTY AMOUNT, INCLUDING THE INTEREST ASSOCIATED WITH A QUARTERLY PAYMENT SCHEDULE OVER A TWO-YEAR PERIOD, TOTALS 11,124.09, TO BE PAID IN 8 PAYMENTS. THE FIRST PAYMENT IS DUE WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS CAFO AND SUBSEQUENT PAYMENTS IN QUARTELRY INTERVALS THEREAFTER. RESP0NDENT SHALL MAKE PAYMENTS IN ACCORDANCE WITH THE FOLLOWING SCHEDULE: WITHIN DAYS DAYS: $1,390.51; WITHIN 120 DAYS: $1,390.51; WITHIN 210 DAYS: $1,390.51; WITHIN 300 DAYS: $1,390.51; WITHIN 390 DAYS: $1,390.51; WITHIN 480 DAYS: $1,390.51; WITHIN 570 DAYS: $1,390.51; WITHIN 660 DAYS: $1,390.51. ALLEGATIONS: PURSUANT TO 40 CFR 745.107(a)(1), A LESSOR SHALL PROVIDE THE LESSEE AND 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. 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. 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. 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 OT 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)

• RIVER OAKS APARTMENTS (SB)Named in complaintNamed in settlement

Facilities (1)

• RIVER OAKS APARTMENTS

  11291 HARTS ROAD, JACKSONVILLE, FL, 32218

  Registry ID: 110017837518

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• RIVER OAKS APARTMENTSentered 2005-10-25

  Primary law: TSCA

  Federal penalty: $11,000

Timeline (3 milestones)

• 2005-10-11Enforcement Action Data Entered
• 2005-10-25Complaint Filed/Proposed Order
• 2005-10-25Final Order Issued