EPA v. STEWART, WILLIE (GODWIN AVENUE APARTMENTS)

Case summary

7/7/08 - CAFO ISSUED, ASSESSING A PENALTY OF $11,000, DUE IN INSTALLMENTS. FIRST PAYMENT OF $1,434.34 DUE WITHIN 30 DAYS. SECOND PAYMENT DUE WITHIN 120 DAYS. THIRD PAYMENT DUE WITHIN 210 DAYS. FOURTH PAYMENT DUE WITHIN 300 DAYS. FIFTH PAYMENT DUE WITHIN 390 DAYS. SIXTH PAYMENT DUE WITHIN 480 DAYS. SEVENTH PAYMENT DUE WITHIN 570 DAYS. EIGHTH PAYMENT DUE WITHIN 660 DAYS. EACH PAYMENT IS $1,434.34. ALLEGATIONS: PURSUANT TO 40 CFR 745.107(a)(1), A LESSOR SHALL PROVIDE THE LESSEE AN EPA-APPROVED LEAD HAZARD INFO PAMPHLET BEFORE THE LESSEE IS OBLIGATED UNDER ANY CONTRACT TO LEASE TARGET HOUSING. RESPONDENT FAILED TO PROVIDE LESSEE 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 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 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 INFO.

Defendants (1)

• STEWART, WILLIE (SB)Named in complaintNamed in settlement

Facilities (1)

• GODWIN AVENUE APARTMENTS, INC.

  515 E 21ST STREET, LUMBERTON, NC, 28358

  Registry ID: 110018937329

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• STEWART, WILLIE (GODWIN AVENUE APARTMENTS)entered 2008-07-07

  Primary law: TSCA

  Federal penalty: $11,000

Timeline (4 milestones)

• 2008-07-07Final Order Issued
• 2008-07-07Complaint Filed/Proposed Order
• 2008-08-18Enforcement Action Data Entered
• 2010-08-04Enforcement Action Closed