EPA v. PHILLIPS MANAGEMENT (WILLOW CREEK APARTMENTS)

Case summary

6/18/08 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $4,800, DUE WITHIN 30 DAYS. EPA ALLEGES: 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 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 RPEORTS 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)

• PHILLIPS MANAGEMENT (SB)Named in complaintNamed in settlement

Facilities (1)

• WILLOW CREEK APARTMENTS

  3200 FERNANDINO ROAD, COLUMBIA, SC, 27210

  Registry ID: 110030478034

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• PHILLIPS MANAGEMENT (WILLOW CREEK APARTMENTS)entered 2008-06-18

  Primary law: TSCA

  Federal penalty: $4,800

Timeline (4 milestones)

• 2008-06-18Final Order Issued
• 2008-06-18Complaint Filed/Proposed Order
• 2008-06-24Enforcement Action Data Entered
• 2008-07-18Enforcement Action Closed