EPA v. FOSTER DEVELOPMENT COMPANY D/B/A THE OAKS APARTMENTS

Case summary

9/11/2008 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $159. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. RESPONDENT ALSO AGREES TO COMPLETE A SEP. ORDER ALLEGES: RESPONDENT FAILED TO PROVIDE LESSEE AN EPA-APPROVED PAMPHLET IN AT LEAST FOUR LEASES. PURSUANT TO 40 CFR SECTION 745.113(b)(1), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE, AS AN ATTACHMENT TO OR WITHIN THE CONTRACT, THE LEAD WARNING STATEMENT. RESPONDENT FAILED TO INCLUDE AN APPROPRIATE STATEMENT IN AT LEAST FOUR LEASES. PURSUANT TO 40 CFR SECTION 113(b)(2), EACH CONTRACT LEASE TARGET HOUSING SHALL INCLUDE, AS AN ATTACHMENT TO OR WITHIN THE CONTRACT, A STATEMENT DISLCLOSING THE PRESENCE OF KNOWN LEAD-BASE PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING BEING PURCHASED 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 IN AT LEAST FOUR LEASES. PURSUANT 40 CFR SECTION 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 THAT PERTAIN TO LEAD HAZARD INFORMATION OR AN INDICATION THAT NO SUCH LIST EXISTS. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFORMATION IN AT LEAST FOUR LEASES. PURSUANT TO 40 CFR SECTION 745.113(b)(4),EACH CONTRACT TO LEASE TARGET HOUSING SHALLINCLUDE IN THE CONTRACT FOR LEASE A STATEMENT BY THE LESSEE AFFIRMING RECEIPT OF THE INFORMATION. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFORMATION IN AT LEAST FOUR LEASES. PURSUANT TO 40 CFR SECTION 745.113(b)(5), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE, AS AN ATTACHMENT TO OR WITHIN THE CONTRACT, A STATEMENT BY THE ONE OR MORE AGENTS INVOLVED IN THE TRANSACTION TO LEASE TARGET HOUSING THAT THE AGENTS(S) IS AWARE OF HIS DUTY TO ENSURE COMPLIANCE. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFORMATION IN AT LEAST FOUR LEASES. PURSUANT TO 40 CFR SECTION 745.113(b)(6), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE IN THE CONTRACT FOR LEASE SIGNATURES OF THE LESSOR, AGENT AND LESSEE CERTIFYING TO THE ACCURACY OF THEIR STATEMENTS, AS WELL AS DATES. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFORMATION IN AT LEAST FOUR LEASES.

Defendants (2)

• FOSTER DEVELOPMENT COMPANY (SB)Named in complaintNamed in settlement
• THE OAKS APARTMENTS (SB)Named in complaintNamed in settlement

Facilities (1)

• THE OAKS APARTMENTS

  2360 TREDWAY DRIVE, MACON, GA, 31211

  Registry ID: 110030907972

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• FOSTER DEVELOPMENT COMPANY D/B/A THE OAKS APARTMENTSentered 2008-09-11

  Primary law: TSCA

  Federal penalty: $159 · SEP: $6,038

Timeline (4 milestones)

• 2008-09-11Final Order Issued
• 2008-09-11Complaint Filed/Proposed Order
• 2008-09-12Enforcement Action Data Entered
• 2008-09-19Enforcement Action Closed