EPA v. WESTMINSTER APARTMENTS

Case summary

5/19/09 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $2443, DUE WITHIN 30 DAYS. ALLEGATIONS: 40 CFR 745.107(a)(1), A LESSOR SHALL PROVIDE THE LESSEE AN EPA-APPROVED LEAD HAZARD INFO PAMPHLET BEFORE THE THE LESSEE IS OBLIGATED UNDER ANY CONTRACT TO LEASE TARGET HOUSING. RESPONDENT FAILED TO PROVIDE LESSEE AN EPA-APPROVED PAMPHLET IN AT LEAST ONE LEASE. PURSUANT TO 40 CFR 745.113(b)(4), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE IN THE CONTRACT FOR LEASE A STATEMENT BY THE LESSEE AFFIRMING RECEIPT OF THE INFO. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFO IN AT LEAST ONE LEASE. PURSUANT TO 40 CFR 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 LEAST TARGET HOUSING THAT THE AGENT HAS INFORMED THE LESSOR OF THE LESSOR'S OBLIGATIONS AND THAT THE AGENT IS AWARE OF HIS DUTY TO ENSURE COMPLIANCE. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFO IN AT LEAST ONE LEASE. PURSUANT TO 40 CFR 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 INFO IN AT LEAST ONE LEASE.

Defendants (1)

• WESTMINSTER APARTMENTS (SB)Named in complaintNamed in settlement

Facilities (1)

• WESTMINSTER APARTMENTS

  600 REDMOND ROAD, ROME, GA, 30165

  Registry ID: 110037956637

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• WESTMINSTER APARTMENTSentered 2009-05-19

  Primary law: TSCA

  Federal penalty: $2,443

Timeline (4 milestones)

• 2009-05-19Complaint Filed/Proposed Order
• 2009-05-19Final Order Issued
• 2009-06-02Enforcement Action Closed
• 2009-06-23Enforcement Action Data Entered