EPA v. TAMASSEE APARTMENTS

Case summary

7/7/09 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $330. RESPONDENT ALSO AGREES TO COMPLETE A SEP. SPECIFIC ALLEGATIONS: BASED ON INFO OBTAINED BY EPA ON OR ABOUT JUNE 9, 2005, RELATING TO RESPONDENT'S CONTRACTS TO LEASE ITS TARGET HOUSING, EPA ALLEGES THAT RESPONDENT VIOLATED TSCA SEC 409 AND 40 CFR PART 745, SUBPART F, AS FOLLOWS: A. 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 IN AT LEAST 8 LEASES. B. PURSUANT TO 40 CFR 745.113(b)(1), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE, AS AN ATTACHMENT TO OR WITHIN THE CONTRACT, THE LEAD WARNING STATMENT. RESPONDENT FAILED TO INCLUDE AN APPROPRIATE STATEMENT IN AT LEAST 8 LEASES. C. PURSUANT TO 40 CFR 745.113(b)(2), EACH CONTRACT TO LEASST TARGET HOUSING SHALL INCLUDE, AS AN ATTACHMENT TO OR WITHIN THE CONTRACT, A STATEMENT DISCLOSING THE PRESENCE OF KNOWN LEAD-BASED PAIN 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 8 LEASES. D. 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 THAT PERTAIN TO LEAD HAZARD INFO, OR AN INDICATION THAT NO SUCH LIST EXISTS. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFO IN AT LEAST 8 LEASES. E. PURSUANT TO 40 CFR 745.113(b)(4), EACH CONTRACT TO LEAST TARGET HOUSING SHALL INCLUDE IN THE CONTRACT FOR LEASE, A STATEMENT BY THE LESSEE AFFIRMING RECEIPT OF THE INFORMATION REFERENCED IN PARA D ABOVE. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFO IN AT LEAST 8 LEASES. F. 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 LEASE TARGET HOUSING THAT THE AGENT(S) HAS INFORMED THE LESSOR OF THE LESSOR'S OBLIGATIONS, AND THAT THE AGENT(S) IS AWARE OF HIS DUTY TO ENSURE COMPLIANCE. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFO IN AT LEAST 8 LEASES. G. PURSUANT TO 40 CFR 745.113(b)(6), EACH CONTRACT TO LEAST TARGET HOUSING SHALL INCLUDE IN THE CONTRACT FOR LEASE, SIGNATURES OF THE LESSOR, AGENT AND LESSEE CERTIFYING TO THE ACCURACY OF THEIR STATEMENT, AS WELL AS DATES. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFO IN AT LEAST 8 LEASES.

Defendants (1)

• TAMASSEE APARTMENTS (SB)Named in complaintNamed in settlement

Facilities (1)

• TAMASSEE APARTMENTS

  66 LYONS DRIVE, ROME, GA, 30165

  Registry ID: 110037953881

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• TAMASSEE APARTMENTSentered 2009-07-07

  Primary law: TSCA

  Federal penalty: $330 · SEP: $4,520

Timeline (4 milestones)

• 2009-07-07Complaint Filed/Proposed Order
• 2009-07-07Final Order Issued
• 2009-07-22Enforcement Action Data Entered
• 2009-07-23Enforcement Action Closed