EPA v. ROBERTS PROPERTIES DBA POPLAR SQUARE APARTMENTS

Case summary

3/19/2009 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $7,700. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: A. PURSUANT TO 40 CFR SECTION 745.107(a)(1), A LESSOR SHALL PROVIDE THE LESSEE AN EPA-APPROVED LEAD HAZARD INFORMATION 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 ONE LEASE. B. 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 ONE LEASE. C. PURSUANT TO 40 CFR SECTION 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-BASE 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 ONE LEASE. D. PURSUANT TO 40 CFR SECTION 745.113(b)(4), 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 ONE LEASE. E. PURSUANT TO 40 CFR SECTION 745.113(b)(3), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE 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 ONE LEASE. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFORMATION IN AT LEAST ONE LEASE. F. 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) HAS INFORMED THE LESSOR OR THE LESSOR'S OBLIGATIONS AND THAT THE AGENTS(S) IS AWARE OF HIS DUTY TO ENSURE COMPIANCE. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFORMATION IN AT LEAST ONE LEASE. G. 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 STATEMENT, AS SELL AS DATES. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFORMATION IN AT LEAST ONE LEASE.

Defendants (2)

• ROBERTS PROPERTIES (SB)Named in complaintNamed in settlement
• POPLAR SQUARE APARTMENTS (SB)Named in complaintNamed in settlement

Facilities (1)

• POPLAR SQUARE APARTMENTS

  1070 POPLAR AVE, MEMPHIS, TN, 38104

  Registry ID: 110033195370

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• ROBERTS PROPERTIES DBA POPLAR SQUARE APARTMENTSentered 2009-03-19

  Primary law: TSCA

  Federal penalty: $7,700

Timeline (4 milestones)

• 2009-03-19Final Order Issued
• 2009-03-19Complaint Filed/Proposed Order
• 2009-03-20Enforcement Action Data Entered
• 2009-04-24Enforcement Action Closed