EPA v. AZALEA PLACE APARTMENTS

Case summary

5/5/09 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $265.56. RESPONDENT ALSO AGREES TO PERFORM A SEP. ALLEGATIONS: PURSUANT TO 40 CFR 745.107(a)(1), A LESSOR SHALL PROVIDE THE LESSEE AN EPA-APPROVED LEAD HAZARD INFO PAMPHLET BEFORE THE LESSOR IS OBLIGATED UNDER ANY CONTRACT TO LEASE TARGET HOUSING. RESPONDENT FAILED TO PROVIDE LESSEE AN EPA-APPROVED PAMPHLET IN AT LEAST 5 LEASES. PURSUANT TO 40 CFR 745.113(b)(1), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDES, AS AN ATTACHMENT TO OR WITHIN THE CONTRACT, THE LEAD WARNING STATEMENT. RESPONDENT FAILED TO INCLUDE AN APPROPRIATE STATEMENT IN AT LEAST 5 LEASES. 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 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 5 LEASES. 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 REPORTS 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 5 LEASES. 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 REFERENCED IN PARAGRAPH 4 ABOVE. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFO IN AT LEAST 5 LEASES. 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 CMPLIANCE. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFORMATION IN AT LEAST 5 LEASES. PURSUANT 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 STATEMENTS, AS WELL, AS DATES. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFO IN AT LEAST 5 LEASES.

Defendants (1)

• AZALEA PLACE APARTMENTS (SB)Named in complaintNamed in settlement

Facilities (1)

• AZALEA PLAZA APARTMENTS

  100 AZALEA PLACE, CARROLLTON, GA, 30117

  Registry ID: 110037080342

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• AZALEA PLACE APARTMENTSentered 2009-05-06

  Primary law: TSCA

  Federal penalty: $266 · SEP: $4,437

Timeline (4 milestones)

• 2009-05-05Complaint Filed/Proposed Order
• 2009-05-06Enforcement Action Data Entered
• 2009-05-06Final Order Issued
• 2009-05-22Enforcement Action Closed