EPA v. ELLERSON, BERLIN

Case summary

5/1/2009-CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $499.80. RESPONDENT ALSO AGREES TO COMPLETE A SEP. ALLEGATIONS: RESPONDENT IS A LESSOR OF RESIDENTIAL HOUSING LOCATED AT 703 OAK STREET, STARKE, FL 32091; 40 COTTAGE AVENUE #1, JACKSONVILLE, FL 32206; AND 44 COTTAGE AVENUE #2, JACKSONVILLE, FL 32206. BASED ON INFO OBTAINED BY EPA ON OR ABOUT JUNE 9, 2005, RELATING TO RESPONDENT'S CONTRACTS TO LEASE ITS TARGET HOUSING DESCRIBED ABOVE, EPA ALLEGES THAT RESPONDENT VIOLATED TSCA SECTION 409 AND 40 CFR PART 745, SUBPART F, AS FOLLOWS: 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 3 LEASES. 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 STATEMENT. RESPONDENT FAILED TO INCLUDE APPROPRIATE STATEMENT IN AT LEAST 3 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 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 3 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 3 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 THE PARAGRAPH ABOVE. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFO IN AT LEAST 3 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 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 3 LEASES. 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 3 LEASES.

Defendants (1)

• ELLERSON, BERLINNamed in complaintNamed in settlement

Facilities (1)

• ELLERSON, BERLIN

  3230 NW 18TH STREET, FORT LAUDERDALE, FL, 33511

  Registry ID: 110022538832

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• ELLERSON, BERLINentered 2009-05-01

  Primary law: TSCA

  Federal penalty: $500 · SEP: $350

Timeline (4 milestones)

• 2009-05-01Final Order Issued
• 2009-05-01Complaint Filed/Proposed Order
• 2009-05-14Enforcement Action Closed
• 2009-06-23Enforcement Action Data Entered