EPA v. MILES-NORTHLAKE, LLC dba HIGHLAND GLEN APARTMENTS

Case summary

6/23/09 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $607.42. RESPONDENT ALSO AGREES TO PERFORM A SEP. ALLEGATIONS: PURSUANT TO 40 CFR 745.107(a)(3), A LESSOR SHALL DISCLOSE TO EACH AGENT THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING AND THE EXISTENCE OF ANY AVAILABLE RECORDS OR REPORTS PERTAINING TO LEAD-BASED PAINT. RESPONDENT FAILED TO DISCLOSE TO THE AGENT THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT AND THE EXISTENCE OF ANY RECORDS OR REPORTS IN AT LEAST 9 LEASES. PURSUANT TO 40 CFR 745.107(a)(4) A LESSOR SHALL PROVIDE TO THE LESSEE ANY RECORDS OR REPORTS AVAILABLE TO THE LESSOR PERTAINING TO LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING. RESPONDENT FAILED TO PROVIDE TO THE LESSEE ANY RECORDS OR REPORTS IN AT LEAST 9 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 INFORMATION OR AN INDICATION THAT NO SUCH LIST EXISTS. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFO INA T LEAST 9 LEASES. 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 INFO REFERENCED ABOVE. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFO IN AT LEAST 9 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 9 LEASES.

Defendants (2)

• MILES-NORTHLAND, LLC (SB)Named in complaintNamed in settlement
• HIGHLAND GLEN APARTMENTS (SB)Named in complaintNamed in settlement

Facilities (1)

• HIGHLAND GLEN APARTMENTS

  3535 LAWRENCEVILLE HIGHWAY SUITE N6, TUCKER, GA, 30084

  Registry ID: 110028175604

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• MILES-NORTHLAKE, LLC dba HIGHLAND GLEN APARTMENTSentered 2009-06-23

  Primary law: TSCA

  Federal penalty: $607 · SEP: $7,500

Timeline (4 milestones)

• 2009-06-23Enforcement Action Closed
• 2009-06-23Complaint Filed/Proposed Order
• 2009-06-23Final Order Issued
• 2009-06-24Enforcement Action Data Entered