EPA v. MULLIS AND GRIFFIN PROPERTIES, D/B/A NORTH NAPIER APARTMENTS

Case summary

9/22/2009 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $1,131.20. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. RESPONDENT ALSO AGREES TO COMPLETE A SEP. 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 TWO LEASES. B. PURSUANT TO 40 CFR SECTION 745.107(a)(2), A LESSOR SHALL DISCLOSE TO THE LESSEE THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING. RESPONDENT FAILED TO DISCLOSE TO THE LESSEE THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT IN AT LEAST TWO LEASES. C. PURSUANT TO 40 CFR SECTION 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 ONE LEASE. D. PURSUANT TO 40 CFR SECTION 745.107(a)(4), 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 ONE LEASE. E. 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. F. 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-BASED PAINT HAZARDS IN THE TARGET HOUSING BEING LEASED, OR A STATEMENT INDICATING NO KNOWLEGE 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. G. PURSUANT TO 40 CFR SECTION 745.113(b)(3), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUE, 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 INFORMAITON IN AT LEAST ONE LEASE. H. PURSUANT 40 CFR SECTION 745.113(b)(4), EACH CONTRACT FOR LEASE, A STATEMENT BY THE LESSEE AFFIRMING RECEIPT OF THE INFORMATION REQUIRED BY 40 CFR SECTION 745.113(b)(2) AND (b)(3), AND THE LEAD HAZARD PAMPHLET REQUIRED UNDER 15 U.S.C. SECTION 2696. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFORMATION IN AT LEAST ONE LEASE. I. PURSUANT 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 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 INFORMATION IN AT LEAST ONE LEASE. J. PURSUANT 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 STATEMENTS, AS WELL AS THE DATES OF SIGNATURE. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFORMATION IN AT LEAST ONE LEASE.

Defendants (2)

• MULLIS & GRIFFIN PROPERTIES (SB)Named in complaintNamed in settlement
• NAPIER APARTMENTS (SB)Named in complaintNamed in settlement

Facilities (1)

• NORTH NAPIER APARTMENTS

  4017 NAPIER AVENUE, 16-B, MACON, GA, 31204

  Registry ID: 110030907865

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• MULLIS AND GRIFFIN PROPERTIES, D/B/A NORTH NAPIER APARTMENTSentered 2009-09-22

  Primary law: TSCA

  Federal penalty: $1,311 · SEP: $11,000

Timeline (4 milestones)

• 2009-09-22Enforcement Action Data Entered
• 2009-09-22Final Order Issued
• 2009-09-22Complaint Filed/Proposed Order
• 2010-02-19Enforcement Action Closed