EPA v. YOUNG AND YOUNG MANAGEMENT, LLC DBA ASHLEY TOWERS

Case summary

8/6/2009 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $2,310. RESPONDENT ALSO AGREES TO COMPLETE A SEP. ORDER ALLEGES: A. PURSUANT TO 40 CFR SECTION 745.107(a)(1), A LESSOR SHALL PROVIDE THE LESSEE AN EPA- APPROVED LEAD HAZARD INFORMAITON BEFORE THE LESSEE IS OBLIGATED UNDER ANY CONTRACT TO LEAST TARGET HOUSING. RESPONDENT FAILED TO PROVIDE LESSEE AN EPA-APPROVED PAMPHLET AT LEAST THREE LEASES. B. PURSUANT TO 40 CFR SECTION 745.113(b)(1), EACH CONTRACT TO LEAST TARGET HOUSING SHALL INCLUDE, AS AN ATTACHMENT OT OR WITHIN THE CONTRACT, THE LEAD WARNING STATEMENT. RESPONDENT FAILED TO INCLUDE AN APPRORIATE STATEMENT IN AT LEAST THREE LEASES. C. PURSUANT TO 40 CFR SECTIN 745.113(b)(2), EACH CONTRACT TO LEAST 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 IN THE TARGET HOUSING BEING LEASED, 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 A LEAST LEASES. D. PURSUANT TO 40 CFR SECTIN 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 APPRORIATE INFORMATION IN AT LEAST THREE LEASES. E. PURSUANT TO 40 CFR SECTION 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 INFORMATION REQUIRED BY 40 CFR SECTION 745.1139b0(2) AND (b0(3), AND THE LEAD HAZARD PAMPHLET REQUIRED 15 U.S.C SECTION 2696. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFORMATION IN AT LEAST THREE LEASES. 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 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 THREE LEASES. G. PURSUANT TO 40 CFR SECTION 745.113(b)(6), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE IN THE CONTRACT FOR LEAST 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 THREE LEASES.

Defendants (1)

• YOUNG AND YOUNG MGMT., LLC DBA ASHLEY TOWERS (SB)Named in complaintNamed in settlement

Facilities (1)

• ASHLEY TOWERS

  365 NEW STREET, MACON, GA, 31201-2065

  Registry ID: 110030464325

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• YOUNG AND YOUNG MANAGEMENT, LLC DBA ASHLEY TOWERSentered 2009-08-06

  Primary law: TSCA

  Federal penalty: $2,310 · SEP: $22,970

Timeline (4 milestones)

• 2009-08-06Final Order Issued
• 2009-08-06Complaint Filed/Proposed Order
• 2009-08-10Enforcement Action Data Entered
• 2009-08-27Enforcement Action Closed