EPA v. SEEPERSAUD & NEPHEW APARTMENTS & REAL ESTATE

Case summary

1/8/10 - CONSENT AGREEMENT AND FINAL ORDER, ASSESSING A PENALTY OF $206.25. RESPONDENT ALSO AGREES TO COMPLETE A SEP. SPECIFIC ALLEGATIONS: A. 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 FIVE LEASES. B. PURSUANT TO 40 CFR 745.113(b)(1), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE THE LEAD WARNING STATEMENT. RESPONDENT FAILED TO INCLUDE AN APPROPRIATE STATEMENT IN AT LEAST 5 LEASES. C. PURSUANT TO 40 CFR 745.113(b)(2), EACH CONTRACT TO LEAST TARGET HOUSING SHALL INCLUDE 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 5 LEASES. D. PURSUANT TO 40 CFR 745.113(b)(3), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE A LIST OF NAY 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 IN AT LEAST 5 LEASES. E. 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 PARA D ABOVE. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFO IN AT LEAST 5 LEASES. F. PURSUANT TO 40 CFR 745.113(b)(5), EACH CONTRACT TO LEAST TARGET HOUSING SHALL INCLUDE 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 INFO IN AT LEAST 5 LEASES. G. PURSUANT TO 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)

• SEEPERSAUD & NEPHEW APARTMENTS AND REAL ESTATENamed in complaintNamed in settlement

Facilities (1)

• SEEPERSAUD & NEPHEW APT & REAL

  4071 BRITT DRIVE, MACON, GA, 31204-2100

  Registry ID: 110032601094

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• SEEPERSAUD & NEPHEW APARTMENTS & REAL ESTATEentered 2010-01-08

  Primary law: TSCA

  Federal penalty: $206 · SEP: $5,361

Timeline (4 milestones)

• 2010-01-08Complaint Filed/Proposed Order
• 2010-01-08Final Order Issued
• 2010-01-08Enforcement Action Closed
• 2010-01-20Enforcement Action Data Entered