EPA v. PRESTON CHASE APARTMENTS

Case summary

4/29/2010 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $7,224, DUE WITHIN 30 DAYS. SPECIFIC ALLEGATIONS: RESPONDENT IS A LESSOR OF RESIDENTIAL HOUSING HOUSING LOCATED AT 1034 FRANKLING ROAD, APT L-11, MARIETTA, GA. THIS RESIDENTIAL HOUSING IS TARGET HOUSING AS DEFINED AT 40 CFR 745.103. BASED ON INFO OBTAINED BY EPA ON OR ABOUT DEC 18, 2009, RELATING TO RESPONDENT'S CONTRACTS TO LEASE ITS TARGET HOUSING, EPA ALLEGEST THAT RESPONDENT VIOLATED TSCA SEC 409 AND 40 CFR PART 745, SUBPART F AS FOLLOWS: A. PURSUANT TO 40 CFR 745.113(b)(2), EACH CONTRACT TO LEASE 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 ONE LEASE. B. PURSUANT TO 40 CFR 745.113(b)(3), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE 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 AN LEAST ONE LEASE.

Defendants (1)

• PRESTON CHASE APARTMENTSNamed in complaintNamed in settlement

Facilities (1)

• PRESTON CHASE APARTMENTS

  1034 FRANKLIN ROAD, MARIETTA, GA, 30067

  Registry ID: 110040412817

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• PRESTON CHASE APARTMENTSentered 2010-04-29

  Primary law: TSCA

  Federal penalty: $7,224

Timeline (4 milestones)

• 2010-04-29Final Order Issued
• 2010-04-29Complaint Filed/Proposed Order
• 2010-05-06Enforcement Action Data Entered
• 2010-06-03Enforcement Action Closed