EPA v. BROOKSIDE WEST, LLC

Case summary

4/6/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $13,020, PLUS INTEREST, WHICH IS TO BE PAID IN 8 QTRLY PAYMENTS OF $1,645.86, OVER TWO YEARS. THE FIRST PAYMENT IS DUE WITHING 30 DAYS AND SUBSEQUENT PAYMENTS ARE DUE IN 3 MONTH INTERVALS THEREAFTER. THE FINAL PAYMENT IS DUE WITHIN 660 DAYS OF FILING. SPECIFIC ALLEGATIONS: BASED ON INFO OBTAINED BY EPA ON OR ABOUT FEB 15, 2007, RELATING TO RESPONDENT'S CONTRACTS TO LEASE ITS TARGET HOUSING, EPA ALLEGES TAHT RESPONDENT VIOLATED TSCA SECTION 409 AND 40 CFR PART 745, SUBPART F AS FOLLOWS: A. 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 THREE LEASES. B. 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 THE LESSEE ANY RECORDS OR REPORTS IN AT LEAST THREE LEASES. C. 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 AT LEAST THREE LEASES. D. 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. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFO IN AT LEAST THREE LEASES. E. PURSUANT TO 40 CFR 745.113(b)(5), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE A STATEMENT BY THE ONE OR MORE AGENTS INVOLVED IN THE TRANSACTION TO LEASE TARGET HOUSING THAT THE AGENT HAS INFORMED THE LESSOR OF THE LESSOR'S OBLIGATIONS, AND THAT THE AGENT IS AWARE OF HIS DUTY TO ENSURE COMPLIANCE. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFO IN AT LEASE THREE LEASES.

Defendants (1)

• BROOKSIDE WEST, LLC (SB)Named in complaintNamed in settlement

Facilities (1)

• BROOKSIDE WEST

  420 BERCKMANS, AUGUSTA, GA, 30909

  Registry ID: 110030468303

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• BROOKSIDE WEST, LLCentered 2010-04-06

  Primary law: TSCA

  Federal penalty: $13,020

Timeline (4 milestones)

• 2010-04-06Final Order Issued
• 2010-04-06Complaint Filed/Proposed Order
• 2010-05-06Enforcement Action Data Entered
• 2012-01-31Enforcement Action Closed