EPA v. EMERALD POINTE APARTMENTS

Case summary

5/13/10 - CONSENT AGMT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $2,888, DUE WITHIN 30 DAYS. ALLEGATIONS: RESPONDENT IS A LESSOR OF RESIDENTIAL HOUSING LOCATED AT 2108 EMERALD POINTE DRIVE #5, VESTAVIA HILLS, AL. BASED ON INFO OBTAINED BY EPA ON OR ABOUT MARCH 21, 2009, RELATING TO RESPONDENT'S CONTRACTS TO LEASE ITS TARGET HOUSING DESCRIBED ABOVE, EPA ALLEGES THAT RESPONDENT VIOLATED SEC 409 OF TSCA AND 40 CFR PART 745, SUBPART F AS FOLLOWS: A. 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 PROVIDE TO THE LESSEE ANY RECORDS OR REPORTS IN AT LEAST ONE LEASE. B. PURSUANT TO 40 CFR 745.113(b)(2), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE A STATEMENT DISCLOSING THE PRESENSE 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. 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 ONE LEASE.

Defendants (1)

• EMERALD POINTE APARTMENTS (SB)Named in complaintNamed in settlement

Facilities (1)

• EMERALD POINTE APARTMENTS

  2100 EMERALD POINTE DRIVE, VESTAVIA HILLS, AL, 35216

  Registry ID: 110038395386

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• EMERALD POINTE APARTMENTSentered 2010-05-13

  Primary law: TSCA

  Federal penalty: $2,888

Timeline (4 milestones)

• 2010-05-13Final Order Issued
• 2010-05-13Complaint Filed/Proposed Order
• 2010-05-19Enforcement Action Data Entered
• 2010-05-27Enforcement Action Closed