EPA v. OKATIBBEE RIDGE APARTMENTS

Case summary

7/1/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $44,000. RESPONDENT WILL MAKE TWELVE QUARTERLY INSTALLMENT PAYMENTS. THE FIRST PAYMENT OF $3,726.52 IS DUE WITHIN THIRTY DAYS. THE LAST PAYMENT IS DUE WITHIN 1,020 DAYS. ORDER ALLEGES: BASED ON INFORMATION OBTAINED BY EPA ON OR ABOUT JANUARY 17, 2008, RELATING TO RESPONDENT'S CONTRACTS TO LEASE ITS TARGET HOUSING. PURSUANT TO 40 CFR SECTION 745.1079a)(1),A LESSOR SHALL PROVIDE THE LESSEE AN EPA-APPROVED LEAD HZARD INFORMATION 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. PURSUANT TO 40 CFR SECTION 745.107(a)(2), A LESSOR SHALL DISCLOSE TO THE LESSEE THE PRESENCE OF ANY KNOW LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING. RESPONDENT FAILED TO DISCLOSE TO THE LESSEE THE PRSENCE OF ANY KNOWN LEAD-BASED PAINT IN AT LEAST FIVE LEASES. PURSUANT TO 40 CFR SECTION 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 RECORES OR REPORTS PERTAIING TO LEAD-BASED PAINT. RESPONDENT FAILED TO DISCLOSED TOTHE AGENT THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT AND THE EXISTENCE OF ANY RECORDS OR REPORTS IN AT LEAST FIVE LEASES. PURSUANT TO 40 CFR SECTION 745.107(a)(4), A LESSOR SHALL PROVIDE TO THE LESSEE ANY RECORDS OR REPORTS AVAILALE TO THE LESSOR PERTAINING TO LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING. RESPONDENT FAILED TO PROVIDE TO THE LESSEE ANY RECORDS OR REPORTS IN AT LEAST FIVE LEASES. PURSUANT TO 40 CFR SECTION 745.113(b)(1), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE, AS AN ATTACHMENT TO OR WITHIN THE CONTRACT, THE LEAD WARNING STATEMENT. RESPONDENT FAILED TO INCLUDE AN APPROPRIATE STATEMENT IN AT LEAST FIVE LEASES.

Defendants (1)

• OKATIBBEE RIDGE APARTMENTS (SB)Named in complaintNamed in settlement

Facilities (1)

• OKATIBBEE RIDGE APARTMENTS

  1719 HWY 19 NORTH, MERIDIAN, MS, 39307

  Registry ID: 110014411181

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• OKATIBBEE RIDGE APARTMENTSentered 2010-07-01

  Primary law: TSCA

  Federal penalty: $44,000

Timeline (4 milestones)

• 2010-07-01Complaint Filed/Proposed Order
• 2010-07-01Enforcement Action Data Entered
• 2010-07-01Final Order Issued
• 2013-05-06Enforcement Action Closed