EPA v. TAMARACK APARTMENTS

Case summary

8/3/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $2,200. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: RESPONDENT FAILED TO PROVIDE TO THE LESSEE ANY RECORDS OR REPORTS IN AT LEAST FIVE LEASES. RESPONDENT FAILED TO INCLUDE AN APPROPRIATE STATEMENT INDICATED NO KNOWLEDGE OF THE PRESENCE OF LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN AT LEAST FIVE LEASES. RESPONDENT FAILED TO INCLUDE IN AT LEAST FIVE LEASES AN ATTACHMENT OR WITHIN THE CONTRACT, A LIST OF ANY RECORDS OR REPORTS PERTAINING TO LEAD HAZARD INFORMATION, OR AN INDICATION THAT NO SUCH LIST EXISTS. RESPONDENT FAILED TO INCLUDE IN AT LEAST FIVE LEASES A STATEMENT BY THE LESSEE AFFIRMING RECEIPT OF THE INFORMATION. RESPONDENT FAILED TO INCLUDE, AS AN ATTACHMENT TO OR WITHIN THE CONTRACT, 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 APPRORIATE INFORMATION IN AT LEAST FIVE LEASES. RESPONDENT FAILED TO 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 IN AT LEAST FIVE LEASES.

Defendants (1)

• TAMARRACK APARTMENTS (SB)Named in complaintNamed in settlement

Facilities (1)

• TAMARACK APARTMENTS

  1000 N DONAHUE DRIVE, AUBURN, AL, 36832

  Registry ID: 110038434218

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• TAMARACK APARTMENTSentered 2010-08-03

  Primary law: TSCA

  Federal penalty: $2,200

Timeline (4 milestones)

• 2010-08-03Final Order Issued
• 2010-08-03Complaint Filed/Proposed Order
• 2010-08-06Enforcement Action Data Entered
• 2010-08-27Enforcement Action Closed