EPA v. HAMMERSMITH PROPERTIES, LLC

Case summary

5/26/2011 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $385. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: BASED ON INFORMATION OBTAINED BY EPA ON OR ABOUT MARCH 20, 201, RELATING TO RESPONDENT'S CONTRACTS TO LEASE ITS TARGET HOUSING DESCRIBED ABOVE, EPA ALLEGES THAT RESPONDENT VIOLATED SECTION 409 OF TSCA AND 40 C.F.R. PART 745, SUBPART F AS FOLLOWS: A) PURSUANT TO 40 C.F.R. SECTION 745.107(a)(1), A LESSOR SHALL PROVIDE THE LESSEE AN EPA-APPROVED LEAD HAZARD INFORMATION PAMPHLET BEFORE THE LESSEE IS OBLIGATED UNDER ANY CONTRACT TO LEASE TARGET HOUSING. RESPONDENT FAILED TO PROVIDE LESSEES AN EPA-APPROVED PAMPHLET. B) PURSUANT TO 40 C.F.R. SECTION 745.113(b)(1), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE, AS AN ATTACHMENT TO, OR WITHIN, THE CONTRACT, A LEAD-WARNING STATEMENT . RESPONDENT FAILED TO INCLUDE THEE REQUIRED LEAD-WARNING STATEMENT . C) PURSUANT TO 40 C.F.R. SECTION 745.113(b)(2), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE, AS AN ATTACHMENT TO, OR WITHIN, THE CONTRACT, A STATEMENT DISCLOSING THE PRESENCE OF KNOWN LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING BEING LEASED 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. D) PURSUANT TO 40 C.F.R. SECTION 745.113(b)(3), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE, AS AN ATTACHMENT TO, OR WITHIN, THE CONTRACT, A LIST OF ANY RECORDS OR REPORTS AVAILABLE TO THE LESSOR PERTAINING TO LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE HOUSING THAT HAVE BEEN PROVIDED TO THE LESSEE, OR AN INDICATION THAT NO SUCH RECORDS OR REPORTS ARE AVAILABLE. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFORMATION.

Defendants (1)

• HAMMERSMITH PROPERTIES, LLCNamed in complaintNamed in settlement

Facilities (1)

• HAMMERSMITH PROPERTIES, LLC

  730 MT PARAN ROAD N W, ATLANTA, GA, 30327

  Registry ID: 110038434655

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• HAMMERSMITH PROPERTIES, LLCentered 2011-05-26

  Primary law: TSCA

  Federal penalty: $385

Timeline (4 milestones)

• 2011-05-26Complaint Filed/Proposed Order
• 2011-05-26Final Order Issued
• 2011-06-01Enforcement Action Data Entered
• 2011-06-07Enforcement Action Closed