EPA v. DON SILLS ENTERPRISES

Case summary

6/23/2011 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $1,000. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: BASED ON INFORMATION OBTAINED BY EPA ON OR ABOUT MARCH 20, 2010, RELATING TO RESPONDENT'S CONTRACTS TO LEASE ITS TARGET HOUSING. EPA ALLEGES TAHT RESPONDENT VIOLATED SECTION 409 OF TSCA AND 40 C.F.R. PART 745, SUBPART F. A. PURSUANT TO 40 C.F.R. SECTION 745.1079a), 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 LESSEE AN EPA-APPROVED PAMPLET. B. PURSUANT TO 40 C.F.R. SECTION 745.113(b)(1), EACH CONTRACT TO LEASE TARGET HUSING SHALL INCLUDE, AS AN ATTACHMENT TO OR WITHIN THE CONTRACT, A LEAD-WARNING STATEMENT . RESPONDENT FAILED TO INCLUDE THE 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 LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS. RESPONDENT FAILED TO INCLUDEE 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 ANY RECORDS OR REPORTS AVAILABLE TO THE LESSOR PERTAINING TO LEAD-BASED AND/OR LEAD-BASED PAINT HAZARDS IN THE HOUSING THAT HAVE PROVIDED TO THE LESSEE, OR AN INDICATION THAT NO SUCH RECORDS OR REPORTS ARE AVAILABLE. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFORMATION.

Defendants (1)

• DON SILLS ENTERPRISESNamed in complaintNamed in settlement

Facilities (1)

• DON SILLS ENTERPRISES

  1726 S. QUINTARD, #B, ANNISTON, AL, 36201

  Registry ID: 110038431907

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• DON SILLS ENTERPRISESentered 2011-06-23

  Primary law: TSCA

  Federal penalty: $1,000

Timeline (3 milestones)

• 2011-06-23Complaint Filed/Proposed Order
• 2011-06-23Final Order Issued
• 2011-06-30Enforcement Action Data Entered