EPA v. KINGSWOOD APARTMENTS

Case summary

3/29/2011 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $5,604. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: BASED ON INFORMATION OBTAINED BY EPA ON OR ABOUT FEBRUARY 23, 2010, RELATING RESPONDENT'S CONTRACT TO LEASE ITS TARGET HOUSING, EPA ALLEGES THAT RESPONDENT VIOLATED SECTION 409 OF TSCA. A. PURSUANT TO 40 C.F.R. 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 PRESENCE ANY KNOWN LEAD-BASED PAINT IN AT LEAST THREE LEASES. B. PURSUANT TO 40 C.F.R. 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 RECORDS OR REPORTS PERTAINING TO LEAD-BASED PAINT. RESPONDENT FAILED TO DISCLOSE TO THE AGENT THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT AND THE EXISTENCE OF ANY RECORDS OR REPORTS IN AT LEAST THREE LEASES. C. PURSUANT TO 40 C.F.R. SECTION 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 TO PROVIDE TO THE LESSEE ANY RECORDS OR REPORTS IN AT LEAST THREE LEASES. D. PURSUANT TO 40 C.F.R. SECTION 745.113(b)(2), EACH CONTRACT TO LEAST 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 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 THREE LEASES.

Defendants (1)

• KINGSWOOD APARTMENTSNamed in complaintNamed in settlement

Facilities (1)

• KINGSWOOD TOWNHOUSE

  5453 OLD SHELL ROAD, MOBILE, AL, 36608

  Registry ID: 110041207057

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• KINGSWOOD APARTMENTSentered 2011-03-29

  Primary law: TSCA

  Federal penalty: $5,604

Timeline (4 milestones)

• 2011-03-29Complaint Filed/Proposed Order
• 2011-03-29Final Order Issued
• 2011-04-06Enforcement Action Data Entered
• 2011-04-26Enforcement Action Closed