EPA v. LAS COLINAS AT BROOK HOLLOW

Case summary

5/5/2011 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $3,880. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: BASED ON INFORMATION OBTAINED BY EPA ON OR ABOUT APRIL 15, 2010, RELATING TO RESPONDENT'S CONTRACTS TO LEASE ITS TARGET HOUSING AT 5651 BROOK HOLLOW PARKWAY, NORCROSS, GEORGIA, EPA ALLEGES THAT RESPONDENT VIOLATED SECTION 409 OF TSCA. 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 LESSEE AN EPA-APPROVED PAMPHLET IN AT LEAST ONE LEASE. B. PURSUANT TO 4O 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 OF ANY KNOWN LEAD-BASED PAINT IN AT LEAST ONE LEASE. C. PURSUANT TO 40 C.F.R. SECTION 745.107(a)(3), A LESSOR SHALL DISCLOSE TO EACH AGENT THE PRESENCE OF ANY KNOWN LEAD-BASE 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 OR ANY RECORDS OR REPORTS IN AT LEAST ONE LEASE. D. 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 OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING. RESPONDENT FAILED TO PROVIDE TO THE LESSEE ANY RECORDS OR REPORTS IN AT LEAST ONE LEASE.

Defendants (1)

• LAS COLINAS AT BROOK HOLLOW (SB)Named in complaintNamed in settlement

Facilities (1)

• LAS COLINAS AT BROOK HOLLOW

  5651 BROOK HOLLOW PARKWAY, NORCROSS, GA, 30071

  Registry ID: 110041210365

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• LAS COLINAS AT BROOK HOLLOWentered 2011-05-05

  Primary law: TSCA

  Federal penalty: $3,880

Timeline (4 milestones)

• 2011-05-05Complaint Filed/Proposed Order
• 2011-05-05Final Order Issued
• 2011-05-10Enforcement Action Data Entered
• 2011-05-12Enforcement Action Closed