EPA v. SHUCOM PROPERTIES

Case summary

01/06/2012 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $15,071 DUE WITHIN 30 DAYS. ALLEGATIONS: BASED ON INFO OBTAINED BY EPA ON OR ABOUT MARCH 18, 2009, RELATING TO RESPONDENT'S CONTRACTS TO LEASE ITS TARGET HOUSING, EPA ALLEGES THAT RESPONDENT VIOLATED TSCA 409 AND 40 CFR PART 745, SUBPART F, AS FOLLOWS: A. PURSUANT TO 40 CFR 745.113(b)(2), LESSOR IS TO INCLUDE A STATEMENT BY THE LESSOR DISCLOSING THE PRESENCE OF KNOWN LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS, OR INDICATING NO KNOWLEDGE OF THE PRESENCE OF LEAD-BASED PAINT AND/OR LEAD BASED PAINT HAZARDS. LESSOR FAILED TO INCLUDE SUCH STATEMENT AS AN ATTACHMENT OR WITHIN THE CONTRACT. B. PURSUANT TO 40 CFR 745.113(b)(3), LESSOR IS TO INCLUDE A LIST OF ANY RECORDS OR REPORTS AVAILABLE TO THE LESSOR THAT PERTAIN TO LEAD HAZARD INFO OR THE FAILURE TO INDICATE THAT NO SUCH LIST EXISTS. LESSOR FAILED TO PROVIDE AS AN ATTACHMENT OR WITHIN OR WITHIN THE CONTRACT A LIST OF RECORDS OR REPORTS PERTAINING TO LEAD HAZARD INFO OR TO INDICATE WHETHER OR NOT SUCH LIST EXISTS. C. PURSUANT 40 CFR 745.113(b)(2) AND (b)(3), LESSOR IS TO INCLUDE IN THE CONTRACT FOR LEASE A STATEMENT BY THE LESSEE AFFIRMING RECEIPT OF THE LEAD HAZARD PAMPHLET REQUIRED UNDER 15 USC 2696 AS SPECIFIED. LESSOR FAILED TO ACKNOWLEDGE THRU LESSEE'S INITIALS THE RECEIPT OF THE REQUIRED EPA LEAD-BASED HAZARD PAMPHLET.

Defendants (1)

• SHUCOM PROPERTIESNamed in complaintNamed in settlement

Facilities (1)

• SHUCOM PROPERTIES

  2650 DEAN ROAD, JACKSONVILLE, FL, 32216

  Registry ID: 110038433406

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• SHUCOM PROPERTIESentered 2012-01-06

  Primary law: TSCA

  Federal penalty: $15,071

Timeline (3 milestones)

• 2012-01-06Complaint Filed/Proposed Order
• 2012-01-06Final Order Issued
• 2012-01-12Enforcement Action Data Entered