EPA v. TIMBERLINE PARTNERS, LLC dba TIMBERLINE WEST APARTMENTS

Case summary

12/8/2011 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $219. SPECIFIC ALLEGATIONS: BASED ON INFO OBTAINED BY EPA ON OR ABOUT MAR 12, 2009, RELATING TO RESPONDENT'S CONTRACTS TO LEASE ITS TARGET HOUSING, EPA ALLEGES THAT RESPONDENT VIOLATED TSCA SEC 309 AND 40 CFR PART 745, SUBPART F, AS FOLLOWS: A. PURSUANT TO 40 CFR 745.113(b)(3), EACH CONTRACT TO LEAST TARGET HOUSING SHALL INCLUDE A LIST OF ANY RECORDS OR REPORTS AVAILABLE TO THE LESSOR THAT PERTAIN TO LEAD HAZARD INFO, OR AN INDICATION THAT NO SUCH LIST EXISTS. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFO IN AT LEAST ONE LEASE. B. PURSUANT TO 40 CFR 745.113(b)(5), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE A STATEMENT BY THE ONE OR MORE AGENTS INVOLVED IN THE TRANSACTION TO LEASE TARGET HOUSING THAT THE AGENT HAS INFORMED THE LESSOR OF THE LESSOR'S OBLIGATIONS AND THAT THE AGENT IS AWARE OF HIS DUTY TO ENSURE COMPLIANCE. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFO IN AT LEAST ONE LEASE. C. PURSUANT TO 40 CFR 745.113(b)(6), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE IN THE CONTRACT FOR LEASE SIGNATURES OF THE LESSOR, AGENT, AND LESSEE CERTIFYING TO THE ACCURACY OF THEIR STATEMENTS, AS WELL AS DATES. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFO IN AT LEAST ONE LEASE.

Defendants (2)

• TIMBERLINE PARTNERS, LLCNamed in complaintNamed in settlement
• TIMBERLINE WEST APARTMENTSNamed in complaintNamed in settlement

Facilities (1)

• TIMBERLINE WEST APARTMENTS

  1003 A TIMBERLINE WEST, BESSEMER, AL, 35022

  Registry ID: 110038394092

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• TIMBERLINE PARTNERS, LLC dba TIMBERLINE WEST APARTMENTSentered 2011-12-08

  Primary law: TSCA

  Federal penalty: $219

Timeline (4 milestones)

• 2011-12-08Final Order Issued
• 2011-12-08Enforcement Action Closed
• 2011-12-08Complaint Filed/Proposed Order
• 2011-12-29Enforcement Action Data Entered