EPA v. MISSION GALLERIA LEASE CO., LLC D/B/A MISSION GALLERIA APTS.

Case summary

2/28/2012 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $2,227. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: BASED ON INFORMATION OBTAINED BY EPA ON OR ABOUT JULY 14, 2010, RELATING TO RESPONDENT'S CONTRACTS TO LEASE ITS TARGET HOUSING. a. PURSUANT TO 40 CFR SECTION 745.107(a), A LESSOR SHALL PROVIDE THE LESSEE AN EPA-APPROVED LEAD HAZARD INFORMATION PAMPHLLET 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 40 CFR SECTION 745.113(b)(3), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE, AS AN ATTACHMENT TO OR WITHIN THE CONTRACT, A LIST OF ANY RECORDS OR REPORTS AVAILABLE TO THE LESSOR THAT PERTAIN TO LEAD HAZARD INFORMATION, OR AN INDICATION THAT NO SUCH LIST EXISTS. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFORMATION IN AT LEAST ONE LEASE. c. PURSUANT TO 40 CFR SECTION 745.113(b)(4), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE IN THE CONTRACT FOR LEASE A STATEMENT BY THE LESSEE AFFIRMING RECEIPT OF THE INFORMATION. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFORMATION IN AT LEAST ONE LEASE. d. PURSUANT TO 40 CFR SECTION 745.113(b)(5), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE, AS AN ATTACHMENT TO OR WITHIN THE CONTRACT, A STATEMENT BY THE ONE OR MORE AGENTS INVOLVED IN THE TRANSACTION TO LEASE TARGET HOUSING THAT THE AGENT(s) HAS INFORMED THE LESSOR OF THE LESSOR'S OBLIGATIONS AND THAT THE AGENT(s) IS AWARE OF HIS DUTY TO ENSURE COMPLIANCE. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFORMATION IN AT LEAST ONE LEASE. e. PURSUANT TO 40 CFR SECTION 745.113(b)(6), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE IN THE CONTRACT FOR LEASE SIGNATURES OF THE LESSOR, AGENT, AND LESSEE(s) CERTIFYING TO THE ACCURACY OF THEIR SIGNATURES, AS WELL AS DATES. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFORMATION IN AT LEAST ONE LEASE.

Defendants (2)

• MISSION GALLERIA LEASE COMPANY, LLC (SB)Named in complaintNamed in settlement
• MISSION GALLERIA APARTMENTS (SB)Named in complaintNamed in settlement

Facilities (1)

• MISSION GALLERIA

  5000 S. LINCOLN TRACE AVE., SMYRNA, GA, 30080

  Registry ID: 110041882308

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• MISSION GALLERIA LEASE CO., LLC D/B/A MISSION GALLERIA APTS.entered 2012-02-28

  Primary law: TSCA

  Federal penalty: $2,227

Timeline (4 milestones)

• 2012-02-28Final Order Issued
• 2012-02-28Complaint Filed/Proposed Order
• 2012-03-07Enforcement Action Data Entered
• 2012-05-02Enforcement Action Closed