EPA v. ALABAMA REALTY, LLC

Case summary

12/21/11 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $2618, DUE WITHIN 30 DAYS. ALLEGATIONS: PURSUANT TO 40 CFR 745.107(a)(3), A SELLER 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 ONE CONTRACT. PURSUANT TO 40 CFR 745.113(a)(2), EACH CONTRACT FOR TARGET HOUSING SHALL INCLUDEE A STATEMENT DISCLOSING THE PRESENCE OF KNOWN LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING BEING SOLD, 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 ONE CONTRACT. PURSUANT TO 40 CFR 745.113(a)(3), EACH CONTRACT FOR TARGET HOUSING SHALL INCLUDE A LIST OF ANY RECORDS OR REPORTS AVAILABLE TO THE PURCHASER 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 CONTRACT. PURSUANT TO 40 CFR 745.113(c)(1), AN AGENT SHALL RETAIN A COPY OF THE COMPLETED DISCLOSURE RECORDS FOR NO LESS THAN 3 YRS FROM THE COMPLETION DATE OF THE CONTRACT. RESPONDENT FAILED TO RETAIN A CPOY OF THE COMPLETED DISCLOSURE RECORDS.

Defendants (1)

• ALABAMA REALTY LLC (SB)Named in complaintNamed in settlement

Facilities (1)

• ALABAMA REALTY LLC

  210 LEMOYNE DRIVE, DAUPHIN ISLAND, AL, 36528

  Registry ID: 110041204871

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• ALABAMA REALTY, LLCentered 2011-12-21

  Primary law: TSCA

  Federal penalty: $2,618

Timeline (4 milestones)

• 2011-12-21Enforcement Action Data Entered
• 2011-12-21Complaint Filed/Proposed Order
• 2011-12-21Final Order Issued
• 2012-01-19Enforcement Action Closed