EPA v. EDENBERRY APARTMENTS

Case summary

12/21/11 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF 41,130, DUE IN FOUR PAYMENTS. THE FIRST PAYMENT IS DUE WITHIN 30 DAYS. THE FINAL PAYMENT IS DUE WITHIN 300 DAYS. ALLEGATIONS: PURSUANT TO 40 CFR 745.107(a)(1), LESSOR SHALL PROVIDE THE LESSEE AN EPA-APPROVED LEAD HAZARD INFO PAMPHLET BEFORE THE LESSEE IS OBLIGATED UNDER ANY CONTRACT TO LEASE TARGET HOUSING. RESPONDENT FAILED OT PROVIDE LESSEE AN EPA-APPROVED PAMPHLET IN AT LEAST ONE LEASE. PURSUANT TO 40 CFR 745.107(a)(2), A LESSOR SHALL DISCLOSE TO THE LESSEE THE PRESENCE OF ANY KNOWN 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. PURSUANT TO 40 CFR 745.107(a)(3), A LESSOR 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 LEASE. PURSUANT TO 40 CFR 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 LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING. RESPONDENT FAILED TO PROVIDE ANY RECORDS OR REPORTS IN AT LEAST ONE LEASE. PURSUANT TO 40 CFR 745.113(b)(1), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE THE LEAD WARNING STATEMENT. RESPONDENT FAILED TO INCLUDE AN APPROPRIATE STATEMENT IN AT LEAST ONE LEASE. PURSUANT TO 40 CFR 745.113(b)(2), EACH CONTRACT TO LEAST TARGET HOUSING SHALL INCLUDE A STATEMENT DISCLOSING THE PRESENCE OF KNOWN LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING BEING LEASED, 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 LEASE. PURSUANT TO 40 CFR 745.113(b)(3), EACH CONTRACT TO LEASE 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. PURSUANT TO 40 CFR 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 INFO. RESPONDENT FAILED IN AT LEAST ONE LEASE. PURSUANT TO 40 CFR 734.113(c)(1), A LESSOR SHALL RETAIN A COPY OF THE COMPLETED DISCLOSURE RECORDS FOR NO LESS THAN 3 YRS FROM THE COMPLETION DATE OF THE LEASE. RESPONDENT FAILED TO RETAIN A COPY OF THE COMPLETED DISLOSURE RECORDS.

Defendants (1)

• EDENBERRY APARTMENTSNamed in complaintNamed in settlement

Facilities (1)

• EDENBERRY APARTMENTS

  408 OAKWOOD AVENUE, HUEYTOWN, AL, 35023

  Registry ID: 110038430490

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• EDENBERRY APARTMENTSentered 2011-12-21

  Primary law: TSCA

  Federal penalty: $1,130

Timeline (4 milestones)

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