EPA v. ARBICO-JAX 1, LLC dba ARBOR PLACE APARTMENTS

Case summary

2/28/12 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $548.50, DUE WITHIN 30 DAYS. ALLEGATIONS: BASED ON INFO OBTAINED BY EPA ON OR ABOUT MAR 17, 2009, RELATING TO RESPONDENTS 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 745.107(a)(1), A 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 TO PROVIDE LESSEE AN EPA-APPROVED LEAD HAZARD INFO PAMPHLET IN AT LEAST ONE LEASE. B. PURSUANT TO 40 CFR 745.113(b)(1), EACH CONTRCT TO LEASE TARGET HOUSING SHALL INCLUDE THE LEAD WARNING STATEMENT. RESPONDENT FAILED TO INCLUDE AN APPROPRIATE STATEMENT IN AT LEAST ONE LEASE. C. PURSUANT TO 40 CFR 745.113(b)(2), EACH CONTRACT TO LEASE 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 LEAST. D. 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 APPRPRIATE INFO IN AT LEAST ONE LEASE. E. PURSUANT TO 40 CFR 745.113(b)(4), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE IN THE CONRACT FOR LEASE A STATEMENT BY THE LESSEE AFFIRMING RECEIPT OF THE INFO. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFO IN AN LEAST ONE LEASE. F. PURSUANT TO 40 CFR 745.113(b)(5), EACH CONTRACT TO LEASE TARGET 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. G. 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)

• ARBICO-JAX 1, LLC (SB)Named in complaintNamed in settlement
• ARBOR PLACE APARTMENTS (SB)Named in complaintNamed in settlement

Facilities (1)

• ARBOR PLACE APARTMENTS

  5800 BARNES ROAD, JACKSONVILLE, FL, 32216

  Registry ID: 110038392263

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• ARBICO-JAX 1, LLC dba ARBOR PLACE APARTMENTSentered 2012-02-28

  Primary law: TSCA

  Federal penalty: $549

Timeline (4 milestones)

• 2012-02-28Complaint Filed/Proposed Order
• 2012-02-28Final Order Issued
• 2012-03-08Enforcement Action Data Entered
• 2012-03-30Enforcement Action Closed