EPA v. CONTINENTAL SQUARE APARTMENTS, LLC dba CONTINENTAL SQUARE APARTMENTS

Case summary

4/17/2012 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $14,966. EIGHT PAYMENTS WILL BE MADE TO COMPLETE PAYMENT OF THE PENALTY, INCLUDE INTEREST. THE FIRST PAYMENT IS DUE WITHIN 30 DAYS, AND SUBSEQUENT PAYMENTS WILL BE DUE IN 90-DAY INTERVALS THEREAFTER. ALLEGATIONS: BASED ON INFO OBTAINED BY EPA ON OR ABOUT FEB 11, 2010, RELATING TO RESPONDENT'S CONTRACTS TO LEASE ITS TARGET HOUSING, EPA ALLEGES THAT RESPONDENT VIOLATED TSCA 409 AND 40 CR 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 PAMPHLET IN AT LEAST ONE LEASE. B. 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 OT INCLUDE THE APPROPRIATE INFO IN AT LEAST ONE LEASE. C. PURSUANT TO 40 CFR 745.113(b)(5), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE A STATEMENT BY THE ONE OMR 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.

Defendants (1)

• CONTINENTAL SQUARE APARTMENTSNamed in complaintNamed in settlement

Facilities (1)

• CONTINENTAL SQUARE APARTMENTS

  1508 CONTINENTAL SQUARE DRIVE, LEXINGTON, KY, 40505

  Registry ID: 110041208948

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• CONTINENTAL SQUARE APARTMENTS, LLC dba CONTINENTAL SQUARE APARTMENTSentered 2012-04-17

  Primary law: TSCA

  Federal penalty: $14,966

Timeline (4 milestones)

• 2012-04-17Complaint Filed/Proposed Order
• 2012-04-17Final Order Issued
• 2012-05-08Enforcement Action Data Entered
• 2014-01-07Enforcement Action Closed