EPA v. PORTER PROPERTIES, LLC.

Case summary

5/29/2012 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $2,600. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: BASED ON INFORMATION OBTAINED BY THE EPA ON OR ABOUT APRIL 12, 2010, RELATING TO RESPONDENT'S CONTRACTS TO LEASE ITS TARGET HOUSING, THE EPA ALLEGES THAT RESPONDENT VIOLATED SECTION 409 OF TSCA. a. PURSUANT TO 40 CFR SECTION 745.107(a)(1), A LESSOR SHALL PROVIDE THE LESSEE(s) IS OBLIGATED UNDER ANY CONTRACT TO LEASE TARGET HOUSING. RESPONDENT FAILED TO PROVIDE LESSEE(s) AN EPA-APPROVED LEAD HAZARD INFORMATION PAMPHLET IN AT LEAST ONE LEASE. b. PURSUANT TO 40 CFR SECTION 745.107(a)(2), A LESSOR SHALL DISCLOSE TO THE LESSEE(s) 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(s) THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT IN AT LEAST ONE LEASE. c. PURSUANT TO 40 CFR SECTION 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. d. PURSUANT TO 40 CFR SECTION 745.107(a)(4), A LESSOR SHALL PROVIDE TO THE LESSEE(s) 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 TO THE LESSEE(s) ANY RECORDS OR REPORTS IN AT LEAST ONE LEASE. e. PURSUANT TO 40 CFR SECTION 745.113(b)(1), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE, AS AN ATTACHMENT TO OR WITHIN THE CONTRACT, THE LEAD WARNING STATEMENT. RESPONDENT FAILED TO INCLUDE AN APPROPRIATE STATEMENT IN AT LEAST ONE LEASE. f. PURSUANT TO 40 CFR SECTION 745.113(b)(2), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE, AS AN ATTACHMENT TO OR WITHIN THE CONTRACT, 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.

Defendants (1)

• PORTER PROPERTIES, LLC. (SB)Named in complaintNamed in settlement

Facilities (3)

• PORTER PROPERTIES, LLC - RESIDENTIAL PROPERTY

  1009 EAST MAGNOLIA AVENUE, AUBURN, AL, 36830

  Registry ID: 110046292695

• PORTER PROPERTIES, LLC - RESIDENTIAL PROPERTY

  1207 PIKE STREET, OPELIKA, AL, 36801

  Registry ID: 110046292702

• PORTER PROPERTIES LLC

  472 N DEAN ROAD SUITE 200, AUBURN, AL, 36831

  Registry ID: 110038434227

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• PORTER PROPERTIES, LLC.entered 2012-05-29

  Primary law: TSCA

  Federal penalty: $2,600

Timeline (4 milestones)

• 2012-05-29Final Order Issued
• 2012-05-29Complaint Filed/Proposed Order
• 2012-06-18Enforcement Action Data Entered
• 2012-06-21Enforcement Action Closed