EPA v. JOHN RICE, LLC

Case summary

5/25/12 - COMPLAINT FILED. AT ALL TIMES RELEVANT TO THIS MATTER, RESPONDENT WAS A LESSOR OF RESIDENTIAL PROPERTIES LOCATED AT 215-B SAMFORD AVENUE, OPELIKA, AL; 1827 1ST AVENUE, OPELIKA, AL; 104 14TH STREET, OPELIKA, AL; AND 4006 US HWY 29N, OPELIKA, AL. THE RESIDENTIAL PROPERTIES WERE CONSTRUCTED PRIOR TO 1978. ALLEGATIONS: RESPONDENT ENTERED INTO FOUR LEASES OF THE RESIDENTIAL PROPERTIES. COUNTS 1-4: FAILURE TO PROVIDE LESSEES WITH EPA-APPROVED LEAD HAZARD INFO PAMPHLET. AT THE TIME THAT RESPONDENT ENTERED INTO THE FOUR LEASES, RESPONDENT DID NOT PROVIDE THE LESSEES WITH AN EPA-APPROVED LEAD HAZARD IFO PAMPHLET AS REQUIRED BY 40 CFR 745.107(a)(1). COUNTS 5-8: FAILURE TO INCLUDE LEAD WARNING STATEMENT AS AN ATTCHMENT TO OR WITHIN LEASE. AT THE TIMES THAT RESPONDENT ENTERED INTO THE FOUR LEASES, RESPONDENT DID NOT INCLUDE AS AN ATTACHMENT TO THE LEASES OR WITHIN THE LEASES A LEAD WARNING STATEMENT CONTAINING LANGUAGE PROVIDED IN 40 CFR 745.113(b)(1) AS REQUIRED 40 CR 745.113(b)(1). COUNTS 10-13: FAILURE TO INCLUDE STATEMENT DISCLOSING PRESENCE OF LEAD-BASED PAINT AND/OR HAZARDS OR INDICATING NO KNOWLEDGE. AT THE TIMES THAT RESPONDENT ENTERED INTO THE FOUR LEASES, RESPONDNET FAILED TO INCLUDE IN THE LEASES A STATEMENT BY RESPONDENT DISCLOSING THE PRESENCE OF KNOWN LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE UNITS BEING LEASED OR INDICATING NO KNOWLEDGE OF THE PRESENCE OF LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS, AS REQUIRED BY 40 CFR 745.113(b)(2). COUNTS 15-18: FAILURE TO INCLUDE LIST OF LEAD-BASED PAINT AND/OR HAZARD RECORDS OR INDICATE NO RECORDS AVAILABLE. AT THE TIMES THE RESPONDENT ENTERED INTO THE FOUR LEASES, RESPONDENT FAILED TO INCLUDE IN THE LEASES A LIST OF ANY RECORDS OR REPORTS AVAILABLE TO RESPONDENT PERTAINING TO LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE UNITS THAT HAD BEEN PROVIDED TO THE LESSEE OR INDICATE THAT NO SUCH RECORDS OR REPORTS ARE AVAILABLE, AS REQUIRED BY 40 CFR 745.113(b)(3). COUNTS 20-23: FAILURE TO INCLUDE STATEMENT AFFIRMING RECEIPT OF INFORMATION IN 40 CFR 745.113(b)(2) AND (3) LEAD HAZARD INFORMATION PAMPHLET. AT THE TIMES THAT RESPONDENT ENTERED INTO THE FOUR LEASES, RESPONDENT FAILED TO INCLUDE IN THE LEASES A STATEMENT BY THE LESSEE AFFIRMING RECEIPT OF TH EINFO SET FORTH IN 40 CFR 745.113(b)(2) AND (3) AND THE LEAD HAZARD INFO PAMPHLET REQUIRED UNDER 15 USC 2696 AS REQUIRED BY 40 CFR 745.113(b)(4). COUNTS 25-28: FAILURE TO INCLUDE LESSOR AND LESSEE SIGNATURES CERTIFYING ACCURACY OF STATEMENTS AND DATES OF SIGNATURES. AT THE TIMES THAT RESPONDENT ENTERED INTO THE FOUR LEASES, RESPONDENT DID NOT INCLUDE THE SIGNATURES OF RESPONDENT AND THE LESSEE CERTIFYING TO THE ACCURACY OF THEIR STATEMENTS, TO THE BEST OF THEIR KNOWLEDGE, ALONG WITH THE DATES OF SIGNATURE, AS REQUIRED BY 40 CFR 745.113(b)(6). 1/20/15 - INITIAL DECISION AND DEFAULT ORDER ISSUED, ASSESSING A PENALTY OF $42,320 DUE WITHIN 30 DAYS.

Defendants (1)

• JOHN RICE, LLCNamed in complaintNamed in settlement

Facilities (1)

• JOHN RICE LLC

  930 AVENUE A, OPELIKA, AL, 36801

  Registry ID: 110038395091

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• JOHN RICE, LLCentered 2015-01-20

  Primary law: TSCA

  Federal penalty: $42,320

Timeline (3 milestones)

• 2012-05-25Complaint Filed/Proposed Order
• 2012-06-06Enforcement Action Data Entered
• 2015-01-20Final Order Issued