EPA v. DAVID N. WICKER

Case summary

8/3/2012 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $500. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: PURSUANT TO 40 C.F.R. SECTION 745.107(a)(1), A LESSOR SHALL PROVIDE THE LESSEE(s) AN EPA-APPROVED LEAD HAZARD INFORMATION PAMPHLET BEFORE THE LESSEE(s) IS OBLIGATED UNDER ANY CONTRACT TO LEASE TARGET HOUSING. RESPONDENT FAILED TO PROVIDE LESSEE(s) AN EPA-APPROVED PAMPHLET IN AT LEAST ONE LEASE. PURSUANT TO 40 C.F.R. SECTION 745.107(a)(2), A LESSOR SHALL DISCLOSE 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. PURSUANT TO 40 C.F.R. SECTION 745.107(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 C.F.R. SECTION 745.107(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. PURSUANT TO 40 C.F.R. 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. PURSUANT TO 40 C.F.R. 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 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 THE APPROPRIATE STATEMENT IN AT LEAST ONE LEASE.

Defendants (1)

• DAVID N. WICKER (SB)Named in complaintNamed in settlement

Facilities (1)

• WICKER, DAVID N

  413 FARMING CREEK WAY, LEXINGTON, SC, 29072

  Registry ID: 110044868710

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• DAVID N. WICKERentered 2012-08-03

  Primary law: TSCA

  Federal penalty: $500

Timeline (4 milestones)

• 2012-08-03Complaint Filed/Proposed Order
• 2012-08-03Final Order Issued
• 2012-08-16Enforcement Action Data Entered
• 2012-08-30Enforcement Action Closed