EPA v. MCGINNIS, WILLIAM AND MCGINNIS, TINA

Case summary

6/5/2012 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $1,000. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER STATES: BASED ON INFORMATION OBTAINED BY THE EPA ON OR ABOUT DECEMBER 12, 2011, RELATING TO RESPONDENT'S CONTRACTS TO LEASE TARGET HOUSING. EPA ALLEGES THAT RESPONDENT VIOLATED SECTION 409 OF TSCA AND 40 C.F.R. PART 745, SUBPART F AS FOLLOWS: a. 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 LEAD HAZRD INFORMATION PAMPHLET IN AT AT LEAST ONE LEASE. b. PURSUANT TO 40 C.F.R. 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 C.F.R. SECTION 745.107(a)(3), A LESSOR SHALL DISLOSE 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 LEASE ONE LEASE. d. PURSUANT TO 40 C.F.R. 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.

Defendants (2)

• MCGINNIS, WILLIAM (SB)Named in complaintNamed in settlement
• MCGINNIS, TINA (SB)Named in complaintNamed in settlement

Facilities (1)

• WILIAM H AND TINA K. MCGINNIS - RESIDENTIAL HOME

  1226 HARMONY LANE (104 NORFOLK DRIVE), KNOXVILLE, TN, 37922

  Registry ID: 110044867276

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• MCGINNIS, WILLIAM AND MCGINNIS, TINAentered 2012-06-05

  Primary law: TSCA

  Federal penalty: $1,000

Timeline (4 milestones)

• 2012-06-05Final Order Issued
• 2012-06-05Complaint Filed/Proposed Order
• 2012-06-13Enforcement Action Data Entered
• 2012-06-29Enforcement Action Closed