EPA v. THOMPSON INVESTMENTS, LTD dba BELLEVUE ARMS APARTMENTS

Case summary

6/4/13 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $2,000, DUE WITHIN 30 DAYS. ALLEGATIONS: BASED ON INFO OBTAINED BY EPA ON OR ABOUT JUNE 11, 2010, RELATING TO RESPONDENT'S CONTRACTS TO LEASE IT TARGET HOUSING, EPA ALLEGES THAT RESPONDENT VIOLATED TSCA SEC 409 AND 40 CFR PART 745, SUBPART F AS FOLLOWS: A. PURSUANT TO 40 CFR 745.113(b)(2), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE 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. B. PURSUANT TO 40 CFR 745.113(b)(3), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE A LIST OF ANY RECORDS AVAILABLE TO THE LESSOR THAT PERTAIN TO LEAD HAZARD INFO OR AN INDICATION THAT NO SUCH LIST EXISTS. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFO IN AT LEAST ONE LEASE. C. 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 INFORMATION. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE FINO IN AT LEAST ONE LEASE. D. PURSUANT TO 40 CFR 745.113(b)(5), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUD3E A STATEMENT BY THE ONE OR 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. E. PURSUANT TO 40 CFR 745.113(b)(6), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE IN THE CONTRACT FOR LEASE SIGNATURES OF THE LESSOR, AGENT, AND LESSEE CERTIFYING TO THE ACCURACY OF THEIR STATEMENTS, AS WELL AS DATES. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFO IN AT LEAST ONE LEASE. F. PURSUANT TO 40 CFR 745.113(c)(1), A LESSOR SHALL RETAIN A COPY OF THE COMPLETED DISCLOSURE RECORDS FOR NO LESS THAN 3 YRS FROM THE COMPLETION DATE OF THE LEASE. RESPONDENT FAILED TO RETAIN A COPY OF THE COMPLETED DISCLOSURE RECORDS.

Defendants (2)

• THOMPSON INVESTMENTS, LTD (SB)Named in complaintNamed in settlement
• BELLEVUE ARMS APARTMENTS (SB)Named in complaintNamed in settlement

Facilities (1)

• BELLEVUE ARMS APARTMENTS

  815 BELLEVUE COURT, LOUISVILLE, KY, 40215

  Registry ID: 110041879116

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• THOMPSON INVESTMENTS, LTD dba BELLEVUE ARMS APARTMENTSentered 2013-06-04

  Primary law: TSCA

  Federal penalty: $2,000

Timeline (4 milestones)

• 2013-06-04Final Order Issued
• 2013-06-04Complaint Filed/Proposed Order
• 2013-06-10Enforcement Action Data Entered
• 2013-06-17Enforcement Action Closed