EPA v. HILLWOOD VILLAS, LLC dba HILLWOOD VILLAS 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 MAY 12, 2010, RELATING TO RESPONDENT'S CONTRACTS TO LEASE ITS TARGET HOUSING, EPA ALLEGES RESPONDENT VIOLATED TSCA SECTION 409 AND 40 CFR PART 745, SUBPART F AS FOLLOWS: A. PURSUANT TO 40 CFR 745,107(a)(1), A LESSOR SHALL PROVIDE THE LESSEE AN EPA-APPROVED LEAD HAZARD INFO PAMPHLET BEFORE THE LESSEE IS OBLIGATED UNDER ANY CONTRACT TO LEASE TARGET HOUSING. RESPONDENT FAILED TO PROVIDE LESSEE LESSEE AN EPA-APPROVED LEAD HAZARD INFO PAMPHLET IN AT LEAST ONE LEASE. B. PURSUANT TO 40 CFR 745.107(a)(2), A LESSOR SHALL DISCLOSE TO THE LESSEE 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 THE PRESENCE OF NAY KNOWN LEAD-BASED PAINT IN AT LEAST ONE LEASE. C. PURSUANT TO 40 CFR 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 745.107(a)(4), A LESSOR SHALL PROVIDE TO THE LESSEE 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 ANY RECORDS IN AT LEAST ONE LEASE. E. PURSUANT TO 40 CFR 745.113(b)(1), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLDUE THE LEAD WARNING STATEMENT. RESPONDENT FAILED TO INCLUDE AN APPROPRIATE STATEMENT IN AT LEAST ONE LEASE. F. 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 INLCUDE AN APPROPRIATE STATEMENT IN AT LEAST ONE LEASE. G. PURSUANT TO 40 CFR 745.113(b)(3), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE A LIST OF ANY RECORDS OR REPORTS 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. H. 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 INFO. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFO IN AT LEAST ONE LEASE. I. PURSUANT TO 40 CFR 745.113(b)(5), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE 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. J. 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. K. 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 OFTHE LEASE. RESPONDENT FAILED TO RETAIN A COPY OF THE COMPLETED DISCLOSURE RECORDS.

Defendants (2)

• HILLWOOD VILLA, LLC (SB)Named in complaintNamed in settlement
• HILLWOOD VILLA APARTMENTS (SB)Named in complaintNamed in settlement

Facilities (1)

• HILLWOOD VILLA APARTMENTS

  1642 HILLWOOD DRIVE, KNOXVILLE, TN, 37920

  Registry ID: 110041875147

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• HILLWOOD VILLAS, LLC dba HILLWOOD VILLAS APARTMENTSentered 2013-06-04

  Primary law: TSCA

  Federal penalty: $2,000

Timeline (4 milestones)

• 2013-06-04Complaint Filed/Proposed Order
• 2013-06-04Final Order Issued
• 2013-06-10Enforcement Action Data Entered
• 2013-08-05Enforcement Action Closed