EPA v. BAKER APARTMENTS

Case summary

11/13/2014 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $12,000 DUE WITHIN 30 DAYS. ALLEGATIONS: BASED ON INFO OBTAINED BY EPA ON OR ABOUT NOV 8, 2011, RELATING TO RESPONDENT'S CONTRACTS TO LEASE ITS TARGET HOUSING, EPA ALLEGES 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 PRESENSE 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 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. 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 INFO. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFO IN AT LEAST ONE LEASE. D. PURSUANT TO 40 CFR 113(b)(6) EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE IN THE CONTRACT FOR LEASE SIGNATURES OF THE LESSOR, AGENT, AND LESSEE(S) CERTIFYING TO THE ACCURACY OF THEIR STATEMENTS, AS WELL AS DATES. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFO IN AT LEAST ONE LEASE.

Defendants (1)

• BAKER APARTMENTS (SB)Named in complaintNamed in settlement

Facilities (1)

• BAKER APARTMENTS

  97 SUBERTOWN ROAD, WHITMIRE, SC, 29178

  Registry ID: 110046310595

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• BAKER APARTMENTSentered 2014-11-13

  Primary law: TSCA

  Federal penalty: $12,000

Timeline (4 milestones)

• 2014-11-13Final Order Issued
• 2014-11-13Complaint Filed/Proposed Order
• 2014-11-25Enforcement Action Closed
• 2014-12-02Enforcement Action Data Entered