EPA v. MR. EMAD ALPHONSE

Case summary

8/11/2015 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $2,000. RESPONDENT SHALL MAKE TWO INSTALLMENT PAYMENTS. THE FIRST PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: BASED ON INFORMATION OBTAINED BY THE EPA ON OR ABOUT JUNE 18, 2014, RELATING TO RESPONDENT'S CONTRACTS TO LEASE ITS TARGET HOUSING. THE EPA ALLEGES THAT RESPONDENT VIOLATED SECTION 409 OF TSCA. PURSUANT TO 40 CFR 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 LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING BEING LEASED, OR A STATEMENT INDICATING NO KNOWLEDGE OF THE PRSENCE OF LEAD-PAINT AND/OR LEAD-BASED PAINT HAZARDS. RESPONDENT FAILED TO INCLUDE AN APPROPRIATE STATEMENT IN AT LEAST ONE LEASE. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFORMATION IN AT LEAST ONE LEASE. PURSUANT TO 40 CFR SECTION 745.113(b)(3), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE, AS AN ATTACHMENT TO OR WITHIN THE CONTRACT, A LIST OF ANY RECORDS OR REPORTS AVAILABLE TO THE LESSOR THAT PERTAIN TO LEAD HAZARD INFORMATION, OR AN INDICATION THAT NO SUCH LIST EXISTS. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFORMATION IN AT LEAST ONE LEASE. PURSUANT TO 40 CFR SECTION 745.113(b)(4) , EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE IN THE CONTRACT FOR LEASE A STATEMENT BY THE LESSEE(s) AFFIRMING RECEIPT OF THE INFORMATION. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFORMATION IN AT LEAST ONE LEASE. PURSUANT TO 40 CFR SECTION 745.113(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 INFORMATION IN AT LEAST ONE LEASE.

Defendants (1)

• MR. EMAD ALPHONSENamed in complaintNamed in settlement

Facilities (1)

• EMAD ALPHONSE

  104 ATLANTIC BEACH BOULEVARD, HARBOR BEACH, FL, 32937

  Registry ID: 110062629874

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• MR. EMAD ELPHONSEentered 2015-08-11

  Primary law: TSCA

  Federal penalty: $2,000

Timeline (4 milestones)

• 2015-08-11Complaint Filed/Proposed Order
• 2015-08-11Final Order Issued
• 2015-08-12Enforcement Action Data Entered
• 2015-09-30Enforcement Action Closed