EPA v. ELLIS BARBOUR & SONS, INC.

Case summary

9-25-18 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $1,428, DUE WITHIN 30 DAYS. ALLEGATIONS: BASED ON INFO OBTAINED BY EPA ON OR ABOUT JULY 5, 2018, RELATING TO RESPONDENT'S CONTRACT TO SELL ITS TARGET HOUSING, EPA ALLEGES THAT RESPONDENT VIOLATED TSCA 409 AND 40 CFR PART 745, SUBPART F, AS FOLLOWS: A. RESPONDENT FAILED TO PERMIT THE PURCHASER A 10-DAY PERIOD TO CONDUCT A RISK ASSESSMENT OR INSPECTION FOR THE PRESENCE OF LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS OR TO OBTAIN THE PURCHASER'S WAIVER OF SUCH OPPORTUNITY IN WRITING PURSUANT TO 40 CFR 745.110(a); AND B. RESPONDENT FAILED TO INCLUDE, AS AN ATTACHMENT TO A CONTRACT TO PURCHASE TARGET HOUSING, A STATEMENT BY THE PURCHASER AFFIRMING RECEIPT OF THE INFO REQUIRED BY 40 CFR 745.113(a)(2) AND (a)(3) AND THE LEAD HAZARD PAMPHLET AS SPECIFIED IN 40 CFR 745.113(a)(4).

Defendants (1)

• ELLIS BARBOUR & SONS, INC.Named in complaintNamed in settlement

Facilities (2)

• PRIVATE RESIDENCE

  302 NORTH 10TH STREET, ERWIN, NC, 28339

  Registry ID: 110070377814

• ELLIS BARBOUR & SONS, INC.

  1302 WEST CUMBERLAND STREET, DUNN, NC, 28335

  Registry ID: 110070377820

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• ELLIS BARBOUR & SONS, INC.entered 2018-09-25

  Primary law: TSCA

  Federal penalty: $1,428

Timeline (4 milestones)

• 2018-09-25Enforcement Action Data Entered
• 2018-09-25Complaint Filed/Proposed Order
• 2018-09-25Final Order Issued
• 2018-10-04Enforcement Action Closed