EPA v. FALCONITE DEVELOPMENT GROUP

Case summary

4/23/20 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $4,860. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ALLEGATIONS: FAIRLAWN APARTMENTS (APT. #1, LEASE DATED MARCH 3, 2017) - RESPONDENT FAILED TO INCLUDE IN THE CONTRACT FOR LEASE A STATEMENT BY THE LESSEE AFFIRMING RECEIPT OF THE INFORMATION REQUIRED BY 40 CFR SECTION 745.113(b)(3) AND (b)(3), AND THE LEAD HAZARD PAMPHLET REQUIRED UNDER 15 U.S.C. SECTION 2696, AS SPECIFIED IN 40 C.F.R. SECTIN 745.113(b)(4); AND B. RESPONDENT FAILED TO INCLUDE, IN THE CONTRACT AS AN ATTACHMENT, A STATEMENT BY THE ONE OR MORE AGENTS INVOLVED IN THE TRANSACTION TO LEASE TARGET HOUSING THAT THE AGENT(S) HAS INFORMED THE LESSOR OF THE LESSOR'S OBLIGATIONS, AND THAT THE AGENTS(S) IS AWARE OF HIS DUTY TO ENSURE COMPLIANCE, PURSUANT TO 40 C.F.R. SECTION 745.113(b)(5). HILLCREST APARTMENTS (APT. H-2, LEASE DATED MAY 4, 2017) - A. RESPONDENT FAILED TO DISCLOSE TO THE LESSEE THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING, PURSUANT TO 40 C.F.R. SECTION 745.107(a)(2); B. RESPONDENT FAILED TO INCLUDE, AS AN ATTACHMENT OR WITHIN THE CONTRACT, A STATEMENT BY THE LESSOR DISCLOSING THE PRESENCE OF KNOWN LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS, OR INDICATING NO KNOWLEDGE OF THE PRESENCE OF LEAD-BASED PAINT AND/OR LEAD BASED PAINT HAZARDS, PURSUANT TO 40 C.F.R. SECTION 113(b)(2); C. RESPONDENT FAILED TO INCLUDE, AS AN ATTACHMENT OR WITHIN THE CONTRACT, A STATEMENT BY THE LESSOR DISCLOSING THE PRESENCE OF KNOWN LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS, OR INDICATING NO KNOWLEDGE OF THE PRESENCE OF LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS, PURSUANT TO 40 C.F.R SECTION 745.113(b)(2); AND D. RESPONDENT FAILED TO INCLUDE, IN THE CONTRACT AS AN ATTACHMENT, A STATEMENT BY THE ONE OR MORE AGENTS INVOLVED IN THE TRANSACTION TO LEASE TARGET HOUSING THAT THE AGENT(S) HAS INFORMED THE LESSOR OF THE LESSOR'S OBLIGATIONS, AND THAT THE AGENT(S) IS AWARE OF HIS DUTY TO ENSURE COMPLIANCE, PURSUANT TO 40 C.F.R. SECTION 745.113(b)(5).

Defendants (1)

• FALCONITE DEVELOOPMENT GROUPNamed in complaintNamed in settlement

Facilities (3)

• FAIRLAWN APARTMENTS

  2901 JEFFERSON STREET, PADUCAH, KY, 42001

  Registry ID: 110070499299

• HILLCREST APARTMENTS

  105 SYCAMORE DRIVE, PADUCAH, KY, 42001

  Registry ID: 110070499300

• FALCONITE DEVELOPMENT GROUP

  2690 OLIVET CHURCH ROAD, PADUCAH, KY, 42201

  Registry ID: 110070739637

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• FALCONITE DEVELOPMENT GROUPentered 2020-04-23

  Primary law: TSCA

  Federal penalty: $4,860

Timeline (4 milestones)

• 2020-04-23Final Order Issued
• 2020-04-23Complaint Filed/Proposed Order
• 2020-04-30Enforcement Action Data Entered
• 2020-05-21Enforcement Action Closed