EPA v. KESSINGER REAL ESTATE, LTD

Case summary

6/15/2020- CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $3,291. PENALTY DUE WITHIN 30 DAYS. ALLEGED VIOLATIONS: BASED ON THE EPA'S REVIEW OF THE RESPONDENT' S RECORDS DURING THE NOVEMBER 21, 2019, INSPECTION, THE EPA HAS DETERMINED THAT PRIOR TO FINALIZING A CONTRACT FOR THE SALE OF RESIDENTIAL DWELLINGS OF TARGET HOUSING ON BEHALF OF THE SELLER/OWNER UNDER WHICH THE PURCHASER BECAME OBLIGATED TO PURCHASE THE TARGET PROPERTY, THE RESPONDENT FAILED TO: A. INCLUDE AS AN ATTACHMENT TO THE CONTRACT TO SELL TARGET HOUSING A LIST OF ANY RECORDS OR REPORTS AVAILABLE TO THE SELLER PERTAINING TO LEAD-BASED PAINT AND HAZARDS IN THE HOUSING THAT HAVE BEEN PROVIDED TO THE PURCHASER OR THAT NO SUCH RECORDS OR REPORTS ARE AVAILABLE IN VIOLATION OF 40 C.F.R. ? 745.113(a)(3); B. INCLUDE AS AN ATTACHMENT TO THE CONTRACT TO SELL TARGET HOUSING, A STATEMENT BY THE PURCHASER AFFIRMING RECEIPT OF THE INFORMATION REQUIRED UNDER 40 C.F.R. ? 745.113(a)(2) AND 40 C.F.R. ? 745.113(a)(3), AND THE LEAD HAZARD PAMPHLET REQUIRED UNDER 15 U.S.C. 2686 IN VIOLATION OF 40 C.F.R. ? 745.L L 3(a)(4); C. INCLUDE AS A ATTACHMENT TO THE CONTRACT TO SELL TARGET HOUSING A STATEMENT BY THE PURCHASER THAT HE/SHE HAS EITHER: RECEIVED THE OPPORTUNITY TO CONDUCT THE RISK ASSESSMENT OR INSPECTION REQUIRED BY 40 C.F.R. ? 745.110(a); OR WAIVED THE OPPORTUNITY, IN VIOLATION OF 40 C.F.R. ? 745.113(a)(5); D. INCLUDE AS AN ATTACHMENT TO THE CONTRACT TO SELL TARGET HOUSING THE SIGNATURES OF THE SELLERS, AGENTS, AND PURCHASERS CERTIFYING TO THE ACCURACY OF THEIR STATEMENTS TO THE BEST OF THEIR KNOWLEDGE, ALONG WITH THE DATES OF SIGNATURE, IN VIOLATION OF 40 C.F.R. ? 745.113(a)(7).

Defendants (1)

• KESSINGER REAL ESTATE, LTDNamed in complaintNamed in settlement

Facilities (8)

• PRIVATE RESIDENCE (KESSINGER REAL ESTATE, LTD)

  300 CLAY STREET, WATER VALLEY, MS, 38965

  Registry ID: 110070814872

• PRIVATE RESIDENCE (KESSINGER REAL ESTATE, LTD)

  206 CALHOUN STREET, WATER VALLEY, MS, 38965

  Registry ID: 110070814875

• PRIVATE RESIDENCE (KESSINGER REAL ESTATE, LTD)

  300 WILLIAMS AVENUE, OXFORD, MS, 38655

  Registry ID: 110070814873

• PRIVATE RESIDENCE (KESSINGER REAL ESTATE, LTD)

  18 COUNTY ROAD 401, OXFORD, MS, 38655

  Registry ID: 110070814876

• PRIVATE RESIDENCE (KESSINGER REAL ESTATE, LTD)

  560 COUNTY ROAD 275, WATER VALLEY, MS, 38965

  Registry ID: 110070814870

• KESSINGER REAL ESTATE

  2901 OLD TAYLOR ROAD #201, OXFORD, MS, 38655

  Registry ID: 110070666398

• PRIVATE RESIDENCE (KESSINGER REAL ESTATE, LTD)

  617 WAGNER STREET, WATER VALLEY, MS, 38965

  Registry ID: 110070814871

• PRIVATE RESIDENCE (KESSINGER REAL ESTATE, LTD)

  3018 COUNTY ROAD 53, WATER VALLEY, MS, 38965

  Registry ID: 110070814874

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• KESSINGER REAL ESTATE, LTDentered 2020-06-15

  Primary law: TSCA

  Federal penalty: $3,291

Timeline (3 milestones)

• 2020-06-15Complaint Filed/Proposed Order
• 2020-06-15Final Order Issued
• 2020-07-09Enforcement Action Data Entered