EPA v. JESSE C. BOLLINGER, JR D/B/A CREEKSIDE NORTH APARTMENTS

Case summary

7/7/2020- CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $4,300. PENALTY DUE WITHIN 30 DAYS. ALLEGED VIOLATIONS: BASED ON THE EPA'S REVIEW OF THE RESPONDENT'S RECORDS DURING THE JUNE 3, 2019, INSPECTION, THE EPA HAS DETERMINED THAT PRIOR TO OFFERING AND ENTERING INTO A CONTRACT FOR LEASE OF RESIDENTIAL DWELLINGS OF TARGET HOUSING, THE RESPONDENT FAILED TO: a. PROVIDE THE LESSEE WITH THE EPA-APPROVED LEAD HAZARD INFORMATION PAMPHLET IN VIOLATION OF 40 C.F.R. ? 745.107(a)(l); b. DISCLOSE TO THE LESSEE THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING BEING LEASED IN VIOLATION OF 40 C.F.R. ? 745.107(a)(2); c. PROVIDE THE LESSEE WITH ANY RECORDS OR REPORTS AVAILABLE TO THE LESSOR PERTAINING TO LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING BEING LEASED IN VIOLATION OF 40 C.F.R. ? 745.107(a)(4); d. INCLUDE AS AN ATTACHMENT OR WITHIN THE CONTRACT TO LEASE TARGET HOUSING THE APPROPRIATE LEAD WARNING STATEMENT IN VIOLATION OF 40 C.F.R. ? 745.113(b)(l); e. INCLUDE AS AN ATTACHMENT OR WITHIN THE CONTRACT TO LEASE TARGET HOUSING A STATEMENT BY THE LESSOR DISCLOSING THE PRESENCE OF KNOWN LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING BEING LEASED OR INDICATING NO KNOWLEDGE OF THE PRESENCE OF LEAD? BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN VIOLATION OF 40 C.F.R. ? 745.113(b)(2); f. INCLUDE AS AN ATTACHMENT OR WITHIN THE CONTRACT TO LEASE TARGET HOUSING A LIST OF ANY RECORDS OR REPORTS AVAILABLE TO THE LESSOR PERTAINING TO LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE HOUSING THAT HAVE BEEN PROVIDED TO THE LESSEE OR THAT NO SUCH RECORDS OR REPORTS ARE AVAILABLE IN VIOLATION OF 40 C.F.R. ? 745.113(b)(3); AND g. INCLUDE AS AN ATTACHMENT OR WITHIN THE CONTRACT TO LEASE TARGET HOUSING A STATEMENT BY THE LESSEE AFFIRMING RECEIPT OF THE INFORMATION REQUIRED UNDER 40 C.F.R. ? 745.113(b)(2) AND 40 C.F.R. ? 745.113(b)(3), AND THE LEAD HAZARD PAMPHLET REQUIRED UNDER 15 U.S.C. 2696 IN VIOLATION OF 40 C.F.R. ? 745.113(b)(4).

Defendants (2)

• CREEKSIDE NORTH APARTMENTSNamed in complaintNamed in settlement
• JESSE C. BOLLINGER, JRNamed in complaintNamed in settlement

Facilities (1)

• CREEKSIDE NORTH APARTMENTS (JESSE C. BOLLINGER, JR.)

  2223 DEVONPORT DRIVE, LEXINGTON, KY, 40504

  Registry ID: 110070560481

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• JESSE C. BOLLINGER, JR D/B/A CREEKSIDE NORTH APARTMENTSentered 2020-07-07

  Primary law: TSCA

  Federal penalty: $4,300

Timeline (4 milestones)

• 2020-07-07Complaint Filed/Proposed Order
• 2020-07-07Final Order Issued
• 2020-07-13Enforcement Action Data Entered
• 2020-07-20Enforcement Action Closed