EPA v. NEWBERRY PARC, LLC

Case summary

7/20/2020- CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $12,858. PENALTY DUE WITHIN 30 DAYS. ALLEGED VIOLATIONS: BASED ON THE EPA?S REVIEW OF THE RESPONDENT?S RECORDS DURING THE OCTOBER 31, 2019, FOLLOW-UP 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. 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); AND B. INCLUDE AS AN ATTACHMENT OR WITHIN THE CONTRACT TO LEASE TARGET HOUSING THE SIGNATURES OF THE LESSORS, AGENTS, AND LESSEES, 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(b)(6).

Defendants (1)

• NEWBERRY PARC, LLCNamed in complaintNamed in settlement

Facilities (4)

• NEWBERRY PARC

  250 OLDE ENGLISH COURT, LOUISVILLE, KY, 40272

  Registry ID: 110070666293

• PRIVATE RESIDENCE (NEWBERRY PARC, LLC)

  196 OLDE ENGLISH COURT, LOUISVILLE, KY, 40272

  Registry ID: 110070824027

• PRIVATE RESIDENCE (NEWBERRY PARC, LLC)

  109 OLDE ENGLISH COURT, LOUISVILLE, KY, 40272

  Registry ID: 110070824138

• PRIVATE RESIDENCE (NEWBERRY PARC, LLC)

  188 OLDE ENGLISH COURT, LOUISVILLE, KY, 40272

  Registry ID: 110070824137

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• NEWBERRY PARC, LLCentered 2020-07-20

  Primary law: TSCA

  Federal penalty: $12,858

Timeline (4 milestones)

• 2020-07-20Complaint Filed/Proposed Order
• 2020-07-20Final Order Issued
• 2020-07-21Enforcement Action Data Entered
• 2020-08-13Enforcement Action Closed