EPA v. SKY PROPERTIES, LLC

Case summary

9/23/2020 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $37,870.00. PENALTY DUE WITHIN 30 DAYS. ALLEGED VIOLATIONS: BASED ON THE EPA?S REVIEW OF THE RESPONDENT?S RECORDS COLLECTED DURING THE DECEMBER 12, 2019 INSPECTION, THE EPA HAS DETERMINED THAT PRIOR TO OFFERING AND ENTERING INTO A CONTRACT FOR LEASE OF RESIDENTIAL DWELLINGS OF TARGET HOUSING AS SET FORTH IN PARAGRAPH 31, THE RESPONDENT FAILED TO: A. PROVIDE THE LESSEES WITH THE EPA-APPROVED LEAD HAZARD INFORMATION PAMPHLET IN VIOLATION OF 40 C.F.R. ? 745.107(A)(1); B. DISCLOSE TO THE LESSEES 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. 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)(1); AND D. 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)

• SKY PROPERTIES, LLCNamed in complaintNamed in settlement

Facilities (2)

• PRIVATE RESIDENCES (SKY PROPERTIES, LLC)

  215 CAPITAL AVENUE, FRANKFORT, KY, 40601

  Registry ID: 110070836426

• SKY PROPERTIES LLC

  88 C MICHAEL DAVENPORT BOULEVARD, SUITE 2, FRANKFORT, KY, 40601

  Registry ID: 110070672082

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• SKY PROPERTIES, LLCentered 2020-09-23

  Primary law: TSCA

  Federal penalty: $37,870

Timeline (3 milestones)

• 2020-09-23Final Order Issued
• 2020-09-23Enforcement Action Data Entered
• 2020-09-23Complaint Filed/Proposed Order