EPA v. BLACKBURN COMMUNITIES, LLC

Case summary

7/23/2020 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $4,000. PENALTY DUE WITHIN 30 DAYS. ALLEGED VIOLATIONS: BASED ON THE EPA'S REVIEW OF THE RESPONDENT'S RECORDS DURING THE NOVEMBER 22, 2019, INSPECTION, THE EPA HAS DETERMINED THAT PRIOR TO ENTERING INTO A CONTRACT FOR THE LEASE OF RESIDENTIAL DWELLINGS OF TARGET HOUSING, 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. 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); C. 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); D. 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); E. 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. 2686 IN VIOLATION OF 40 C.F.R. ? 745.113(b)(4); F. INCLUDE AS AN ATTACHMENT OR WITHIN THE CONTRACT TO LEASE TARGET HOUSING A STATEMENT BY THE AGENTS INVOLVED IN THE TRANSACTION TO LEASE TARGET HOUSING THAT THE AGENTS HAVE INFORMED THE LESSOR OF THE LESSOR'S OBLIGATIONS, AND THAT THE AGENTS ARE AWARE OF HIS THEIR DUTY TO ENSURE COMPLIANCE IN VIOLATION OF 40 C.F.R. ? 745.113(b)(5), AS PROMULGATED AT 61 FEDERAL REGISTER 9085 (MARCH 6, 1996); G. 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); AND H. RETAIN A COPY OF THE COMPLETED ATTACHMENT OR LEASE CONTRACT CONTAINING THE INFORMATION REQUIRED UNDER 40 C.F.R. ? 745.113(b) FOR NO LESS THAN 3 YEARS FROM THE COMMENCEMENT OF THE LEASING PERIOD, AS REQUIRED BY 40 C.F.R. ? 745.113(c)(1).

Defendants (1)

• BLACKBURN COMMUNITIES LLCNamed in complaintNamed in settlement

Facilities (2)

• BLACKBURN COMMUNITIES LLC

  310 ENTERPRISE DRIVE, OXFORD, MS, 38655

  Registry ID: 110070829198

• BLACKBURN COMMUNITIES LLC - OXFORD SQUARE TOWNHOMES

  1802 WEST JACKSON AVENUE, OXFORD, MS, 38655

  Registry ID: 110070666401

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• BLACKBURN COMMUNITIES, LLCentered 2020-07-23

  Primary law: TSCA

  Federal penalty: $4,000

Timeline (3 milestones)

• 2020-07-23Final Order Issued
• 2020-07-23Complaint Filed/Proposed Order
• 2020-08-12Enforcement Action Data Entered