EPA v. BROWN CAPITAL MANAGEMENT LLC D/B/A EAGLES EYRIE APARTMENTS

Case summary

7/9/2020 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $10,000. PENALTY DUE WITHIN 30 DAYS. ALLEGED VIOLATIONS: BASED ON THE EPA'S REVIEW OF THE RESPONDENT'S RECORDS RECEIVED ON JANUARY 2, 2020, THE EPA HAS DETERMINED THAT PRIOR TO ENTERING INTO A CONTRACT WITH LESSEES FOR LEASE OF RESIDENTIAL DWELLINGS OF TARGET HOUSING AS SET FORTH IN PARAGRAPH 33, 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. PROVIDE THE LESSEES 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 CONTRACTS TO LEASE TARGET HOUSING, THE APPROPRIATE LEAD WARNING STATEMENT, IN VIOLATION OF 40 C.F.R. ? 745.113(b)(1); E. INCLUDE AS AN ATTACHMENT OR WITHIN THE CONTRACTS 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 CONTRACTS TO LEASE TARGET HOUSING OR AS AN ATTACHMENT 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); G. INCLUDE AS AN ATTACHMENT OR WITHIN THE CONTRACTS 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); H. 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 I. RETAIN A COPY OF THE COMPLETED ATTACHMENT REQUIRED UNDER PARAGRAPH 40 C.F.R. ? 745.113(a) FOR NO LESS THAN 3 YEARS FROM THE COMMENCEMENT OF THE LEASING PERIOD IN VIOLATION OF 40 C.F.R. ? 745.113(c)(1).

Defendants (2)

• EAGLES EYRIE APARTMENTSNamed in complaintNamed in settlement
• BROWN CAPITAL MANAGEMENT LLCNamed in complaintNamed in settlement

Facilities (1)

• BROWN CAPITAL MANAGEMENT DBA EAGLES EYRIE APARTMENTS

  2424 EAGLES EYRIE COURT, LOUISVILLE, KY, 40206

  Registry ID: 110070666295

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• BROWN CAPITAL MANAGEMENT LLC D/B/A EAGLES EYRIE APARTMENTSentered 2020-07-09

  Primary law: TSCA

  Federal penalty: $10,000

Timeline (3 milestones)

• 2020-07-09Complaint Filed/Proposed Order
• 2020-07-09Final Order Issued
• 2020-07-14Enforcement Action Data Entered