EPA v. BLUEGRASS MANAGEMENT, LLC

Case summary

9/20/2021 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $3,000.00. PENALTY TO PAID WITHIN 30 DAYS. ALLEGED VIOLATIONS: BASED ON THE EPA'S REVIEW OF THE RESPONDENT'S RECORDS, THE EPA HAS DETERMINED THAT PRIOR TO OFFERING AND ENTERING INTO CONTRACTS FOR LEASE OF RESIDENTIAL DWELLINGS THAT ARE 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. 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); C. 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); D. INCLUDE AS AN ATTACHMENT OR WITHIN THE CONTRACTS 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 CONTRACTS TO LEASE TARGET HOUSING, A STATEMENT BY THE LESSEES 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); AND F. INCLUDED AS AN ATTACHMENT OR WITHIN THE CONTRACTS TO LEASE TARGET HOUSING A STATEMENT BY THE AGENT INVOLVED IN THE TRANSACTION TO LEASE TARGET HOUSING THAT THE AGENT HAS INFORMED THE LESSOR OF THE LESSOR'S OBLIGATIONS, AND THAT THE AGENT(S) IS/ARE AWARE OF HIS/THEIR DUTY TO ENSURE COMPLIANCE AS REQUIRED BY 40 C.F.R. ? 745.113(B)(5)

Defendants (1)

• BLUEGRASS MANAGEMENT, LLCNamed in complaintNamed in settlement

Facilities (3)

• BLUEGRASS MANAGEMENT, LLC

  306 W MAIN STREET, SUITE 512, FRANKFORT, KY, 40601

  Registry ID: 110071091776

• BLUEGRASS MANAGEMENT, LLC (PRIVATE RESIDENCE)

  260 EAST REYNOLDS ROAD, APTS #45,16,23, 20, 48, LEXINGTON, KY, 40517

  Registry ID: 110071091778

• BLUEGRASS MANAGEMENT, LLC (PRIVATE RESIDENCE)

  249 EAST REYNOLDS ROAD, LEXINGTON, KY, 40517

  Registry ID: 110071091777

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• BLUEGRASS MANAGEMENT, LLCentered 2021-09-20

  Primary law: TSCA

  Federal penalty: $3,000

Timeline (3 milestones)

• 2021-09-20Complaint Filed/Proposed Order
• 2021-09-20Final Order Issued
• 2021-09-20Enforcement Action Data Entered