EPA v. HORIZON REALTY AND MANAGEMENT, LLC

Case summary

6/21/2022 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $41,200.00. PENALTY TO PAID WITHIN 30 DAYS. ALLEGED VIOLATIONS: BASED ON THE EPA?S REVIEW OF RESPONDENT?S RECORDS, THE EPA ALLEGES THAT PRIOR TO OFFERING AND ENTERING INTO CONTRACTS FOR LEASE OF RESIDENTIAL DWELLINGS OF TARGET HOUSING, RESPONDENT FAILED TO INCLUDE THE FOLLOWING AS AN ATTACHMENT OR WITHIN THE CONTRACT(S) TO LEASE TARGET HOUSING: A. THE APPROPRIATE LEAD WARNING STATEMENT IN VIOLATION OF 40 C.F.R. ? 745.113(B)(1); B. 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); C. 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); D. A STATEMENT BY THE AGENT(S) INVOLVED IN THE TRANSACTION TO LEASE TARGET HOUSING THAT THE AGENT(S) HAS INFORMED THE LESSOR OF THE LESSOR?S OBLIGATIONS, AND THAT THE AGENT(S) IS/ARE AWARE OF HIS/THEIR DUTY TO ENSURE COMPLIANCE IN VIOLATION OF 40 C.F.R. ? 745.113(B)(5), AND AS PROMULGATED AT 61 FEDERAL REGISTER 9085 (MARCH 6, 1996); AND E. THE SIGNATURE OF 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)

• HORIZON REALTY AND MANAGEMENT, LLCNamed in complaintNamed in settlement

Facilities (13)

• HORIZON REALTY AND MANAGEMENT, LLC (PRIVATE RESIDENCE)

  1330 VOGUE HILL ROAD, CLARKSVILLE, TN, 37040

  Registry ID: 110071293340

• HORIZON REALTY AND MANAGEMENT, LLC (PRIVATE RESIDENCE)

  120 4TH STREET, #A, CLARKSVILLE, TN, 37041

  Registry ID: 110071293315

• HORIZON REALTY AND MANAGEMENT, LLC (PRIVATE RESIDENCE)

  104 COLONEL DRIVE, HOPKINSVILLE, TN, 42240

  Registry ID: 110071293314

• HORIZON REALTY AND MANAGEMENT, LLC (PRIVATE RESIDENCE)

  839 RICHARDSON STREET, #A, CLARKSVILLE, TN, 37040

  Registry ID: 110071293344

• HORIZON REALTY AND MANAGEMENT, LLC (PRIVATE RESIDENCE)

  1060 FORREST DRIVE, CLARKSVILLE, TN, 37040

  Registry ID: 110071293341

• HORIZON REALTY AND MANAGEMENT, LLC (PRIVATE RESIDENCE)

  1255 DODD STREET, CLARKSVILLE, TN, 37040

  Registry ID: 110071293343

• HORIZON REALTY AND MANAGEMENT, LLC (PRIVATE RESIDENCE)

  516 WREN DRIVE, CLARKSVILLE, TN, 37040

  Registry ID: 110071293313

• HORIZON REALTY AND MANAGEMENT, LLC (PRIVATE RESIDENCE)

  498 BUNKER HILL ROAD, CLARKSVILLE, TN, 37042

  Registry ID: 110071293338

• HORIZON REALTY AND MANAGEMENT, LLC (PRIVATE RESIDENCE)

  221 MILLS DRIVE, CLARKSVILLE, TN, 37042

  Registry ID: 110071293311

• HORIZON REALTY AND MANAGEMENT, LLC (PRIVATE RESIDENCE)

  1850 CUMBERLAND HEIGHTS ROAD, CLARKSVILLE, TN, 37040

  Registry ID: 110071293339

• HORIZON REALTY AND MANAGEMENT, LLC (PRIVATE RESIDENCE)

  954 CUMBERLAND DRIVE, CLARKSVILLE, TN, 37040

  Registry ID: 110071293342

• HORIZON REALTY AND MANAGEMENT, LLC

  4 COVINGTON STREET, CLARKSVILLE, TN, 37040

  Registry ID: 110071176383

• HORIZON REALTY AND MANAGEMENT, LLC (PRIVATE RESIDENCE)

  66 DURRETT DRIVE, CLARKSVILLE, TN, 37040

  Registry ID: 110071293312

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• HORIZON REALTY AND MANAGEMENT, LLCentered 2022-06-21

  Primary law: TSCA

  Federal penalty: $41,200

Timeline (4 milestones)

• 2022-06-21Complaint Filed/Proposed Order
• 2022-06-21Final Order Issued
• 2022-06-30Enforcement Action Data Entered
• 2022-08-16Enforcement Action Closed