EPA v. VICTORY REAL ESTATE, INC

Case summary

JANUARY 19, 2023 - CONSENT AGREEMENT AND FINAL ORDER On July 28, 2022, an inspector with the EPA conducted an inspection for the purpose of evaluating Respondent?s compliance with the requirements of 40 C.F.R. Part 745, Subpart F. At the time of the inspection, the EPA obtained copies of Respondent?s records to determine its nce with 40 C.F.R. Part 745, Subpart F. After review of the records, and subsequent show cause meeting on November 16, 2022, with the Respondent, the EPA determined that Respondent had entered into contracts to lease the residential dwellings that are target housing at the following locations on the specified dates listed below: a. 320 Calhoun Drive, Wilmington, North Carolina 28412, built in 1942, lease entered into on October 19, 2018; and b. 326 Williamson Drive, Wilmington, North Carolina 28412, built in 1942, lease entered into on September 25, 2018. At the time of the inspection, and subsequent show cause meeting, Respondent was unable to provide records to the inspector documenting that prior to entering into the leases with the lessees for the target housing identified in par. 31, Respondent had: a. Provided the lessees with an EPA-approved lead hazard information pamphlet as required by 40 C.F.R. ? 745.107(a)(1); and b. Included as an attachment or within the contract 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 is aware of his duty to ensure compliance as required by 40 C.F.R. ? 745.113(b)(5) and promulgated at 61 Federal Register 9085 (March 6, 1996). Based on the EPA?s review of Respondent?s records, and subsequent show cause meeting, the EPA has determined that prior to offering and entering into contracts for lease of residential dwellings of target housing identified in paragraph 31, Respondent failed to: a. Provide the lessees with an EPA-approved lead hazard information pamphlet as required by 40 C.F.R. ? 745.107(a)(1); and b. Include as an attachment or within the contract 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 is/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).

Defendants (1)

• VICTORY REAL ESTATE, INCNamed in complaintNamed in settlement

Facilities (2)

• VICTORY REAL ESTATE, INC.

  326 WILLIAMSON DRIVE, WILMINGTON, NC, 28412

  Registry ID: 110071399338

• VICTORY REAL ESTATE, INC.

  320 CALHOUN DRIVE, WILMINGTON, NC, 28412

  Registry ID: 110071399220

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• VICTORY REAL ESTATE, INCentered 2023-01-19

  Primary law: TSCA

  Federal penalty: $6,600

Timeline (4 milestones)

• 2023-01-19Complaint Filed/Proposed Order
• 2023-01-19Final Order Issued
• 2023-03-21Enforcement Action Closed
• 2023-03-24Enforcement Action Data Entered