EPA v. KPC PROPERTIES, LLC

Case summary

4/5/2023- CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $156,100. PENALTY TO PAID WITHIN 30 DAYS. ALLEGED VIOLATIONS: BASED ON THE EPA?S REVIEW OF RESPONDENT?S RECORDS, AND THE INFORMATION PRESENTED BY RESPONDENT DURING THE SHOW CAUSE MEETINGS, THE EPA ALLEGES THAT PRIOR TO OFFERING AND ENTERING INTO CONTRACTS FOR THE LEASE OF RESIDENTIAL DWELLINGS OF TARGET HOUSING, RESPONDENT FAILED TO: A. PROVIDE THE LESSEES WITH AN EPA-APPROVED LEAD HAZARD INFORMATION PAMPHLET IN VIOLATION OF 40 C.F.R. ?? 745.107(A)(1) AND 745.115(A)(2); INCLUDE AS AN ATTACHMENT OR WITHIN THE CONTRACT TO LEASE TARGET HOUSING THE FOLLOWING: B. THE APPROPRIATE LEAD WARNING STATEMENT, IN VIOLATION OF 40 C.F.R. ?? 745.113(B)(1) AND 745.115(A)(2); C. 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) AND 745.115(A)(2); D. 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 IN VIOLATION OF 40 C.F.R. ?? 745.113(B)(5) AND 745.115(A)(2); AND E. 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 745.115(A)(2).

Defendants (1)

• KPC PROPERTIES, LLCNamed in complaintNamed in settlement

Facilities (2)

• CANTERBURY PALMS APARTMENT

  3400 NW 29TH STREET, LAUDERDALE LAKES, FL, 33311

  Registry ID: 110035747840

• KPC PROPERTIES, LLC (CORPORATE OFFICE)

  6400 N ANDREWS AVENUE, SUITE 490, FORT LAUDERDALE, FL, 33309

  Registry ID: 110071399178

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• KPC PROPERTIES, LLCentered 2023-04-05

  Primary law: TSCA

  Federal penalty: $156,100

Timeline (4 milestones)

• 2023-04-05Complaint Filed/Proposed Order
• 2023-04-05Final Order Issued
• 2023-04-10Enforcement Action Data Entered
• 2023-04-11Enforcement Action Closed