EPA v. 8TH STREET PROPERTY MANAGEMENT, LLC

Case summary

8/15/2023 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $4,000. PENALTY TO PAID WITHIN 30 DAYS. ALLEGED VIOLATIONS: BASED ON THE EPA'S REVIEW OF RESPONDENT'S RECORDS DURING THE AFOREMENTIONED INSPECTION, AND THE RECORDS SUBMITTED BY RESPONDENT SUBSEQUENT TO THE INSPECTION, THE EPA ALLEGES THAT RESPONDENT, IN ITS CAPACITY AS A LESSOR AND AN AGENT CONCERNING THE LEASING OF TARGET HOUSING FAILED TO: A. PROVIDE THE LESSEE(S) WITH AN EPA-APPROVED LEAD HAZARD INFORMATION PAMPHLET IN VIOLATION OF40 C.F.R. ? 745.107(A)(L); B. INCLUDE AS AN ATTACHMENT OR WITHIN THE CONTRACT TO LEASE TARGET HOUSING THE APPROPRIATE LEAD WARNING STATEMENT IN VIOLATION OF40 C.F.R. ?745.113(B)(J); C. INCLUDE AS AN ATTACHMENT OR WITHIN THE CONTRACT 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 OFLEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN VIOLATION OF 40 C.F.R. ? 745. L L 3(B )(2); D. INCLUDE AS AN ATTACHMENT OR WITHIN THE CONTRACT TO LEASE TARGET HOUSING 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.L 13(B)(5); AND E. INCLUDE AS AN ATTACHMENT OR WITHIN THE CONTRACT TO LEASE TARGET HOUSING THE SIGNATURES OF THE LESSORS, AGENTS, AND LESSEE(S), 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.L 13(B)(6). BASED ON A REVIEW OF RESPONDENT'S RECORDS, THE EPA ALSO ALLEGES THAT RESPONDENT, IN ITS CAPACITY AS A RENOVATION FIRM, FAILED TO APPLY TO THE EPA AND OBTAIN FIRM CERTIFICATION TO PERFORM, OFFER, OR CLAIM TO PERFORM RENOVATIONS FOR COMPENSATION, PRIOR TO CONDUCTING THE RENOVATIONS ON THE PROPERTIES DESCRIBED IN PARAGRAPH 46 IN VIOLATION OF40 C.F.R. ?? 745.8L(A)(2)(II) AND 745.89(A)(J).

Defendants (1)

• 8TH STREET PROPERTY MANAGEMENT, LLCNamed in complaintNamed in settlement

Facilities (7)

• 8TH STREET PROPERTY MANAGEMENT (PRIVATE RESIDENCE)

  1053 SW 2ND STREET, UNIT 2R, MIAMI, FL, 33130

  Registry ID: 110071497824

• 8TH STREET PROPERTY MANAGEMENT (PRIVATE RESIDENCE)

  1129 NW 3RD STREET, UNIT 106, MIAMI, FL, 33128

  Registry ID: 110071497825

• 8TH STREET PROPERTY MANAGEMENT (PRIVATE RESIDENCE)

  333 SW 30TH ROAD, UNIT 6, MIAMI, FL, 33129

  Registry ID: 110071497826

• 8TH STREET PROPERTY MANAGEMENT (PRIVATE RESIDENCE)

  1874 NW FLAGLER TERRACE, UNIT 2, MIAMI, FL, 33125

  Registry ID: 110071497744

• 8TH STREET PROPERTY MANAGEMENT (PRIVATE RESIDENCE)

  851 SW 4TH STREET, UNIT 5, MIAMI, FL, 33130

  Registry ID: 110071497823

• 8TH STREET PROPERTY MANAGEMENT (PRIVATE RESIDENCE)

  829 SW 18TH AVENUE, SUITE 12, MIAMI, FL, 33135

  Registry ID: 110071497822

• 8TH STREET PROPERTY MANAGEMENT (CORPORATE OFFICE)

  801 SW 23RD AVENUE, MIAMI, FL, 33135

  Registry ID: 110071339441

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018
• TSCA 402C — Lead: RRP

Enforcement conclusions (1)

• 8TH STREET PROPERTY MANAGEMENT, LLCentered 2023-08-15

  Primary law: TSCA

  Federal penalty: $4,000

Timeline (4 milestones)

• 2023-08-15Complaint Filed/Proposed Order
• 2023-08-15Final Order Issued
• 2023-09-18Enforcement Action Data Entered
• 2024-02-13Enforcement Action Closed