EPA v. LINCOLN BP MANAGEMENT INC

Case summary

6/27/2024 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $10,800 DUE WITHIN 30 DAYS AFTER THE EFFECTIVE DATE OF THIS CAFO. ALLEGED VIOLATIONS: ON NOVEMBER 17, 2022, AN INSPECTOR WITH THE EPA CONDUCTED AN INSPECTION AT RESPONDENT'S PLACE OF BUSINESS LOCATED AT 1659 MONROE DRIVE NE, ATLANTA, GEORGIA 30324, FOR THE PURPOSE OF EVALUATING RESPONDENT'S COMPLIANCE WITH THE REQUIREMENTS OF 40 C.F.R. PART 745, SUBPART F. UPON REVIEW OF RECORDS LATER PROVIDED BY RESPONDENT?S ATTORNEY ON DECEMBER 5, 2022, THE EPA DETERMINED THAT RESPONDENT HAD ENTERED INTO CONTRACTS TO LEASE THE RESIDENTIAL DWELLINGS THAT ARE TARGET HOUSING LOCATED AT 1659 MONROE DRIVE, ATLANTA, 30324. 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 AS SET FORTH IN PARAGRAPH 25 ABOVE, RESPONDENT FAILED TO: A. INCLUDE AS AN ATTACHMENT OR WITHIN THE CONTRACT TO LEASE TARGET HOUSING, 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); 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 HAD INFORMED THE LESSOR OF THE LESSOR'S OBLIGATIONS, AND THAT THE AGENT WAS AWARE OF HIS DUTY TO ENSURE COMPLIANCE, IN VIOLATION OF 40 C.F.R. ? 745.113{B){5).

Defendants (1)

• LINCOLN BP MANAGEMENT INCNamed in complaintNamed in settlement

Facilities (2)

• LINCOLN PROPERTY COMPANY

  6340 SUGARLOAF PARKWAY, SUITE 350, DULUTH, GA, 30097

  Registry ID: 110071399199

• ANSLEY FOREST

  1659 MONROE DRIVE NE, ATLANTA, GA, 30324

  Registry ID: 110071356568

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018
• TSCA 406B — Lead: Pre-Renovation Education Rule

Enforcement conclusions (1)

• LINCOLN BP MANAGEMENT INCentered 2024-06-27

  Primary law: TSCA

  Federal penalty: $10,800

Timeline (4 milestones)

• 2024-06-27Complaint Filed/Proposed Order
• 2024-06-27Final Order Issued
• 2024-07-12Enforcement Action Data Entered
• 2024-07-29Enforcement Action Closed