EPA v. CERVERA REAL ESTATE, INC

Case summary

5/9/2024 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $3,900 DUE WITHIN 30 DAYS AFTER THE EFFECTIVE DATE OF THIS CAFO. ALLEGED VIOLATIONS: ON MARCH 1, 2023, AN INSPECTOR WITH THE EPA CONDUCTED AN INSPECTION AT RESPONDENT?S PLACE OF BUSINESS LOCATED AT 634 CRANDON BOULEVARD, KEY BISCAYNE, FLORIDA 33149, FOR THE PURPOSE OF EVALUATING RESPONDENT?S COMPLIANCE WITH THE REQUIREMENTS OF 40 C.F.R. PART 745, SUBPART F. BASED ON THE EPA?S REVIEW OF RESPONDENT?S RECORDS SUBMITTED ON MAY 22, 2023, THE EPA ALLEGES THAT: - PRIOR TO OFFERING AND ENTERING INTO CONTRACTS FOR LEASE OF RESIDENTIAL DWELLINGS OF THE TARGET HOUSING LISTED IN THE CAFO, RESPONDENT FAILED TO 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). - PRIOR TO ENTERING INTO CONTRACTS TO SELL THE RESIDENTIAL DWELLINGS THAT ARE TARGET HOUSING LISTED IN THE CAFO , UNDER WHICH PURCHASERS BECAME OBLIGATED TO PURCHASE THOSE RESIDENTIAL DWELLINGS, RESPONDENT FAILED TO: A) PERMIT THE PURCHASERS A 10-DAY PERIOD, OR A WRITTEN, MUTUALLY AGREED UPON DIFFERENT TIME PERIOD, TO CONDUCT A RISK ASSESSMENT OR INSPECTION FOR THE PRESENCE OF LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS, OR RECEIVED WRITTEN NOTICE BY THE PURCHASER THAT THEY HAD WAIVED THE OPPORTUNITY TO CONDUCT THE RISK ASSESSMENT OR INSPECTION, IN VIOLATION OF 40 C.F.R. ? 745.110(A); B) INCLUDE AS AN ATTACHMENT TO THE CONTRACT TO SELL TARGET HOUSING, A STATEMENT BY THE PURCHASER AFFIRMING RECEIPT OF THE INFORMATION REQUIRED UNDER 40 C.F.R. ? 745.113(A)(2) AND 40 C.F.R. ? 745.113(A)(3), AND THE LEAD HAZARD PAMPHLET REQUIRED UNDER 15 U.S.C. ? 2686, IN VIOLATION OF 40 C.F.R. ? 745.113(A)(4); C) INCLUDE AS AN ATTACHMENT TO THE CONTRACT TO SELL TARGET HOUSING A STATEMENT THAT THE AGENT HAD INFORMED THE SELLER OF THE SELLER?S OBLIGATIONS UNDER 42 U.S.C. ? 4852D; AND THAT THE AGENT IS AWARE OF HIS/HER DUTY TO ENSURE COMPLIANCE WITH THE REQUIREMENTS OF 40 C.F.R. PART 745, SUBPART F, IN VIOLATION OF 40 C.F.R. ? 745.113(A)(6); AND D) INCLUDE AS AN ATTACHMENT TO THE CONTRACT TO SELL TARGET HOUSING THE SIGNATURES OF THE SELLERS, AGENTS, AND PURCHASERS 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(A)(7).

Defendants (1)

• CERVERA REAL ESTATE, INCNamed in complaintNamed in settlement

Facilities (7)

• CERVERA REAL ESTATE (PRIVATE RESIDENCE)

  240 GALEN DRIVE, KEY BISCAYNE, FL, 33149

  Registry ID: 110071813455

• CERVERA REAL ESTATE (PRIVATE RESIDENCE)

  453 NORTHWEST 19TH STREET, UNIT 349, MIAMI, FL, 33136

  Registry ID: 110071813459

• CERVERA REAL ESTATE (PRIVATE RESIDENCE)

  1611 MICHIGAN AVENUE, MIAMI BEACH, FL, 33139

  Registry ID: 110071813454

• CERVERA REAL ESTATE (PRIVATE RESIDENCE)

  580 UNIVERSITY DRIVE, MIAMI, FL, 33134

  Registry ID: 110071813457

• CERVERA REAL ESTATE (PRIVATE RESIDENCE)

  2912 NORTHWEST 32ND STREET, MIAMI, FL, 33142

  Registry ID: 110071813456

• CERVERA REAL ESTATE

  634 CRANDON BOULEVARD, KEY BISCAYNE, FL, 33149

  Registry ID: 110071399314

• CERVERA REAL ESTATE (PRIVATE RESIDENCE)

  3660 NORTHEAST 166 STREET, UNIT 510, NORTH MIAMI BEACH, FL, 33160

  Registry ID: 110071813458

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• CERVERA REAL ESTATE, INCentered 2024-05-09

  Primary law: TSCA

  Federal penalty: $3,900

Timeline (4 milestones)

• 2024-05-09Complaint Filed/Proposed Order
• 2024-05-09Final Order Issued
• 2024-05-20Enforcement Action Closed
• 2024-07-15Enforcement Action Data Entered