EPA v. COPPER ROOF PROPERTY MANAGEMENT, LLC

Case summary

8/19/2024 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $31,800 DUE WITHIN 30 DAYS AFTER THE EFFECTIVE DATE OF THIS CAFO. ALLEGED VIOLATIONS: ON NOVEMBER 1, 2023, AN INSPECTOR WITH THE EPA EMAILED A NOTICE OF INSPECTION (NOI) TO RESPONDENT ADVISING THAT THE EPA PLANNED TO INSPECT RESPONDENT?S OFFICE ON NOVEMBER 7, 2023, FOR PURPOSES OF DETERMINING ITS COMPLIANCE WITH 40 C.F.R. PART 745, SUBPARTS E AND F, AND THAT THE INSPECTION WOULD INCLUDE A REVIEW OF RESPONDENT?S RECORDS. THE INSPECTOR ALSO CONTACTED RESPONDENT BY PHONE ON NOVEMBER 1, 2023, AND ADVISED THAT THE REQUESTED RECORDS COULD BE PROVIDED PRIOR TO, DURING, AND/OR AFTER THE INSPECTION. ON NOVEMBER 3, 6, AND 7, 2023, RESPONDENT SUBMITTED COPIES OF RECORDS IN RESPONSE TO THE NOI. BASED ON THE EPA?S INSPECTION AND REVIEW OF RESPONDENT?S RECORDS AS NOTED IN SECTION IV OF THIS CAFO, THE EPA HAS DETERMINED THAT RESPONDENT, ACTING IN ITS CAPACITY AS A LESSOR AND AN AGENT CONCERNING THE LEASING OF TARGET HOUSING DESCRIBED IN PARAGRAPH 34, FAILED TO INCLUDE AS AN ATTACHMENT OR WITHIN THE CONTRACTS TO LEASE TARGET HOUSING: A. THE APPROPRIATE LEAD WARNING STATEMENT, IN VIOLATION OF 40 C.F.R. ? 745.113(B)(1); B. 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); C. 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); D. A STATEMENT BY THE AGENTS INVOLVED IN THE TRANSACTION TO LEASE TARGET HOUSING THAT THE AGENTS HAD INFORMED THE LESSOR OF THE LESSOR?S OBLIGATIONS, AND THAT THE AGENTS WERE AWARE OF THEIR DUTY TO ENSURE COMPLIANCE, IN VIOLATION OF 40 C.F.R. ? 745.113(B)(5); 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). 40. BASED ON THE EPA?S INSPECTION AND REVIEW OF RECORDS AS DESCRIBED IN SECTION IV OF THIS CAFO, THE EPA DETERMINED THAT, WITH REGARD TO THE RENOVATIONS SET FORTH IN PARAGRAPH 36, RESPONDENT FAILED TO: A. APPLY TO THE EPA AND OBTAIN FIRM CERTIFICATION TO PERFORM, OFFER, OR CLAIM TO PERFORM RENOVATIONS FOR COMPENSATION, IN VIOLATION OF 40 C.F.R. ?? 745.81(A)(2)(II) AND 745.89(A)(1); AND B. PROVIDE THE OWNERS OF THE PROPERTIES WITH THE EPA-APPROVED LEAD HAZARD INFORMATION PAMPHLET, IN VIOLATION OF 40 C.F.R. ? 745.84(A)(1).

Defendants (1)

• COPPER ROOF PROPERTY MANAGEMENT, LLCNamed in complaintNamed in settlement

Facilities (8)

• COPPER ROOF PROPERTY MANAGEMENT, LLC (TARGET HOUSING)

  805 CASTLE AVENUE, CHARLESTON, SC, 29407

  Registry ID: 110071819644

• COPPER ROOF PROPERTY MANAGEMENT, LLC

  1240 WINNOWING WAY, SUITE 102, MOUNT PLEASANT, SC, 29466

  Registry ID: 110071537806

• COPPER ROOF PROPERTY MANAGEMENT, (TARGET HOUSING)

  704 B MARTIN LANE, CHARLESTON, SC, 29407

  Registry ID: 110071819641

• COPPER ROOF PROPERTY MANAGEMENT, LLC (TARGET HOUSING)

  862 LOLANDRA AVENUE, CHARLESTON, SC, 29407

  Registry ID: 110071819642

• COPPER ROOF PROPERTY MANAGEMENT, LLC (TARGET HOUSING)

  704 A MARTIN LANE, CHARLESTON, SC, 29407

  Registry ID: 110071819638

• COPPER ROOF PROPERTY MANAGEMENT, LLC (TARGET HOUSING)

  6212 MURRAY DRIVE, HANAHAN, SC, 29410

  Registry ID: 110071819640

• COPPER ROOF PROPERTY MANAGEMENT, LLC (TARGET HOUSING)

  4729 MARLBORO PLACE, NORTH CHARLESTON, SC, 29405

  Registry ID: 110071819639

• COPPER ROOF PROPERTY MANAGEMENT, LLC (TARGET HOUSING)

  4923 VICTORIA AVENUE, NORTH CHARLESTON, SC, 29405

  Registry ID: 110071819643

Statutes cited

• TSCA 406B — Lead: Pre-Renovation Education Rule
• TSCA 409 — Lead: Violation of Section 1018
• TSCA 402C — Lead: RRP

Enforcement conclusions (1)

• COPPER ROOF PROPERTY MANAGEMENT, LLCentered 2024-08-19

  Primary law: TSCA

  Federal penalty: $31,800

Timeline (4 milestones)

• 2024-08-19Complaint Filed/Proposed Order
• 2024-08-19Final Order Issued
• 2024-08-28Enforcement Action Data Entered
• 2024-09-18Enforcement Action Closed