EPA v. FYVE SOUTH CAROLINA, LLC D/B/A FYVE REALTY

Case summary

8/19/2024 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $6,400 DUE WITHIN 30 DAYS AFTER THE EFFECTIVE DATE OF THIS CAFO. ALLEGED VIOLATIONS: ON NOVEMBER 7, 2023, AN INSPECTOR WITH THE EPA CONDUCTED AN INSPECTION AT RESPONDENT?S PLACE OF BUSINESS LOCATED AT 3300 W. MONTAGUE AVENUE, SUITE 227, N. CHARLESTON, SOUTH CAROLINA 29418, FOR THE PURPOSE OF EVALUATING RESPONDENT?S COMPLIANCE WITH THE REQUIREMENTS OF 40 C.F.R. PART 745, SUBPARTS E AND F. ON NOVEMBER 16, 2023, DECEMBER 5, 2023, MARCH 13, 2024, AND MARCH 15, 2024, RESPONDENT SUBMITTED RECORDS TO THE EPA FOR REVIEW TO DETERMINE ITS COMPLIANCE WITH 40 C.F.R. PART 745, SUBPARTS E AND F. ON MARCH 15, 2024, THE EPA RECEIVED INFORMATION THAT RENOVATION WORK HAD BEEN CONDUCTED AT A PRIVATE RESIDENCE LOCATED AT 5902 PARK STREET, HANAHAN, SOUTH CAROLINA 29410 (HEREINAFTER ?THE PROPERTY?), WHERE RESPONDENT CONDUCTED ?RENOVATIONS,? AS DEFINED AT 40 C.F.R. ? 745.83, FOR COMPENSATION ON OR ABOUT NOVEMBER 15, 2023. AT THE TIME THAT THE RENOVATION WORK WAS BEING PERFORMED, RESPONDENT HAD NOT OBTAINED ?FIRM CERTIFICATION? TO PERFORM RENOVATIONS FOR COMPENSATION AS REQUIRED BY 40 C.F.R. ?? 745.81(A)(2)(II) AND 745.89(A)(1). BASED ON THE EPA?S REVIEW OF THE RECORDS SUBMITTED BY RESPONDENT SUBSEQUENT TO THE NOVEMBER 7, 2023, INSPECTION, THE EPA ALLEGES THAT RESPONDENT, ACTING IN ITS CAPACITY AS A LESSOR AND AN AGENT CONCERNING THE LEASING OF THE TARGET HOUSING DESCRIBED IN PARAGRAPH 37, FAILED TO: A. INCLUDE AS AN ATTACHMENT OR WITHIN THE CONTRACT TO LEASE TARGET HOUSING, THE APPROPRIATE LEAD WARNING STATEMENT, IN VIOLATION OF 40 C.F.R. ? 745.113(B)(1); B. 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 OF LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS, IN VIOLATION OF 40 C.F.R. ? 745.113(B)(2); C. 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 D. 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). BASED ON THE EPA?S REVIEW OF THE RECORDS SUBMITTED BY RESPONDENT SUBSEQUENT TO THE NOVEMBER 7, 2023 INSPECTION, THE EPA ALLEGES THAT AT THE TIME RESPONDENT WAS PERFORMING THE RENOVATION OF THE PROPERTY AS SET FORTH IN PARAGRAPH 39, RESPONDENT HAD NOT OBTAINED FIRM CERTIFICATION TO PERFORM RENOVATIONS FOR COMPENSATION, IN VIOLATION OF 40 C.F.R. ?? 745.81(A)(2)(II) AND 745.89(A)(1).

Defendants (1)

• FYVE SOUTH CAROLINA, LLC D/B/A FYVE REALTYNamed in complaintNamed in settlement

Facilities (3)

• FYVE SOUTH CAROLINA, LLC DBA FYVE REALTY (TARGET HOUSING)

  5902 PARK STREET, HANAHAN, SC, 29410

  Registry ID: 110071819645

• FYVE SOUTH CAROLINA, LLC DBA FYVE REALTY (TARGET HOUSING)

  2657 OREGON AVENUE, NORTH CHARLESTON, SC, 29405

  Registry ID: 110071819646

• FYVE SOUTH CAROLINA, LLC DBA FYVE REALTY

  3300 WEST MONTAGUE AVENUE, #227, NORTH CHARLESTON, SC, 29418

  Registry ID: 110071537807

Statutes cited

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

Enforcement conclusions (1)

• FYVE SOUTH CAROLINA, LLC D/B/A FYVE REALTYentered 2024-08-19

  Primary law: TSCA

  Federal penalty: $6,400

Timeline (3 milestones)

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