EPA v. BUENO AND FINNICK, INC. DBA RE-MAX CENTER

Case summary

9/9/2024 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $7300 DUE WITHIN 30 DAYS AFTER THE EFFECTIVE DATE OF THIS CAFO. ALLEGED VIOLATIONS: ON JULY 13, 2023, AN INSPECTOR WITH THE EPA CONDUCTED AN INSPECTION AT RESPONDENT?S PLACE OF BUSINESS LOCATED AT 1140 OLD PEACHTREE ROAD, SUITE D, DULUTH, GEORGIA 30097, FOR THE PURPOSE OF EVALUATING RESPONDENT?S COMPLIANCE WITH THE REQUIREMENTS OF 40 C.F.R. PART 745, SUBPART F. SUBSEQUENT TO THE INSPECTION, ON NOVEMBER 10, 2023, THE EPA RECEIVED INFORMATION WHICH INDICATED THAT RESPONDENT MAY NOT HAVE BEEN IN COMPLIANCE WITH 40 C.F.R. PART 745, SUBPART F. MORE SPECIFICALLY, THE INFORMATION INVOLVING LEASED PROPERTY ON NOVEMBER 2, 2020, AT 5503 BISHOPS CIRCLE, UNIT A, NORCROSS, GEORGIA 30093 BASED ON A REVIEW OF INFORMATION RECEIVED BY THE EPA AS DESCRIBED IN SECTION IV, THE EPA HAS DETERMINED THAT PRIOR TO OFFERING AND ENTERING INTO A CONTRACT FOR LEASE OF THE PROPERTY, RESPONDENT FAILED TO: A. PROVIDE THE LESSEE WITH THE EPA-APPROVED LEAD HAZARD INFORMATION PAMPHLET, IN VIOLATION OF 40 C.F.R. ? 745.107(A)(1); B. 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); 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 OF LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS, IN VIOLATION OF 40 C.F.R. ? 745.113(B)(2); 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 HAS INFORMED THE LESSOR OF THE LESSOR?S OBLIGATIONS, AND THAT THE AGENT IS AWARE OF HIS DUTY TO ENSURE COMPLIANCE, IN VIOLATION OF 40 C.F.R. ? 745.113(B)(5).

Defendants (1)

• BUENO AND FINNICK, INC. DBA RE-MAX CENTERNamed in complaintNamed in settlement

Facilities (2)

• BUENO AND FINNICK, INC. DBA RE-MAX CENTER (TARGET HOUSING)

  5503 BISHOPS CIRCLE, UNIT A, NORCROSS, GA, 30093

  Registry ID: 110071846031

• BUENO AND FINNICK, INC. DBA RE-MAX CENTER

  1140 OLD PEACHTREE ROAD, DULUTH, GA, 30097

  Registry ID: 110071442339

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• BUENO AND FINNICK, INC. DBA RE-MAX CENTERentered 2024-09-09

  Primary law: TSCA

  Federal penalty: $7,300

Timeline (3 milestones)

• 2024-09-09Final Order Issued
• 2024-09-09Complaint Filed/Proposed Order
• 2024-09-22Enforcement Action Data Entered