EPA v. HISTORIC CHARLESTON APARTMENTS, LLC

Case summary

9/17/2024 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $25,000 DUE WITHIN 30 DAYS AFTER THE EFFECTIVE DATE OF THIS CAFO. ALLEGED VIOLATIONS: ON NOVEMBER 6, 2023, PURSUANT TO ITS AUTHORITY UNDER SECTION 11 OF TSCA, 15 U.S.C. ? 2610, AN EPA INSPECTOR CONDUCTED AN INSPECTION AT RESPONDENT?S PLACE OF BUSINESS LOCATED AT 96 ? RUTLEDGE AVENUE, CHARLESTON, SOUTH CAROLINA 29401, FOR THE PURPOSE OF EVALUATING RESPONDENT?S COMPLIANCE WITH THE REQUIREMENTS OF 40 C.F.R. PART 745, SUBPART F. AT THE TIME OF THE INSPECTION, THE EPA INSPECTOR REQUESTED COPIES OF RESPONDENT?S RECORDS TO DETERMINE ITS COMPLIANCE WITH 40 C.F.R. PART 745, SUBPART F. RESPONDENT STATED THAT IT DID NOT HAVE SUCH RECORDS AVAILABLE IN THE OFFICE BUT WOULD SUBMIT RECORDS TO THE EPA AFTER THE INSPECTION. ON NOVEMBER 16, 2023, RESPONDENT SUBMITTED RECORDS TO THE EPA FOR REVIEW TO DETERMINE ITS COMPLIANCE WITH 40 C.F.R. PART 745, SUBPART F. BASED ON THE EPA?S REVIEW OF RESPONDENT?S RECORDS, THE EPA HAS DETERMINED THAT PRIOR TO OFFERING AND ENTERING INTO A CONTRACT FOR LEASE OF RESIDENTIAL DWELLINGS OF LOCATED AT 164 A-2, 164 A-3, 164 B-4, 164 C-3, 164 B-3, 164 A-1, 164 C-1, AND 164 D WENTWORTH STREET, CHARLESTON, SOUTH CAROLINA (TARGET HOUSING), RESPONDENT 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); AND 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).

Defendants (1)

• HISTORIC CHARLESTON APARTMENTS, LLCNamed in complaintNamed in settlement

Facilities (2)

• HISTORIC CHARLESTON APARTMENTS, LLC

  96 1/2 RUTLEDGE AVENUE, CHARLESTON, SC, 29401

  Registry ID: 110071537773

• HISTORIC CHARLESTON APARTMENTS, LLC (TARGET HOUSING)

  164 WENTWORTH STREET, CHARLESTON, SC, 29401

  Registry ID: 110071846080

Statutes cited

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

Enforcement conclusions (1)

• HISTORIC CHARLESTON APARTMENTS, LLCentered 2024-09-17

  Primary law: TSCA

  Federal penalty: $25,000

Timeline (3 milestones)

• 2024-09-17Final Order Issued
• 2024-09-17Complaint Filed/Proposed Order
• 2024-09-24Enforcement Action Data Entered