EPA v. EVERNEST HOLDINGS, LLC F/K/A POPLAR HOMES SOUTH CAROLINA,LLC

Case summary

9/17/2025 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $13,850.00 TO BE PAID IN 30 DAYS AFTER THE EFFECTIVE DATE OF THIS CAFO. ALLEGED VIOLATIONS: ON JUNE 27, 2024, AN INSPECTOR WITH THE EPA CONDUCTED AN INSPECTION AT POPLAR HOMES? PLACE OF BUSINESS LOCATED AT 4000 SOUTH SABER DRIVE, SUITE 300, NORTH CHARLESTON, SOUTH CAROLINA 29405, FOR THE PURPOSE OF EVALUATING POPLAR HOMES? COMPLIANCE WITH THE REQUIREMENTS OF 40 C.F.R. PART 745, SUBPARTS E AND F. AT THE TIME OF THE INSPECTION, THE EPA INSPECTOR REQUESTED COPIES OF POPLAR HOMES? RECORDS IN ORDER FOR THE EPA TO EVALUATE POPLAR HOMES? COMPLIANCE WITH 40 C.F.R. PART 745, SUBPARTS E AND F. POPLAR HOMES? REPRESENTATIVE STATED THAT THE RECORDS WERE NOT AVAILABLE AT THAT TIME BUT WOULD BE PROVIDED TO THE EPA AFTER THE INSPECTION. ON JULY 18, 2024, POPLAR HOMES SUBMITTED RECORDS TO THE EPA FOR REVIEW TO EVALUATE ITS COMPLIANCE WITH 40 C.F.R. PART 745, SUBPARTS E AND F. BASED ON THE EPA?S REVIEW OF THE RECORDS SUBMITTED BY POPLAR HOMES SUBSEQUENT TO THE EPA?S INSPECTION, THE EPA ALLEGES THAT POPLAR HOMES IN ITS CAPACITY AS AN AGENT CONCERNING THE LEASING OF TARGET HOUSING DESCRIBED IN PARAGRAPH 30 OF THIS CAFO, FAILED TO: A. PROVIDE THE LESSEES OF THE PROPERTIES WITH THE EPA-APPROVED LEAD HAZARD INFORMATION PAMPHLET PRIOR TO THE LESSEES BECOMING OBLIGATED UNDER THE LEASES IN VIOLATION OF 40 C.F.R. ? 745.107(A)(1); B. INCLUDE AS AN ATTACHMENT OR WITHIN THE CONTRACTS 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 CONTRACTS 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 CONTRACTS 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 POPLAR HOMES? RECORDS, THE EPA ALLEGES THAT PRIOR TO, AND AFTER ENTERING INTO THE PROPERTY MANAGEMENT AGREEMENTS DESCRIBED WHEREBY POPLAR HOMES OFFERED TO PERFORM AND WAS AUTHORIZED TO PERFORM RENOVATIONS FOR COMPENSATION, POPLAR HOMES FAILED TO APPLY TO THE EPA AND OBTAIN FIRM CERTIFICATION, IN VIOLATION OF 40 C.F.R. ?? 745.81(A)(2)(II) AND 745.89(A)(1).

Defendants (1)

• EVERNEST HOLDINGS, LLC F/K/A POPLAR HOMES SOUTH CANamed in complaintNamed in settlement

Facilities (3)

• POPLAR HOMES SOUTH CAROLINA LLC (TARGET HOUSING)

  125 MELLARD DRIVE, GOOSE CREEK, SC, 29445

  Registry ID: 110072071597

• POPLAR HOMES SOUTH CAROLINA LLC (TARGET HOUSING)

  2046 GREEN PARK AVENUE, CHARLESTON, SC, 29414

  Registry ID: 110072071598

• POPLAR HOMES SOUTH CAROLINA LLC

  4000 SOUTH FABER DRIVE, SUITE 300, CHARLESTON, SC, 29405

  Registry ID: 110071752854

Statutes cited

• TSCA 1018 — Lead: Disclosure
• TSCA 406B — Lead: Pre-Renovation Education Rule
• TSCA 402C — Lead: RRP

Enforcement conclusions (1)

• EVERNEST HOLDINGS, LLC F/K/A POPLAR HOMES SOUTH CAROLINA,LLCentered 2025-09-17

  Primary law: TSCA

  Federal penalty: $13,850

Timeline (4 milestones)

• 2025-09-17Complaint Filed/Proposed Order
• 2025-09-17Final Order Issued
• 2025-09-22Enforcement Action Data Entered
• 2025-10-17Enforcement Action Closed