EPA v. EXCALIBUR HOMES, LLC

Case summary

9/3/2025 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $4,300.00 TO BE PAID IN 30 DAYS AFTER THE EFFECTIVE DATE OF THIS CAFO. ALLEGED VIOLATIONS: ON AUGUST 23, 3024, AN INSPECTOR WITH THE EPA CONDUCTED AN INSPECTION AT RESPONDENT?S OFFICE LOCATED AT 2855 MARCONI DRIVE, SUITE 310, ALPHARETTA, GEORGIA 30005, 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 INSPECTOR REQUESTED COPIES OF RESPONDENT?S RECORDS TO EVALUATE ITS COMPLIANCE WITH 40 C.F.R. PART 745, SUBPART F. RESPONDENT ADVISED THE INSPECTOR THAT THE REQUESTED RECORDS WERE NOT PRESENT AT THE OFFICE AT THAT TIME BUT WOULD BE SUBMITTED AFTER THE INSPECTION. SUBSEQUENT TO THE INSPECTION, ON MULTIPLE DATES, RESPONDENT SUBMITTED RECORDS TO THE EPA FOR REVIEW TO EVALUATE ITS COMPLIANCE WITH 40 C.F.R. PART 745, SUBPART F. BASED ON THE EPA?S REVIEW OF THE RECORDS SUBMITTED BY RESPONDENT, THE EPA ALLEGES THE FOLLOWING: - THAT RESPONDENT, IN ITS CAPACITY AS AN AGENT CONCERNING THE SALE OF TARGET HOUSING DESCRIBED IN PARAGRAPH 27, FAILED TO INCLUDE AS AN ATTACHMENT TO THE CONTRACT TO SELL TARGET HOUSING, A STATEMENT BY THE PURCHASER AFFIRMING RECEIPT OF THE REQUIRED LEAD HAZARD PAMPHLET, IN VIOLATION OF 40 C.F.R. ? 745.113(A)(4). - BASED ON THE EPA?S REVIEW OF THE RECORDS SUBMITTED BY RESPONDENT, THE EPA ALLEGES THAT RESPONDENT, IN ITS CAPACITY AS AN AGENT CONCERNING THE LEASING OF TARGET HOUSING DESCRIBED IN PARAGRAPH 28 OF THIS CAFO, 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); AND C) 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 THEIR DUTY TO ENSURE COMPLIANCE, IN VIOLATION OF 40 C.F.R. ? 745.113(B)(5).

Defendants (1)

• EXCALIBUR HOMES, LLCNamed in complaintNamed in settlement

Facilities (3)

• EXCALIBUR HOMES, LLC (TARGET HOUSING)

  3433 KESWICK DRIVE, CHAMBLEE, GA, 30341

  Registry ID: 110072071582

• EXCALIBUR HOMES, LLC

  2855 MARCONI DRIVE, SUITE 310, ALPHARETTA, GA, 30005

  Registry ID: 110071819685

• EXCALIBUR HOMES, LLC (TARGET HOUSING)

  1010 SCOTT BOULEVARD, APT. D8, DECATUR, GA, 30030

  Registry ID: 110072071581

Statutes cited

• TSCA 1018 — Lead: Disclosure

Enforcement conclusions (1)

• EXCALIBUR HOMES, LLCentered 2025-09-03

  Primary law: TSCA

  Federal penalty: $4,300

Timeline (3 milestones)

• 2025-09-03Final Order Issued
• 2025-09-03Complaint Filed/Proposed Order
• 2025-09-18Enforcement Action Data Entered