EPA v. U.S. DEPT. OF NAVY, KINGSVILLE NAVAL AIR STATION, THE

Case summary

1. SECTION 16 OF THE TOXIC SUBSTANCE CONTROL ACT ( TSCA ), AS AMENDED, 15 U.S.C. SECTION 2615. 2. THE UNITED STATES DEPARTMENT OF NAVY, KINGSVILLE NAVAL AIR STATION 201 NIMITZ AVENUE KINGSVILLE, KLEBERG COUNTY, TEXAS 78363 3. RESPONDENT WAS IN VIOLATION OF SECTION 409 OF TSCA BY (1) FAILING TO PROVIDE COPY OF AN EPA-APPROVED LEAD HAZARD INFORMATION PAMPHLET TO EACH OF THE LESSEES REFERENCED IN COMPLAINT; (2) FAILING TO INCLUDE A LEAD WARNING STATE- MENT IN EACH CONTRACT TO LEASE; (3) FAILING TO INCLUDE IN EACH CONTRACT TO LEASE, AS AN ATTACHMENT OR WITHIN THE CONTRACT, A STATEMENT BY THE LESSOR DISCLOSING EITHER THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING OR A LACK OF KNOW- LEDGE OF SUCH PRESENCE; (4) FAILING TO INCLUDE IN EACH CONTRACT TO LEASE, AS AN ATTACHMENT OR IN THE CONTRACT, A LIST ANY RECORDS OR REPORTS AVAILABLE TO THE LESSORR PER- TAINING TO LEAD-BASED PAINT AND/OT LEAD-BASED PAINT HAZ- ARDS IN THE HOUSING THAT HAD BEEN PROVIDED TO THE LESSEE OR A STATEMENT THAT NO SUCH RECORDS WERE AVAILABLE; (5) FAILING TO INCLUDE IN EACH CONTRACT TO LEASE, AS AN AT- TACHMENT OR WITHIN THE CONTRACT, A STATEMENT BY THE LES- SEE, AFFIRMING RECEIPT OF THE INFORMATION SET OUT IN THE REGULATIONS AND THE LEAD HAZARD INFORMATION PAMPHLET; AND (6) FAILING TO INCLUDE IN EACH CONTRACT TO LEASE, AS AN ATTACHMENT OR WITHIN THE CONTRACT, THE SIGNATURES OF THE LESSOR AND LESSEE, ALONG WITH THE DATE, CERTIFYING TO THE ACCURACY OF THEIR STATEMENTS. 4. RELIEF SOUGHT PURSUANT TO SECTION 16 OF TSCA, EPA PRO- POSED A CIVIL PENALTY OF $408,375 FOR THE VIOLATIONS CITED.

Defendants (1)

• U.S. DEPT. OF NAVY, KINGSVILLE NAVAL AIRNamed in complaint

Facilities (1)

• KINGSVILLE NAVAL AIR STA

  201 NIMITZ AVENUE, KINGSVILLE, TX, 78363

  Registry ID: 110002047115

Statutes cited

• TSCA OTHER — Violations not covered elsewhere

Enforcement conclusions (1)

• **PROPOSED SETTLEMENT**

  Primary law: TSCA

Timeline (2 milestones)

• 1998-07-28Complaint Filed/Proposed Order
• 1998-07-30Enforcement Action Data Entered