EPA v. SAN-TEX LUMBER COMPANY, INC. D/B/A/ ALL-STAR CONSTRUCTION CO

Case summary

1. SECTION 16 OF THE TOXIC SUBSTANCES CONTROL ACT ( TSCA ), AS AMENDED, 15 U.S.C. SECTION 2615. 2. SAN-TEX LUMBER COMPANY, INC. D/B/A ALL-STAR CONSTRUCTION COMPANY AND WEST SIDE BUILDERS, INC. 119 OLD CASTROVILLE ROAD SAN ANTONIO, BEXAR COUNTY, TEXAS 78207 3. RESPONDENT WAS IN VIOLATION OF SECTION 409 OF TSCA BY: 1) FAILURE TO PROVIDE LEAD HAZARD INFORMATION PAMPHLETS TO THE LESSEES; 2) FAILURE TO INCLUDE AS AN ATTACHMENT OR WITHIN THE CONTRACTS TO LEASE TARGET HOUSING THE LEAD WARNING STATEMENT AS REQUIRED; 3) FAILURE TO 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 OR INDICATING NO KNOWLEDGE OF THE PRESENCE OF LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS; AND 4) FAILURE TO INCLUDE AS AN ATTACHMENT OR WITHIN THE CONTRACTS A LIST OF ANY RECORDS OR REPORTS AVAILABLE TO THE LESSOR THAT PERTAIN TO LEAD HAZARD INFORMATION OR THE FAILURE TO IN- DICATE THAT NO SUCH LIST EXISTS. 4. RELIEF SOUGHT PURSUANT TO SECTION 16 OF TSCA, EPA PRO- POSED A CIVIL PENALTY OF $128,920 FOR THE VIOLATIONS CITED.

Defendants (1)

• SAN-TEX LUMBER COMPANYNamed in complaintNamed in settlement

Facilities (1)

• SAN-TEX LUMBER CO., INC.

  119 OLD CASTROVILLE RD, SAN ANTONIO, TX, 78207

  Registry ID: 110010781635

Statutes cited

• TSCA 406B — Lead: Pre-Renovation Education Rule
• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• SAN-TEX LUMBER COMPANY, INC. D/B/A/ ALL-STAR CONSTentered 2001-08-29

  Primary law: TSCA

  Federal penalty: $11,000 · SEP: $99,055

Timeline (5 milestones)

• 2000-09-26Complaint Filed/Proposed Order
• 2000-10-03Enforcement Action Data Entered
• 2001-08-29Final Order Issued
• 2001-08-29Compliance Achieved
• 2004-01-13Enforcement Action Closed