EPA v. TOPLETZ INVESTMENTS

Case summary

'1. SECTION 16 OF THE TOXIC SUBSTANCES CONTROL ACT ( TSCA ), 15 U.S.C. SECTION 2615. 2. TOPLETZ INVESTMENTS 7509 INWOOD ROAD #301 DALLAS, DALLAS COUNTY, TEXAS 75209 3. RESPONDENT WAS IN VIOLATION OF SECTION 409 OF TSCA BY: I) FAILURE TO PROVIDE THE LEAD INFORMATION PAMPHLET AS RE- QUIRED; 11) FAILURE TO INCLUDE AN ATTACHED LEAD WARNING STATEMENT AS REQUIRED; III) FAILURE TO INCLUDE A STATE- MENT DISCLOSING THE PRESENCE OF KNOWN LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS OR INDICATING NO KNOW- LEDGE OF LEAD-BASED PAINT AND/OR LAED-BASED PAINT HAZ- ARDS; IV) FAILURE TO ATTACH A LIST OF ANY RECORDS OR RE- PORTS, AVAILABLE TO THE LESSOR REGARDING LEAD-BASED PAINTS AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING OR A STATEMENT THAT NO SUCH RECORDS EXIST; V) FAILURE TO INCLUDE IN EACH OF THE AGREEMENTS TO LEASE TARGET HOUSING, AS AN ATTACHMENT, A STATEMENT BY THE LES- SEE AFFIRMING RECEIPT OF THE INFORMATION SET OUT IN PARA- GRAPHS (B)(2) AND (B)(3) AND THE LEAD HAZARD INFORMATION PAMPHLET AS REQUIRED; AND VI) FAILURE TO INCLUDE IN EACH OF THE AGREEMENTS TO LEASE TARGET HOUSING, SIGNATURES OF THE LESSEE AND LESSOR CERTIFYING TO THE ACCURACY OF THEIR STATEMENTS ALONG WITH THE DATES OF SIGNATURES. 4. RELIEF SOUGHT PURSUANT TO SECTION 16 OF TSCA, EPA PRO- POSED A CIVIL PENALTY OF $238,700 FOR THE VIOLATIONS CITED.'

Defendants (1)

• TPOLETZ INVESTMENTSNamed in complaintNamed in settlement

Facilities (1)

• TOPLETZ INVESTMENTS

  7509 INWOOD RD, #301, DALLAS, TX, 75209

  Registry ID: 110010778195

Statutes cited

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

Enforcement conclusions (1)

• TOPLETZ INVESTMENTSentered 2002-06-19

  Primary law: TSCA

  Federal penalty: $31,955

Timeline (4 milestones)

• 2001-06-27Complaint Filed/Proposed Order
• 2001-06-28Enforcement Action Data Entered
• 2002-06-19Final Order Issued
• 2002-07-17Enforcement Action Closed