EPA v. DWYER REAL ESTATE & DEVELOPMENT, INC.

Case summary

1. SECTION 16 OF THE TOXIC SUBSTANCES CONTROL ACT, AS AMEND- ED ( TSCA ), 15 U.S.C. SECTION 2615. 2. DWYER REAL ESTATE & DEVELOPMENT, ICN., A TEXAS CORP. 1010 NORTH UNIVERSITY PARKS DRIVE WACO, MCLENNAN COUNTY, TEXAS 76707 3. RESPONDENT WAS IN VIOLATION OF SECTION 409 OF TSCA BY: I) FAILING TO PROVIDE THE LEAD INFORMATION PAMPHLET TO THE LESSEES PRIOR TO THE EXECUTION OF THE LEASE; II) FAILING TO ATTACH LEAD WARNING STATEMENT TO EACH OF THE CONTRACTS TO LEASE TARGET HOUSING; III) FAILURE TO INCLUDE AN AT- TACHMENT IN EACH OF THE CONTRACTS TO LEASE TARGET HOUSING FROM THE AGENT THAT HE/SHE HAS INFORMED THE LESSOR OF THE LESSOR'S OBLIGATIONS AND AND THE AGENT IS AWARE OF HIS/ HER DUTY TO ENSURE COMPLIANCE; AND IV) FAILURE TO INCLUDE AS AN ATTACHMENT, A LIST OF ANY RECORDS OR REPORTS, A- VAILABLE 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. 4. RELIEF SOUGHT PURSUANT TO SECTION 16 OF TSCA, EPA PRO- POSED A CIVIL PENALTY OF 11,880 FOR THE VIOLATIONS CITED.

Defendants (1)

• DWYER REAL ESTATE & DEVELOPMENT, INC.Named in complaintNamed in settlement

Facilities (1)

• DWYER REAL ESTATE & DEVELOPMENT, INC.

  1010 N UNIVERSITY PARKS DR, WACO, TX, 76707

  Registry ID: 110011413951

Statutes cited

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

Enforcement conclusions (1)

• Dwyer Real Estate & Development, Inc.entered 2002-07-31

  Primary law: TSCA

  Federal penalty: $3,604

Timeline (5 milestones)

• 2001-09-24Complaint Filed/Proposed Order
• 2001-09-25Enforcement Action Data Entered
• 2002-07-31Final Order Issued
• 2002-07-31Compliance Achieved
• 2002-09-17Enforcement Action Closed