EPA v. JOHN AND CATHY RESTIVO

Case summary

1. SECTION 16 OF THE TOXIC SUBSTANCES CONTROL ACT, AS AMEND- ED ( TSCA ), 15 U.S.C. SECTION 2615. 2. JOHN AND CATHY RESTIVO 2024 EDNA WACO, MCLENNAN COUNTY, TEXAS 76710 3. RESPONDENTS WERE IN VIOLATION OF SECTION 409 OF TSCA BY: I) FAILURE TO PROVIDE THE LEAD INFORMATION PAMPHLET; II) FAILURE TO INCLUDE AN ATTACHED LEAD WARNING STATEMENT; III) FAILURE TO ATTACH A STATEMENT DISCLOSING EITHER THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT AND/OR LEAD-BASED HAZARDS OR INDICATING NO KNOWLEDGE OF THE PRESENCE OF LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS; IV) FAILURE TO PERMIT THE RISK ASSESSMENT; V) FAILURE TO IN- CLUDE AS AN ATTACHMENT, A STATEMENT BY THE PURCHASER, IN- DICATING THAT THE PURCHASER HAS EITHER RECEIVED THE OP- PORTUNITY TO CONDUCT A RISK ASSESSMENT OR WAIVED SUCH AN OPPORTUNITY; VI) FAILURE TO INCLUDE IN THE CONTRACT A STATEMENT BY THE PURCHASER AFFIRMING RECEIPT OF THE IN- FORMATION REQUIRED AND THE LEAD HAZARD INFORMATION RE- QUIRED; VII) FAILURE TO INCLUDE AS AN ATTACHMENT, A LIST OF ANY RECORDS OR REPORTS, AVAILABLE TO THE SELLER RE- GARDING LEAD-BASED PAINTS AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING OR A STATEMENT THAT NO SUCH RECORDS EXIST; AND VIII) FAILURE TO INCLUDE THE SIGNATURES CERT- IFYING TO THE ACCURACY OF THEIR STATEMENTS AS WELL AS DATES. 4. RELIEF SOUGHT PURSUANT TO SECTION 16 OF TSCA, EPA PRO- POSED A CIVIL PENALTY OF $6,050 FOR THE VIOLATIONS CITED.

Defendants (1)

• JOHN AND CATHY RESTIVONamed in complaintNamed in settlement

Facilities (1)

• JOHN AND CATHY RESTIVO

  2024 EDNA, WACO, TX, 76710

  Registry ID: 110010778220

Statutes cited

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

Enforcement conclusions (1)

• John and Cathy Restivoentered 2002-12-16

  Primary law: TSCA

  Federal penalty: $3,234

Timeline (5 milestones)

• 2001-09-28Complaint Filed/Proposed Order
• 2001-09-30Enforcement Action Data Entered
• 2002-12-16Final Order Issued
• 2002-12-16Compliance Achieved
• 2003-01-13Enforcement Action Closed