EPA v. BELLEFLOWER REALTY

Case summary

1. SECTION 16 OF THE TOXIC SUBSTANCES CONTROL ACT, AS AMEND- ED ( TSCA ), 15 U.S.C. SECTION 2615. 2. BELLEFLOWER REALTY FACILITIES: 1) 11005 HAINES NE ALBUQUERQUE, BERNALILLO CO., NM 87102 2) 1909 SANCHEZ ROAD SW ALBUQUERQUE, BERNALILLO CO., NM 87102 3) 8316 PORTALES NE ALBUQUERQUE, BERNALILLO CO., NM 87102 4) 812 VALENCIA NE ALBUQUERQUE, BERNALILLO CO., NM 87108 3. RESPONDENT WAS IN VIOLATION OF SECTION 409 OF TSCA BY: I) FAILURE TO ATTACH A STATEMENT DISCLOSING EITHER THE PRE- SENCE OF ANY 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; II) FAILURE TO PERMIT THE RISK ASSESSMENT; III) FAILURE TO ATTACH A STATEMENT BY THE PURCHASER, INDICATING THAT THE PURCHASER HAS EITHER RECEIVED THE OPPORTUNITY TO CONDUCT RISK ASSESSMENT OR WAIVED SUCH AN OPPORTUNITY; IV) FAIL- URE TO INCLUDE IN THE CONTRACT A STATEMENT BY THE PUR- CHASER AFFIRMING RECEIPT OF THE INFORMATION REQUIRED AND THE LEAD HAZARD INFORMATION PAMPHLET REQUIRED; V) FAILURE TO INCLUDE AS AN ATTACHMENT, A LIST OF ANY RECORDS OR RE- PORTS, AVAILABLE TO THE SELLER REGARDING LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING, OR A STATEMENT THAT NO SUCH RECORDS EXIST; AND VI) FAILURE TO INCLUDE THE SIGNATURES CERTIFYING 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 $4,070 FOR THE VIOLATIONS CITED.

Defendants (1)

• BELLEFLOWER REALTYNamed in complaintNamed in settlement

Facilities (4)

• BELLEFLOWER REALTY

  8316 PORTALES NE, ALBUQUERQUE, NM, 87102

  Registry ID: 110012286338

• BELLEFLOWER REALTY

  11005 HAINES NE, ALBUQUERQUE, NM, 87102

  Registry ID: 110012286301

• BELLEFLOWER REALTY

  1909 SANCHEZ RD SW, ALBUQUERQUE, NM, 87102

  Registry ID: 110012286310

• BELLEFLOWER REALTY

  812 VALENCIA NE, ALBUQUERQUE, NM, 87108

  Registry ID: 110012286329

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• Belleflower Realtyentered 2004-07-27

  Primary law: TSCA

  Federal penalty: $4,070

Timeline (7 milestones)

• 2002-03-15Complaint Filed/Proposed Order
• 2002-03-17Enforcement Action Data Entered
• 2004-07-27Administrative Hearing
• 2004-07-27Final Order Issued
• 2004-07-27Compliance Achieved
• 2004-07-27Admin Law Judge Decision
• 2006-07-28Enforcement Action Closed