EPA v. TRUZZIE HOWARD REAL ESTATE

Case summary

1. SECTION 16 OF THE TOXIC SUBSTANCES CONTROL ACT ( TSCA ), 15 U.S.C. SECTION 2615. 2. TRUZZIE HOWARD REAL ESTATE 2511 TEXAS DRIVE #101 IRVING, DALLAS COUNTY, TEXAS 75062-7023 3. RESPONDENT WAS IN VIOLATION OF SECTION 409 OF TSCA BY: I) FAILURE TO ATTACH A STATEMENT DISCLOSING EITHER THE PRE- SENCE OF ANY KNOWN PEAD-BASED PAINT AND/OR LEAD-BASED 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 INCLUDE AS AN ATTACHMENT, A STATEMENT BY THE PURCHASER, INDICATING THAT THE PURCHASER HAS EITHER RECEIVED THE OP- PORTUNITY TO CONDUCT A RISK ASSESSMENT OR WAIVED SUCH AN OPPORTUNITY; IV) FAILURE TO INCLUDE IN THE CONTRACT A STATEMENT BY THE PURCHASER AFFIRMING RECEIPT OF THE IN- FORMATION REQUIRED AND THE LEAD HAZARD INFORMATION PAM- PHLET; AND V) FAILURE TO INCLUDE THE SIGNATURES CERTIFY- ING 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 $2,530 FOR THE VIOLATIONS CITED.

Defendants (1)

• TRUZZIE HOWARD REAL ESTATENamed in complaintNamed in settlement

Facilities (1)

• TRUZZIE HOWARD REAL ESTATE

  2511 TEXAS DR #101, IRVING, TX, 750627023

  Registry ID: 110012287391

Statutes cited

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

Enforcement conclusions (1)

• TRUZZIE HOWARD REAL ESTATEentered 2002-06-10

  Primary law: TSCA

  Federal penalty: $1,771

Timeline (5 milestones)

• 2002-03-29Complaint Filed/Proposed Order
• 2002-04-02Enforcement Action Data Entered
• 2002-06-10Final Order Issued
• 2002-06-10Compliance Achieved
• 2002-07-01Enforcement Action Closed