EPA v. PERRY M PERRICONE

Case summary

01/03/01: FAILURE TO PROVIDE LEAD-BASED PAINT HAZARD INFORMATION. 5/22/01: ON NOVEMBER 21, 2000, THE U.S. ENVIRONMENTAL PROTE CTION AGENCY, REGIONVII ( EPA ), FILED A COMPLAINT AGAINST P ERRY M. PERRICONE OF ST. LOUIS, MISSOURI, FOR ONE VIOLATION OF THE REGULATIONS FOUND AT 40 C.F.R. PART 745, SUBPART F, D ISCLOSURE OF KNOWN LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS UPON SALE OR LEASE OF RESIDENTIAL PROPERTY ( DISCLOS URE RULE ), WHICH WERE PROMULGATED PURSUANT TO SECTION 1018 OF THE RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION ACT OF 1992, 42 U.S.C. a 4851 ET SEQ, AND ARE ENFORCEABLE UNDER SEC TION 409 OF THE TOXIC SUBSTANCES CONTROL ACT, ( TSCA ), 15 U S.C. a 2689. IN THE COMPLAINT, EPA ALLEGED THAT THE RESPON DENT FAILED TO PROVIDE A FAMILY WITH THE EPA-APPROVED LEAD H AZARD INFORMATION PAMPHLET PRIOR TO THEIR BEING OBLIGATED UN DER A LEASE.AFTER MOVING INTO THE UNIT, THE TENANTS' TWO-YEA R OLD CHILD WAS DIAGNOSED WITH LEAD POISONING. IN ACCORDANC E WITH THE SECTION 1018 - DISCLOSURE RULE ENFORCEMENT RESPONSE POLICY ( ERP ), THE COM PLAINT PROPOSED A CIVIL PENALTY OF $11,000 FOR THIS VIOLATIO N. DURING THE COURSE OF SETTLEMENT NEGOTIATIONS, THE RESPON DENT CLAIMED AN INABILITY TO PAY THE PROPOSED $11,000 PENALT Y. EPA THEN CONDUCTED AN ABILITY TO PAY ANALYSIS AND DETERM INED THAT THE RESPONDENT WOULD HAVE A SUBSTANTIAL DIFFICULTY PAYING THE $11,000 PROPOSED PENALTY. THE RESPONDENT CAME I NTO COMPLIANCE WITH THE DISCLOSURE RULE REQUIREMENTS BY PROV IDING DISCLOSURE FORMS TO ALL OF HIS CURRENT TENANTS AND WAS COOPERATIVE THROUGHOUT THE ENFORCEMENT PROCESS. WITH THE A BILITY TO PAY REDUCTION IN THE PENALTY, THE CONSENT AGREEMEN T AND FINAL ORDER FILED ON MAY 22, 2001, REQUIRES THE RESPON DENT TO PAY A MITIGATED CIVIL PENALTY OF $300. 5/11/01: A CHECK, NUMBER 0001141524 WAS RECEIVED IN THE AMOUNT OF $300. THE PENALTY IS PAID IN FULL AND THE CASE IS CLOSED.

Defendants (1)

• PERRY M PERRICONENamed in complaintNamed in settlement

Facilities (1)

• PERRY M PERRICONE

  3444 S JEFFERSON AVE, SAINT LOUIS, MO, 63118

  Registry ID: 110010756100

Statutes cited

• TSCA OTHER — Violations not covered elsewhere

Enforcement conclusions (1)

• PERRY M PERRICONEentered 2001-05-22

  Primary law: TSCA

  Federal penalty: $300

Timeline (4 milestones)

• 2000-11-21Complaint Filed/Proposed Order
• 2001-01-03Enforcement Action Data Entered
• 2001-05-22Final Order Issued
• 2001-05-22Enforcement Action Closed