E9-31184. Notice of Lodging of Consent Decree Under the Residential Lead-Based Paint Hazard Reduction Act

Notice is hereby given that on December 28, 2009, a proposed Consent Decree in United States v. Jose and Guillermina Sierra, Civil Action No. 1:09-CV-1149, was lodged with the United States District Court for the Western District of Michigan, Southern Division. The consent decree settles claims against the owner and management company of 32 residential properties containing approximately 67 units located in the area of Grand Rapids, Michigan. The claims were brought on behalf of the Environmental Protection Agency (“U.S. EPA”) and the Department of Housing and Urban Development (“HUD”) under the Residential Lead-Based Paint Hazard Reduction Act, 42 U.S.C. 4851 et seq. (“Lead Hazard Reduction Act”). The United States alleged in the complaint that the defendant failed to make one or more of the disclosures or to complete one or more of the disclosure activities required by the Lead Hazard Reduction Act.

Under the Consent Decree, the Defendants will certify that they are complying with residential lead paint notification requirements. The Defendants will submit an on-going operations and maintenance plan and will complete abating lead-based paint hazards identified in all residential properties owned by the Sierras that are not certified lead-based paint free. In addition, Defendant will pay an administrative penalty of $6,000.

The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the Proposed Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and either e-mailed to [e-mail] or mailed to U.S. Department of Justice, P.O. Box 7611, Washington, DC 20044-7611, and should refer to United States v. Jose and Guillermina Sierra, D.J. Ref. #90-5-1-1-09219.

The Proposed Consent Decree may be examined at the Department of Housing and Urban Development, Office of General Counsel, 451 7th St., NW., Room 9262, Washington, DC 20410; at the office of the United States Attorney for the Western District of Michigan, Post Office Box 208, Grand Rapids, MI 49501-0208 (Attn. Assistant United States Attorney J. Joseph Rossi); and at U.S. EPA Region 5, 77 W. Jackson Blvd., Chicago, IL 60604. During the public comment period, the Consent Decree may also be examined on the following Department of Justice Web site, to http://www.usdoj.gov/​enrd/​Consent_​Decrees.html. A copy of the Consent Decree may also be obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611 or by faxing or e-mailing a request to Tonia Fleetwood ([e-mail]), fax no. [phone], phone confirmation number [phone]. In requesting a copy from the Consent Decree Library, please enclose a check in the amount of $9.00 (25 cents per page reproduction cost) payable to the U.S. Treasury or, if by e-mail or fax, forward a check in that amount to the Consent Decree Library at the stated address.

Maureen Katz,

Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division.