[Federal Register Volume 71, Number 21 (Wednesday, February 1, 2006)]
[Notices]
[Pages 5379-5380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-927]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree under the Residential Lead-
Based Paint Hazard Reduction Act

    Notice is hereby given on December 9, 2005, a proposed consent 
decree in United States v. V.T. Fallon dba VTF Properties, Civil Action 
No. 05-2830 RJL/AKB, was lodged with the United States District Court 
for the District of Minnesota.
    The consent decree settles claims against the owner and management 
company of approximately eleven

[[Page 5380]]

residential properties containing approximately 124 units located in 
Minneapolis, Minnesota. The claims were brought on behalf of the 
Department of Housing and Urban Development (``HUD'') and the 
Environmental Protection Agency (``EPA'') 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, defendant will certify that he is 
complying with residential lead paint notification requirements. He has 
agreed to hire contractors to complete risk assessments and has agreed 
to abate all lead-based paint hazards identified in all residential 
properties he owns and manages. Defendant is required to complete 
abatement of one-fifth of his portfolio each year, and to complete all 
required hazard abatement activities within five years after HUD and 
EPA approve Defendant's hazard abatement plan. The schedule for hazard 
abatement will be accelerated to require completion of abatement in any 
unit within five months of Defendant learning about the presence of a 
child with an elevated blood-lead level (in addition to the requirement 
to comply immediately with any abatement order issued by a local 
government which requires any immediate measures to protect a poisoned 
child).
    In addition, Defendant will pay a civil penalty of $7,500 to the 
United States. Defendant will also perform a child health improvement 
project of $50,000 to provide for a mobile testing vehicle to conduct 
lead screening and testing of children in the Minneapolis-St. Paul area 
within two years after entry of the Consent Decree.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the consent 
decree. Comments should be addressed to the Assistant Attorney General 
of the Environmental and Natural Resources Division, Department of 
Justice, P.O. Box 7611, Washington, DC 20044-7611, and should refer to 
United States v. V.T. Fallon dba VTF Properties, D.J. 90-5-2-
1-08752.
    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 District of Minnesota, 600 U.S. Courthouse, 300 
South Fourth Street, Minneapolis, Minnesota, 55415 (Attn. Assistant 
United States Attorney Gregory G. Brooker); 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, http://www.usdoj.gov/enrd/open.html. 
Copies 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 ([email protected]), fax no (202) 514-0097, phone 
confirmation number (202) 514-1547. In requesting a copy please refer 
to the referenced case and enclose a check in the amount of $10.25 (25 
cents per page reproduction costs), payable to the U.S. Treasury for 
the consent decree in United States v. V.T. Fallon dba VTF Properties, 
D.J. 90-5-2-1-08752.

Karen S. Dworkin,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 06-927 Filed 1-31-06:8:45 am]
BILLING CODE 4410-15-M