[Federal Register Volume 73, Number 30 (Wednesday, February 13, 2008)]
[Notices]
[Pages 8364-8365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-2579]


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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 that on January 28, 2008 a proposed Consent 
Decree in United States v. VIP Properties, LLC, George L. and Toni 
Dufour Living Trust, Edward Anderson d/b/a Edric Associates, 50th Penn, 
LLC, David C. Brown, Hillsboro Homes, LLC, Richard O. Hanousek, Victor 
Yalom, Bisanz Family Limited and Jersey Company, Civil Action No. 08-
CV-246 (PJS/RLE) was lodged with the United States District Court for 
the District of Minnesota.
    The consent decree settles claims against the owners and management 
company of approximately 10 residential properties containing 
approximately 292 units located in the area of Minneapolis and St. 
Paul, Minnesota. 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. They 
also have agreed to hire contractors to complete risk assessments and 
have agreed to abate all lead-based paint hazards identified in all of 
the residential properties managed by VIP. Defendants will pay a civil 
penalty of $7,500. In addition, Defendants have agreed to perform a 
child health improvement project (``CHIP'') designed to reduce 
incidences of childhood lead poisoning in the Twin Cities metropolitan 
area where Defendants' housing properties are located at a cost of 
$50,000. Specifically, Defendants will work with the St. Paul Health 
Department and a not-for-profit community development organization to 
replace all of the windows in at least 35 properties in very low 
income, owner-occupied homes with children under the age of 6 in the 
Thomasdale, Rice Street, and Lower East Side of St. Paul neighborhoods.
    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 [email protected] or mailed to U.S. 
Department of Justice, Washington, DC 20044-7611 P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
United States v. VIP Properties, et al., D.J. Ref.  90-5-2-1-
09280.
    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

[[Page 8365]]

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 
([email protected]), fax no. (202) 514-0097, phone confirmation 
number (202) 514-1547. In requesting a copy from the Consent Decree 
Library, please enclose a check in the amount of $9.75 (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.

Karen Dworkin,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. E8-2579 Filed 2-12-08; 8:45 am]
BILLING CODE 4410-15-P