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Republication of Notice of Lodging of Consent Decrees Under the Lead-Based Paint Hazard Act

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

 [Federal Register: January 23, 2002 (Volume 67, Number 15)]
[Notices]
[Page 3233-3234]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23ja02-105]

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DEPARTMENT OF JUSTICE
 
Republication of Notice of Lodging of Consent Decrees Under the 
Lead-Based Paint Hazard Act

    Notice is hereby given that on October 9, 2001, a proposed consent 
decree in United States, et al., v. East Lake Management and 
Development Corp., Civil Action No. 01 C 7581, and on October 11, 2001, 
a proposed consent decree in United States, et al., v. Wolin-Levin, 
Inc., Civil Action No. 01 C 7580, were lodged with the United States 
District Court for the Northern District of Illinois. Notice of the 
lodging of these consent decrees was first published by the Department 
of Justice in the Federal Register on November 15, 2001 (66 FR 57 483). 
The Department of Justice is republishing the notice of lodging because 
mail delivery problems associated with anthrax mailings to government 
offices have precluded the Department of Justice's receipt of public 
comments. To avoid additional delays related to such problems, the 
Department of Justice is requesting that any comments that were 
submitted under the original notice of lodging be resubmitted to the 
U.S. Attorney's Office for the Northern District of Illinois, as set 
forth below.
    The consent decrees settles claims against management agents of 
several residential apartment buildings in Chicago, Illinois, which 
were brought on behalf of the Department of Housing and Urban 
Development and the Environmental Protection Agency 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 each 
of its complaints that the defendants failed to provide information to 
tenants concerning lead-based paint hazards, and failed to disclose to 
tenants the presence of any known lead-based paint or any known lead-
based paint hazards.
    Under both consent decrees, defendants have agreed to provide the 
required notice and disclosures, to perform inspections at the 
buildings for the presence of lead-based paint, and to perform lead-
based paint abatement. In addition, under each decree, each defendant 
will pay a penalty of $25,000 to be divided among the United States, 
the State of Illinois, Cook County, and the City of Chicago. Lastly, 
each of the consent decrees calls for the performance of Child Health 
Improvement Projects (``CHIPs''), which are projects proposed by HUD to 
address issues of childhood lead poisoning in Chicago. Wolin-Levin, 
Inc., will contribute $100,000 as a CHIP to

[[Page 3234]]

the City of Chicago to be used for additional lead-based paint 
abatement activities in Chicago, primarily replacement of windows. East 
Lake Management and Development Corp. will contribute $77,000 as a CHIP 
to community-based health centers to perform blood lead level screening 
of children and create educational programs in low income areas in 
South Chicago and Cook County. The defendants manage over 225 buildings 
with over 10,000 residential units.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the consent 
decrees. As noted above, as a result of the discovery of anthrax 
contamination at the District of Columbia mail processing center in 
mid-October, 2001, the delivery of regular first-class mail sent 
through the U.S. Postal Service has been disrupted. Consequently, 
public comments that are addressed to the Department of Justice in 
Washington, DC, and sent by regular, first-class mail through the U.S. 
Postal Service are not expected to be received in timely manner. 
Therefore, comments should be addressed to the Assistant Attorney 
General, Environment and Natural Resources Division, Department of 
Justice, and sent: (1) c/o Jonathan C. Haile, Assistant United States 
Attorney, 219 S. Dearborn St., 5th Floor Chicago, IL 60604; and/or (2) 
by facsimile to (202) 353-0296; and/or (3) by overnight delivery, other 
than through the U.S. Postal Service, to Chief, Environmental 
Enforcement Section, 1425 New York Avenue, NW., 13th Floor, Washington, 
DC 20005. Each communication should refer on its face to United States, 
et al., v. Wolin-Levin, Inc., D.J. #90-11-2-06829/1, and United States, 
et al., v. East Lake Management and Development Corp., D.J. #90-5-2-1-
07120.
    The proposed consent decree may be examined at the Department of 
Housing and Urban Development, Office of Lead Hazard Control, 
attention: Matthew E. Ammon, 490 L'Enfant Plaza SW., Room 3206, 
Washington, DC 20410, (202) 755-1785; at the office of the United 
States Attorney for the Northern District of Illinois, 219 S. Dearborn 
Street, 5th Floor, Chicago, Illinois 60604, and at U.S. EPA Region 5, 
77 West Jackson Boulevard, Chicago, IL 60604. A copy of the proposed 
Consent Decrees may also be obtained by faxing a request to Tonia 
Fleetwood, Department of Justice Consent Decree Library, fax no. (202) 
616-6584; phone confirmation no. (202) 514-1547. There is a charge for 
the copy (25 cent per page reproduction cost). Upon requesting a copy, 
please mail a check payable to the ``U.S. Treasury'', in the amount of 
$12.25 for the consent decree in United States, et al., v. Wolin-Levin, 
Inc., D.J. #90-11-2-06829/1, and $14.00 for the consent decree in 
United States, et al., v. East Lake Management and Development Corp., 
D.J. #90-5-2-1-07120, to : Consent Decree Library, U.S. Department of 
Justice, P.O. Box 7611, Washington, DC 20044-7611. The check should 
refer to United States, et al.,  v. Wolin-Levin, Inc., D.J. #90-11-2-
06829/1, and United States, et al., v. East Lake Management and 
Development Corp., D.J. #90-5-2-1-07120.

William D. Brighton,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 02-1591 Filed 1-22-02; 8:45 am]
BILLING CODE 4410-15-M

 
 

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