[Federal Register Volume 75, Number 79 (Monday, April 26, 2010)]
[Notices]
[Page 21660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-9524]


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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 April 19, 2010 a proposed Consent 
Decree in United States v. Kogan Realty Enterprises, LLC, Civil Action 
No. 1:10-cv-249 was lodged with the United States District Court for 
the Southern District of Ohio.
    The consent decree settles claims against the owner of 128 housing 
units in twenty-two separate properties located in or near Cincinnati, 
Ohio. 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 Defendant will certify that it is 
complying with residential lead paint notification requirements. The 
Defendant will submit a plan for window replacement work and will 
replace all windows known to or believed to contain lead-based paint in 
all residential properties owned by Defendant that are not certified 
lead-based paint free. In addition, Defendant will abate lead-based 
paint hazards on friction and impact surfaces, stabilize other lead-
based paint hazards, and pay an administrative penalty of $5,000.
    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 [email protected] or mailed to U.S. 
Department of Justice, P.O. Box 7611, Washington, DC 20044-7611, and 
should refer to United States v. Kogan Realty Enterprises, LLC, D.J. 
Ref. 90-5-1-1-09574.
    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 Southern District of Ohio, 303 Marconi Blvd., Suite 
200, Columbus, Ohio 43215 (Attn. Assistant United States Attorney 
Andrew M. Malek); 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 
([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 $8.75 (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.

Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2010-9524 Filed 4-23-10; 8:45 am]
BILLING CODE 4410-15-P