EPA v. The City of Yonkers Public Schools

Case summary

Under the Region�s AHERA enforcement and compliance program, EPA conducted several inspections of schools within the Yonkers Public School system (YPS). Based upon inspections conducted in 5 schools from June 2002 to September 2003, EPA found numerous AHERA violations, many of which were of the record-keeping type. We issued Show Cause letters to the school superintendent in December of 2002 and January 2003, alleging violations of AHERA (40 C.F.R. Part 763, Subpart E) at these 5 schools. The penalty amount assessed in the Complaint is One Hundred Thirty One Thousand Dollars ($131,000), which YPS must spend for the purpose of compliance with AHERA YPS and EPA have entered into this CA/FO in an effort to settle this matter in an amicable manner and without further litigation. This CA/FO encompasses all schools owned and/or operated, by YPS, which have been estimated to be approximately 43 schools. In particular, the CA/FO requires all schools to comply with AHERA requirements including asbestos management plan development/maintenance, Operations/Maintenance and Repair Program development/implementation, conduction of periodic surveillance inspections, annual asbestos notifications to parents and staff, Designated Person training, and various record keeping requirements. In complying with these tasks and in furtherance of compliance with AHERA, YPS shall spend $131,000 on AHERA compliance activities only. YPS is to complete all of the above tasks within 1 year from the date of issuance of this Final Order incorporating this Consent Agreement. The proposed settlement and the accompanying CA/FO represent a favorable solution and is consistent with the applicable penalty policy of Region 2. We recommend that you concur by executing the attached Final Order.

Defendants (1)

• Yonkers, City of Public SchoolNamed in complaintNamed in settlement

Facilities (5)

• YONKERS MIDDLE/HIGH SCHOOL

  150 ROCKLAND AVENUE, YONKERS, NY, 10705

  Registry ID: 110021975512

• MARTIN LUTHER KING ELEMENTARY SCHOOL

  135 LOCUST HILL AVENUE, YONKERS, NY, 10701

  Registry ID: 110014414856

• P. S. 23

  66 VAN CORTLANDT PARK AVENUE, YONKERS, NY, 10701

  Registry ID: 110018921595

• MARK TWAIN MIDDLE SCHOOL - YONKERS

  160 WOODLAWN AVENUE, YONKERS, NY, 10704

  Registry ID: 110018921577

• P. S. 13 - YONKERS

  195 MCLEAN AVENUE, YONKERS, NY, 10705

  Registry ID: 110018940084

Statutes cited

• TSCA 203 — EPA Regulations - Asbestos in Schools

Enforcement conclusions (1)

• The City of Yonkers Public Schoolsentered 2004-09-30

  Primary law: TSCA

Timeline (4 milestones)

• 2004-09-30Enforcement Action Closed
• 2004-09-30Complaint Filed/Proposed Order
• 2004-09-30Final Order Issued
• 2004-10-14Enforcement Action Data Entered