EPA v. Newark Public Schools

Case summary

The Newark Public Schools (NPS) System owns or operates approximately eighty schools in Newark, New Jersey and the majority of the schools (approximately seventy five) have been either found to have or are suspected to have asbestos-containing material (ACM) or asbestos-containing building material (ACBM). Under the Asbestos Hazard Emergency Response Act (AHERA), NPS, as the Local Education Agency (LEA), is responsible for inspecting all school buildings, developing asbestos management plans and carrying out the details of such plans in a timely manner. As part of the Newark�s Children Health Initiative, EPA inspected five public schools in New Jersey. The findings showed that all schools were deficient in maintaining updated management plans, conducting triennial inspections, and notifying parents, teachers, and staff of the availability of these management plans. In addition, damaged or disturbed ACM/ACBM was observed in three out of the five schools initially inspected. The AHERA violations indicated the LEA�s failure to oversee AHERA compliance was a widespread problem. EPA issued a Consent Agreement and Final Order (CA/FO) to address AHERA violations uncovered at five schools. The CA/FO includes a multi-day penalty component (that NPS can use to achieve AHERA compliance in all its schools).

Defendants (1)

• Newark Public SchoolsNamed in complaintNamed in settlement

Facilities (5)

• BOYLAN EARLY CHILD CARE CTR

  15 BOYLAN ST, NEWARK, NJ, 07106-1811

  Registry ID: 110004261548

• WILSON AVENUE ELEMENTARY SCHL

  19 WILSON AVE, NEWARK, NJ, 07105-3214

  Registry ID: 110004257526

• 13TH AVENUE SCHOOL

  359 13TH AVENUE, NEWARK, NJ, 07103

  Registry ID: 110004173297

• VAILSBURG MIDDLE SCHOOL

  107 IVY STREET, NEWARK, NJ, 07100

  Registry ID: 110004189468

• WEST SIDE HIGH SCHOOL

  403 SOUTH ORANGE AVE., NEWARK, NJ, 07103

  Registry ID: 110004179200

Statutes cited

• TSCA 203 — EPA Regulations - Asbestos in Schools

Enforcement conclusions (1)

• Newark Public Schoolsentered 2005-01-04

  Primary law: TSCA

Timeline (4 milestones)

• 2005-01-04Enforcement Action Closed
• 2005-01-04Complaint Filed/Proposed Order
• 2005-01-04Final Order Issued
• 2005-01-21Enforcement Action Data Entered