EPA v. New Brunswick Boad of Education, Inc. d/b/a The New Brunswick Public School District

Case summary

The New Brunswick Public Schools were inspected in March 2005 as part of Region 2's Children's Health Initiative. A total of six schools were inspected by EPA and NJDOHSS between March 10, 2005 and March 16, 2005. Recordkeeping type violations were observed in each of the inspected schools to varying degrees, while significantly damaged ACM was observed in one school. The Newark Brunswick Public School District (NBPS) owns or operates approximately twelve schools in New Brunswick, New Jersey. As part of the New Brunswick Children's Health Initiative, EPA inspected six public schools in NBPS. The findings showed that all schools were deficient in maintaining updated management plans, conducting periodic surveillance inspections, and notifying parents, teachers, and staff of the availability of these management plans. In addition, significantly damaged or disturbed ACM/ACBM was observed in one out of the six schools initially inspected. The AHERA violations indicated the LEA�s failure to oversee AHERA compliance was a widespread problem. Under the Asbestos Hazard Emergency Response Act (AHERA), NBPS, 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. EPA issued a Consent Agreement and Final Order (CA/FO) to address the specific AHERA violations uncovered at the six inspected schools and to ensure AHERA compliance in all 12 of its schools. The CA/FO includes a penalty component which is the minimum amount that NBPS must spend toward the achievement of AHERA compliance in all of its schools.

Defendants (2)

• New Brunswick Board of Education, Inc. d/b/aNamed in complaintNamed in settlement
• d/b/a The New Brunswick Public School DistrictNamed in settlement

Facilities (6)

• NEW BRUNSWICK HIGH SCHOOL - NEW BRUNSWICK PUBLIC SCHOOLS

  1125 LIVINGSTON AVE, NEW BRUNSWICK, NJ, 089013309

  Registry ID: 110004169578

• PAUL ROBESON SCHOOL ANNEX - NEW BRUNSWICK PUBLIC SCHOOLS

  115 COMMERCIAL AVE, NEW BRUNSWICK CITY, NJ, 08901

  Registry ID: 110023160960

• NEW BRUNSWICK CITY BD OF ED MCKINLEY SCHOOL

  35 VAN DYKE AVE, NEW BRUNSWICK, NJ, 08901

  Registry ID: 110030778111

• LINCOLN SCHOOL - NEW BRUNSWICK PUBLIC SCHOOLS

  66 BARTLETT ST, NEW BRUNSWICK CITY, NJ, 08901

  Registry ID: 110014682548

• CHESTER REDSHAW SCHOOL - NEW BRUNSWICK PUBLIC SCHOOLS

  216 LIVINGSTON AVE, NEW BRUNSWICK, NJ, 08901

  Registry ID: 110022328319

• LINCOLN SCHOOL ANNEX - NEW BRUNSWICK PUBLIC SCHOOLS

  197 SOMERSET STREET, NEW BRUNSWICK, NJ, 08901

  Registry ID: 110022314173

Statutes cited

• TSCA 203 — EPA Regulations - Asbestos in Schools

Enforcement conclusions (1)

• New Brunswick Boad of Education, Inc. d/b/a The New Brunswick Public School Districtentered 2005-09-28

  Primary law: TSCA

Timeline (4 milestones)

• 2005-09-28Enforcement Action Closed
• 2005-09-28Complaint Filed/Proposed Order
• 2005-09-28Final Order Issued
• 2005-10-05Enforcement Action Data Entered